Identifier
Created
Classification
Origin
92ZAGREB2863
1992-12-31 18:55:00
UNCLASSIFIED
Embassy Zagreb
Cable title:
1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
how-toThis record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLASSIFIED LIMITED OFFICIAL USE SECTION 01 OF 08 ZAGREB 02863
SIPDIS
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
REF: (A) 92 STATE 408075; (B) 92 ZAGREB 2463
UNCLASSIFIED LIMITED OFFICIAL USE SECTION 01 OF 08 ZAGREB 02863
SIPDIS
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
REF: (A) 92 STATE 408075; (B) 92 ZAGREB 2463
1. LIMITED OFFICIAL USE -- ENTIRE TEXT.
--------------
GENERAL COMMENTS ON DEPARTMENT'S RE-DRAFT
--------------
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PAGE 02 ZAGREB 02863 01 OF 08 311857Z
2. REF A'S RE-DRAFT OF THE CROATIA HUMAN RIGHTS
REPORT CONSTITUTES, IN OUR VIEW, A MAJOR AND AS YET
UNSUBSTANTIATED REORIENTATION OF THE DRAFT REPORT WE
SUBMITTED IN REF B.
3. IN LIGHT OF ALL THAT HAS HAPPENED IN CROATIA IN
1992, IT MIGHT BE POSSIBLE BY PICKING AND CHOOSING TO
"DOCUMENT" VIRTUALLY ANY CASE ONE WERE INCLINED TO
MAKE REGARDING THE HUMAN RIGHTS PERFORMANCE OF THE
CROATIAN GOVERNMENT. OVERALL BALANCE WILL BE CRITICAL
TO THE CREDIBILITY OF THIS YEAR'S REPORT. IN OUR
DRAFT WE SOUGHT CAREFULLY TO STRIKE A BALANCE WHICH
ACCURATELY REFLECTS THE HUMAN RIGHTS SITUATION IN
THIS COUNTRY OVER THE PAST YEAR.
4. IN PARAGRAPH 11 OF REF A WE ARE ADVISED TO MAKE A
"SPECIAL EFFORT" TO DOCUMENT HUMAN RIGHTS ABUSES BY
THE CROATS -- OTHERWISE THE STRONG U.S. INDICTMENT OF
SERBIAN ABUSES IN SERBIA AND BOSNIA-HERCEGOVINA WILL
SEEM LESS CREDIBLE. IT IS POSSIBLE THAT WE
MISUNDERSTAND THE INTENT OF THIS REQUEST, BUT, FOR
THE RECORD, WE WOULD BE EXTREMELY UNCOMFORTABLE
TAKING SUCH A CALCULATED APPROACH TO DESCRIBING
CROATIA'S HUMAN RIGHTS PERFORMANCE. MORE PLAINLY
PUT, WE DON'T THINK CROATIA'S AND SERBIA'S 1992 HUMAN
RIGHTS REPORTS SHOULD BE DRAFTED OR CONSIDERED "IN
TANDEM."
5. THIS FORMERLY EVACUATED MISSION HAD ALMOST NO
FILES FROM THE FIRST HALF OF 1992 AND EXPERIENCED AN
ALMOST TOTAL CHANGEOVER OF PERSONNEL LAST SUMMER.
YET WE FULLY ACKNOWLEDGED, AND WE INCLUDED IN OUR
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PAGE 03 ZAGREB 02863 01 OF 08 311857Z
DRAFT, SERIOUS HUMAN RIGHTS SHORTCOMINGS AND EVEN
ALLEGATIONS OF HUMAN RIGHTS VIOLATIONS, IN TERRITORY
CONTROLLED BY THE CROATIAN GOVERNMENT IN 1992. IF
THE DEPARTMENT IS ABLE TO AUGMENT WHAT WE INCLUDED IN
OUR DRAFT WITH HARD EVIDENCE WHICH CASTS CROATIA'S
HUMAN RIGHTS PERFORMANCE IN A DIFFERENT LIGHT, THIS
SHOULD OBVIOUSLY BE DONE. BUT WE WOULD LIKE TO STICK
WITH THE FACTS AND KEEP OUR FOCUS ON CROATIA.
6. MANY OBSERVERS OF THE CROATIAN SCENE, INCLUDING
HARSH CRITICS OF THE GOVERNMENT, WOULD TEND TO
DISMISS A GRATUITOUSLY SEVERE REPORT AS MERELY
REFLECTING A DEEP-SEEDED STATE DEPARTMENT BIAS
AGAINST CROATS. WE HERE DO WHAT WE CAN TO CORRECT
THIS UNFORTUNATE MISPERCEPTION. BUT A HUMAN RIGHTS
REPORT OF REF A'S ORIENTATION RUNS THE RISK OF BEING
REJECTED OUT OF HAND. THIS IS NOT/NOT AN ARGUMENT
FOR NOT TAKING A TOUGH, OBJECTIVE VIEW OF THIS
VERY-IMPERFECT GOVERNMENT'S HUMAN RIGHTS PERFORMANCE,
BUT WE SHOULD LIMIT OURSELVES TO THAT.
END GENERAL COMMENTS ON REF B RE-DRAFT.
7. N.B. ALL PARAGRAPH REFERENCES BELOW ARE TO
REF A. THROUGHOUT, FOR SUGGESTED INSERTIONS OR
CHANGES, WE USE DOUBLE SLASHES (//) TO SET OFF TEXT
FOR INCLUSION OR SUBSTITUTION.
8. PARA 5, SENTENCE ONE. THIS CONSTRUCTION IS NOT
ACCURATE. WE SUGGEST SUBSTITUTING //CROATIA, WHOSE
TERRITORY FORMERLY CONSTITUTED ONE OF THE CONSTITUENT
REPUBLICS OF THE SOCIALIST FEDERAL REPUBLIC OF
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PAGE 04 ZAGREB 02863 01 OF 08 311857Z
YUGOSLAVIA, DECLARED ITS INDEPENDENCE ON JUNE 25,
1991.//
9. PARA 5, SENTENCE TWO, COMMENT: IT IS TENDENTIOUS
IN THE EXTREME TO STATE THAT CROATIA'S DECLARATION OF
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ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0CF8 311859Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3234
LIMITED OFFICIAL USE SECTION 02 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
INDEPENDENCE IS WHAT "PRECIPITATED A CIVIL WAR." WE
SUGGEST SUBSTITUTING THE ACCURATE LANGUAGE OF 92
BELGRADE 3998 //BLOCKED BY SERBIA IN ITS ATTEMPT TO
RESTRUCTURE YUGOSLAVIA AS A LOOSE FEDERATION, THE
REPUBLIC OF CROATIA DECLARED ITS INDEPENDENCE ON JUNE
25, 1991, AND SOUGHT INTERNATIONAL RECOGNITION.//
AND THEN IMMEDIATELY ADD //THAT ACTION WAS SEIZED
UPON BY THE AUTHORITIES IN BELGRADE TO UNLEASH THE
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PAGE 02 ZAGREB 02863 02 OF 08 311858Z
OVERWHELMINGLY SERBIAN-LED YUGOSLAV NATIONAL ARMY
(JNA) AGAINST CROATIAN TOWNS AND CITIES IN ORDER TO
DESTROY THE FLEDGLING CROATIAN STATE OR LEAVE IT
CRIPPLED INDEFINITELY. THEY ESTABLISHED CONTROL OVER
A NUMBER OF AREAS WHERE CROATS OF SERBIAN NATIONALITY
WERE PREDOMINANT AS WELL AS OVER AREAS WHERE SERBS
HAD BEEN IN A MINORITY. THE JNA WAS ASSISTED IN THIS
EFFORT BY PARAMILITARY FORCES WHO INVADED FROM SERBIA
AND FROM MONTENEGRO AND BY LOCAL SERBIAN IRREGULARS.
THESE UNITS WERE OFTEN ORGANIZED AND LED BY REGULAR
JNA OFFICERS OR THEIR SURROGATES AND ALL WERE
DIRECTLY SUPPLIED WITH WEAPONS AND AMMUNITION BY THE
JNA.//
10. REF A, NOTE ONE: CROATIA DID NOT ISSUE A FORMAL
DECLARATION OF WAR. RESTRICTIONS/EMERGENCY POWERS
INCLUDED LARGELY CURFEWS, BLACKOUTS, AND SIMILAR
CIVIL DEFENSE MEASURES. MOST OF THESE, INSTITUTED
INFORMALLY OR AT LOCAL LEVELS, HAVE LONG SINCE CEASED
IN AREAS NOT STILL UNDER BOMBARDMENT FROM SERBIAN
FORCES IN BOSNIA. FOR EXAMPLE, THE CURFEW IN
DUBROVNIK WAS LIFTED BEFORE CHRISTMAS AND WILL NOT BE
REINSTATED.
11. PARA 6, SENTENCE TWO: THIS IS INACCURATE. THE
AREAS OVER WHICH CROATIAN AUTHORITY IS TO BE
REESTABLISHED UNDER THE VANCE PLAN WERE NOT AND STILL
ARE NOT SOLELY "SERB-INHABITED." SECTOR WEST IS NOT
EVEN LARGELY SERBIAN-CONTROLLED. NOR ARE SERBS THE
ONLY MINORITY IN THE UNPAS. WE SUGGEST SUBSTITUTING
//THE VANCE PLAN WAS TO PROVIDE FOR NORMALIZING THE
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PAGE 03 ZAGREB 02863 02 OF 08 311858Z
OCCUPIED AREAS THROUGH DEMILITARIZATION, THE RETURN
OF DISPLACED PERSONS, AND THE REESTABLISHMENT OF
CROATIAN GOVERNMENT AUTHORITY, WITH ASSURANCES FOR
MINORITY POPULATIONS.//
12. REF A, NOTE TWO: WITHDRAWAL OF JNA UNITS WAS
SUPPOSEDLY COMPLETED IN THE SPRING AND SUMMER.
HOWEVER, MANY OF THESE SOLDIERS IN JNA UNITS STAYED
ON I SERBIAN-OCCUPIED PARTS OF CROATIA (WHAT BECAME
THE UNPAS) AND "CONVERTED" TO THE SO-CALLED "POLICE
FORCE" OR "SPECIAL POLICE." IN ADDITION, JNA UNITS
CONTINUED TO OCCUPY THE PREVLAKA PENINSULA AND REGION
AROUND DUBROVNIK LONG AFTER THEY HAD AGREED WITH UN
NEGOTIATORS TO DEPART. THE LAST JNA UNITS LEFT ONLY
IN THE FIRST WEEK OF NOVEMBER.
13. PARA 6, LAST SENTENCE: THIS IS THE FIRST
REFERENCE OF MANY IN REF A TO THE "RSK," AN ENTITY
WHICH NO COUNTRY RECOGNIZES. IT IS NOT AN
APPELLATION USED BY ANYONE IN CROATIA OUTSIDE OF THE
UNPAS, INCLUDING CROATIAN SERBS. IT HAS NO LEGAL
STANDING AND NO GOVERNMENTAL STRUCTURES WORTHY OF THE
NAME. ITS SO-CALLED OFFICIALS ARE IN MANY CASES
PERSONALLY PERSECUTING NOT ONLY CROATS AND HUNGARIANS
AND OTHER MINORITIES BUT ALSO MODERATE SERBS AS
WELL. THROUGHOUT THIS REPORT, "RSK" SHOULD BE
REPLACED WITH, AS APPROPRIATE, "THE UNITED NATIONS
PROTECTED AREAS," "THE UNPAS," OR, WHERE NECESSARY,
"THE UNPA SERBS."
14. REF A, NOTE 3: THIS OFFICE OPERATES ALMOST
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PAGE 04 ZAGREB 02863 02 OF 08 311858Z
COMPLETELY SECRETLY. THERE HAVE BEEN ALLEGATIONS,
WHICH WE CANNOT SUBSTANTIATE, THAT PERSONS UNDER THIS
OFFICE, HAVE BEEN IMPLICATED IN HUMAN RIGHTS ABUSES
AGAINST CROATIANS OF SERBIAN NATIONALITY. READERS
INFORMED ABOUT CROATIA WILL DRAW THE CORRECT
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ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0D0C 311900Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3235
LIMITED OFFICIAL USE SECTION 03 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
INFERENCE FROM OUR MERE MENTION OF THE OFFICE, AS WE
DID IN REF B.
15. PARA 8, LAST TWO LINES: WE SUGGEST SUBSTITUTING
//AND "BORDER POLICE," ARE DIRECTLY INVOLVED IN A
CONTINUING PATTERN OF MAJOR HUMAN RIGHTS ABUSES
AGAINST NON-SERBIAN POPULATIONS AND AGAINST MODERATE
SERBS.//
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PAGE 02 ZAGREB 02863 03 OF 08 311859Z
16. PARA 9, LINE 4: DELETE// "CIVIL."//
17. REF A, NOTE 4: OVER 400,000 IS AN ACCEPTED
FIGURE FOR THE TOTAL NUMBER OF CROATIAN CITIZENS
DISPLACED.
18. PARA 10: REPLACE WITH //IN PRACTICE THERE HAVE
BEEN NUMEROUS SUBSTANTIATED REPORTS OF POLITICAL AND
OTHER EXTRAJUDICIAL KILLINGS IN VARIOUS PARTS OF
CROATIA IN 1992. A CRITICAL DISTINCTION MUST BE MADE
BETWEEN SUCH CRIMES COMMITTED ON CROATIAN GOVERNMENT
CONTROLLED TERRITORY, COMPARATIVELY FEW IN NUMBER,
AND DOCUMENTED KILLINGS IN AREAS UNDER LOCAL SERBIAN
CONTROL, WHICH WERE FAR MORE NUMEROUS AND OFTEN
INVOLVED DIRECT COMPLICITY OF LOCAL SERBIAN
AUTHORITIES. THE HIGHEST LEVELS OF THE GOVERNMENT OF
CROATIA HAVE PLEDGED THAT ALL CRIMES AGAINST CITIZEN
WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
WITHIN MOST PARTS OF THE UNPAS, THE SITUATION IS
INCOMPARABLY WORSE. IN THE AREAS UNDER THE CONTROL
OF THE SO-CALLED KNIN GOVERNMENT, MURDERS OCCUR
REGULARLY AND NO PERPETRATORS HAVE BEEN BROUGHT TO
JUSTICE. IN SECTOR EAST, FOR EXAMPLE, A SERBIAN
EXTREMIST WAS IDENTIFIED AS THE GUNMAN IN THREE
SEPARATE MURDERS COMMITTED IN THE SUMMER OF 1992. HE
WAS DETAINED AND RELEASED TWICE BY THE ETHNIC SERBIAN
"AUTHORITIES" AND THEN ALLOWED TO CROSS OVER INTO
SERBIA AFTER HIS THIRD ARREST.//
19. REF A, NOTE 5: SEE NEXT PARA FOR SUGGESTED
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PAGE 03 ZAGREB 02863 03 OF 08 311859Z
EXAMPLE.
20. REF A, NOTE 6: ADD //ON NOVEMBER 27, SENIOR
MINISTRY OF INTERIOR OFFICIALS ANNOUNCED THE ARREST
OF FOUR POLICEMEN FROM PODRAVSKA SLATINA AND VOCIN ON
SUSPICION OF THE THE MURDER OF A 62-YEAR OLD CROATIAN
CITIZEN OF SERBIAN NATIONALITY.//
21. PARA 13: DELETE "RSK" AND REPLACE WITH //SERBIAN
EXTREMISTS//.
22. REF A, NOTE 7: COMMENT: UNPROFOR CIVIL POLICE
AND UNPA SECTOR OFFICIALS (PROTECT) WERE THE SOURCES
FOR MANY DETAILS. IN ADDITION, SENIOR UNPROFOR
OFFICIALS HAVE GONE ON THE RECORD DETAILING THE STATE
OF LAWLESSNESS IN THE SERBIAN-CONTROLLED PARTS OF THE
UNPAS.
23. REF A, NOTE 8: ADD//THERE HAVE BEEN VIRTUALLY NO
REPORTS IN 1992 OF THE DISAPPEARANCE OF PERSONS FROM
AREAS UNDER CROATIAN CONTROL. PEOPLE HAVE BEEN
FORCED TO LEAVE CROATIAN-CONTROLLED AREAS BUT THEIR
WHEREABOUTS HAVE TENDED TO BE KNOWN. FOR EXAMPLE,
DURING AND IN THE IMMEDIATE WAKE OF LAST YEAR'S WAR,
SOME 85,000 CROATIANS OF SERBIAN NATIONALITY
REPORTEDLY WENT TO SERBIA AND OTHERS TO
SERBIAN-CONTROLLED PARTS OF THE UNPAS.//
24. REF A NOTE 9: ADD TO END OF LINE 5 //THREATS OF
BODILY HARM OR DEPRIVATION OF LIBERTY AND PERSONAL
INVECTIVES WERE SOMETIMES USED TO ENFORCE COMPLIANCE
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WITH ORDERS AND INSTRUCTIONS.//
25. REF A, NOTE 10: SUBSTITUTE LAST SENTENCE OF PARA
17 WITH // THE GOVERNMENT REPLACED AND FIRED SOME
POLICE OFFICIALS WHO DID NOT TAKE SUFFICIENTLY
VIGOROUS STEPS TO PREVENT BEATINGS AND VERBAL ABUSE
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ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0D22 311901Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3236
LIMITED OFFICIAL USE SECTION 04 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
OF DETAINEES.// COMMENT: LOSING A GOVERNMENT JOB IS
SERIOUS IN THIS TIME OF HIGH UNEMPLOYMENT.
26. REF A, NOTE 11: THE SOURCE WHO DESCRIBED THE
ACTIONS OF THE SO-CALLED MAYOR OF DALJ SAID THAT HE
BEAT PEOPLE WHOM HE ACCOSTED IN THE STREETS AND
PHYSICALLY ABUSED OTHERS WHOM HE WAS TRYING TO THROW
OUT OF THEIR HOMES. Q-2: THE CROATS CLAIM THAT
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VIRTUALLY ALL THE SERBIAN POWS THEY HELD HAVE BEEN
TRADED BACK TO SERBIA FOR CROATIAN POWS EARLIER THIS
YEAR. CONDITIONS IN THE CROATIAN POW CAMPS HAD NOT
BEEN MADE AN ISSUE BY LOCAL OR INTERNATIONAL RIGHTS
GROUPS.
27. REF A, NOTE 12: JUDICIAL AND/OR PROSECUTORIAL
ARREST WARRANTS ARE USED. TIME LIMITS FOR FORMAL
INDICTMENTS VARY DEPENDING ON THE KIND AND
SERIOUSNESS OF THE CHARGES AND MAY RANGE FROM DAYS TO
MONTHS. CONSTITUTIONAL SAFEGUARDS ARE REPORTED TO BE
OBSERVED AND LEGAL DETAILS HAVE NOT BEEN THE SUBJECT
OF GENERAL CRITICISM.
28. REF A, NOTE 13: OUR VERY LIMITED FILES CONTAIN
NO BACKGROUND INFORMATION ON THE ITEMS SPECIFIED IN
THE 1991 REPORT WHICH WAS COMPILED IN BELGRADE.
29. PARA 21: DELETE //AND "RSK" OFFICIALS//.
30. RE PARA 22: DELETE OLD PARA AND ADD // THE
DELIBERATE EXPULSION OF INDIVIDUALS FROM THEIR HOMES
BASED ON THEIR NATIONALITY, WAS A SERIOUS PROBLEM IN
1992. MOST OF THE EXCESSES OF THIS NATURE COMMITTED
BY CROATIAN EXTREMISTS OCCURRED IN 1991 WITH SOME
RESIDUAL REVENGE TAKING OCCURRING IN 1992 ALONG THE
CEASEFIRE LINES. IT IS THE OFFICIAL PRACTICE OF
SERBIAN AUTHORITIES IN THE UNPAS TO DRIVE OUT OR
ELIMINATE NON-SERBIAN INDIVIDUALS IN THE AREAS UNDER
THEIR CONTROL. SUCH ATROCITIES AGAINST NON-SERBS
ESPECIALLY IN SECTOR EAST AND SOUTH RAN INTO THE
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THOUSANDS.//
31. REF A, PARA 23: START LINE ONE WITH //THE
CROATIAN LEGAL SYSTEM CONSISTS OF//. THIS AVOIDS ONE
USE OF "COURT" IN THAT SENTENCE.
32. REF A, NOTE 14: COMMENT: DEFENDANTS IN MILITARY
COURTS HAVE THE SAME RIGHTS AND PRIVILEGES AS
DEFENDANTS IN CIVIL COURTS. THE CROATS HAVE BEEN
CRACKING DOWN ON LAWLESS ELEMENTS, INCLUDING BOTH
DEMOBILIZED SOLDIERS WHO HAD TURNED TO CRIMINAL
ACTIVITIES AND SERBIAN FIFTH COLUMNISTS AND
COLLABORATORS. THE IN ABSENTIA INDICTMENTS INVOLVE
MOSTLY SERBS WHO ASSISTED THE JNA IN LAST YEAR'S
ATTACKS AND/OR WHO WERE ACTIVE IN SERBIAN
PARAMILITARY GANGS.
33. REF A, NOTE 15: AN ATTORNEY IS PROVIDED TO
INDIGENT DEFENDANTS.
34. REF A, NOTE 16: THESE CASES ARE INACTIVE OR
FORMAL INDICTMENTS WERE NOT PURSUED.
35. REF A, NOTE 17: INTERNATIONAL LEGAL EXPERTS WHO
QUERIED SERBIAN AUTHORITIES REGARDING THEIR SO-CALLED
LEGAL SYSTEM FOUND THE ANSWERS EVASIVE, INACCURATE,
AND MENDACIOUS. A SECOND RELIABLE SOURCE SAID THE
LEGAL SYSTEM IN THE SERBIAN-CONTROLLED PARTS OF THE
UNPAS DOES NOT EXIST. SO-CALLED "JUDGES" CARRY OUT
EXTREMIST POLICIES DIRECTLY AGAINST NON-SERBIAN
MINORITIES. EMBOFF WAS PRESENT AT THESE
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DISCUSSIONS.
36. REF A, NOTE 18: POLICE ARE MAKING A CONCERTED
EFFORT TO SEIZE SOME OF THE INCREASING QUANTITIES OF
EXPLOSIVES AND AUTOMATIC WEAPONS THAT ARE LOOSE IN
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ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0D31 311902Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3237
LIMITED OFFICIAL USE SECTION 05 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
THE SOCIETY. SOME PEOPLE HAVE COMPLAINED THAT MORE
HOMES AND PREMISES ARE BEING SEARCHED THAN IS
NECESSARY. IT'S A JUDGMENT CALL.
37. REF A, LINE 30: DELETE REFERENCE TO "RSK" AND
SUBSTITUTE //UNPA SERBIAN OFFICIALS//.
38. REF A, NOTE 19: EMBASSY ZAGREB REPORTING AND THE
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PAGE 02 ZAGREB 02863 05 OF 08 311902Z
INTERNATIONAL NEWS MEDIA HAVE DETAILED THE SPECIFIC
ACTIVITIES OF SERBIAN EXTREMISTS IN THE UNPAS. IN
SECTOR EAST, SERBIAN PARAMILITARIES, INCLUDING THUGS
FROM SERBIA WHO WORK FOR THE TERRORIST ARKAN, FORCE
THEIR WAY INTO HOUSES FOR THE PURPOSE OF TAKING A
"CENSUS" OF PEOPLE AND BELONGINGS. NON-SERBS,
INCLUDING HUNGARIANS AND SLOVAKS, ARE THEN PRESSURED
BY PHYSICAL INTIMIDATION TO SIGN OVER THEIR PROPERTY
AND LEAVE. IN ISOLATED HOMESTEADS, GUNMEN WALK
THROUGH THE TARGETED FARMYARDS SHOOTING AT WINDOWS
AND PEOPLE IN THE HOUSES. CREDIBLE REPORTS FROM
INTERNATIONAL OBSERVERS HAVE DOCUMENTED FORCIBLE
ENTRY INTO HOMES AND THEN THE MURDER OR ASSAULT OF
THE OCCUPANTS, MOSTLY OLD WOMEN AND MEN. MURDERS OF
MOSTLY ELDERLY CROATS TAKE PLACE IN SECTOR SOUTH ON
AN ALMOST WEEKLY BASIS.
39. REF A, NOTE 20: THE CULPRITS, WHO STRUCK AT
NIGHT, HAVE NOT BEEN CONCLUSIVELY IDENTIFIED. IT IS
BELIEVED THAT CROATS, PROBABLY DISPLACED FROM BARANJA
AND SLAVONIA, MOTIVATED BY REVENGE, WERE
RESPONSIBLE.
40. REF A, PARA 35: REPLACE "ETHNIC CLEANSING" WITH
//FORCED RESETTLEMENT//. THE TERM ETHNIC CLEANSING
SHOULD BE RESERVED FOR THE SPECIFIC PATTERN OF
TERRORIST CLEARING ACTIONS OF BOSNIAN SERBS.
41. REF A, NOTE 21: GO AHEAD AND USE THE EC REPORT
THAT YOU HAVE IF YOU ARE SATISFIED WITH ITS
SPECIFICITY AND ACCURACY. WE HAVEN'T GOT A COPY.
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YOU MAY WISH TO ENSURE THAT THE TERM "SOLDIERS"
REALLY MEANT THE CROATIAN ARMY (HV),RATHER THAN
CRIMINALS AND EXTORTIONISTS DRESSED IN KHAKI. WE ARE
AWARE OF NO SUCH CROATIAN GOVERNMENT ACTIONS AGAINST
GROUPS OF VILLAGES.
42. REF A, NOTE 22: NEW START FOR PARA 38 //IN THE
EARLY MONTHS OF ATTACKS IN 1991 BY THE JNA AND
SERBIAN PARAMILITARIES, CROATIAN VILLAGES AND
CROATIAN SECTIONS OF TOWNS SUCH AS LIPIK, NUSTAR, AND
VINKOVCI WERE DESTROYED IN AN EFFORT TO FORCE CROATS
TO FLEE.//
43. REF A, NOTE 23: ADD//THE FORMERLY LARGELY
CROATIAN VILLAGES OF ERDUT AND ILOK IN SECTOR EAST
HAVE BEEN STRIPPED OF THEIR NON-SERBIAN POPULATIONS
WITH SLOVAKS, CROATS, AND HUNGARIANS FORCED TO
EMIGRATE IN FEAR OF THEIR LIVES. NO SECTOR-BY-SECTOR
BREAKDOWN IS AVAILABLE. 400,000 WAS CITED IN OUR
INTRODUCTION.//
44. REF A, PARA 41: DELETE THE "RSK" AND REPLACE
WITH //SERBIAN EXTREMISTS//.
45. REF A, NOTE 24: WE DO NOT SEE HOW A STATEMENT OF
REPORTED HVO DEPLOYMENTS IS RELEVANT. FOR THE RECORD
THERE ARE CONFLICTING REPORTS OF THE EXTENT TO WHICH
HVO FORCES MAY BE DEPLOYED IN B-H, RANGING FROM THE
CROATIAN GOVERNMENT POSITION THAT NO UNITS ARE
DEPLOYED TO ALLEGATIONS THAT AT TIMES MANY THOUSANDS
OF SUCH TROOPS HAVE BEEN PRESENT IN BOSNIA. DELETE
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PAGE 04 ZAGREB 02863 05 OF 08 311902Z
REF TO B-H REPORT. EACH REPORT SHOULD STAND ON ITS
OWN.
46. RE PARAS 42-52: PLEASE RETAIN FROM DRAFT B. WE
STRONGLY BELIEVE THAT THE REF B TEXT IS ACCURATE AND
LIMITED OFFICIAL USE
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PAGE 01 ZAGREB 02863 06 OF 08 311903Z
ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 OASY-00 DODE-00 EB-01
HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04 L-03
ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01 P-01
SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00 RPE-00
/063W
-------------- 8C0D44 311904Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3238
LIMITED OFFICIAL USE SECTION 06 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 ROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
PROPERLY NUANCED.
47. REF A, NOTE 26: AUTHORITY FOR FREQUENCY
ASSIGNMENT IS REPORTEDLY DIVIDED BETWEEN NATIONAL AND
LOCAL AUTHORITIES. THE MUNICIPAL AND LOCAL
GOVERNMENT STRUCTURE IS NOW BEING RE-ORGANIZED AND A
BILL ON THE NEW PARISHES WAS PASSED ONLY AT THIS
WEEK'S SABOR SESSION. CROATIA HAS NO CRISPLY
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PAGE 02 ZAGREB 02863 06 OF 08 311903Z
FUNCTIONING FCC-LIKE AGENCY. GOVERNMENT OFFICIALS
WHO DISCUSSED THIS QUESTION RAISED THE MATTER OF
ECONOMIC VIABILITY, SPECIFICALLY WHETHER OR NOT THERE
WAS A SUFFICIENT ADVERTISING BASE TO MAKE ECONOMIC
SENSE FOR MULTIPLE NEW STATIONS. THE GOVERNMENT IS
PROBABLY NOT SURE WHAT KIND OF COMMUNICATIONS POLICY
IT WANTS AND WHAT MAKES ECONOMIC AND SOCIAL GOOD
SENSE. FOR THESE AND PROBABLY OTHER REASONS, THERE
IS LITTLE INCENTIVE TO MOVE FAST, AND SO FAR, LITTLE
PUBLIC PRESSURE OR EVIDENCE OF CONCERN.
48. PARA 50: DELETE "RSK" AND REPLACE WITH
//SERBIAN-CONTROLLED UNPA AREAS//.
49. REF A, NOTE 27: ADD //THIS RIGHT IS ENJOYED BY
OTHER NATIONALITIES IN CROATIA, INCLUDING CROATIANS
OF SERBIAN AND MUSLIM NATIONALITY. HOWEVER, IN
SERBIAN-CONTROLLED UNPAS IN CROATIA THESE RIGHTS ARE
NOT RESPECTED OR ENJOYED.//
50. REF A, NOTE 28: THERE ARE TWO MOSQUES IN
CROATIA, AND SOME HALF DOZEN OR SO ISLAMIC COMMUNITY
CENTERS WHICH SERVE AS LOCATIONS FOR PRAYER AND
WORSHIP. OF THESE, THE ONE IN DUBROVNIK WAS
DESTROYED BY SERBIAN SHELLING AND ANOTHER IN OSIJEK
WAS DAMAGED, ALSO BY SERBIAN ARTILLERY.
51. REF A, PARA 55: REPLACE LAST SENTENCE WITH //AN
ORTHODOX CHURCH IN VARAZDIN WAS BOMBED AND SLIGHTLY
DAMAGED BY A DISGRUNTLED CROATIAN REFUGEE WHO WAS
ARRESTED AND WILL BE TRIED FOR THE CRIME.//
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52. PARA 56: REPLACE WITH //THE JEWISH COMMUNITY
CENTER IN ZAGREB SERVES AS A HOUSE OF WORSHIP FOR
BELIEVERS AND THERE IS A SERBIAN ORTHODOX CATHEDRAL
IN DOWNTOWN ZAGREB. ONE OF CROATIA'S TWO MAJOR
MOSQUES IS ALSO LOCATED IN ZAGREB. THE JEWISH CENTER
WAS REBUILT WITH GOVERNMENT FINANCIAL ASSISTANCE IN
1992 AFTER A BOMBING LAST YEAR. THE SERBIAN
CATHEDRAL HAS REMAINED UNDAMAGED THROUGHOUT THE WAR.
THE MOSQUE SERVES NOT ONLY A RELIGIOUS FUNCTION BUT
ALSO HAS BEEN THE TEMPORARY RESIDENCE FOR HUNDREDS OF
BOSNIAN REFUGEES.// JUSTIFICATION: PARA AS IN REF A
SUGGESTS THAT FUNCTIONING/NONFUNCTIONING
CHARACTERISTIC IS AN INDICATOR OF FREEDOM OF RELIGION
RATHER THAN AN INDICATOR OF SOCIAL DISLOCATION
PRODUCED BY THE WAR.
53. REF A, NOTE 29: ADD //THERE IS VIRTUALLY NO
FREEDOM OF RELIGION FOR NON-ORTHODOX BELIEVERS IN
SERBIAN-CONTROLLED AREAS OF THE UNPAS.//
54. REF A, NOTE 30: THE GOVERNMENT AND INTERNATIONAL
ORGANIZATIONS USUALLY CITE THE FIGURE OF "MORE THAN
1/4TH OCCUPIED."
55. REF A, PARA 59, LINE 6: REPLACE WITH //NO CROATS
OR MUSLIMS WERE ABLE TO RETURN TO THEIR HOMES IN
SERBIAN-CONTROLLED PARTS OF THE UNPAS. A NUMBER OF
SERBIAN FAMILIES DID RETURN TO THE
CROATIAN-CONTROLLED PART OF SECTOR WEST AND TO THE
AREA AROUND OSIJEK (CLOSE TO UNPA SECTOR EAST).//
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PAGE 04 ZAGREB 02863 06 OF 08 311903Z
56. REF A, NOTE 31: CLARIFICATION: THERE ARE POLICE
CHECKPOINTS THROUGHOUT FREE CROATIA BUT MOST ARE
DIRECTED AT ENFORCEMENT OF TRAFFIC AND VEHICLE
REGISTRATION MATTERS. AT SELECTED POINTS ALONG THE
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PAGE 01 ZAGREB 02863 07 OF 08 311904Z
ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0D50 311905Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3239
LIMITED OFFICIAL USE SECTION 07 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
FRONT LINES, SUCH AS KARLOVAC AND NEAR THE SECTORS,
POLICE CHECKPOINTS ARE DESIGNED TO CATCH SHIPMENTS OF
ILLEGAL ARMS AND EXPLOSIVES, SERBIAN INFILTRATORS AND
AGENTS, AND SMUGGLERS. PROMINENT AND NOT SO
PROMINENT CROATIANS OF SERBIAN NATIONALITY TRAVEL
FREELY AROUND THE COUNTRY AND ABROAD, INCLUDING TO
SERBIA FOR MEETINGS WITH BELGRADE OFFICIALS, WITHOUT
RESTRICTION.
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PAGE 02 ZAGREB 02863 07 OF 08 311904Z
57. REF A, NOTE 32: IT IS UNWISE FOR NON-SERBIAN
CROATS TO TRAVEL IN SERBIAN-CONTROLLED PORTIONS OF
THE UNPAS. EVERYONE TRAVELLING IN THE
CROATIAN-CONTROLLED PORTION OF SECTOR WEST NEEDS
PROPER IDENTIFICATION AND PAPERS. FOREIGNERS AND
MEMBERS OF INTERNATIONAL ORGANIZATIONS HAVE NO
PROBLEMS TRAVELLING IN FREE CROATIA BUT SHOULD
EXERCISE CAUTION IN NON-FREE UNPA AREAS.
58. REF A, NOTE 33: IN THE EYES OF THE BOSNIAN
GOVERNMENT THESE INDIVIDUALS WERE DRAFT-AGE MALES
LIABLE FOR MILITARY SERVICE WHO WERE EVADING SUCH
SERVICE. WE ARE NOT AWARE THAT THOSE WHO WERE
RETURNED HAD EVER BEEN ACCORDED REFUGEE STATUS.
59. REF A, PARA 62 LINE ONE: ADD //CROATS HAVE
HAD//. A FIRST REFERENCE TO "CDU" SHOULD BE SPELLED
OUT AS "CROATIAN DEMOCRATIC UNION."
60. PARA 63: OUR ORIGINAL LANGUAGE IS MORE
ACCURATE. ONLY A VERY FEW WESTERN OBSERVERS CALLED
THE ELECTIONS SERIOUSLY FLAWED. WE ARE AWARE OF NO
SUBSTANTIATED ALLEGATIONS OF INTIMIDATION OF VOTERS
AND MEDIA ACCESS IN THE CAMPAIGN WAS GENERALLY
CONSIDERED FAIR.
61. REF A, NOTE 34: IT IS HIGHLY UNLIKELY THAT ANY
OF THE SHORTCOMINGS ALLEGED CHANGED THE RESULTS. THE
HDZ IS WELL-ORGANIZED AND RAN AN EFFECTIVE CAMPAIGN.
THE OPPOSITION WAS FRAGMENTED AND DID A MUCH LESS
EFFECTIVE JOB IN GETTING ITS MESSAGE ACROSS.
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PAGE 03 ZAGREB 02863 07 OF 08 311904Z
62. REF A, PARA 65: DELETE "RSK" AND REPLACE WITH
//SERBIAN-CONTROLLED PARTS OF THE UNPAS//.
63. REF A, NOTE 35: THE THIRTEEN SERBS WERE
DESIGNATED AND NOW SIT IN PARLIAMENT. CROATIA HAS
ITS OWN ELECTION LAWS AND IS PRESENTLY COMPLETING
LAWS ABOUT ELECTING THE HOUSE OF PARISHES.
64. REF A, NOTE 36: HELSINKI WATCH CONTACTS TOLD US
THAT THEY HAVE HAD VERY GOOD ACCESS THROUGHOUT 1992,
AND IN 1991 AS WELL.
65. REF A, NOTE 37: MUSLIMS AND THE OTHER
NATIONALITIES IN CROATIA HAVE NOT BEEN MAJOR TARGETS
OF DISCRIMINATION. THERE HAVE BEEN NONE OF THE
FRENCH- OR GERMAN-STYLE ANTI-FOREIGN RIOTS, STONINGS,
OR MOB SCENES. MAZOWIECKI BASED HIS CRITIQUE LARGELY
ON NUMBERS, I.E., THAT MORE SERBS THAN CROATS HAD NOT
YET ACQUIRED CITIZENSHIP. THEREFORE, THEY ARE
DISCRIMINATED AGAINST.
66. REF A, NOTE 38: THE STATEMENT WAS BASED ON
DISCUSSIONS WITH WOMEN IN CROATIA, PRESS ARTICLES OF
CRIMINAL AND COURT ACTIVITIES, AND RESPONSES OF
VISITING INTERNATIONAL EXPERTS.
67. REF A, NOTE 39: AN INCREASE IN REPORTING OF
ABUSE MAY BE DUE TO A COMBINATION OF FACTORS SUCH AS
INCREASED SENSITIVITY TO WOMEN'S RIGHTS ISSUES.
68. REF A, NOTE 40: CERTAIN CLERICAL STAFF HAVE A
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PAGE 04 ZAGREB 02863 07 OF 08 311904Z
RIGHT TO STRIKE BUT "ESSENTIAL SERVICES" PERSONNEL
MUST REMAIN ON DUTY. RETENTION OF POLICE PERSONNEL
ON DUTY IS AN ESPECIALLY SENSITIVE TOPIC. IN 1991,
VIRTUALLY ALL OF SERBS IN THE SERBIAN-DOMINATED
POLICE FORCES WENT OVER TO THE JNA IN THE WAR,
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PAGE 01 ZAGREB 02863 08 OF 08 311904Z
ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0D56 311905Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3240
LIMITED OFFICIAL USE SECTION 08 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
CONTRIBUTING DIRECTLY TO THE BREAKDOWN OF LAW AND
ORDER THAT CONTINUES TO BE A PROBLEM.
69. REF A, NOTE 41: MOST OF THE STRIKERS AGREED TO
ACCEPT AN IMPROVEMENT IN WAGES AND MODEST CHANGES IN
WORKING CONDITIONS.
70. REF A, NOTE 42: AFTER AGREEING AND RENEGING ON
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PAGE 02 ZAGREB 02863 08 OF 08 311904Z
AN IMPROVED WAGE PACKAGE THE GOVERNMENT FINALLY
AGREED TO STAND BY ITS ORIGINAL MINIMUM WAGE OFFER.
NEITZKE
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NNNN
SIPDIS
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
REF: (A) 92 STATE 408075; (B) 92 ZAGREB 2463
1. LIMITED OFFICIAL USE -- ENTIRE TEXT.
--------------
GENERAL COMMENTS ON DEPARTMENT'S RE-DRAFT
--------------
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PAGE 02 ZAGREB 02863 01 OF 08 311857Z
2. REF A'S RE-DRAFT OF THE CROATIA HUMAN RIGHTS
REPORT CONSTITUTES, IN OUR VIEW, A MAJOR AND AS YET
UNSUBSTANTIATED REORIENTATION OF THE DRAFT REPORT WE
SUBMITTED IN REF B.
3. IN LIGHT OF ALL THAT HAS HAPPENED IN CROATIA IN
1992, IT MIGHT BE POSSIBLE BY PICKING AND CHOOSING TO
"DOCUMENT" VIRTUALLY ANY CASE ONE WERE INCLINED TO
MAKE REGARDING THE HUMAN RIGHTS PERFORMANCE OF THE
CROATIAN GOVERNMENT. OVERALL BALANCE WILL BE CRITICAL
TO THE CREDIBILITY OF THIS YEAR'S REPORT. IN OUR
DRAFT WE SOUGHT CAREFULLY TO STRIKE A BALANCE WHICH
ACCURATELY REFLECTS THE HUMAN RIGHTS SITUATION IN
THIS COUNTRY OVER THE PAST YEAR.
4. IN PARAGRAPH 11 OF REF A WE ARE ADVISED TO MAKE A
"SPECIAL EFFORT" TO DOCUMENT HUMAN RIGHTS ABUSES BY
THE CROATS -- OTHERWISE THE STRONG U.S. INDICTMENT OF
SERBIAN ABUSES IN SERBIA AND BOSNIA-HERCEGOVINA WILL
SEEM LESS CREDIBLE. IT IS POSSIBLE THAT WE
MISUNDERSTAND THE INTENT OF THIS REQUEST, BUT, FOR
THE RECORD, WE WOULD BE EXTREMELY UNCOMFORTABLE
TAKING SUCH A CALCULATED APPROACH TO DESCRIBING
CROATIA'S HUMAN RIGHTS PERFORMANCE. MORE PLAINLY
PUT, WE DON'T THINK CROATIA'S AND SERBIA'S 1992 HUMAN
RIGHTS REPORTS SHOULD BE DRAFTED OR CONSIDERED "IN
TANDEM."
5. THIS FORMERLY EVACUATED MISSION HAD ALMOST NO
FILES FROM THE FIRST HALF OF 1992 AND EXPERIENCED AN
ALMOST TOTAL CHANGEOVER OF PERSONNEL LAST SUMMER.
YET WE FULLY ACKNOWLEDGED, AND WE INCLUDED IN OUR
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PAGE 03 ZAGREB 02863 01 OF 08 311857Z
DRAFT, SERIOUS HUMAN RIGHTS SHORTCOMINGS AND EVEN
ALLEGATIONS OF HUMAN RIGHTS VIOLATIONS, IN TERRITORY
CONTROLLED BY THE CROATIAN GOVERNMENT IN 1992. IF
THE DEPARTMENT IS ABLE TO AUGMENT WHAT WE INCLUDED IN
OUR DRAFT WITH HARD EVIDENCE WHICH CASTS CROATIA'S
HUMAN RIGHTS PERFORMANCE IN A DIFFERENT LIGHT, THIS
SHOULD OBVIOUSLY BE DONE. BUT WE WOULD LIKE TO STICK
WITH THE FACTS AND KEEP OUR FOCUS ON CROATIA.
6. MANY OBSERVERS OF THE CROATIAN SCENE, INCLUDING
HARSH CRITICS OF THE GOVERNMENT, WOULD TEND TO
DISMISS A GRATUITOUSLY SEVERE REPORT AS MERELY
REFLECTING A DEEP-SEEDED STATE DEPARTMENT BIAS
AGAINST CROATS. WE HERE DO WHAT WE CAN TO CORRECT
THIS UNFORTUNATE MISPERCEPTION. BUT A HUMAN RIGHTS
REPORT OF REF A'S ORIENTATION RUNS THE RISK OF BEING
REJECTED OUT OF HAND. THIS IS NOT/NOT AN ARGUMENT
FOR NOT TAKING A TOUGH, OBJECTIVE VIEW OF THIS
VERY-IMPERFECT GOVERNMENT'S HUMAN RIGHTS PERFORMANCE,
BUT WE SHOULD LIMIT OURSELVES TO THAT.
END GENERAL COMMENTS ON REF B RE-DRAFT.
7. N.B. ALL PARAGRAPH REFERENCES BELOW ARE TO
REF A. THROUGHOUT, FOR SUGGESTED INSERTIONS OR
CHANGES, WE USE DOUBLE SLASHES (//) TO SET OFF TEXT
FOR INCLUSION OR SUBSTITUTION.
8. PARA 5, SENTENCE ONE. THIS CONSTRUCTION IS NOT
ACCURATE. WE SUGGEST SUBSTITUTING //CROATIA, WHOSE
TERRITORY FORMERLY CONSTITUTED ONE OF THE CONSTITUENT
REPUBLICS OF THE SOCIALIST FEDERAL REPUBLIC OF
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PAGE 04 ZAGREB 02863 01 OF 08 311857Z
YUGOSLAVIA, DECLARED ITS INDEPENDENCE ON JUNE 25,
1991.//
9. PARA 5, SENTENCE TWO, COMMENT: IT IS TENDENTIOUS
IN THE EXTREME TO STATE THAT CROATIA'S DECLARATION OF
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ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0CF8 311859Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3234
LIMITED OFFICIAL USE SECTION 02 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
INDEPENDENCE IS WHAT "PRECIPITATED A CIVIL WAR." WE
SUGGEST SUBSTITUTING THE ACCURATE LANGUAGE OF 92
BELGRADE 3998 //BLOCKED BY SERBIA IN ITS ATTEMPT TO
RESTRUCTURE YUGOSLAVIA AS A LOOSE FEDERATION, THE
REPUBLIC OF CROATIA DECLARED ITS INDEPENDENCE ON JUNE
25, 1991, AND SOUGHT INTERNATIONAL RECOGNITION.//
AND THEN IMMEDIATELY ADD //THAT ACTION WAS SEIZED
UPON BY THE AUTHORITIES IN BELGRADE TO UNLEASH THE
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PAGE 02 ZAGREB 02863 02 OF 08 311858Z
OVERWHELMINGLY SERBIAN-LED YUGOSLAV NATIONAL ARMY
(JNA) AGAINST CROATIAN TOWNS AND CITIES IN ORDER TO
DESTROY THE FLEDGLING CROATIAN STATE OR LEAVE IT
CRIPPLED INDEFINITELY. THEY ESTABLISHED CONTROL OVER
A NUMBER OF AREAS WHERE CROATS OF SERBIAN NATIONALITY
WERE PREDOMINANT AS WELL AS OVER AREAS WHERE SERBS
HAD BEEN IN A MINORITY. THE JNA WAS ASSISTED IN THIS
EFFORT BY PARAMILITARY FORCES WHO INVADED FROM SERBIA
AND FROM MONTENEGRO AND BY LOCAL SERBIAN IRREGULARS.
THESE UNITS WERE OFTEN ORGANIZED AND LED BY REGULAR
JNA OFFICERS OR THEIR SURROGATES AND ALL WERE
DIRECTLY SUPPLIED WITH WEAPONS AND AMMUNITION BY THE
JNA.//
10. REF A, NOTE ONE: CROATIA DID NOT ISSUE A FORMAL
DECLARATION OF WAR. RESTRICTIONS/EMERGENCY POWERS
INCLUDED LARGELY CURFEWS, BLACKOUTS, AND SIMILAR
CIVIL DEFENSE MEASURES. MOST OF THESE, INSTITUTED
INFORMALLY OR AT LOCAL LEVELS, HAVE LONG SINCE CEASED
IN AREAS NOT STILL UNDER BOMBARDMENT FROM SERBIAN
FORCES IN BOSNIA. FOR EXAMPLE, THE CURFEW IN
DUBROVNIK WAS LIFTED BEFORE CHRISTMAS AND WILL NOT BE
REINSTATED.
11. PARA 6, SENTENCE TWO: THIS IS INACCURATE. THE
AREAS OVER WHICH CROATIAN AUTHORITY IS TO BE
REESTABLISHED UNDER THE VANCE PLAN WERE NOT AND STILL
ARE NOT SOLELY "SERB-INHABITED." SECTOR WEST IS NOT
EVEN LARGELY SERBIAN-CONTROLLED. NOR ARE SERBS THE
ONLY MINORITY IN THE UNPAS. WE SUGGEST SUBSTITUTING
//THE VANCE PLAN WAS TO PROVIDE FOR NORMALIZING THE
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PAGE 03 ZAGREB 02863 02 OF 08 311858Z
OCCUPIED AREAS THROUGH DEMILITARIZATION, THE RETURN
OF DISPLACED PERSONS, AND THE REESTABLISHMENT OF
CROATIAN GOVERNMENT AUTHORITY, WITH ASSURANCES FOR
MINORITY POPULATIONS.//
12. REF A, NOTE TWO: WITHDRAWAL OF JNA UNITS WAS
SUPPOSEDLY COMPLETED IN THE SPRING AND SUMMER.
HOWEVER, MANY OF THESE SOLDIERS IN JNA UNITS STAYED
ON I SERBIAN-OCCUPIED PARTS OF CROATIA (WHAT BECAME
THE UNPAS) AND "CONVERTED" TO THE SO-CALLED "POLICE
FORCE" OR "SPECIAL POLICE." IN ADDITION, JNA UNITS
CONTINUED TO OCCUPY THE PREVLAKA PENINSULA AND REGION
AROUND DUBROVNIK LONG AFTER THEY HAD AGREED WITH UN
NEGOTIATORS TO DEPART. THE LAST JNA UNITS LEFT ONLY
IN THE FIRST WEEK OF NOVEMBER.
13. PARA 6, LAST SENTENCE: THIS IS THE FIRST
REFERENCE OF MANY IN REF A TO THE "RSK," AN ENTITY
WHICH NO COUNTRY RECOGNIZES. IT IS NOT AN
APPELLATION USED BY ANYONE IN CROATIA OUTSIDE OF THE
UNPAS, INCLUDING CROATIAN SERBS. IT HAS NO LEGAL
STANDING AND NO GOVERNMENTAL STRUCTURES WORTHY OF THE
NAME. ITS SO-CALLED OFFICIALS ARE IN MANY CASES
PERSONALLY PERSECUTING NOT ONLY CROATS AND HUNGARIANS
AND OTHER MINORITIES BUT ALSO MODERATE SERBS AS
WELL. THROUGHOUT THIS REPORT, "RSK" SHOULD BE
REPLACED WITH, AS APPROPRIATE, "THE UNITED NATIONS
PROTECTED AREAS," "THE UNPAS," OR, WHERE NECESSARY,
"THE UNPA SERBS."
14. REF A, NOTE 3: THIS OFFICE OPERATES ALMOST
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PAGE 04 ZAGREB 02863 02 OF 08 311858Z
COMPLETELY SECRETLY. THERE HAVE BEEN ALLEGATIONS,
WHICH WE CANNOT SUBSTANTIATE, THAT PERSONS UNDER THIS
OFFICE, HAVE BEEN IMPLICATED IN HUMAN RIGHTS ABUSES
AGAINST CROATIANS OF SERBIAN NATIONALITY. READERS
INFORMED ABOUT CROATIA WILL DRAW THE CORRECT
LIMITED OFFICIAL USE
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PAGE 01 ZAGREB 02863 03 OF 08 311859Z
ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0D0C 311900Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3235
LIMITED OFFICIAL USE SECTION 03 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
INFERENCE FROM OUR MERE MENTION OF THE OFFICE, AS WE
DID IN REF B.
15. PARA 8, LAST TWO LINES: WE SUGGEST SUBSTITUTING
//AND "BORDER POLICE," ARE DIRECTLY INVOLVED IN A
CONTINUING PATTERN OF MAJOR HUMAN RIGHTS ABUSES
AGAINST NON-SERBIAN POPULATIONS AND AGAINST MODERATE
SERBS.//
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PAGE 02 ZAGREB 02863 03 OF 08 311859Z
16. PARA 9, LINE 4: DELETE// "CIVIL."//
17. REF A, NOTE 4: OVER 400,000 IS AN ACCEPTED
FIGURE FOR THE TOTAL NUMBER OF CROATIAN CITIZENS
DISPLACED.
18. PARA 10: REPLACE WITH //IN PRACTICE THERE HAVE
BEEN NUMEROUS SUBSTANTIATED REPORTS OF POLITICAL AND
OTHER EXTRAJUDICIAL KILLINGS IN VARIOUS PARTS OF
CROATIA IN 1992. A CRITICAL DISTINCTION MUST BE MADE
BETWEEN SUCH CRIMES COMMITTED ON CROATIAN GOVERNMENT
CONTROLLED TERRITORY, COMPARATIVELY FEW IN NUMBER,
AND DOCUMENTED KILLINGS IN AREAS UNDER LOCAL SERBIAN
CONTROL, WHICH WERE FAR MORE NUMEROUS AND OFTEN
INVOLVED DIRECT COMPLICITY OF LOCAL SERBIAN
AUTHORITIES. THE HIGHEST LEVELS OF THE GOVERNMENT OF
CROATIA HAVE PLEDGED THAT ALL CRIMES AGAINST CITIZEN
WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
WITHIN MOST PARTS OF THE UNPAS, THE SITUATION IS
INCOMPARABLY WORSE. IN THE AREAS UNDER THE CONTROL
OF THE SO-CALLED KNIN GOVERNMENT, MURDERS OCCUR
REGULARLY AND NO PERPETRATORS HAVE BEEN BROUGHT TO
JUSTICE. IN SECTOR EAST, FOR EXAMPLE, A SERBIAN
EXTREMIST WAS IDENTIFIED AS THE GUNMAN IN THREE
SEPARATE MURDERS COMMITTED IN THE SUMMER OF 1992. HE
WAS DETAINED AND RELEASED TWICE BY THE ETHNIC SERBIAN
"AUTHORITIES" AND THEN ALLOWED TO CROSS OVER INTO
SERBIA AFTER HIS THIRD ARREST.//
19. REF A, NOTE 5: SEE NEXT PARA FOR SUGGESTED
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PAGE 03 ZAGREB 02863 03 OF 08 311859Z
EXAMPLE.
20. REF A, NOTE 6: ADD //ON NOVEMBER 27, SENIOR
MINISTRY OF INTERIOR OFFICIALS ANNOUNCED THE ARREST
OF FOUR POLICEMEN FROM PODRAVSKA SLATINA AND VOCIN ON
SUSPICION OF THE THE MURDER OF A 62-YEAR OLD CROATIAN
CITIZEN OF SERBIAN NATIONALITY.//
21. PARA 13: DELETE "RSK" AND REPLACE WITH //SERBIAN
EXTREMISTS//.
22. REF A, NOTE 7: COMMENT: UNPROFOR CIVIL POLICE
AND UNPA SECTOR OFFICIALS (PROTECT) WERE THE SOURCES
FOR MANY DETAILS. IN ADDITION, SENIOR UNPROFOR
OFFICIALS HAVE GONE ON THE RECORD DETAILING THE STATE
OF LAWLESSNESS IN THE SERBIAN-CONTROLLED PARTS OF THE
UNPAS.
23. REF A, NOTE 8: ADD//THERE HAVE BEEN VIRTUALLY NO
REPORTS IN 1992 OF THE DISAPPEARANCE OF PERSONS FROM
AREAS UNDER CROATIAN CONTROL. PEOPLE HAVE BEEN
FORCED TO LEAVE CROATIAN-CONTROLLED AREAS BUT THEIR
WHEREABOUTS HAVE TENDED TO BE KNOWN. FOR EXAMPLE,
DURING AND IN THE IMMEDIATE WAKE OF LAST YEAR'S WAR,
SOME 85,000 CROATIANS OF SERBIAN NATIONALITY
REPORTEDLY WENT TO SERBIA AND OTHERS TO
SERBIAN-CONTROLLED PARTS OF THE UNPAS.//
24. REF A NOTE 9: ADD TO END OF LINE 5 //THREATS OF
BODILY HARM OR DEPRIVATION OF LIBERTY AND PERSONAL
INVECTIVES WERE SOMETIMES USED TO ENFORCE COMPLIANCE
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WITH ORDERS AND INSTRUCTIONS.//
25. REF A, NOTE 10: SUBSTITUTE LAST SENTENCE OF PARA
17 WITH // THE GOVERNMENT REPLACED AND FIRED SOME
POLICE OFFICIALS WHO DID NOT TAKE SUFFICIENTLY
VIGOROUS STEPS TO PREVENT BEATINGS AND VERBAL ABUSE
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ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0D22 311901Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3236
LIMITED OFFICIAL USE SECTION 04 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
OF DETAINEES.// COMMENT: LOSING A GOVERNMENT JOB IS
SERIOUS IN THIS TIME OF HIGH UNEMPLOYMENT.
26. REF A, NOTE 11: THE SOURCE WHO DESCRIBED THE
ACTIONS OF THE SO-CALLED MAYOR OF DALJ SAID THAT HE
BEAT PEOPLE WHOM HE ACCOSTED IN THE STREETS AND
PHYSICALLY ABUSED OTHERS WHOM HE WAS TRYING TO THROW
OUT OF THEIR HOMES. Q-2: THE CROATS CLAIM THAT
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PAGE 02 ZAGREB 02863 04 OF 08 311901Z
VIRTUALLY ALL THE SERBIAN POWS THEY HELD HAVE BEEN
TRADED BACK TO SERBIA FOR CROATIAN POWS EARLIER THIS
YEAR. CONDITIONS IN THE CROATIAN POW CAMPS HAD NOT
BEEN MADE AN ISSUE BY LOCAL OR INTERNATIONAL RIGHTS
GROUPS.
27. REF A, NOTE 12: JUDICIAL AND/OR PROSECUTORIAL
ARREST WARRANTS ARE USED. TIME LIMITS FOR FORMAL
INDICTMENTS VARY DEPENDING ON THE KIND AND
SERIOUSNESS OF THE CHARGES AND MAY RANGE FROM DAYS TO
MONTHS. CONSTITUTIONAL SAFEGUARDS ARE REPORTED TO BE
OBSERVED AND LEGAL DETAILS HAVE NOT BEEN THE SUBJECT
OF GENERAL CRITICISM.
28. REF A, NOTE 13: OUR VERY LIMITED FILES CONTAIN
NO BACKGROUND INFORMATION ON THE ITEMS SPECIFIED IN
THE 1991 REPORT WHICH WAS COMPILED IN BELGRADE.
29. PARA 21: DELETE //AND "RSK" OFFICIALS//.
30. RE PARA 22: DELETE OLD PARA AND ADD // THE
DELIBERATE EXPULSION OF INDIVIDUALS FROM THEIR HOMES
BASED ON THEIR NATIONALITY, WAS A SERIOUS PROBLEM IN
1992. MOST OF THE EXCESSES OF THIS NATURE COMMITTED
BY CROATIAN EXTREMISTS OCCURRED IN 1991 WITH SOME
RESIDUAL REVENGE TAKING OCCURRING IN 1992 ALONG THE
CEASEFIRE LINES. IT IS THE OFFICIAL PRACTICE OF
SERBIAN AUTHORITIES IN THE UNPAS TO DRIVE OUT OR
ELIMINATE NON-SERBIAN INDIVIDUALS IN THE AREAS UNDER
THEIR CONTROL. SUCH ATROCITIES AGAINST NON-SERBS
ESPECIALLY IN SECTOR EAST AND SOUTH RAN INTO THE
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THOUSANDS.//
31. REF A, PARA 23: START LINE ONE WITH //THE
CROATIAN LEGAL SYSTEM CONSISTS OF//. THIS AVOIDS ONE
USE OF "COURT" IN THAT SENTENCE.
32. REF A, NOTE 14: COMMENT: DEFENDANTS IN MILITARY
COURTS HAVE THE SAME RIGHTS AND PRIVILEGES AS
DEFENDANTS IN CIVIL COURTS. THE CROATS HAVE BEEN
CRACKING DOWN ON LAWLESS ELEMENTS, INCLUDING BOTH
DEMOBILIZED SOLDIERS WHO HAD TURNED TO CRIMINAL
ACTIVITIES AND SERBIAN FIFTH COLUMNISTS AND
COLLABORATORS. THE IN ABSENTIA INDICTMENTS INVOLVE
MOSTLY SERBS WHO ASSISTED THE JNA IN LAST YEAR'S
ATTACKS AND/OR WHO WERE ACTIVE IN SERBIAN
PARAMILITARY GANGS.
33. REF A, NOTE 15: AN ATTORNEY IS PROVIDED TO
INDIGENT DEFENDANTS.
34. REF A, NOTE 16: THESE CASES ARE INACTIVE OR
FORMAL INDICTMENTS WERE NOT PURSUED.
35. REF A, NOTE 17: INTERNATIONAL LEGAL EXPERTS WHO
QUERIED SERBIAN AUTHORITIES REGARDING THEIR SO-CALLED
LEGAL SYSTEM FOUND THE ANSWERS EVASIVE, INACCURATE,
AND MENDACIOUS. A SECOND RELIABLE SOURCE SAID THE
LEGAL SYSTEM IN THE SERBIAN-CONTROLLED PARTS OF THE
UNPAS DOES NOT EXIST. SO-CALLED "JUDGES" CARRY OUT
EXTREMIST POLICIES DIRECTLY AGAINST NON-SERBIAN
MINORITIES. EMBOFF WAS PRESENT AT THESE
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DISCUSSIONS.
36. REF A, NOTE 18: POLICE ARE MAKING A CONCERTED
EFFORT TO SEIZE SOME OF THE INCREASING QUANTITIES OF
EXPLOSIVES AND AUTOMATIC WEAPONS THAT ARE LOOSE IN
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PAGE 01 ZAGREB 02863 05 OF 08 311902Z
ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0D31 311902Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3237
LIMITED OFFICIAL USE SECTION 05 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
THE SOCIETY. SOME PEOPLE HAVE COMPLAINED THAT MORE
HOMES AND PREMISES ARE BEING SEARCHED THAN IS
NECESSARY. IT'S A JUDGMENT CALL.
37. REF A, LINE 30: DELETE REFERENCE TO "RSK" AND
SUBSTITUTE //UNPA SERBIAN OFFICIALS//.
38. REF A, NOTE 19: EMBASSY ZAGREB REPORTING AND THE
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PAGE 02 ZAGREB 02863 05 OF 08 311902Z
INTERNATIONAL NEWS MEDIA HAVE DETAILED THE SPECIFIC
ACTIVITIES OF SERBIAN EXTREMISTS IN THE UNPAS. IN
SECTOR EAST, SERBIAN PARAMILITARIES, INCLUDING THUGS
FROM SERBIA WHO WORK FOR THE TERRORIST ARKAN, FORCE
THEIR WAY INTO HOUSES FOR THE PURPOSE OF TAKING A
"CENSUS" OF PEOPLE AND BELONGINGS. NON-SERBS,
INCLUDING HUNGARIANS AND SLOVAKS, ARE THEN PRESSURED
BY PHYSICAL INTIMIDATION TO SIGN OVER THEIR PROPERTY
AND LEAVE. IN ISOLATED HOMESTEADS, GUNMEN WALK
THROUGH THE TARGETED FARMYARDS SHOOTING AT WINDOWS
AND PEOPLE IN THE HOUSES. CREDIBLE REPORTS FROM
INTERNATIONAL OBSERVERS HAVE DOCUMENTED FORCIBLE
ENTRY INTO HOMES AND THEN THE MURDER OR ASSAULT OF
THE OCCUPANTS, MOSTLY OLD WOMEN AND MEN. MURDERS OF
MOSTLY ELDERLY CROATS TAKE PLACE IN SECTOR SOUTH ON
AN ALMOST WEEKLY BASIS.
39. REF A, NOTE 20: THE CULPRITS, WHO STRUCK AT
NIGHT, HAVE NOT BEEN CONCLUSIVELY IDENTIFIED. IT IS
BELIEVED THAT CROATS, PROBABLY DISPLACED FROM BARANJA
AND SLAVONIA, MOTIVATED BY REVENGE, WERE
RESPONSIBLE.
40. REF A, PARA 35: REPLACE "ETHNIC CLEANSING" WITH
//FORCED RESETTLEMENT//. THE TERM ETHNIC CLEANSING
SHOULD BE RESERVED FOR THE SPECIFIC PATTERN OF
TERRORIST CLEARING ACTIONS OF BOSNIAN SERBS.
41. REF A, NOTE 21: GO AHEAD AND USE THE EC REPORT
THAT YOU HAVE IF YOU ARE SATISFIED WITH ITS
SPECIFICITY AND ACCURACY. WE HAVEN'T GOT A COPY.
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PAGE 03 ZAGREB 02863 05 OF 08 311902Z
YOU MAY WISH TO ENSURE THAT THE TERM "SOLDIERS"
REALLY MEANT THE CROATIAN ARMY (HV),RATHER THAN
CRIMINALS AND EXTORTIONISTS DRESSED IN KHAKI. WE ARE
AWARE OF NO SUCH CROATIAN GOVERNMENT ACTIONS AGAINST
GROUPS OF VILLAGES.
42. REF A, NOTE 22: NEW START FOR PARA 38 //IN THE
EARLY MONTHS OF ATTACKS IN 1991 BY THE JNA AND
SERBIAN PARAMILITARIES, CROATIAN VILLAGES AND
CROATIAN SECTIONS OF TOWNS SUCH AS LIPIK, NUSTAR, AND
VINKOVCI WERE DESTROYED IN AN EFFORT TO FORCE CROATS
TO FLEE.//
43. REF A, NOTE 23: ADD//THE FORMERLY LARGELY
CROATIAN VILLAGES OF ERDUT AND ILOK IN SECTOR EAST
HAVE BEEN STRIPPED OF THEIR NON-SERBIAN POPULATIONS
WITH SLOVAKS, CROATS, AND HUNGARIANS FORCED TO
EMIGRATE IN FEAR OF THEIR LIVES. NO SECTOR-BY-SECTOR
BREAKDOWN IS AVAILABLE. 400,000 WAS CITED IN OUR
INTRODUCTION.//
44. REF A, PARA 41: DELETE THE "RSK" AND REPLACE
WITH //SERBIAN EXTREMISTS//.
45. REF A, NOTE 24: WE DO NOT SEE HOW A STATEMENT OF
REPORTED HVO DEPLOYMENTS IS RELEVANT. FOR THE RECORD
THERE ARE CONFLICTING REPORTS OF THE EXTENT TO WHICH
HVO FORCES MAY BE DEPLOYED IN B-H, RANGING FROM THE
CROATIAN GOVERNMENT POSITION THAT NO UNITS ARE
DEPLOYED TO ALLEGATIONS THAT AT TIMES MANY THOUSANDS
OF SUCH TROOPS HAVE BEEN PRESENT IN BOSNIA. DELETE
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PAGE 04 ZAGREB 02863 05 OF 08 311902Z
REF TO B-H REPORT. EACH REPORT SHOULD STAND ON ITS
OWN.
46. RE PARAS 42-52: PLEASE RETAIN FROM DRAFT B. WE
STRONGLY BELIEVE THAT THE REF B TEXT IS ACCURATE AND
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PAGE 01 ZAGREB 02863 06 OF 08 311903Z
ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 OASY-00 DODE-00 EB-01
HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04 L-03
ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01 P-01
SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00 RPE-00
/063W
-------------- 8C0D44 311904Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3238
LIMITED OFFICIAL USE SECTION 06 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 ROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
PROPERLY NUANCED.
47. REF A, NOTE 26: AUTHORITY FOR FREQUENCY
ASSIGNMENT IS REPORTEDLY DIVIDED BETWEEN NATIONAL AND
LOCAL AUTHORITIES. THE MUNICIPAL AND LOCAL
GOVERNMENT STRUCTURE IS NOW BEING RE-ORGANIZED AND A
BILL ON THE NEW PARISHES WAS PASSED ONLY AT THIS
WEEK'S SABOR SESSION. CROATIA HAS NO CRISPLY
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PAGE 02 ZAGREB 02863 06 OF 08 311903Z
FUNCTIONING FCC-LIKE AGENCY. GOVERNMENT OFFICIALS
WHO DISCUSSED THIS QUESTION RAISED THE MATTER OF
ECONOMIC VIABILITY, SPECIFICALLY WHETHER OR NOT THERE
WAS A SUFFICIENT ADVERTISING BASE TO MAKE ECONOMIC
SENSE FOR MULTIPLE NEW STATIONS. THE GOVERNMENT IS
PROBABLY NOT SURE WHAT KIND OF COMMUNICATIONS POLICY
IT WANTS AND WHAT MAKES ECONOMIC AND SOCIAL GOOD
SENSE. FOR THESE AND PROBABLY OTHER REASONS, THERE
IS LITTLE INCENTIVE TO MOVE FAST, AND SO FAR, LITTLE
PUBLIC PRESSURE OR EVIDENCE OF CONCERN.
48. PARA 50: DELETE "RSK" AND REPLACE WITH
//SERBIAN-CONTROLLED UNPA AREAS//.
49. REF A, NOTE 27: ADD //THIS RIGHT IS ENJOYED BY
OTHER NATIONALITIES IN CROATIA, INCLUDING CROATIANS
OF SERBIAN AND MUSLIM NATIONALITY. HOWEVER, IN
SERBIAN-CONTROLLED UNPAS IN CROATIA THESE RIGHTS ARE
NOT RESPECTED OR ENJOYED.//
50. REF A, NOTE 28: THERE ARE TWO MOSQUES IN
CROATIA, AND SOME HALF DOZEN OR SO ISLAMIC COMMUNITY
CENTERS WHICH SERVE AS LOCATIONS FOR PRAYER AND
WORSHIP. OF THESE, THE ONE IN DUBROVNIK WAS
DESTROYED BY SERBIAN SHELLING AND ANOTHER IN OSIJEK
WAS DAMAGED, ALSO BY SERBIAN ARTILLERY.
51. REF A, PARA 55: REPLACE LAST SENTENCE WITH //AN
ORTHODOX CHURCH IN VARAZDIN WAS BOMBED AND SLIGHTLY
DAMAGED BY A DISGRUNTLED CROATIAN REFUGEE WHO WAS
ARRESTED AND WILL BE TRIED FOR THE CRIME.//
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PAGE 03 ZAGREB 02863 06 OF 08 311903Z
52. PARA 56: REPLACE WITH //THE JEWISH COMMUNITY
CENTER IN ZAGREB SERVES AS A HOUSE OF WORSHIP FOR
BELIEVERS AND THERE IS A SERBIAN ORTHODOX CATHEDRAL
IN DOWNTOWN ZAGREB. ONE OF CROATIA'S TWO MAJOR
MOSQUES IS ALSO LOCATED IN ZAGREB. THE JEWISH CENTER
WAS REBUILT WITH GOVERNMENT FINANCIAL ASSISTANCE IN
1992 AFTER A BOMBING LAST YEAR. THE SERBIAN
CATHEDRAL HAS REMAINED UNDAMAGED THROUGHOUT THE WAR.
THE MOSQUE SERVES NOT ONLY A RELIGIOUS FUNCTION BUT
ALSO HAS BEEN THE TEMPORARY RESIDENCE FOR HUNDREDS OF
BOSNIAN REFUGEES.// JUSTIFICATION: PARA AS IN REF A
SUGGESTS THAT FUNCTIONING/NONFUNCTIONING
CHARACTERISTIC IS AN INDICATOR OF FREEDOM OF RELIGION
RATHER THAN AN INDICATOR OF SOCIAL DISLOCATION
PRODUCED BY THE WAR.
53. REF A, NOTE 29: ADD //THERE IS VIRTUALLY NO
FREEDOM OF RELIGION FOR NON-ORTHODOX BELIEVERS IN
SERBIAN-CONTROLLED AREAS OF THE UNPAS.//
54. REF A, NOTE 30: THE GOVERNMENT AND INTERNATIONAL
ORGANIZATIONS USUALLY CITE THE FIGURE OF "MORE THAN
1/4TH OCCUPIED."
55. REF A, PARA 59, LINE 6: REPLACE WITH //NO CROATS
OR MUSLIMS WERE ABLE TO RETURN TO THEIR HOMES IN
SERBIAN-CONTROLLED PARTS OF THE UNPAS. A NUMBER OF
SERBIAN FAMILIES DID RETURN TO THE
CROATIAN-CONTROLLED PART OF SECTOR WEST AND TO THE
AREA AROUND OSIJEK (CLOSE TO UNPA SECTOR EAST).//
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56. REF A, NOTE 31: CLARIFICATION: THERE ARE POLICE
CHECKPOINTS THROUGHOUT FREE CROATIA BUT MOST ARE
DIRECTED AT ENFORCEMENT OF TRAFFIC AND VEHICLE
REGISTRATION MATTERS. AT SELECTED POINTS ALONG THE
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PAGE 01 ZAGREB 02863 07 OF 08 311904Z
ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0D50 311905Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3239
LIMITED OFFICIAL USE SECTION 07 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
FRONT LINES, SUCH AS KARLOVAC AND NEAR THE SECTORS,
POLICE CHECKPOINTS ARE DESIGNED TO CATCH SHIPMENTS OF
ILLEGAL ARMS AND EXPLOSIVES, SERBIAN INFILTRATORS AND
AGENTS, AND SMUGGLERS. PROMINENT AND NOT SO
PROMINENT CROATIANS OF SERBIAN NATIONALITY TRAVEL
FREELY AROUND THE COUNTRY AND ABROAD, INCLUDING TO
SERBIA FOR MEETINGS WITH BELGRADE OFFICIALS, WITHOUT
RESTRICTION.
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PAGE 02 ZAGREB 02863 07 OF 08 311904Z
57. REF A, NOTE 32: IT IS UNWISE FOR NON-SERBIAN
CROATS TO TRAVEL IN SERBIAN-CONTROLLED PORTIONS OF
THE UNPAS. EVERYONE TRAVELLING IN THE
CROATIAN-CONTROLLED PORTION OF SECTOR WEST NEEDS
PROPER IDENTIFICATION AND PAPERS. FOREIGNERS AND
MEMBERS OF INTERNATIONAL ORGANIZATIONS HAVE NO
PROBLEMS TRAVELLING IN FREE CROATIA BUT SHOULD
EXERCISE CAUTION IN NON-FREE UNPA AREAS.
58. REF A, NOTE 33: IN THE EYES OF THE BOSNIAN
GOVERNMENT THESE INDIVIDUALS WERE DRAFT-AGE MALES
LIABLE FOR MILITARY SERVICE WHO WERE EVADING SUCH
SERVICE. WE ARE NOT AWARE THAT THOSE WHO WERE
RETURNED HAD EVER BEEN ACCORDED REFUGEE STATUS.
59. REF A, PARA 62 LINE ONE: ADD //CROATS HAVE
HAD//. A FIRST REFERENCE TO "CDU" SHOULD BE SPELLED
OUT AS "CROATIAN DEMOCRATIC UNION."
60. PARA 63: OUR ORIGINAL LANGUAGE IS MORE
ACCURATE. ONLY A VERY FEW WESTERN OBSERVERS CALLED
THE ELECTIONS SERIOUSLY FLAWED. WE ARE AWARE OF NO
SUBSTANTIATED ALLEGATIONS OF INTIMIDATION OF VOTERS
AND MEDIA ACCESS IN THE CAMPAIGN WAS GENERALLY
CONSIDERED FAIR.
61. REF A, NOTE 34: IT IS HIGHLY UNLIKELY THAT ANY
OF THE SHORTCOMINGS ALLEGED CHANGED THE RESULTS. THE
HDZ IS WELL-ORGANIZED AND RAN AN EFFECTIVE CAMPAIGN.
THE OPPOSITION WAS FRAGMENTED AND DID A MUCH LESS
EFFECTIVE JOB IN GETTING ITS MESSAGE ACROSS.
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PAGE 03 ZAGREB 02863 07 OF 08 311904Z
62. REF A, PARA 65: DELETE "RSK" AND REPLACE WITH
//SERBIAN-CONTROLLED PARTS OF THE UNPAS//.
63. REF A, NOTE 35: THE THIRTEEN SERBS WERE
DESIGNATED AND NOW SIT IN PARLIAMENT. CROATIA HAS
ITS OWN ELECTION LAWS AND IS PRESENTLY COMPLETING
LAWS ABOUT ELECTING THE HOUSE OF PARISHES.
64. REF A, NOTE 36: HELSINKI WATCH CONTACTS TOLD US
THAT THEY HAVE HAD VERY GOOD ACCESS THROUGHOUT 1992,
AND IN 1991 AS WELL.
65. REF A, NOTE 37: MUSLIMS AND THE OTHER
NATIONALITIES IN CROATIA HAVE NOT BEEN MAJOR TARGETS
OF DISCRIMINATION. THERE HAVE BEEN NONE OF THE
FRENCH- OR GERMAN-STYLE ANTI-FOREIGN RIOTS, STONINGS,
OR MOB SCENES. MAZOWIECKI BASED HIS CRITIQUE LARGELY
ON NUMBERS, I.E., THAT MORE SERBS THAN CROATS HAD NOT
YET ACQUIRED CITIZENSHIP. THEREFORE, THEY ARE
DISCRIMINATED AGAINST.
66. REF A, NOTE 38: THE STATEMENT WAS BASED ON
DISCUSSIONS WITH WOMEN IN CROATIA, PRESS ARTICLES OF
CRIMINAL AND COURT ACTIVITIES, AND RESPONSES OF
VISITING INTERNATIONAL EXPERTS.
67. REF A, NOTE 39: AN INCREASE IN REPORTING OF
ABUSE MAY BE DUE TO A COMBINATION OF FACTORS SUCH AS
INCREASED SENSITIVITY TO WOMEN'S RIGHTS ISSUES.
68. REF A, NOTE 40: CERTAIN CLERICAL STAFF HAVE A
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PAGE 04 ZAGREB 02863 07 OF 08 311904Z
RIGHT TO STRIKE BUT "ESSENTIAL SERVICES" PERSONNEL
MUST REMAIN ON DUTY. RETENTION OF POLICE PERSONNEL
ON DUTY IS AN ESPECIALLY SENSITIVE TOPIC. IN 1991,
VIRTUALLY ALL OF SERBS IN THE SERBIAN-DOMINATED
POLICE FORCES WENT OVER TO THE JNA IN THE WAR,
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PAGE 01 ZAGREB 02863 08 OF 08 311904Z
ACTION EUR-01
INFO LOG-00 AID-01 AMAD-01 CIAE-00 C-01 OASY-00 DODE-00
EB-01 HA-09 H-01 INRE-00 INR-01 IO-19 LAB-04
L-03 ADS-00 NSAE-00 NSCE-00 OIC-02 PA-01 PRS-01
P-01 SIL-00 SP-00 SR-00 STR-17 TRSE-00 USIE-00
RPE-00 /064W
-------------- 8C0D56 311905Z /38
O 311855Z DEC 92
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC IMMEDIATE 3240
LIMITED OFFICIAL USE SECTION 08 OF 08 ZAGREB 02863
PLEASE PASS ASAP TO S/IL, HA, AND EUR
E.O. 12356: DECL: OADR
TAGS: PHUM ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR ELAB KSPR HR BK
SUBJECT: 1992 CROATIA HUMAN RIGHTS REPORT -- EMBASSY
- COMMENTS ON DEPARTMENT'S RE-DRAFT
CONTRIBUTING DIRECTLY TO THE BREAKDOWN OF LAW AND
ORDER THAT CONTINUES TO BE A PROBLEM.
69. REF A, NOTE 41: MOST OF THE STRIKERS AGREED TO
ACCEPT AN IMPROVEMENT IN WAGES AND MODEST CHANGES IN
WORKING CONDITIONS.
70. REF A, NOTE 42: AFTER AGREEING AND RENEGING ON
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AN IMPROVED WAGE PACKAGE THE GOVERNMENT FINALLY
AGREED TO STAND BY ITS ORIGINAL MINIMUM WAGE OFFER.
NEITZKE
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