VISIT TO DETAINED SERBS YIELDS NO SOLID EVIDENCE OF ABUSE

CONFIDENTIAL SECTION 01 OF 03 ZAGREB 01908 SIPDIS JOINT STAFF WASHDC//J-5PMA/J21// SECDEF WASHDC//ISA/ISP// NSC WASHDC C O N F I D E N T I A L SECTION 01 OF 03 ZAGREB 001908 SIPDIS VIENNA ALSO FOR BOSNIA BRUSSELS ALSO FOR USEU USVIENNA ALSO FOR USDEL CSCE E.O. 12356: DECL: 5/10/96 TAGS: SUBJECT: VISIT TO DETAINED SERBS YIELDS NO SOLID EVIDENCE OF ABUSE REF: ZAGREB 1824 -------------- SUMMARY -------------- - ¶1. ON MAY 12, POLOFF VISITED THE GYMNASIUM BEING USED AS A MAKESHIFT DETENTION CENTER IN VARAZDIN WHERE OVER FIVE HUNDRED SERB MEN FROM SECTOR WEST HAD BEEN BROUGHT BY CROATIAN AUTHORITIES ON MAY 5 (AND WHICH WAS EMPTY BY MAY 16). THE VISIT WAS PROMPTED BY ALLEGATIONS OF PHYSICAL MISTREATMENT AND ABUSE WHICH HAD BEEN PICKED UP BY THE UN AND ICRC (REFTEL). POLOFF FOUND NO HARD EVIDENCE OF PHYSICAL MISTREATMENT, BUT THE ATTITUDES OF THE CROATIAN POLICE TOWARD SUSPECTED "WAR CRIMINALS" LED POLOFF TO BELIEVE THAT POLICE COULD HAVE BEEN OVERZEALOUS IN THEIR CONFIDENTIAL CONFIDENTIAL PAGE 03 ZAGREB 01908 01 OF 03 171640Z PURSUIT OF INFORMATION DURING INTERROGATIONS. END SUMMARY. -------------- -------------- TRIED TO PROCESS QUICKLY, BUT 139 STILL THERE AFTER 8 DAYS -------------- -------------- ¶2. THE LOCAL POLICE CHIEF TOLD POLOFF THAT, ON JUST A FEW HOURS NOTICE, 532 SERB MEN HAD BEEN BROUGHT TO VARAZDIN ON MAY 5. THE SAME DAY, ALL OF THE MEN OVER 55 AND UNDER 20 HAD BEEN RELEASED, NINETY-THREE IN TOTAL. THE POLICE THEN BEGAN TRYING TO ESTABLISH THE IDENTITIES OF THE REMAINING 439 DETAINEES THROUGH DOCUMENT CHECKS, PHOTOGRAPHS, AND FINGERPRINTING. THESE MEN WERE THEN CHECKED AGAINST CROATIAN GOVERNMENT RECORDS FOR ANY EVIDENCE OF "WAR CRIMES." ¶3. FROM MAY 6 UNTIL MAY 13 (WHEN THE CENTER WAS CLOSED), THE LOCAL POLICE PROCESSED ALL THE REMAINING SERBS. OF THE 439 DETAINEES, 206 WERE RELEASED DIRECTLY BACK TO PAKRAC, AND 219 WERE SENT FOR FURTHER CONSIDERATION BY MILITARY INVESTIGATIVE COURTS. NINETY PERCENT OF THE LATTER WERE SENT TO THE MILITARY COURT IN BJELOVAR. THE REMAINING FOURTEEN MEN WERE TRANSFERRED TO BJELOVAR TO GIVE TESTIMONY AS WITNESSES AGAINST THEIR FELLOW DETAINEES. ON MAY 16, THE VARAZDIN AUTHORITIES SAID THEY DID NOT KNOW HOW MANY OF THE 233 MEN TRANSFERRED TO THE MILITARY COURTS HAD BEEN RELEASED AND HOW MANY WERE STILL BEING HELD. (NOTE: PRESS REPORTS ON MAY 16 SAID THAT 220 SERBS, OF ALL THOSE HELD IN BJELOVAR ORIGINALLY OR TRANSFERRED FROM VARAZDIN, WERE STILL BEING HELD IN THE BJELOVAR DISTRICT CONFIDENTIAL CONFIDENTIAL PAGE 04 ZAGREB 01908 01 OF 03 171640Z JAIL ON SUSPICION OF WAR CRIMES. ON A PREVIOUS VISIT TO BJELOVAR, POLOFF WAS TOLD THE JAIL HAD A CAPACITY OF 100. END NOTE.) - -------------- -------------- LIVING CONDITIONS BEARABLE, INTERROGATIONS LENGTHY -------------- -------------- ¶4. IN VARAZDIN, POLOFF WAS GIVEN FREE RUN OF THE SPORTS HALL WHERE THE REMAINING 139 DETAINEES STILL THERE ON MAY 12 WERE BEING HELD. THE MEN WERE ALL LYING ON MATTRESSES ON THE MAIN GYM FLOOR. FOR TWO MEALS A DAY AND SMOKING PRIVILEGE, WEATHER PERMITTING, THE MEN WERE TAKEN EN MASSE TO AN OUTDOOR PLAYGROUND. INTERROGATIONS WERE HELD IN UPSTAIRS OFFICES. THE INTERROGATIONS WERE SAID TO TAKE ON AVERAGE ONE TO TWO HOURS PER PERSON. THEY WERE ONLY DONE DURING DAYLIGHT HOURS. POLOFF WAS SHOWN TYPED NOTES FROM ONE INTERVIEW AS A SAMPLE. THE DETAINEE HAD BEEN ASKED FOR ALL PERSONAL DATA AND TO PROVIDE INFORMAT CONFIDENTIAL NNNNPTQ1842 CONFIDENTIAL PTQ1842 PAGE 01 ZAGREB 01908 02 OF 03 171640Z ACTION EUR-01 INFO LOG-00 AID-00 AMAD-01 CIAE-00 OASY-00 EB-01 H-01 TEDE-00 INR-00 IO-08 L-01 ADS-00 NSAE-00 OIC-02 PA-01 PRS-01 P-01 SP-00 SR-00 SS-00 STR-01 TRSE-00 USIE-00 PRME-01 DRL-09 G-00 /029W -------------- C695BE 171640Z /38 P 171736Z MAY 95 FM AMEMBASSY ZAGREB TO SECSTATE WASHDC PRIORITY 5810 INFO USMISSION USUN NEW YORK PRIORITY CINCUSAFE RAMSTEIN AB GE//DO/LG/XP/IN// HQ JTF PP NAPLES IT//CA/POLAD// JOINT STAFF WASHDC//J5-PMA/J21// JAC MOLESWORTH RAF MOLESWORTH UK USNMR SHAPE BE//POLAD// SECDEF WASHDC//ISA/ISP// USCINCEUR VAIHINGEN GE//ECJ3/ECJ4/ECJ5// CINCUSNAVEUR LONDON UK//N2/N22// COM SIXTHFLT//N2// HQ JTF PP NAPLES IT//CA/POLAD// DIA WASHDC USMISSION GENEVA AMCONSUL MUNICH USLO SKOPJE AMEMBASSY LJUBLJANA AMEMBASSY BUDAPEST AMEMBASSY BELGRADE NATO EU COLLECTIVE CONFIDENTIAL CONFIDENTIAL PAGE 02 ZAGREB 01908 02 OF 03 171640Z JOINT STAFF WASHDC//J-5PMA/J21// SECDEF WASHDC//ISA/ISP// NSC WASHDC C O N F I D E N T I A L SECTION 02 OF 03 ZAGREB 001908 SIPDIS VIENNA ALSO FOR BOSNIA BRUSSELS ALSO FOR USEU USVIENNA ALSO FOR USDEL CSCE E.O. 12356: DECL: 5/10/96 TAGS: SUBJECT: VISIT TO DETAINED SERBS YIELDS NO SOLID EVIDENCE OF ABUSE ION ON HIS MILITARY ACTIVITIES, INCLUDING THE NAMES OF OTHER SOLDIERS AND THE COMMANDERS, AS WELL AS DETAILS OF ANY "WAR CRIMES" WITNESSED. -------------- NO SOLID EVIDENCE OF PHYSICAL MISTREATMENT -------------- ¶5. AFTER A BRIEF TOUR OF THE GYM, POLOFF WAS ALLOWED TO SPEAK IN PRIVATE (OUTDOORS) WITH DETAINEES THAT HE CHOSE AT RANDOM FROM THE GROUP. FIVE SEPARATE DETAINEES DESCRIBED LIVING CONDITIONS AS SATISFACTORY. THEY SAID THE FOOD WAS SUFFICIENT AND OF GOOD QUALITY. THEY HAD BEEN VISITED BY BOTH ICRC AND THE UN. ALL COMPLAINED OF BOREDOM (AFTER EIGHT DAYS SPENT ENTIRELY AT THE SPORTS CONFIDENTIAL CONFIDENTIAL PAGE 03 ZAGREB 01908 02 OF 03 171640Z HALL). NONE OF THE DETAINEES REPORTED SEEING ANY OTHERS EVER TAKEN AWAY ALONE FROM THE GROUP, EXCEPT WHEN GOING UP TO THE INTERVIEW ROOMS. NONE RECALLED ANY DETAINEES NOT RETURNING FROM THEIR INTERROGATIONS, OR COMING BACK WITH OBVIOUS INJURIES OR BLEEDING. ¶6. ASKED IF THERE HAD BEEN BEATINGS OR MISTREATMENT, NONE OF THE PRISONERS CITED ANY SPECIFIC CASES. THEY ALL REPORTED THEY HAD SUFFERED NO ILL TREATMENT (ONE ADDED, "GIVEN THE CIRCUMSTANCES"). BUT THEY COULD NOT, OR WOULD NOT, SAY THAT NO BEATINGS HAD TAKEN PLACE. ONE MAN SAID, "YOU WOULD HAVE TO TALK TO OTHERS TO FIND OUT," BUT WOULD NOT PROVIDE ANY FURTHER DETAILS. ASKED IF THEY WERE AFRAID, THEY ALL SAID THEIR REAL FEAR WAS CAUSED BY THE UNCERTAINTY OF WHERE THEY WERE GOING. (NOTE: OF THE 139 STILL THERE THAT DAY, THE CROATIANS SAY THEY TRANSFERRED 74 TO BJELOVAR AS POSSIBLE SUSPECTS.) - ¶7. ASKED IF THEY PLANNED TO REMAIN IN CROATIA AFTER THEIR RELEASE, ALL OF THE DETAINEES SAID THAT THEY WOULD MAKE THAT DECISION BASED ON CONDITIONS BACK IN PAKRAC ONCE THEY REACHED THERE. -------------- COMMENT -------------- ¶8. LIVING CONDITIONS AT THE DETENTION CENTER WERE NOT UNBEARABLE, ALTHOUGH THEY MUST HAVE BEEN WORSE WHEN THE CENTER WAS MORE CROWDED. THE MORE IMPORTANT ISSUE, HOWEVER, IS WHETHER VIOLENCE WAS USED AGAINST THE CONFIDENTIAL CONFIDENTIAL PAGE 04 ZAGREB 01908 02 OF 03 171640Z DETAINEES. DESPITE RUMORS PICKED UP BY INTERNATIONAL ORGANIZATIONS OF PRISONERS BEATEN IN VARAZDIN, POLOFF FOUND NO HARD EVIDENCE ON THE SCENE MAY 12 TO INDICATE THIS WAS THE CASE. IN WALKING THROUGH THE ROWS OF DETAINEES, POLOFF COULD NOT EASILY SEE ANY SIGNS OF WOUNDS OR BEATINGS. (NOTE: IN PAKRAC MAY 16, EMBOFFS FOUND 2 SERBS RECENTLY RELEASED FROM BJELOVAR WHO SHOWED US BRUISES THEY CLAIMED TO HAVE RECEIVED IN VARAZDIN. SEE SEPTEL). ¶9. THE ATTITUDE AND COMMENTS OF THE LOCAL POLICE, HOWEVER, SUGGEST THAT THERE MAY WELL HAVE BEEN ROUGH TREATMENT OF THOSE DETAINEES WHO THE POLICE BELIEVED HAD PARTICIPATED IN ATROCITIES. THE POLICE DREW A CLEAR DISTINCTION BETWEEN THOSE DETAINEES WHO HAD NOT PARTICIPATED IN CRIMES AGAINST CROATIA OR CIVILIANS, OR HAD MERELY FOLLOWED ORDERS DURING MILITARY SERVICE, AND THOSE DETAINEES WHO WERE BELIEVED TO HAVE PARTICIPATED IN OR ORDERED ATROCITIES. FOR THE FORMER GROUP, THE POLICE PROFESSED CONFIDENTIAL NNNNPTQ1850 CONFIDENTIAL PTQ1850 PAGE 01 ZAGREB 01908 03 OF 03 171640Z ACTION EUR-01 INFO LOG-00 AID-00 AMAD-01 CIAE-00 OASY-00 EB-01 H-01 TEDE-00 INR-00 IO-08 L-01 ADS-00 NSAE-00 OIC-02 PA-01 PRS-01 P-01 SP-00 SR-00 SS-00 STR-01 TRSE-00 USIE-00 PRME-01 DRL-09 G-00 /029W -------------- C695C4 171640Z /38 P 171736Z MAY 95 FM AMEMBASSY ZAGREB TO SECSTATE WASHDC PRIORITY 5811 INFO USMISSION USUN NEW YORK PRIORITY CINCUSAFE RAMSTEIN AB GE//DO/LG/XP/IN// HQ JTF PP NAPLES IT//CA/POLAD// JOINT STAFF WASHDC//J5-PMA/J21// JAC MOLESWORTH RAF MOLESWORTH UK USNMR SHAPE BE//POLAD// SECDEF WASHDC//ISA/ISP// USCINCEUR VAIHINGEN GE//ECJ3/ECJ4/ECJ5// CINCUSNAVEUR LONDON UK//N2/N22// COM SIXTHFLT//N2// HQ JTF PP NAPLES IT//CA/POLAD// DIA WASHDC USMISSION GENEVA AMCONSUL MUNICH USLO SKOPJE AMEMBASSY LJUBLJANA AMEMBASSY BUDAPEST AMEMBASSY BELGRADE NATO EU COLLECTIVE CONFIDENTIAL CONFIDENTIAL PAGE 02 ZAGREB 01908 03 OF 03 171640Z JOINT STAFF WASHDC//J-5PMA/J21// SECDEF WASHDC//ISA/ISP// NSC WASHDC C O N F I D E N T I A L SECTION 03 OF 03 ZAGREB 001908 SIPDIS VIENNA ALSO FOR BOSNIA BRUSSELS ALSO FOR USEU USVIENNA ALSO FOR USDEL CSCE E.O. 12356: DECL: 5/10/96 TAGS: SUBJECT: VISIT TO DETAINED SERBS YIELDS NO SOLID EVIDENCE OF ABUSE TOTAL SUPPORT FOR PRESIDENT TUDJMAN'S STATEMENTS THAT THESE MEN SHOULD BE RELEASED. ¶10. BUT FOR THE LATTER GROUP (OR THOSE EVEN SUSPECTED OF BELONGING TO THE LATTER GROUP),THE ATTITUDE WAS MUCH MORE HARD-NOSED. THE POLICE WERE CATEGORICAL THAT ANYONE WHO WAS GUILTY OF "WAR CRIMES," AS DEFINED BY THE CROATIAN AUTHORITIES, SHOULD BE HELD, PROSECUTED, AND PUNISHED, REGARDLESS OF THE TERMS OF THE CEASEFIRE IN SECTOR WEST. THERE WAS NO RECEPTIVENESS TO THE SUGGESTION THAT, UNDER THE TERMS OF THE CEASEFIRE, THE POLICE SHOULD NOT HAVE BEEN INVESTIGATING THE DETAINEES OR HOLDING SUSPECTED WAR CRIMINALS. AND THERE WAS NO INDICATION THAT THE POLICE WOULD BE INCLINED TO ACT WITH ANY TENDERNESS OR CARE TOWARD SUCH SUSPECTS. OUR GUESS IS THAT THE MORE SERIOUS THE CRIME A DETAINEE WAS SUSPECTED OF, THE ROUGHER HIS CONFIDENTIAL CONFIDENTIAL PAGE 03 ZAGREB 01908 03 OF 03 171640Z TREATMENT BY THE POLICE DURING INTERROGATION. ¶11. THE GUARDED COMMENTS OF THE DETAINEES ("OUR TREATMENT IS SATISFACTORY, GIVEN THE CIRCUMSTANCES"),AND THE APPEARANCE OF THOSE STILL IN THE SPORTS HALL, HOWEVER, SUGGESTED THAT WHATEVER ROUGH TREATMENT BY THE POLICE OCCURRED WAS NOT SYSTEMATIC AND WAS LIMITED (I.E., NO MURDERS, DISAPPEARANCES, OR INJURIES SERIOUS ENOUGH TO REQUIRE MEDICAL TREATMENT). FINAL CONCLUSIONS CONCERNING POLICE TREATMENT OF DETAINEES WILL REQUIRE FURTHER INVESTIGATION, ESPECIALLY OF THE DETAINEES SUSPECTED OF THE MOST SERIOUS CRIMES, WHO ARE NOW HELD IN THE MILITARY PRISON IN BJELOVAR. EMBASSY ALSO INTENDS TO PUSH THE CROATIAN GOVERNMENT TO ALLOW FULLER ACCESS TO ICRC, WHICH HAS COMPLAINED TO US OF LIMITS IMPOSED ON IT BY THE GOC. GALBRAITH CONFIDENTIAL NNNN