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
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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
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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












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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
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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
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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
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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












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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
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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














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