US embassy cable - 00THEHAGUE1700

S E C R E T SECTION 01 OF 02 THE HAGUE 001700 
 
SIPDIS 
 
 
DEPARTMENT FOR S/WCI - SCHEFFER/WARRICK, S/SA - O'BRIEN, 
S/CT - SHEEHAN/BAIR, DRL - KOH/SPENCER, L - 
ANDREWS/MATHESON, L/EUR - LAHNE, INR/WCAD - DONAHUE/MORIN, 
EUR/SCE - COUNTRYMAN/DANIELS; 
SARAJEVO FOR AMBASSADOR MILLER/GAUDIOSI 
 
 
E.O. 12958: DECL: 1.6 FIVE YEARS AFTER CLOSURE ICTY 
TAGS: PREL, PHUM, BK, HR, SR, NL, ICTY 
SUBJECT: ICTY: READ-OUT ON RS PRIME MINISTER DODIK'S 
MEETING WITH DEL PONTE 
 
1.  (U)  CLASSIFIED BY:  ALLEN S. WEINER, LEGAL COUNSELOR. 
REASONS: 1.5(B), (D). 
 
 
2.  (C)  SUMMARY:  REPUBLIKA SRPSKA (RS) PRIME MINISTER 
DODIK'S MAY 29 WITH THE CHIEF PROSECUTOR OF THE INTERNATIONAL 
CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ICTY) WAS USEFUL 
FROM A SYMBOLIC POINT OF VIEW INSOFAR AS IT DEMONSTRATED 
"GOODWILL" ON THE PART OF THE RS.  IN THE ICTY'S VIEW, 
HOWEVER, NOTHING OF GREAT SUBSTANCE EMERGED FROM THE MEETING. 
 DODIK HAS PLEDGED IMPROVED COOPERATION IN CERTAIN AREAS, 
INCLUDING ACCOMMODATING CONCERNS OF THE ICTY'S OFFICE OF THE 
PROSECUTOR (OTP) ON THE DRAFT LAW ON RS COOPERATION WITH THE 
ICTY.  DODIK AND DEL PONTE ALSO DISCUSSED APPREHENSION ISSUES 
AND THE QUESTION OF PROVISIONAL RELEASE OF BOSNIAN SERB 
INDICTEES.  END SUMMARY. 
 
 
3.  (C)  ON JUNE 7, ICTY DEPUTY PROSECUTOR GRAHAM BLEWITT 
PROVIDED EMBASSY LEGAL COUNSELOR WITH A READ-OUT OF RS PRIME 
MINISTER DODIK'S MAY 29 MEETING WITH ICTY CHIEF PROSECUTOR 
CARLA DEL PONTE.  ACCORDING TO BLEWITT, THE MEETING, WHICH 
WAS HASTILY ARRANGED, WAS BRIEF AND WAS "IN THE NATURE OF A 
COURTESY CALL."  THAT SAID, HE THOUGHT THE VISIT WAS 
SIGNIFICANT IN THAT IT DEMONSTRATED GOODWILL ON THE PART OF 
THE RS, AND A NUMBER OF SPECIFIC AREAS OF COOPERATION WERE 
DISCUSSED.  BLEWITT NOTED THAT FORMER RS MINISTER OF JUSTICE 
TRBOJEVIC, WHO WAS FIRED SHORTLY AFTER HIS VISIT TO THE ICTY 
EARLIER THIS YEAR, ACCOMPANIED DODIK.  ALTHOUGH TRBOJEVIC NO 
LONGER HAS A FORMAL POSITION IN THE RS GOVERNMENT, DODIK 
INDICATED THAT TRBOJEVIC REMAINS ONE OF HIS CLOSE ADVISORS 
AND WILL CONTINUE TO WORK ON RS-ICTY COOPERATION ISSUES. 
 
 
4.  (C)  DURING THE MEETING, DEL PONTE REPORTED THAT THE 
ICTY'S BANJA LUKA FIELD OFFICE WAS NOW OPEN, AND THAT THE 
OFFICE OF THE PROSECUTOR (OTP) WAS SATISFIED WITH THE LEVEL 
OF COOPERATION IT WAS RECEIVING FROM THE RS AT THE "LIAISON 
LEVEL." 
 
 
5.  (C)  ON THE ISSUE OF PROVISIONAL RELEASE OF BOSNIAN SERB 
INDICTEES, DEL PONTE EXPRESSED HER OPPOSITION TO, AND 
DISAPPOINTMENT WITH, THE TRIAL CHAMBER'S DECISION TO GRANT 
PROVISIONAL RELEASE TO MIROSLAV TADIC AND SIMO ZARIC, TWO OF 
THE INDICTEES IN THE BOSANSKI SAMAC CASE.  (NOTE:  A THIRD 
INDICTEE, MILAN SIMIC, HAS SUBSEQUENTLY BEEN GRANTED 
PROVISIONAL RELEASE.)  SHE SAID THAT SHE WOULD CONTINUE TO 
OPPOSE PROVISIONAL RELEASE TO THE RS AS LONG AS ICTY 
INDICTEES REMAINED AT LARGE THERE. 
 
 
6.  (S)  BLEWITT SAID DEL PONTE EXPRESSED DISPLEASURE WITH 
THE RS'S FAILURE TO APPREHEND TWO INDIVIDUALS COVERED BY A 
SEALED INDICTMENT.  BY WAY OF BACKGROUND, BLEWITT EXPLAINED 
THAT ALTHOUGH THE INDICTMENT IN QUESTION REMAINS UNDER SEAL, 
THE OTP HAD REASON TO BELIEVE IT HAD BEEN COMPROMISED. 
ACCORDINGLY, OTP HAD SERVED THE INDICTMENT AND ARREST 
WARRANTS ON THE RS AS A TEST CASE OF THE RS'S COMMITMENT TO 
IMPROVE COOPERATION IN THIS AREA.  DODIK REPORTED THAT HIS 
GOVERNMENT'S INFORMATION IS THAT THE TWO INDIVIDUALS IN 
QUESTION HAVE FLED TO SERBIA.  HE SAID THE RS HAD APPROACHED 
THE SERBIAN MUP FOR HELP IN SECURING CUSTODY OF THE TWO, BUT 
HAD RECEIVED NO RESPONSE.  DEL PONTE SAID SHE WOULD PUBLICLY 
DISCLOSE THE INDICTMENT IF THERE IS NO PROGRESS ON 
APPREHENDING THE INDICTEES. 
 
 
7.  (S)  WITH RESPECT TO RADOVAN KARADZIC, DODIK SAID HE 
WOULD BE WILLING TO SHARE INFORMATION ON KARADZIC'S 
WHEREABOUTS, BUT SAID THAT THE RS INTELLIGENCE SERVICES "WERE 
EFFECTIVE ONLY TO A POINT" ON THIS SCORE.  HE URGED DEL PONTE 
TO CONTINUE PRESSING SFOR TO ARREST KARADZIC.  HE OBSERVED, 
HOWEVER, THAT IF KARADZIC WERE ARRESTED JUST BEFORE UPCOMING 
ELECTIONS, IT COULD "AFFECT HIS ABILITY TO REMAIN IN POWER." 
 
 
8.  (C)  THE OTP ALSO RAISED THE ISSUE OF ACCESS TO RS 
WITNESSES.  THE OTP, ACTING PURSUANT TO ITS AUTHORITY TO 
SUMMON WITNESSES UNDER RULE 39 OF ITS RULES OF PROCEDURE AND 
EVIDENCE, HAS OVER THE PAST FEW MONTHS BEEN INTERVIEWING 
REPUBLIKA SRPSKA ARMY (VRS) OFFICERS IN BANJA LUKA IN 
CONNECTION WITH THE KRSTIC TRIAL.  RS COOPERATION HAS 
GENERALLY BEEN GOOD, BUT THERE HAVE BEEN A NUMBER OF "NO 
SHOWS" RECENTLY.  DODIK PROMISED FULL COOPERATION AND SAID HE 
WOULD USE HIS "INFLUENCE" TO ATTEMPT TO ENSURE THAT ALL 
SUMMONED VRS OFFICERS MET WITH OTP INVESTIGATORS. 
 
 
9.  (C)  ON THE DRAFT RS LAW ON COOPERATION WITH ICTY, THE 
OTP NOTED THAT THEY HAD NOT BEEN SATISFIED WITH THE INITIAL 
DRAFT OF THE LAW PROVIDED TO THEM, AND HAD PROVIDED THE RS 
WITH COMMENTS.  DODIK REPORTED THAT THE LAW HAS BEEN REVISED 
TO INCORPORATE THE OTP'S COMMENTS.  HE ALSO SAID THAT THE LAW 
WILL BE INTRODUCED AT THE NEXT SESSION OF THE RS PARLIAMENT. 
IN RESPONSE TO LEGAL COUNSELOR'S QUESTION, BLEWITT SAID THAT 
THE OTP HAS NOT YET SEEN THE REVISED LAW.  (COMMENT:  IT 
WOULD BE HELPFUL IF EMBASSY SARAJEVO COULD OBTAIN A COPY OF 
THE CURRENT DRAFT OF THE LAW FOR US TO SHARE WITH THE OTP TO 
ENSURE THAT OTP CONCERNS HAVE BEEN SATISFACTORILY ADDRESSED.) 
 
 
10.  (S)  DODIK ALSO SAID THAT IT WOULD HELP OVERCOME THE 
WIDESPREAD VIEW IN THE RS THAT THE ICTY IS BIASED AGAINST THE 
SERBS IF THE OTP ISSUED INDICTMENTS AGAINST NON-SERBS IN 
BOSNIA.  DEL PONTE SAID ONLY THAT THE OTP WAS WORKING HARD IN 
THIS REGARD. 
FENDRICK