US embassy cable - 03ZAGREB2661

C O N F I D E N T I A L ZAGREB 002661 
 
SIPDIS 
 
 
E.O. 12958: DECL: 12/22/2013 
TAGS: PHUM, HR, War Crimes 
SUBJECT: SANADER REACHES OUT TO CARLA DEL PONTE 
 
REF: ZAGREB 2656 
 
CLASSIFIED BY: NICHOLAS HILL, POLECON COUNSELOR, FOR REASONS 1.5 (B) AN 
D (D). 
 
SUMMARY 
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1.   (C) CROATIA'S INCOMING PRIME MINISTER, IVO SANADER, 
CALLED UP CHIEF PROSECUTOR CARLA DEL PONTE ON DECEMBER 19 TO 
UNDERSCORE HIS DESIRE TO MAINTAIN CLOSE COOPERATION WITH THE 
WAR CRIMES TRIBUNAL.  TOM OSORIO (STRICTLY PROTECT), THE HEAD 
OF THE ICTY OFFICE IN ZAGREB, TOLD US AFTER THE TELEPHONE 
CALL THAT THE CHIEF PROSECUTOR WAS "EXTREMELY HAPPY" AT 
SANADER'S INITIATIVE.  THE CONVERSATION WAS CONSTRUCTIVE, HE 
SAID, AND PUTS THE NEW GOVERNMENT'S RELATIONS WITH THE HAGUE 
ON A VERY GOOD FOOTING.  EARLIER ON DECEMBER 19, OSORIO MET 
WITH FOREIGN MINISTER-DESIGNATE MIOMIR ZUZUL, AND DISCUSSED A 
RANGE OF ISSUES THE NEW GOVERNMENT WILL HAVE WITH THE 
TRIBUNAL.  END SUMMARY. 
 
2.   (C) SANADER'S CALL ON DECEMBER 19 TO DEL PONTE CAME 
AFTER HE TOLD THE AMBASSADOR EARLIER ON THE SAME DAY (REF) 
THAT HE WANTED TO MAKE THE INITIATIVE BUT WAS CONCERNED -- 
NAMELY, BECAUSE HE DID NOT WANT ANY CONVERSATION WITH DEL 
PONTE REPORTED IN THE PRESS AT THIS STAGE.  SOON AFTER WE 
REPORTED THIS TO OSORIO, HE MET WITH ZUZUL AND OFFERED 
ASSURANCES.  SANADER PLACED THE CALL LATER ON THE SAME DAY. 
FOR HIS PART, OSORIO SAID HIS MEETING WITH ZUZUL, HIS FIRST 
WITH THE FOREIGN MINISTER-DESIGNATE, WENT WELL.  HE DESCRIBED 
HIS OFFICE'S WORK, WHERE RELATIONS WITH THE PREVIOUS 
GOVERNMENT HAD GONE WELL AND WHERE THEY FELL SHORT -- 
PRIMARILY WITH RESPECT TO DELIVERING FUGITIVES, MOST NOTABLY 
ANTE GOTOVINA. 
 
3.   (C) OSORIO TOOK THE OPPORTUNITY TO TELL ZUZUL THAT THE 
TRIBUNAL VERY MUCH APPRECIATED THE WORK OF THE HEAD OF THE 
GOC'S ICTY COOPERATION OFFICE, JAKSA MULJACIC AND, MORE 
    IMPORTANTLY, THE GOC'S STATE PROSECUTOR MLADEN BAJIC.  ZUZUL 
TOOK HIS COMMENTS ON BOARD AND APPARENTLY PASSED THEM ON TO 
SANADER; DURING HIS TELEPHONE CONVERSATION WITH DEL PONTE, 
THE PRIME MINISTER-DESIGNATE SAID HE PLANNED TO KEEP 
MULJACIC, WHO KNOWS DEL PONTE WELL FROM HIS TOUR AS CROATIA'S 
AMBASSADOR IN THE HAGUE.  SANADER WAS LESS COMMITTAL ABOUT 
BAJIC, BUT ACCORDING TO OSORIO -- AND WE HAVE HEARD SIMILAR 
REPORTS -- THERE ARE NO IMMEDIATE PLANS TO REPLACE THE 
CURRENT STATE PROSECUTOR, WHO HAS BEEN OFFICE FOR LESS THAN 
TWO YEARS.  BAJIC HAS DEVELOPED A REPUTATION FOR FAIRNESS AND 
PROVED TO BE AN EFFECTIVE ADMINISTRATOR. 
 
4.   (C) OSORIO TOLD ZUZUL HOW THE TRIBUNAL HOPED ITS 
RELATIONSHIP WITH CROATIA WOULD DEVELOP UNDER THE NEW 
GOVERNMENT.  HE REMINDED THE INCOMING FOREIGN MINISTER THAT 
THERE WOULD PROBABLY BE A QUICKER PACE OF ACTIVITY IN COMING 
MONTHS, WHICH HAD SLOWED DOWN OWING IN PART TO CROATIA'S 
ELECTIONS SEASON.  BEFORE MEETING ZUZUL, OSORIO EXPRESSED 
SOME CONCERN ABOUT THE WAY THE INCOMING PRIME MINISTER HAD 
REPORTEDLY INDICATED A DESIRE TO BE THE GOC'S POINT PERSON 
FOR RELATIONS WITH THE TRIBUNAL.  OSORIO TOLD US THAT THE 
PROSECUTOR SAW THE KEY TO A SUCCESSFUL RELATIONSHIP AS 
KEEPING IT FOCUSED AT THE JUSTICE SECTOR LEVEL.  ALTHOUGH NOT 
CLEAR IF HE DISCUSSED THIS WITH DEL PONTE, SANADER TOLD THE 
PRESS OVER THE WEEKEND THAT HE WOULD NOT BE THE GOC'S POINT 
PERSON WITH THE TRIBUNAL. 
 
COMMENT 
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5.   (C) WE STRESS THAT WHAT SANADER ULTIMATELY SAID TO CARLA 
    DEL PONTE ON DECEMBER 19 CAME TO US THIRD HAND.  THE KEY 
POINT IS THAT, FROM THE TRIBUNAL'S STANDPOINT, THE 
CONVERSATION SHOWED SANADER TRYING TO REACH OUT.  IT WILL NOT 
TAKE LONG FOR THE NEW HDZ-LED GOVERNMENT TO BE PUT TO THE 
TEST ON ITS COMMITMENTS TO THE ICTY.  WE EXPECT THE TRIBUNAL 
TO DELIVER SEVERAL NEW INDICTMENTS TO THE GOC EARLY IN THE 
NEW YEAR.  THESE INDICTMENTS COMBINED WITH INCREASING 
PRESSURE TO TRACK DOWN ICTY FUGITIVE ANTE GOTOVINA -- WHOSE 
STATUS STILL LOOMS SIGNIFICANTLY AS AN OBSTACLE TO CROATIA'S 
EU AND NATO ASPIRATIONS -- ENSURES THAT BROMIDES WILL NOT 
PASS FOR COOPERATION.  AND SANADER, WITH A GOOD NUMBER OF 
HARD LINE NATIONALISTS IN HIS RANKS, WILL BE FEELING THE HEAT 
FROM THE BEGINNING OF HIS TENURE. 
 
FRANK 
 
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