US embassy cable - 04ZAGREB1483

UNCLAS ZAGREB 001483 
 
SIPDIS 
 
 
DEPT FOR S/WCI:PROSPER, EUR/SCE:KABUMOTO 
 
E.O. 12958: N/A 
TAGS: KAWC, PREL, KJUS, HR, War Crimes 
SUBJECT: COURT REJECTS NOTORIOUS LORA PRISON ACQUITTAL, 
CALLS FOR RETRIAL IN WAR CRIMES CASE 
 
SUMMARY AND COMMENT 
------------------- 
 
1.  Overturning a 2002 acquittal, the Croatian Supreme Court 
has called for a retrial of eight Croatian military police 
accused of the torture and murder of ethnic Serb civilians 
and soldiers at Lora Prison.  The international community 
praised the ruling as Croatian recognition of the original 
trial,s judicial bias. 
 
2.  Reversal of the high profile Lora acquittal demonstrates 
Croatia,s readiness to address the judicial shortcomings 
apparent in lower courts during earlier domestic war crimes 
trials -- a critical task before the GOC accepts the transfer 
of cases from the ICTY.  The Lora case also highlights the 
need for development of witness protection measures within 
Croatian courts, as much of the testimony rejected during the 
trial was in the form of depositions taken in Serbia from 
former Lora inmates who refused to appear in court due to 
death threats.  Post has placed a high priority on witness 
protection in its project to strengthen the Croatian 
judiciary,s war crimes trial capacity.  END SUMMARY and 
COMMENT. 
 
REACTION TO RETRIAL, READY FOR REFORM 
------------------------------------- 
 
3.  The Croatian Supreme Court on August 19 overturned the 
November 2002 acquittal of eight Croatian military police 
accused of torturing and murdering ethnic Serb prisoners in 
Lora Prison near Split in 1992.  The county court had 
acquitted the eight guards after a six-month trial that was 
universally criticized within the international community as 
a gross miscarriage of justice.  According to the Supreme 
Court ruling, presiding judge Slavko Lozina incompletely 
established facts and failed to admit crucial evidence, 
including testimony from former inmates.  The ruling returned 
the case to the county court for retrial before a new panel 
of judges. 
 
4.  Reacting to the Supreme Court,s announcement, Lozina 
claimed the justices quashed his verdict due to criticism 
from Minister of Justice Vesna Skare Ozbolt, who Lozina 
claims is kowtowing to the OSCE and State Department. 
Meanwhile, OSCE Ambassador Peter Semneby told the press the 
decision recognizes international concerns voiced during the 
original trial and indicates the need to improve the capacity 
of the Croatian judiciary. 
 
FRANK 
 
 
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