US embassy cable - 04ZAGREB1595

C O N F I D E N T I A L  ZAGREB 001595 
 
SIPDIS 
 
 
DEPT FOR S/WCI - PROSPER, EUR/SCE - KABUMOTO, EUR/ACE- 
MARKEY, INL/EEA-HARTSHORN 
BELGRADE FOR LUSTIG & NAZZARO 
SARAJEVO FOR RLA 
SKOPJE FOR HUBLER 
 
E.O. 12958: DECL: 09/08/2014 
TAGS: KAWC, PREL, KJUS, PHUM, HR, War Crimes, Regional Issues 
SUBJECT: PROSECUTOR,S COOPERATION PLAN DRAWS ICTY SUPPORT 
 
REF: A. ZAGREB 01567 
     B. BELGRADE 01781 
     C. ZAGREB 01483 
 
Classified By: Ambassador Ralph Frank for reasons 1.5 (b) & (d). 
 
1. (C) SUMMARY AND COMMENT: Patrick Lopez-Terres, Chief of 
Investigations in the ICTY Office of the Prosecutor, has 
expressed enthusiastic support for Croatian Chief State 
Prosecutor Mladen Bajic,s initiative to pursue bilateral 
cooperation agreements between the state prosecutors of the 
countries of the former Yugoslavia (ref A).  In a September 6 
meeting with the Ambassador, Lopez-Terres hailed the State 
Prosecutor,s work, adding that Bajic,s new plan 
demonstrated exactly the spirit of cooperation the ICTY needs 
to succeed in its exit strategy.  Bajic is currently 
providing extensive witness and evidence support to SAM,s 
state prosecutor in the Ovcara Farm war crimes case and is 
searching for ways to ensure that his colleague in Belgrade 
can reciprocate, despite political atmospherics (ref B). 
Bajic is skillfully floating his idea with the international 
community to win support before he gets any resistance from 
within the GOC or its neighbors.  Once Bajic presents 
specifics, the Ambassador proposed early Embassy intervention 
with key political leaders to ensure the prosecutor,s plan 
succeeds domestically. 
 
2.  (C)  Lopez-Terres assessed Bajic,s coordinating role in 
the GOC,s ongoing hunt for Ante Gotovina as extremely 
positive but said the quality of actual police work continues 
to be mixed, and the goal ) Gotovina in The Hague ) does 
not appear much closer.  According to Lopez-Terres, Bajic 
claims to be making progress in improving police attitudes, 
particularly in Gotovina,s hometown of Zadar, but only with 
extraordinary effort.  Bajic plans &more aggressive and 
visible8 police tactics to push the investigation forward. 
Post has no doubt about the prosecutor,s political will, but 
until the GOC removes the members of the police Lopez-Terres 
said have posters supporting Gotovina in their lockers, Bajic 
will continue to face an uphill battle.  END SUMMARY AND 
COMMENT. 
 
PROSECUTOR,S TRIAL BALLOON WINS ICTY SUPPORT 
-------------------------------------------- 
 
3.  (C)  According to Lopez-Terres, Bajic has already drafted 
a model bilateral agreement on prosecutor cooperation and 
will soon present it to the MOJ.  Bajic, who has excellent 
relations with his colleagues in the region, hopes to create 
a direct communication channel between state prosecutors, 
bypassing the diplomatic formalities of Mutual Legal 
Assistance and minimizing delays in witness appearances or 
evidence transfer - delays that could unhinge ICTY,s exit 
strategy. 
 
4.  (C)  In addition to selling ICTY on his plan, Bajic has 
met with us as well as the OSCE and other multilateral 
organizations, seeking the international support he will need 
to overcome any political obstacles to his idea. 
Lopez-Terres doubted that politicians would object to the 
substance of Bajic,s proposal, but there may be turf issues 
with MFA or others as the state prosecutor strays outside the 
strict definitions of his mandate.  Bajic is also likely 
counting on prosecutorial agreements to help him survive 
professionally if a lack of cooperation on the part of a 
neighboring government stalls his prosecution of cases 
transferred from the ICTY. 
 
5.  (C)  When Bajic has finalized his plan, the Ambassador 
proposed to Lopez-Terres that the Embassy could assist by 
expressing USG support early for the concept to MFA and PM, 
noting that we want to ensure that Bajic has all the tools he 
needs.  Post could also go to President Mesic, the Ambassador 
added, and highlight that we look forward to his support on 
this potential issue in his re-election campaign. 
 
CASE TRANSFERS CRITICAL TO ICTY EXIT 
------------------------------------ 
 
6.  (C)  Lopez-Terres made it clear that ICTY judges are 
 
counting on the success of case transfers.  While ICTY will 
retain oversight, Lopez-Terres noted with a smile that 
pulling cases back to The Hague would be &incompatible with 
our exit strategy.8  He reported that ICTY views Croatia as 
the most prepared country in the region to accept case 
transfers.  The retrial in the Lora Prison case (ref C) will 
be a key opportunity for the Croatian judiciary to prove this 
readiness. 
FRANK 
 
 
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