US embassy cable - 04ZAGREB2044

C O N F I D E N T I A L  ZAGREB 002044 
 
SIPDIS 
 
 
E.O. 12958: DECL: 11/26/2014 
TAGS: PGOV, PHUM, PINR, HR 
SUBJECT: INTELLIGENCE SERVICE UNDER FIRE FOR INTIMIDATION 
 
REF: ZAGREB 1717 
 
Classified By: Political Officer Kirsten B. Selinger for Reasons 1.4 (b 
) and (d) 
 
Summary and Comment 
 
1. (C) In recent weeks, the Counterintelligence Agency (POA) 
has been the focus of both media and parliamentary scrutiny 
because of its alleged intimidation of a journalist.  Helen 
Puljiz alleges that the POA tried to blackmail her in an 
attempt to persuade her to collaborate with them and provide 
information about President Mesic' former advisor , who 
allegedly has links to indicted war criminal Ante Gotovina. 
Puljiz is now planning legal action against the POA for 
violating her human rights.  The independent Council for 
Oversight of the Security Services investigated and -- 
although it doubted the veracity of the POA's version of the 
story -- was unable to find any wrong-doing.  Parliament,s 
Committee for Internal Affairs and National Security also 
reviewed the case, but drew criticism for its weak 
investigation and possibly partisan findings.  On November 
25, Mesic forwarded a request to PM Sanader to dismiss POA 
Director Josek Podbevsek. 
 
2. (C) Human rights organizations and the press are 
criticizing the lack of civilian protection against the POA's 
methods and calling for a legal revamping to better protect 
citizens, human rights - but they are not accusing the GOC 
or the POA of attempting to stifle the media.  While the case 
has snowballed into a political issue ) because of upcoming 
presidential elections and because of institutional 
immaturity - at heart is the POA's methods for gathering 
intelligence.  It also highlights the lack of authority of 
parliamentary bodies to exercise appropriate control over 
security services.  End Summary and Comment. 
 
POA Oversteps Its Limits( 
 
3. (C) Last month, the POA called journalist Puljiz for an 
investigative interview during which officers allegedly 
offered her a newspaper job in return for information about 
Mesic's former advisor Zeljko Bagic and his links to ICTY 
fugitive Ante Gotovina via indicted fugitive tycoon Hrvoje 
Petrac.  When Puljiz demurred, the POA allegedly tried to 
intimidate and blackmail her with compromising tapes of her 
personal life.  Puljiz approached the Council for Oversight 
of the Security Services and requested an investigation. 
However, the Council concluded it could not determine whether 
the POA had violated Puljiz, rights.  Puljiz is now is 
planning legal action against the POA; the Journalist,s 
Association has taken on her cause and a subgroup has 
approached international organizations for assistance calling 
the Council,s work "nontransparent."  Mesic stepped into the 
issue this week by signing a decision to dismiss POA Director 
Josko Podbevsek, stating that the POA infringed upon her 
Constitutional human rights and acted inappropriately in 
gathering information.  PM Sanader,s co-signature is 
required; he has refused to do so, charging that Mesic is 
politicizing the case because earlier this fall Mesic, 
advisor Zeljko Bagic was forced to resign and on November 23 
criminal charges were filed against him. (Reftel) 
 
(And Parliament Steps In 
 
4. (U) Last week Parliament,s National Security and Internal 
Affairs Commission also investigated, but not before GOC 
spokesman/HDZ party spokesman Ratko Macek leaked Commission 
findings stating the POA acted appropriately.  Suspecting 
collusion, opposition members of the Commission charged Macek 
with revealing secret material and questioned his access to 
Commission materials.  Parliament,s Commission also got 
bogged down when one independent MP revealed the sensitive 
contents of the Council's report.  Opposition members slammed 
his unprofessionalism and have called for a Parliamentary 
debate, asserting that so far all have failed to clarify the 
facts. 
 
Oversight Institutions Remain Weak 
 
5. (C) We spoke to Vlatko Cvrtila (strictly protect), 
Director of the Council for Civilian Supervision of Security 
Services about the case.  Cvrtila said that he was not 
satisfied by the POA's non-credible response that it only had 
the investigating officers' notes of the conversation rather 
than a recorded version.  The incident underlines the lack of 
authority of his Council, Cvrtila said.  As neither the 
Council nor Parliament,s Commission have subpoena authority, 
the Council cannot hold the POA accountable if it in fact 
deceived the Council.  The case also demonstrates a lack of 
development of Croatia's parliamentary institutions: given 
Croatia's history of the security services taking on a 
political role, Cvrtila said was important for the parliament 
to assert true civilian supervision over these services to 
ensure their activities are directed against genuine threats. 
 
 As such he criticized Parliament,s President Vladimir Seks 
and its leadership for failing to deal with the political 
"hot potato" of revising the Council,s regulations to 
improve its oversight capabilities and provide it with 
permanent, professional staff. 
 
POA Operated in "Gray Zone" 
 
6. (C) Of equal concern is that this incident reflects a lack 
of professionalism on the part of the POA.  Under Croatian 
law, Puljiz had the right to refuse the POA's interview 
request.  Had she done so, the POA could have sought a court 
order and Puljiz could have had an attorney present. 
However, the POA has no such internal procedures, thus 
officers were able to operate in a gray zone where their 
activities may have been legal, but certainly were 
questionable.  The Centre for Peace Studies, a human rights 
organization, has called for amending the Security Services 
Act to better protect civilians by requiring that the POA 
tell citizens they have a right to refuse an interview and 
requiring that a record of an interview be given to the 
individual for confirmation. 
FRANK 
 
 
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