US embassy cable - 03ZAGREB470

S E C R E T SECTION 01 OF 03 ZAGREB 000470 
 
SIPDIS 
 
C O R R E C T E D COPY (ADDING PRISTINA) 
 
STATE FOR EUR, EUR/SCE, S/WCI 
THE HAGUE FOR JOHNSON/KAYE/WHEATON 
 
E.O. 12958: DECL: 1.6X6: 5 YEARS AFTER CLOSURE OF ICTY 
                          SECRET 
 
PAGE 02        ZAGREB  00470  01 OF 03  052218Z 
TAGS: KAWC, PGOV, PREL, PGOV, PREL, PGOV, PREL, HR, HRKAWC, ICTY, War Crimes 
SUBJECT: OTP BOMBAST ON GOTOVINA / CROATIAN NON-COOPERATION 
ON DOCUMENT SHARING 
 
REF: ZAGREB 305 
 
CLASSIFIED BY: POLOFF ROBERT SILBERSTEIN, REASON 1.6 (X6) 
 
SUMMARY 
------- 
 
1. (S) THOMAS OSORIO (STRICTLY PROTECT), HEAD OF ICTY'S 
ZAGREB OFFICE, TOLD US MARCH 4 THAT RECENT STATEMENTS BY OTP 
SPOKESPERSON HARTMANN AND OTP POLITICAL ADVISOR JORIS 
LAMBASTING THE GOC FOR ITS FAILURE TO CAPTURE ICTY INDICTEE 
ANTE GOTOVINA WERE "UNPROFESSIONAL."  OSORIO TOLD US THAT HE 
HAS SEEN NO CREDIBLE EVIDENCE TO SUPPORT RECENT OTP CLAIMS 
THAT GOTOVINA IS "MOVING FREELY" IN CROATIA.  ACCORDING TO 
OSORIO, THE OTP WAS PREPARED CITE THE GOC FOR NON-COMPLIANCE 
ON TECHNICAL GROUNDS IF CROATIA DID NOT SERVE THE ICTY 
INDICTMENT TO GENERAL BOBETKO, EVEN THOUGH THE ICTY JUDGE WAS 
SET TO RULE THAT THE GENERAL'S HEALTH PRECLUDED A TRIAL. 
WHILE THE OTP'S FRUSTRATION IS UNDERSTANDABLE, MISMANAGEMENT 
OF THE GOTOVINA CASE AND PILING ON OVER BOBETKO UNDERCUTS THE 
ICTY'S CREDIBILITY WITH ITS ALLIES AND STRENGTHENS THE HAND 
OF REJECTIONISTS JUST AS THE TRIBUNAL ENTERS A PERIOD OF 
INCREASING TENSION WITH THE GOC OVER NON-COMPLIANCE WITH 
DOCUMENT REQUESTS RELATED TO CROATIA'S INVOLVEMENT IN BOSNIA 
DURING THE WAR. 
END SUMMARY. 
                          SECRET 
 
PAGE 03        ZAGREB  00470  01 OF 03  052218Z 
 
ANOTHER INTEMPERATE BLAST FROM THE OTP 
-------------------------------------- 
 
2. (C) IN SEPARATE MEDIA INTERVIEWS ON FEBRUARY 27 AND 28, 
OTP SPOKESPERSON FLORENCE HARTMANN AND OTP POLITICAL ADVISOR 
JEAN-JAQUES JORIS ISSUED STATEMENTS SAYING THAT ICTY INDICTEE 
ANTE GOTOVINA WAS "MOVING FREELY IN CROATIA," AND THAT THE 
GOC FAILED TO USE THE NUMEROUS OPPORTUNITIES IT HAD TO CATCH 
THE FUGITIVE.  JORIS WENT ON TO ADD THAT THE OTP HAD PROVIDED 
"EVIDENCE" TO THE GOC ON GOTOVINA, BUT YET THE GOC FAILED TO 
ACT.  BOTH HARTMANN AND JORIS ALSO OPENLY CRITICIZED CROATIAN 
COOPERATION ON DOCUMENT SHARING, HIGHLIGHTING SPECIFICALLY 
ITS FAILURE TO DELIVER BOSNIA-RELATED DOCUMENTS DESPITE 
NUMEROUS ICTY REQUESTS. 
 
3. (C) ON MARCH 3, WE MET WITH CROATIAN POLICE DIRECTOR RANKO 
OSTOJIC TO DISCUSS THE GOTOVINA CASE.  OSTOJIC REPEATED HIS 
MANTRA THAT THE POLICE FAITHFULLY FOLLOW UP ON EVERY LEAD, 
BUT ACTIONABLE EVIDENCE HAS NEVER BEEN PROVIDED (OR DEVELOPED 
BY THE CROATIANS).  A SPECIAL POLICE UNIT HAS GOTOVINA'S 
FAMILY AND CLOSE ASSOCIATES UNDER SURVEILLANCE.  OSTOJIC, 
HOWEVER, CATEGORICALLY REFUTED JORIS' CHARGE ON GOTOVINA. 
NEITHER HE, NOR AMBASSADOR KRNIC, THE HEAD OF THE GOC OFFICE 
FOR COOPERATION WITH ICTY, WHO RECENTLY VISITED THE HAGUE ON 
CONSULTATIONS, HAD RECEIVED ANY INFORMATION FROM THE OTP ON 
GOTOVINA'S WHEREABOUTS. 
 
4. (SBU) PUBLICLY, THE GOC HAS DENIED THAT THERE IS ANY BREAK 
IN CROATIA'S COOPERATION WITH THE ICTY.  PRIME MINISTER RACAN 
COMMENTED THAT, "FOR VARIOUS REASONS," PEOPLE ARE ATTEMPTING 
                          SECRET 
 
PAGE 04        ZAGREB  00470  01 OF 03  052218Z 
"TO FABRICATE" A CONFLICT BETWEEN ICTY AND THE GOC. 
 
OTP NOT PROFESSIONAL 
-------------------- 
 
5. (S) IN LIGHT OF THE WAR OF WORDS BETWEEN THE OTP AND THE 
GOC, THE APPARENT DISCONNECT BETWEEN THE OTP AND THE GOC OVER 
INFORMATION SHARING AND OUR CONCERNS -- EXPRESSED REFTEL -- 
THAT THE OTP DOES NOT HAVE A COHERENT STRATEGY FOR DEALING 
WITH CROATIA, WE MET MARCH 4 WITH ICTY ZAGREB OFFICE HEAD 
THOMAS OSORIO (STRICTLY PROTECT THROUGHOUT).  WHILE CALLING 
THE OTP'S HANDLING OF THE GOTOVINA CASE AMATEURISH, OSORIO 
CONFIRMED THAT THE OTP'S COMPLAINTS ABOUT GOC DOCUMENT 
SHARING ARE VALID AND ARE REACHING CRISIS LEVELS. 
 
6. (S) ON GOTOVINA, THE OTP IS ITS OWN WORST ENEMY, OSORIO 
SAID.  AS FAR AS HE KNOWS, THERE IS NO NEW CREDIBLE 
INFORMATION AVAILABLE DEMONSTRATING GOTOVINA'S PRESENCE IN 
CROATIA.  THERE WERE REPORTED SIGHTINGS OF GOTOVINA IN ZAGREB 
AROUND CHRISTMAS.  HOWEVER, THE OTI INVESTIGATORS, WHO 
DEVELOPED THE LEAD FROM INTERVIEWS WITH OTHER CROATIAN WAR 
CRIMES SUSPECTS, ONLY PROVIDED THE INFORMATION TO THE 
CROATIAN POLICE WELL AFTER THE FACT.  BY THAT TIME, THE LEAD 
-- IF INDEED IT EVER WAS CREDIBLE -- HAD GONE STALE. THIS 
ERROR WAS PART OF A CONTINUING TREND AMONG OTP OFFICIALS WHO 
 
                          SECRET 
 
                              SECRET        PTQ5115 
 
PAGE 01        ZAGREB  00470  02 OF 03  052222Z 
ACTION SWCI-00 
 
INFO  LOG-00   COR-01   NP-00    AF-00    AID-00   AMAD-00  CIAE-00 
      INL-00   USNW-00  DODE-00  DOEE-00  PERC-00  SRPP-00  DS-00 
      EAP-00   EUR-00   FBIE-00  VC-00    IPS-01   TEDE-00  INR-00 
      IO-00    LAB-01   L-00     VCE-00   AC-01    NSAE-00  NSCE-00 
      OIC-02   OMB-01   PA-00    PM-00    PRS-00   ACE-00   P-00 
      SCT-00   SP-00    SSO-00   TRSE-00  USIE-00  PMB-00   DSCC-00 
      PRM-00   DRL-01   G-00     NFAT-00  SAS-00     /008W 
                  ------------------3FB428  052223Z /38 
O 041825Z MAR 03 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC IMMEDIATE 9595 
INFO AMEMBASSY LONDON IMMEDIATE 
AMEMBASSY MOSCOW IMMEDIATE 
AMEMBASSY SARAJEVO IMMEDIATE 
AMEMBASSY THE HAGUE IMMEDIATE 
USMISSION USUN NEW YORK IMMEDIATE 
USMISSION USNATO IMMEDIATE 
USOFFICE PRISTINA IMMEDIATE 
 
S E C R E T SECTION 02 OF 03 ZAGREB 000470 
 
SIPDIS 
 
C O R R E C T E D COPY (ADDING PRISTINA) 
 
STATE FOR EUR, EUR/SCE, S/WCI 
THE HAGUE FOR JOHNSON/KAYE/WHEATON 
 
E.O. 12958: DECL: 1.6X6: 5 YEARS AFTER CLOSURE OF ICTY 
                          SECRET 
 
PAGE 02        ZAGREB  00470  02 OF 03  052222Z 
TAGS: KAWC, ICTY, PGOV, PREL, HR 
SUBJECT: OTP BOMBAST ON GOTOVINA / CROATIAN NON-COOPERATION 
ON DOCUMENT SHARING 
 
REFUSE TO VERIFY INFORMATION WITH THE LOCAL ZAGREB OFFICE 
WHICH HAS BEEN COORDINATING THE GOTOVINA INVESTIGATION WITH 
THE CROATIAN POLICE FROM THE OUTSET.  INSTEAD, OTI 
INVESTIGATORS PASS ON THOSE ERRONEOUS, STALE OR CIRCULAR 
LEADS TO JORIS, HARTMANN AND DEL PONTE AS FACT.  OSORIO SAID 
THAT HE URGENTLY CONTACTED OTP ADVISOR ANTON NIKIFOROV TO 
INTERCEDE WITH HARTMANN AND JORIS TO CORRECT THE RECORD.  HE 
ALSO ASKED THAT NIKOFOROV ENSURE THAT ANY FUTURE STATEMENTS 
ON GOTOVINA ARE SUPPORTED BY INCONTROVERTIBLE FACT. 
 
DOCUMENT SHARING: REAL GOC "NON-COMPLIANCE"? 
-------------------------------------------- 
 
7. (S) OSORIO SAYS THAT THE OTP VIEW OF CROATIAN COOPERATION 
ON DOCUMENT SHARING HAS CHANGED DRAMATICALLY FOR THE WORSE 
SINCE LAST OCTOBER, WHEN DEL PONTE TOLD THE UNSC THAT SHE WAS 
SATISFIED WITH CROATIAN COOPERATION.  OVER THE PAST FEW 
MONTHS, THE OTP HAS CONDUCTED A COMPREHENSIVE INFORMATION 
AUDIT AND HAS DETERMINED THAT THE GOC IS SUBSTANTIALLY 
LAGGING IN RESPONDING TO DOCUMENT REQUESTS ON A WIDE RANGE OF 
ISSUES.  AS REPORTED REFTEL, THE MAJOR GOC FAILING CONTINUES 
TO BE THE PROVISION OF DOCUMENTS ON CROATIAN INVOLVEMENT IN 
THE WAR IN BOSNIA. 
 
8. (S) WE ASKED OSORIO TO ADDRESS THE CROATIAN ARGUMENT, NOW 
BANDIED IN THE LOCAL MEDIA, THAT OTP DOCUMENT REQUESTS ARE 
TOO BROAD.  OSORIO SAID THAT SUCH CHARGES ARE FALSE. 
                          SECRET 
 
PAGE 03        ZAGREB  00470  02 OF 03  052222Z 
INVESTIGATORS ARE PUTTING TOGETHER THE FINAL PIECES OF THEIR 
CASES AND KNOW EXACTLY WHAT THEY ARE LOOKING FOR, HE SAID. 
IN THE CASE OF THE BOSNIA, REQUESTS ARE VERY DETAILED, EVEN 
TO THE POINT WHERE INVESTIGATORS ARE SEEKING SPECIFIC 
TRANSCRIPTS OF CONVERSATIONS OF PRESIDENT TUDJMAN AND 
THEN-DEFENSE MINISTER GOJKO SUSAK FROM 1993.  THESE 
TRANSCRIPTS REPORTEDLY SHOW TUDJMAN DECIDING WHICH OFFICIALS 
SHOULD BE APPOINTED TO THE CROATIAN PARA-GOVERNMENT OF 
HERCEG-BOSNA AND ORDERING SPECIFIC UNITS OF THE CROATIAN 
MILITARY (HV) TO ENTER AND FIGHT IN BOSNIA.  ACCORDING TO 
OSORIO, IN ONE CASE, THE TRIBUNAL HAS A COPY OF SUCH A 
TRANSCRIPT AND MERELY ARE SEEKING A CERTIFIED COPY FOR 
EVIDENTIARY PURPOSES.  OSORIO SAID THAT THE GOC ALSO HAS 
FAILED TO PROVIDE BANK RECORDS RELATED TO THE TRANSFER OF 
FUNDING THROUGH PRIVREDNA BANKA TO SUPPORT HV AND HVO 
OPERATIONS IN BOSNIA. 
 
9. (S) ON JANUARY 30, DEL PONTE WROTE A LETTER TO DEPUTY 
PREMIER GORAN GRANIC, IN WHICH, ACCORDING TO OSORIO, THE ICTY 
CHIEF PROSECUTOR READ THE GOC "THE RIOT ACT."  THE LETTER 
STATES THAT THE OTP IS "CONCERNED AND DISAPPOINTED" THAT 
DOCUMENTS "ARE BEING WITHHELD" AND THAT CROATIA IS "NOT IN 
COMPLIANCE" WITH ITS UNSC AND DAYTON OBLIGATIONS ON THE 
PROVISION OF BIH DOCUMENTATION.  THE JANUARY 30 LETTER STATES 
THAT IF THE GOC DOES NOT HAND OVER THE DOCUMENTS IN QUESTION 
BY APRIL 4, THE OTP WILL REQUEST THAT A JUDGE SUBPOENA THEM. 
THE OTP ALSO WILL ASK THE JUDGE TO ISSUE A SEARCH WARRANT, 
ARMED WITH WHICH ICTY OFFICIALS WOULD APPROACH PRIVREDNA 
BANKA TO OPEN ITS ARCHIVES.  ADDITIONALLY, THE OTP WILL 
PETITION THE JUDGE TO SUBPOENA THE GOC -- EITHER GRANIC OR 
KRNIC -- TO EXPLAIN TO THE TRIBUNAL CROATIAN NON-COMPLIANCE. 
                          SECRET 
 
PAGE 04        ZAGREB  00470  02 OF 03  052222Z 
THE ACT OF SUBPOENAING WOULD TRIGGER A REPORT OF 
NON-COMPLIANCE TO THE UNSC, OSORIO ADDED. 
 
10. (S) GRANIC REPLIED TO DEL PONTE IN MID-FEBRUARY, 
AFFIRMING THAT THE GOC WOULD MAKE ITS "BEST EFFORT" TO FIND 
THE DOCUMENTS IN QUESTION, BUT SOME DOCUMENTS "DID NOT 
EXIST."  OTHER DOCUMENTS WOULD NOT BE "EASY TO FIND" BECAUSE 
THE INFORMATION THAT THE OTP PROVIDED WAS NOT SPECIFIC 
ENOUGH.  WITH REGARD TO THE BANK DOCUMENTS, GRANIC SAID THAT 
GOC EFFORTS TO PROVIDE THE DOCUMENTS WERE COMPLICATED BY 
CROATIAN BANK SECRECY LAWS. 
 
11. (S) WHILE OSORIO COULD NOT CONFIRM WHY THE GOC WAS 
WITHHOLDING THE DOCUMENTS -- IT IS COMMON KNOWLEDGE THAT HV 
UNITS FOUGHT IN BOSNIA DURING THE WAR -- OSORIO AGREED WITH 
US THAT ONE POSSIBLE MOTIVE COULD BE GOC FEAR THAT THE 
DOCUMENTS WOULD CONFIRM DIRECT CROATIAN INTERVENTION IN 
BOSNIA FROM THE OUTSET OF THE WAR AS WELL AS THE INTENTION OF 
PRESIDENT TUDJMAN TO CARVE OUT OF BOSNIA AN ETHNICALLY PURE 
INDEPENDENT CROATIAN ENTITY.  OSORIO BELIEVED THESE FACTS 
WOULD PROVIDE SUFFICIENT BASIS FOR THE GOBIH TO FILE A STRONG 
SUIT AGAINST CROATIA FOR WAR REPARATIONS BEFORE THE 
INTERNATIONAL COURT OF JUSTICE. 
 
BOBETKO CASE STILL SIMMERING 
 
                          SECRET 
 
                              SECRET        PTQ5124 
 
PAGE 01        ZAGREB  00470  03 OF 03  052224Z 
ACTION SWCI-00 
 
INFO  LOG-00   COR-01   NP-00    AF-00    AID-00   AMAD-00  CIAE-00 
      INL-00   USNW-00  DODE-00  DOEE-00  PERC-00  SRPP-00  DS-00 
      EAP-00   EUR-00   FBIE-00  VC-00    IPS-01   TEDE-00  INR-00 
      IO-00    LAB-01   L-00     VCE-00   AC-01    NSAE-00  NSCE-00 
      OIC-02   OMB-01   PA-00    PM-00    PRS-00   ACE-00   P-00 
      SCT-00   SP-00    SSO-00   TRSE-00  USIE-00  PMB-00   DSCC-00 
      PRM-00   DRL-01   G-00     NFAT-00  SAS-00     /008W 
                  ------------------3FB45A  052224Z /38 
O 041825Z MAR 03 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC IMMEDIATE 9596 
INFO AMEMBASSY LONDON IMMEDIATE 
AMEMBASSY MOSCOW IMMEDIATE 
AMEMBASSY SARAJEVO IMMEDIATE 
AMEMBASSY THE HAGUE IMMEDIATE 
USMISSION USUN NEW YORK IMMEDIATE 
USMISSION USNATO IMMEDIATE 
USOFFICE PRISTINA IMMEDIATE 
 
S E C R E T SECTION 03 OF 03 ZAGREB 000470 
 
SIPDIS 
 
C O R R E C T E D COPY (ADDING PRISTINA) 
 
STATE FOR EUR, EUR/SCE, S/WCI 
THE HAGUE FOR JOHNSON/KAYE/WHEATON 
 
E.O. 12958: DECL: 1.6X6: 5 YEARS AFTER CLOSURE OF ICTY 
                          SECRET 
 
PAGE 02        ZAGREB  00470  03 OF 03  052224Z 
TAGS: KAWC, ICTY, PGOV, PREL, HR 
SUBJECT: OTP BOMBAST ON GOTOVINA / CROATIAN NON-COOPERATION 
ON DOCUMENT SHARING 
 
---------------------------- 
 
12. (S) OSORIO DESCRIBED DEL PONTE AS BEING FRUSTRATED WITH 
BOTH THE ICTY PRESIDING JUDGE AND THE GOC ON THE BOBETKO 
CASE.  DEL PONTE IS "PISSED OFF" WITH THE PRESIDING JUDGE 
BECAUSE HE HAS NOT RULED ON THE MEDICAL EXPERT TEAM'S REPORT 
ON GENERAL BOBETKO AND ON THE GENERAL'S FITNESS TO STAND 
TRIAL.  THE OTP'S EXPECTATION STILL IS THAT THE JUDGE WILL 
RULE THAT BOBETKO IS UNFIT. 
 
13. (S) AT THE SAME TIME, DEL PONTE IS FURIOUS AT THE 
CROATIAN COURTS FOR NOT ORDERING THAT THE BOBETKO INDICTMENT 
BE DELIVERED TO THE ACCUSED OR TO HIS LAWYERS, AS IS 
SPECIFIED UNDER CROATIAN LAW.  POINTING TO A FEBRUARY 13 
LOCAL PRESS REPORT IN WHICH BOBETKO RECEIVED LOCAL HDZ 
OFFICIALS IN THE HOSPITAL, OSORIO SAID THAT IF BOBETKO IS FIT 
ENOUGH TO RECEIVE LOCAL GUESTS, HE IS FIT ENOUGH TO RECEIVE 
THE INDICTMENT.  THE OTP IS PREPARING A REQUEST TO THE GOC 
THAT IT -- AS THE OTP'S LOCAL AGENT -- FILE A MOTION BEFORE 
THE PRESIDING ZAGREB JUDGE TO REQUEST HIM TO SERVE THE 
INDICTMENT TO BOBETKO OR HIS LEGAL REPRESENTATIVES.  FAILURE 
OF THE GOC TO ACT ON THE OTP'S BEHALF WOULD BE ANOTHER REASON 
TO CITE CROATIA FOR NON-COMPLIANCE, OSORIO SAID.  WHILE HE 
ACKNOWLEDGED THAT SOME COULD PERCEIVE THIS APPROACH AS "SOUR 
GRAPES," HE SAID IT WAS AN IMPORTANT POINT OF PRINCIPAL THAT 
STATES COMPLY FULLY WITH ALL THEIR OBLIGATIONS.  THIS IS ONE 
SUCH CASE. 
                          SECRET 
 
PAGE 03        ZAGREB  00470  03 OF 03  052224Z 
 
COMMENT 
------- 
 
14. (C) THE OTP'S PREDILECTION TO ISSUE UNSUBSTANTIATED 
STATEMENTS ON GOTOVINA'S WHEREABOUTS AND ITS LACK OF 
CONSULTATION WITH ITS OWN EXPERTS ON THE GROUND DAMAGES THE 
OTP'S CREDIBILITY WITH THE ICTY'S INTERNATIONAL SUPPORTERS, 
PARTICULARLY WITH US AND THE BRITISH.  THE OTP MUST MAKE 
CLEAR TO US WHAT EVIDENCE IT HAS ON GOTOVINA.  MORE BROADLY, 
IT MUST DO A FAR BETTER JOB IN MANAGING ITS CROATIA PORTFOLIO 
IF WE ARE TO WEIGH IN EFFECTIVELY ON ICTY'S BEHALF WITH 
RECALCITRANT GOC OFFICIALS. 
 
15. (C) THE OTP'S MISHANDLING OF THE GOTOVINA CASE THREATENS 
TO OVERSHADOW WHAT APPEARS TO BE SERIOUS CROATIAN 
NON-COMPLIANCE OVER DOCUMENT SHARING.  THE OTP'S 
UNPROFESSIONAL BEHAVIOR ON GOTOVINA DIMINISHES THE 
INSTITUTION, WEAKENS THE FEW PROFESSIONALS IN CROATIA INTENT 
ON CAPTURING THE FUGITIVE, AND STRENGTHENS THE HAND OF THE 
MANY HERE THAT ARGUE THAT ICTY IS ONLY PURSUING A PURELY 
POLITICAL AGENDA. 
ROSSIN 
 
                          SECRET 
 
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