US embassy cable - 03ZAGREB680

C O N F I D E N T I A L SECTION 01 OF 04 ZAGREB 000680 
 
SIPDIS 
 
STATE FOR S/WCI, EUR/SCE, INL/AAE, EUR/ACE, AND DRL 
JUSTICE FOR OPDAT AND ICITAP 
SARAJEVO FOR KONTOS AND TILMAN 
BELGRADE FOR BROWN 
                       CONFIDENTIAL 
 
PAGE 02        ZAGREB  00680  01 OF 04  260700Z 
THE HAGUE FOR JOHNSON/KAYE/WHEATON 
 
E.O. 12958: DECL: 03/25/2013 
TAGS: KAWC, KJUS, PREL, KAWC, KJUS, PREL, KAWC, KJUS, PREL, KAWC, KJUS, PREL, HR, HRICTY, UNSC, War Crimes 
SUBJECT: CROATIA WAR CRIMES: GOSPIC CASE ENDS IN CONVICTION 
 
REF: A. 02 ZAGREB 2853 
     B. 02 ZAGREB 2451 
 
CLASSIFIED BY: POLOFF ROBERT SILBERSTEIN, REASON 1.5 (B) AND (D) 
 
SUMMARY 
------- 
 
1. (C) ON MARCH 24, THE RIJEKA COUNTY COURT FOUND FORMER 
CROATIAN ARMY GENERAL MIRKO NORAC AND TWO CO-CONSPIRATORS 
GUILTY OF INDIVIDUAL AND COMMAND RESPONSIBILITY IN THE MURDER 
OF OVER 50 ETHNIC SERBS AND CROAT CIVILIANS IN THE TOWN OF 
GOSPIC IN 1991.  THE LANDMARK VERDICT, WHICH THE SUPREME 
COURT WILL HEAR ON DEFENSE APPEAL, MARKS THE FIRST TIME THAT 
SENIOR CROATIAN MILITARY OFFICIALS HAVE BEEN CONVICTED IN A 
CROATIAN COURT FOR WAR CRIMES.  CROATIA'S RIGHT WING -- 
INCLUDING HDZ PRESIDENT SANADER -- CONDEMNED THE DECISION; 
PRIME MINISTER RACAN AND VIRTUALLY THE REST OF THE GOC 
COALITION OFFERED NO COMMENT.  THE ICTY, WHICH CONTINUES TO 
HAVE INTEREST IN NORAC FOR HIS ROLE IN WAR CRIMES COMMITTED 
DURING THE 1993 MEDAK POCKET OPERATION, TELLS US IT WELCOMES 
THE RULING. 
 
2. (C) THE GOSPIC RULING IS A WELCOME TONIC AFTER THE SERIES 
OF FAILURES TO CONVICT ETHNIC CROAT WAR CRIMES PERPETRATORS 
                       CONFIDENTIAL 
 
PAGE 03        ZAGREB  00680  01 OF 04  260700Z 
IN OTHER JURISDICTIONS IN CROATIA, MOST NOTABLY THE LORA WAR 
CRIMES CASE IN SPLIT (REFTELS).  THE CREDIT FOR THE SUCCESS 
GOES TO JUDGE SARIC AND A FEW DETERMINED PROSECUTORS AND 
INVESTIGATORS.  WITHOUT INTENSIVE AND SUSTAINED REFORM TO 
OVERCOME BIASED JUDGES, WITNESS INTIMIDATION, DELIBERATE 
OBSTRUCTION OF JUSTICE, POLITICAL OPPOSITION AND A FLAWED 
CRIMINAL CODE, THE GOSPIC CASE LIKELY WILL REMAIN THE 
EXCEPTION, NOT THE RULE.  WE WILL CONTINUE TO ENGAGE WITH THE 
GOC TO DEVELOP A ROAD MAP FOR HOW WE CAN SUPPORT THE EFFORTS 
OF REFORMERS IN THIS DIFFICULT PROCESS, WHICH IS NECESSARY 
FOR THE ESTABLISHMENT OF FULL RULE OF LAW AND DEMOCRATIC 
NORMS IN CROATIA.  END SUMMARY. 
 
A LANDMARK RULING 
----------------- 
 
3. (C) ON MARCH 24, RIJEKA COUNTY COURT JUDGE IKA SARIC, 
SENTENCED FORMER CROATIAN GENERAL MIRKO NORAC, LOCAL CIVILIAN 
LEADER TIHOMIR ORESKOVIC, AND FORMER CROATIAN ARMY COLONEL 
STJEPAN GRANDIC TO 12, 15 AND 10 YEARS OF PRISON, 
RESPECTIVELY, FOR THEIR ROLES IN ORGANIZING AND MURDERING AT 
LEAST 42 ETHNIC SERB AND ETHNIC CROATS IN THE TOWN OF GOSPIC 
IN 1991.  THE CASE MARKS THE FIRST TIME SENIOR CROATIAN 
MILITARY OFFICIALS WERE CONVICTED OF WAR CRIMES IN A LOCAL 
PROSECUTION.  A FOURTH INDICTEE, IVICA ROZIC, WAS ACQUITTED 
DUE TO LACK OF EVIDENCE, WHILE THE PROSECUTION DROPPED 
CHARGES AGAINST A FIFTH INDICTEE, MILAN CANIC, IN MID-MARCH. 
(IMMEDIATELY FOLLOWING HIS ACQUITTAL, THE GOSPIC PROSECUTOR'S 
OFFICE INDICTED ROZIC FOR PLANTING 13 EXPLOSIVE DEVICES IN 
THE HOMES OF ETHNIC SERB RETURNEES FROM 1996 TO 1998, KILLING 
SIX.  CROATIAN DIRECTOR GENERAL OF POLICE RANKO OSTOJIC TOLD 
                       CONFIDENTIAL 
 
PAGE 04        ZAGREB  00680  01 OF 04  260700Z 
US THAT THE POLICE BELIEVE ROZIC ALSO IS RESPONSIBLE FOR THE 
AUGUST 2000 MURDER OF ICTY WITNESS MILAN LEVAR, ALTHOUGH THEY 
HAVE INSUFFICIENT EVIDENCE TO PROSECUTE HIM.) 
 
4. (SBU) DEFENSE ATTORNEYS SAID THEY WOULD APPEAL THE CASE TO 
THE SUPREME COURT, ARGUING THAT THERE WAS INSUFFICIENT 
EVIDENCE TO CONVICT THE SUSPECTS.  THE SUPREME COURT HAS THE 
RIGHT TO ANNUL THE VERDICT OR TO REDUCE (OR INCREASE) THE 
SENTENCE.  DORIS HRAST, LEAD PROSECUTOR IN THE CASE, TOLD US 
THAT THE PROSECUTION WOULD APPEAL THE ROZIC ACQUITTAL AND 
ARGUE THAT THE SUPREME COURT UPHOLD THE SENTENCES AGAINST THE 
OTHER THREE FELONS.  THERE IS NO INDICATION AS TO WHEN THE 
SUPREME COURT MIGHT ISSUE ITS VERDICT -- PROSECUTION APPEALS 
IN OTHER WAR CRIMES CASES HAVE BEEN PENDING FOR OVER FIFTEEN 
MONTHS.  COUNTING THE TWO-PLUS YEARS NORAC SERVED IN 
DETENTION AWAITING AND DURING TRIAL, HE WILL BE ELIGIBLE FOR 
PAROLE IN FIVE YEARS (AFTER HALF THE SENTENCE IS SERVED). 
 
IF ALL CROATIAN JUDGES WERE LIKE SARIC... 
----------------------------------------- 
 
5. (SBU) JUDGE SARIC WITHSTOOD WITHERING RIGHT WING 
INTIMIDATION AND DEATH THREATS DURING THE COURSE OF THE 
TWO-YEAR TRIAL TO DELIVER A FAIR BUT FIRM DECISION.  READING 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ1803 
 
PAGE 01        ZAGREB  00680  02 OF 04  260700Z 
ACTION SWCI-00 
 
INFO  LOG-00   NP-00    AF-00    AMAD-00  ACQ-00   CIAE-00  INL-00 
      USNW-00  DODE-00  SRPP-00  DS-00    EAP-00   EUR-00   VC-00 
      TEDE-00  INR-00   IO-00    LAB-01   L-00     VCE-00   AC-01 
      NSAE-00  NSCE-00  OIC-02   OMB-01   DHS-00   PA-00    PM-00 
      PRS-00   ACE-00   P-00     SSO-00   SS-00    TRSE-00  T-00 
      USIE-00  R-00     PMB-00   DSCC-00  PRM-00   DRL-01   G-00 
      NFAT-00  SAS-00     /006W 
                  ------------------4AD0C4  260701Z /38 
P 260700Z MAR 03 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC PRIORITY 9817 
INFO AMEMBASSY BELGRADE PRIORITY 
AMEMBASSY LJUBLJANA PRIORITY 
AMEMBASSY LONDON PRIORITY 
AMEMBASSY SARAJEVO PRIORITY 
AMEMBASSY THE HAGUE PRIORITY 
DEPT OF JUSTICE WASHDC PRIORITY 
USMISSION USNATO PRIORITY 
USMISSION USOSCE PRIORITY 
USMISSION USUN NEW YORK PRIORITY 
 
C O N F I D E N T I A L SECTION 02 OF 04 ZAGREB 000680 
 
SIPDIS 
 
STATE FOR S/WCI, EUR/SCE, INL/AAE, EUR/ACE, AND DRL 
JUSTICE FOR OPDAT AND ICITAP 
SARAJEVO FOR KONTOS AND TILMAN 
BELGRADE FOR BROWN 
                       CONFIDENTIAL 
 
PAGE 02        ZAGREB  00680  02 OF 04  260700Z 
THE HAGUE FOR JOHNSON/KAYE/WHEATON 
 
E.O. 12958: DECL: 03/25/2013 
TAGS: ICTY, KAWC, KJUS, PREL, UNSC, HR 
SUBJECT: CROATIA WAR CRIMES: GOSPIC CASE ENDS IN CONVICTION 
 
HER VERDICT TO A COURTROOM PACKED WITH NORAC SUPPORTERS AND 
500 RIGHT-WING PROTESTORS OUTSIDE THE COURTHOUSE, SARIC MADE 
A POINT OF READING THE NAME OF EVERY VICTIM, EMPHASIZING THAT 
THEY WERE ALL LOYAL TO THE CROATIAN STATE.  SHE EMPHASIZED 
THAT THERE WAS NO JUSTIFICATION WHATSOEVER FOR THEIR 
"LIQUIDATION."   APOLOGIZING TO THE FAMILIES OF THE VICTIMS, 
SARIC SAID THAT SHE HOPED THE SENTENCE WOULD BRING THEM SOME 
COMFORT.  SHE RECOMMENDED TO THE PROSECUTION THAT OTHERS WHO 
PARTICIPATED IN PLANNING AND EXECUTING THE CRIMES BE TRIED AS 
WELL.  (ACCORDING TO VARIOUS WITNESSES, UP TO 15 PERSONS 
PARTICIPATED IN THE MEETING THAT ORESKOVIC AND NORAC CHAIRED 
IN WHICH ETHNIC SERB AND ETHNIC CROAT NON-COMBATANTS IN THE 
GOSPIC AREA WERE MARKED FOR EXECUTION.)  AT THE SAME TIME, 
SARIC SAID THAT MITIGATING CIRCUMSTANCES -- NORAC'S YOUTH AND 
INEXPERIENCE, HIS RECORD OF "VALOR" IN DEFENSE OF GOSPIC, AND 
PRIOR SERB WAR CRIMES AGAINST ETHNIC CROATS -- COMPELLED HER 
NOT TO EXTEND THE MAXIMUM PUNISHMENT OF TWENTY YEARS AGAINST 
THE THREE CONVICTED DEFENDANTS.  (WHILE A MODEST SENTENCE BY 
U.S. STANDARDS, THE GOSPIC VERDICT WAS IN LINE WITH STANDARDS 
BOTH LOCALLY AND ELSEWHERE IN EUROPE.) 
 
CROATIAN POLITICIANS, ICTY REACT 
-------------------------------- 
 
6. (SBU) POLITICIANS OF ALL STRIPES IGNORED JUDGE SARIC'S 
                       CONFIDENTIAL 
 
PAGE 03        ZAGREB  00680  02 OF 04  260700Z 
MESSAGE THAT CROATIANS NEED TO BEAR RESPONSIBILITY FOR WAR 
CRIMES THEY COMMITTED.  CALLING NORAC A "GREAT CONTRIBUTOR TO 
THE DEFENSE OF THE HOMELAND," HDZ PRESIDENT IVO SANADERS SAID 
THAT HE RECEIVED THE VERDICT WITH GREAT "SORROW."  HE SAID HE 
WAS "HOPEFUL" THAT "TRUTH AND JUSTICE" WOULD PREVAIL IN THE 
SUPREME COURT.  SANADER CRITICIZED THE GOC FOR FOMENTING A 
CLIMATE THAT "CRIMINALIZES BOTH WAR VETERANS AND CROATIA'S 
INDEPENDENCE WAR."  (COMMENT:  BY PLAYING TO THE NATIONALIST 
RIGHT YET AGAIN, SANADER MISSED AN OPPORTUNITY TO DEMONSTRATE 
THAT HE IS SINCERE IN HIS ATTEMPTS TO MODERNIZE AND TRANSFORM 
THE HDZ.  WE HAVE LET THE HDZ KNOW OF OUR DISAPPOINTMENT AND 
OUR RESOLVE NOT TO GIVE SANADER THE VALIDATION HE SEEKS FROM 
US UNLESS HIS PUBLIC RHETORIC MATCHES HIS PRIVATE ASSURANCES 
OF REFORM.  END COMMENT.) 
 
7. (SBU) PRIME MINISTER RACAN AND OTHER LEADING COALITION 
FIGURES REFUSED TO COMMENT ON THE JUDGMENT, BUT CALLED ON 
CROATIANS TO RESPECT THE JUDICIAL PROCESS AND NOT TAKE TO THE 
STREETS IN PROTEST.  HE SAID THAT THE PROCESS "CONFIRMED THAT 
CROATIA IS A STATE IN WHICH RULE OF LAW PREVAILS."  ONLY IVO 
BANAC, PRESIDENT OF THE TINY COALITION LIBERAL PARTY (LS), 
HAD THE COURAGE TO STATE THAT CRIMES WERE COMMITTED IN GOSPIC 
AND THAT THE RIJEKA COURT'S RULING DEMONSTRATES THE 
SERIOUSNESS OF THOSE CRIMES. 
 
8. (C) ICTY ZAGREB HEAD OF OFFICE THOMAS OSORIO TOLD US THAT 
ICTY PRIVATELY WELCOMED THE RULING, ALTHOUGH IT WOULD REFRAIN 
FROM PUBLIC COMMENT, AT THE VERY LEAST UNTIL IT HAS A CHANCE 
TO READ AND REVIEW SARIC'S WRITTEN VERDICT.  (THE WRITTEN 
VERDICT IS NOT EXPECTED FOR AT LEAST A MONTH).  DESPITE THE 
GOSPIC CASE RULING, ICTY STILL MAY INDICT NORAC FOR HIS ROLE 
                       CONFIDENTIAL 
 
PAGE 04        ZAGREB  00680  02 OF 04  260700Z 
IN WAR CRIMES COMMITTED BY THE CROATIAN MILITARY DURING THE 
1993 "MEDAK POCKET" OPERATION, OSORIO SAID.  ACCORDING TO 
CROATIAN PROSECUTOR HRAST, THERE IS NO LEGAL OBSTACLE TO 
NORAC SERVING HIS CROATIAN SENTENCE WHILE AWAITING TRIAL IN 
THE HAGUE. 
 
IMPLICATION FOR LOCAL PROSECUTIONS 
---------------------------------- 
 
9. (C) RACAN AND OTHER GOC OFFICIALS ARGUE THAT THE GOSPIC 
CASE DEMONSTRATES THAT CROATIAN COURTS ARE CAPABLE OF 
DELIVERING JUSTICE IN HIGHLY SENSITIVE WAR CRIMES CASES. 
HOWEVER, NOT TO DETRACT AT ALL FOR THE REAL COURAGE OF JUDGE 
SARIC AND OTHER INVOLVED IN BRINGING A HIGHLY COMPLEX AND 
SENSITIVE CASE TO A SUCCESSFUL CONCLUSION, GOSPIC REMAINS THE 
EXCEPTION, NOT THE RULE IN CROATIAN JURISPRUDENCE. 
 
10. (C) AS REPORTED REFTELS, OTHER WAR CRIMES CASES AGAINST 
ETHNIC CROATS -- SUCH AS THE NOTORIOUS LORA CASE -- HAVE 
ENDED IN FIASCO.  CHIEF PROSECUTOR MLADEN BAJIC RECENTLY 
COMPLAINED TO US THAT LOCAL POLICE OFFICERS INCREASINGLY ARE 
OBSTRUCTING NEW WAR CRIMES INVESTIGATIONS AGAINST ETHNIC 
CROATS.  BAJIC ADDED THAT HE FINDS IT INCREASINGLY DIFFICULT 
TO CONTROL HIS LOCAL PROSECUTORS IN WAR-AFFECTED AREAS SUCH 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ1808 
 
PAGE 01        ZAGREB  00680  03 OF 04  260701Z 
ACTION SWCI-00 
 
INFO  LOG-00   NP-00    AF-00    AMAD-00  ACQ-00   CIAE-00  INL-00 
      USNW-00  DODE-00  SRPP-00  DS-00    EAP-00   EUR-00   VC-00 
      TEDE-00  INR-00   IO-00    LAB-01   L-00     VCE-00   AC-01 
      NSAE-00  NSCE-00  OIC-02   OMB-01   DHS-00   PA-00    PM-00 
      PRS-00   ACE-00   P-00     SSO-00   SS-00    TRSE-00  T-00 
      USIE-00  R-00     PMB-00   DSCC-00  PRM-00   DRL-01   G-00 
      NFAT-00  SAS-00     /006W 
                  ------------------4AD0DA  260701Z /38 
P 260700Z MAR 03 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC PRIORITY 9818 
INFO AMEMBASSY BELGRADE PRIORITY 
AMEMBASSY LJUBLJANA PRIORITY 
AMEMBASSY LONDON PRIORITY 
AMEMBASSY SARAJEVO PRIORITY 
AMEMBASSY THE HAGUE PRIORITY 
DEPT OF JUSTICE WASHDC PRIORITY 
USMISSION USNATO PRIORITY 
USMISSION USOSCE PRIORITY 
USMISSION USUN NEW YORK PRIORITY 
 
C O N F I D E N T I A L SECTION 03 OF 04 ZAGREB 000680 
 
SIPDIS 
 
STATE FOR S/WCI, EUR/SCE, INL/AAE, EUR/ACE, AND DRL 
JUSTICE FOR OPDAT AND ICITAP 
SARAJEVO FOR KONTOS AND TILMAN 
BELGRADE FOR BROWN 
                       CONFIDENTIAL 
 
PAGE 02        ZAGREB  00680  03 OF 04  260701Z 
THE HAGUE FOR JOHNSON/KAYE/WHEATON 
 
E.O. 12958: DECL: 03/25/2013 
TAGS: ICTY, KAWC, KJUS, PREL, UNSC, HR 
SUBJECT: CROATIA WAR CRIMES: GOSPIC CASE ENDS IN CONVICTION 
 
AS OSIJEK, GOSPIC AND SISAK. 
 
11. (C) THE GOSPIC TRIAL WAS SUCCESSFUL BECAUSE OF A UNIQUE 
CONFLUENCE OF CIRCUMSTANCES: 
 
-- IKA SARIC PROVED TO BE THE RIGHT JUDGE FOR THE CASE. 
STRONG WILLED AND PROFESSIONAL, SHE WAS ABLE TO WITHSTAND 
UNRELENTING RIGHT-WING PRESSURE AND THREATS.  LAW ENFORCEMENT 
OFFICIALS IN RIJEKA TELL US THAT AT LEAST ONE OTHER WAR 
CRIMES CASE THERE HAS STAGNATED BECAUSE INVESTIGATORS FEAR 
RIGHT-WING RETRIBUTION AGAINST THEIR FAMILIES. 
 
-- PROSECUTORS IN RIJEKA WERE ABLE TO DEVELOP SUFFICIENT 
PHYSICAL EVIDENCE TO CORROBORATE AND TO COMPEL CONVINCING 
EYEWITNESS TESTIMONY.  THIS COMBINATION OF REINFORCING 
MATERIAL AND WITNESS TESTIMONY HAS BEEN LACKING IN OTHER 
CASES, MOST NOTABLY THE LORA WAR CRIMES TRIAL IN SPLIT. 
-- THE PROSECUTION SKILLFULLY USED THE TESTIMONY OF SUSPECT 
STJEPAN GRANDIC AGAINST NORAC AND ORESKOVIC. 
 
-- IN ADDITION TO ETHNIC SERBS, NORAC AND HIS CO-CONSPIRATORS 
ALSO MURDERED ETHNIC CROATS WHOM THEY BELIEVED WERE NOT 
SUFFICIENTLY "RELIABLE."  ACCORDING TO HRAST, THE MURDER OF 
CROATS HELPED INDUCE A NUMBER OF KEY WITNESSES TO STEP 
FORWARD AND TESTIFY, DESPITE INTENSE INTIMIDATION. 
                       CONFIDENTIAL 
 
PAGE 03        ZAGREB  00680  03 OF 04  260701Z 
 
-- UNLIKE SOME OTHER WAR CRIMES CASES, THE DOCUMENT TRAIL IN 
THE GOSPIC CASE WAS EXTENSIVE, TO INCLUDE RECORDED BRIEFINGS 
TO BOTH PRESIDENT TUDJMAN AND DEFENSE MINISTER SUSAK.  THIS 
DOCUMENT TRAIL MADE IT MORE DIFFICULT FOR THE DEFENDANTS TO 
COVER THEIR TRACKS AND FOR WITNESSES TO DEVELOP "AMNESIA." 
 
-- EARLY IN THE TRIAL PROCESS, THE CASE WAS TRANSFERRED FROM 
GOSPIC TO RIJEKA, WHERE THE TRIAL COULD BE HELD IN A 
RELATIVELY BENIGN ENVIRONMENT.  HRAST WAS CONVINCED THAT HAD 
THE TRIAL BEEN CONDUCTED IN GOSPIC -- CROATIA'S "TWIN PEAKS" 
EQUIVALENT -- THE PRESSURE ON THE JUDGES AND WITNESSES WOULD 
HAVE BEEN SO INTENSE AS TO PRECLUDE ANY CHANCE OF CONVICTION. 
 HOWEVER, THE GOC -- FOR DOMESTIC POLITICAL REASONS -- HAS 
BEEN RELUCTANT TO TRANSFER OTHER WAR CRIMES CASES TO "SAFER" 
COURTS.  ALL OTHER WAR CRIMES PROSECUTIONS AGAINST ETHNIC 
CROATS IN CROATIA HAVE BEEN HELD IN THEIR ORIGINAL 
JURISDICTIONS.  ALL HAVE ENDED WITH VERY QUESTIONABLE 
RESULTS. 
 
LESSONS LEARNED 
--------------- 
 
12. (C) THE BOTTOM LINE, ACCORDING TO HRAST AND, SEPARATELY, 
CHIEF PROSECUTOR MLADEN BAJIC, IS THAT -- BARRING SIGNIFICANT 
LEGISLATIVE REFORM AND INCREASED POLITICAL SUPPORT FOR THOSE 
PRESSING FORWARD WITH WAR CRIMES TRIALS -- THE GOSPIC CASE 
WILL CONTINUE TO BE THE EXCEPTION AND NOT THE RULE.  FOR 
EXAMPLE, THEY POINT OUT THAT THE GOSPIC CASE IS AN 
INSTRUCTIVE LESSON FOR OTHER CROATIAN JUDGES.  JUSTICE SARIC, 
WHO HAILS FROM THE SAME AREA OF CENTRAL DALMATIA AS ICTY 
                       CONFIDENTIAL 
 
PAGE 04        ZAGREB  00680  03 OF 04  260701Z 
FUGITIVE ANTE GOTOVINA, IS EFFECTIVELY OSTRACIZED FROM HER 
COMMUNITY AND MUST LIVE UNDER A CONTINUING CLOUD OF THREAT 
AND INTIMIDATION FROM THE RIGHT-WING. 
13. (C) OUR CONTACTS MAINTAIN THAT UNLESS CROATIA'S ELITE 
BEGINS TO ENFORCE RIGOROUS JUDICIAL PERFORMANCE AND ETHICAL 
STANDARDS, CROATIAN JUDGES ARE MUCH MORE LIKELY TO EMULATE 
LOZINA RATHER THAN SARIC.  UNFORTUNATELY, CHIEF SUPREME COURT 
JUSTICE IVICA CRNIC IS NOT A LEADER, AND HE AND OTHER JUDGES 
ARE OVERLY SENSITIVE TO OUTSIDE CRITICISM.  THEY ARE SLOW TO 
DISCIPLINE THEIR OWN, EVEN WHEN IT IS A CASE AS EGREGIOUS AS 
JUSTICE LOZINA. 
 
14. (C) IN ADDITION TO ESTABLISHING AND ENFORCING STRICT 
JUDICIAL STANDARDS OF PERFORMANCE AND ETHICS, THE GOC ALSO 
MUST UNDERTAKE ADDITIONAL LEGISLATIVE REFORMS IF IT IS TO 
ENSURE THE EFFECTIVE PROSECUTION OF WAR CRIMES CASES: 
 
-- CROATIAN LAW ENFORCEMENT OFFICIALS TELL US THAT THE GOC'S 
FAILURE TO PROTECT WITNESSES IS A SEVERE HANDICAP.  NEW 
WITNESS PROTECTION LEGISLATION HAS BEEN DRAFTED WITH THE 
ASSISTANCE OF OUR DOJ/RLA PROGRAM, BUT THE DRAFT LAW AWAITS 
GOC APPROVAL BEFORE IT CAN BE SENT TO PARLIAMENT.  IT WILL BE 
A YEAR, IF NOT LONGER, BEFORE CROATIA HAS THE SEMBLANCE OF A 
FUNCTIONAL WITNESS PROTECTION PROGRAM, THAT IS, ASSUMING THAT 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ1814 
 
PAGE 01        ZAGREB  00680  04 OF 04  260701Z 
ACTION SWCI-00 
 
INFO  LOG-00   NP-00    AF-00    AMAD-00  ACQ-00   CIAE-00  INL-00 
      USNW-00  DODE-00  SRPP-00  DS-00    EAP-00   EUR-00   VC-00 
      TEDE-00  INR-00   IO-00    LAB-01   L-00     VCE-00   AC-01 
      NSAE-00  NSCE-00  OIC-02   OMB-01   DHS-00   PA-00    PM-00 
      PRS-00   ACE-00   P-00     SSO-00   SS-00    TRSE-00  T-00 
      USIE-00  R-00     PMB-00   DSCC-00  PRM-00   DRL-01   G-00 
      NFAT-00  SAS-00     /006W 
                  ------------------4AD0EE  260701Z /38 
P 260700Z MAR 03 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC PRIORITY 9819 
INFO AMEMBASSY BELGRADE PRIORITY 
AMEMBASSY LJUBLJANA PRIORITY 
AMEMBASSY LONDON PRIORITY 
AMEMBASSY SARAJEVO PRIORITY 
AMEMBASSY THE HAGUE PRIORITY 
DEPT OF JUSTICE WASHDC PRIORITY 
USMISSION USNATO PRIORITY 
USMISSION USOSCE PRIORITY 
USMISSION USUN NEW YORK PRIORITY 
 
C O N F I D E N T I A L SECTION 04 OF 04 ZAGREB 000680 
 
SIPDIS 
 
STATE FOR S/WCI, EUR/SCE, INL/AAE, EUR/ACE, AND DRL 
JUSTICE FOR OPDAT AND ICITAP 
SARAJEVO FOR KONTOS AND TILMAN 
BELGRADE FOR BROWN 
                       CONFIDENTIAL 
 
PAGE 02        ZAGREB  00680  04 OF 04  260701Z 
THE HAGUE FOR JOHNSON/KAYE/WHEATON 
 
E.O. 12958: DECL: 03/25/2013 
TAGS: ICTY, KAWC, KJUS, PREL, UNSC, HR 
SUBJECT: CROATIA WAR CRIMES: GOSPIC CASE ENDS IN CONVICTION 
 
THE CURRENT DRAFT LAW IS NOT GUTTED DURING GOC AND 
PARLIAMENTARY DELIBERATIONS. 
 
-- WITNESSES WHO CHANGE THEIR TESTIMONY FACE NO SANCTION FOR 
PERJURY.  THE CRIMINAL CODE SHOULD BE STRENGTHENED PENALIZE 
AND DETER SUCH ACTIVITY. 
 
-- PROSECUTORS MUST BE GIVEN THE AUTHORITY TO STRIKE 
PLEA-BARGAINING DEALS IN CAPITAL CASES. 
 
-- THE GOC AND THE CROATIAN SUPREME COURT MUST DEMONSTRATE 
FAR GREATER WILLINGNESS TO TRANSFER WAR CRIMES CASES FROM 
TROUBLED JURISDICTIONS TO SAFER LOCATIONS SUCH AS ZAGREB AND 
RIJEKA.  THE GOC MAY ALSO WISH TO CONSIDER ESTABLISHING A 
SINGLE WAR CRIMES COURT THAT WOULD HANDLE ALL CASES AGAINST 
BOTH ETHNIC SERBS AND CROATS. 
 
COMMENT 
------- 
 
15. (C) THE GOSPIC CASE IS A STEP FORWARD.  CROATIAN LAW 
ENFORCEMENT AND JUDICIAL OFFICIALS -- WITHOUT ANY OUTSIDE 
ASSISTANCE, INDEED, WITHOUT ANY POLITICAL COVER FROM THE GOC 
-- SUCCESSFULLY CONCLUDED A TECHNICALLY AND EMOTIONALLY 
DIFFICULT WAR CRIMES CASE AND CONVICTED A CROATIAN WAR HERO. 
                       CONFIDENTIAL 
 
PAGE 03        ZAGREB  00680  04 OF 04  260701Z 
 
16. (C) THE CHALLENGE FOR US AND FOR THE FEW REFORMERS WITHIN 
THE GOC IS HOW TO LEVERAGE THE GOSPIC RULING TO SUPPORT 
EFFORTS TO MAKE LOCAL PROSECUTIONS OF WAR CRIMES FAIR AND 
TRANSPARENT.  AS A NEXT STEP, WE ARE SCHEDULED TO DISCUSS THE 
GOSPIC CASE AND VARIOUS PROPOSALS TO CREATE A SPECIAL WAR 
CRIMES COURT WITH MINISTER OF JUSTICE ANTICEVIC-MARINOVIC 
APRIL 2. 
 
17 (C) DOMESTIC WAR CRIMES TRIALS CAN DEMONSTRATE THAT THERE 
WAS A DARKER SIDE TO CROATIA'S INDEPENDENCE WAR AND HELP 
NEUTRALIZE A HOT-BUTTON ELECTORAL ISSUE THAT THE POLITICAL 
RIGHT MIGHT OTHERWISE EXPLOIT.  ULTIMATELY, LOCAL PROSECUTION 
OF WAR CRIMES TRIALS WILL STRENGTHEN THE RULE OF LAW AND HELP 
PRODUCE A MORE STABLE AND SELF-ASSURED CROATIA THAT IS 
CAPABLE OF TAKING A LEADERSHIP ROLE IN THE REGION.  IF 
SANADER'S STATEMENT IS ANY INDICATION, WE CAN EXPECT THAT 
BAJIC AND OTHER ACTIVISTS WILL BE REMOVED OR SIDELINED AND 
THIS IMPORTANT PROCESS WILL STOP, IF CROATIA'S 
UNRECONSTRUCTED RIGHT RETURNS TO POWER. 
ROSSIN 
 
                       CONFIDENTIAL 
 
>