US embassy cable - 03ZAGREB756

C O N F I D E N T I A L ZAGREB 000756 
 
SIPDIS 
 
 
STATE FOR EUR, EUR/SCE AND S/WCI 
THE HAGUE FOR JOHNSON/KAYE/WHEATON 
 
    E.O. 12958: DECL: 04/04/2013 
TAGS: PGOV, PREL, HR, ICTY, War Crimes 
SUBJECT: ICTY/CROATIA: CROATIA APPEARS TO MEET COOPERATION 
DEADLINES 
 
REF: ZAGREB 717 
 
CLASSIFIED BY: POLOFF ROB SILBERSTEIN, REASONS 1.5 (B) AND (D) 
 
1. (C) ICTY ZAGREB RESREP THOMAS OSORIO TOLD US LATE APRIL 4 
THAT THE GOC APPEARS TO HAVE COMPLIED WITH THE HAGUE'S APRIL 
4 DEADLINES TO SERVE THE SEPTEMBER 2002 INDICTMENT ON GENERAL 
JANKO BOBETKO OR HIS LEGAL REPRESENTATIVE AND TO HONOR OTP 
DOCUMENT REQUESTS.  OSORIO SAID HE WAS INFORMED THAT 
OFFICIALS FROM THE GOC OFFICE FOR COOPERATION WITH THE 
TRIBUNAL SERVED THE INDICTMENT ON BOBETKO'S ATTORNEY.  THE 
CROATIAN AMBASSADOR IN THE HAGUE HAS BEEN INSTRUCTED TO 
INFORM THE ICTY REGISTRAR OF CROATIA'S COMPLIANCE WITH THE 
ICTY JUDGE'S ORDER ON THE BOBETKO CASE.  THE GOC DECISION TO 
SERVE THE INDICTMENT CAME AFTER THE PRESIDING JUDGE IN THE 
ZAGREB COUNTY COURT, CITING BOBETKO'S SEVERE MEDICAL 
CONDITION, REFUSED TO SERVE THE INDICTMENT. 
 
2. (C) OSORIO ALSO CONFIRMED THAT AMBASSADOR KRNIC, HEAD OF 
THE GOC OFFICE FOR COOPERATION, TRANSMITTED LATE APRIL 4 A 
THICK SET OF DOCUMENTS ON CROATIAN MILITARY INVOLVEMENT IN 
BOSNIA DURING THE WAR.  THE PACKAGE ALSO CONTAINED A LETTER 
OF COMMITMENT, BINDING THE GOC TO PROVIDE OUTSTANDING BANKING 
DOCUMENTS.  OSORIO SAID THAT THE OTP HAS INFORMED THE GOC 
THAT CHIEF PROSECUTOR DEL PONTE HAS ACCEPTED THE GOC OFFER TO 
VISIT ZAGREB.  DEL PONTE HAS PROPOSED APRIL 17 FOR THE VISIT. 

3. (C) BARRING A MIRACULOUS RECOVERY BY THE 83-YEAR OLD 
GENERAL, THE GOC'S SERVING OF THE INDICTMENT EFFECTIVELY 
CLOSES THE BOBETKO CASE.  ALTHOUGH THE GOC APPEARS TO HAVE 
RESPONDED ADEQUATELY TO THE OTP DOCUMENT DEADLINE, THE DEVIL 
IS IN THE DETAILS.  OSORIO SAID THAT THE  TRIBUNAL 
INVESTIGATORS NOW MUST ANALYZE THE CONTENTS OF THE GOC 
SUBMISSION.  A PACKAGE OF DOCUMENTS THAT OSORIO HAD REVIEWED 
INFORMALLY ON APRIL 1 AT CROATIAN MOD ARCHIVES DID NOT 
FULFILL OTP NEEDS.  THE OTP WOULD COMPLETE ITS ANALYSIS OF 
THE GOC SUBMISSION BY APRIL 10. 
 
COMMENT 
------- 
 
4. (C) ACCORDING TO OSORIO, THE GOC'S SERVING OF THE 
INDICTMENT, PARTICULARLY AFTER MAINTAINING THAT THIS WAS THE 
ROLE OF THE CROATIAN COURTS, IS SIGNIFICANT.  BY DOING SO -- 
IN OSORIO'S VIEW -- THE GOC ACKNOWLEDGED THAT THE TRIBUNAL 
HAS PRIMACY OVER THE RULINGS OF CROATIAN COURTS.  TIME WILL 
TELL AS TO WHETHER OR NOT THE GOC AGREES THAT ITS ACTION IS 
PRECEDENT SETTING.  WHAT IS CLEAR, HOWEVER, IS THAT WITH THE 
U.S. AND EU MAKING IT CLEAR THAT ICTY COOPERATION IS A SIN 
QUA NON FOR EURO-ATLANTIC INTEGRATION, AND WITH PM RACAN 
SCHEDULED TO TRAVEL TO ATHENS ON APRIL 15 TO GET THE EU'S 
"AVIS," THE ICTY/OTP FIRM DEADLINES NO DOUBT SPURRED A 
RELUCTANT GOC TO ACT. 
ROSSIN 
 
NNNN