US embassy cable - 95ZAGREB2658

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 002658 
 
SIPDIS 
 
 
BRUSSELS ALSO FOR USEU 
USVIENNA ALSO FOR USDEL CSCE 
 
E.O. 12356: DECL: 7/14/00 
TAGS: War Crimes 
SUBJECT:  ALL'S NOT WELL IN WESTERN SLAVONIA 
 
 
1.  CONFIDENTIAL - ENTIRE TEXT. 
 
2.  SUMMARY:  IN WESTERN SLAVONIA, THE AREA RETAKEN FROM 
REBEL SERBS BY CROATIAN FORCES MAY 1-3, SERBS DETAINED BY 
THE CROATS AS POSSIBLE CRIMINALS ARE REPORTEDLY FINDING 
THAT THE GOC HAS ITS THUMB ON THE SCALES OF JUSTICE -- 
TRIALS ARE MOVING SLOWLY IF AT ALL, AND THE DETAINEES HAVE 
INSUFFICIENT ACCESS TO COUNSEL.  SERBS WHO REMAINED IN 
THEIR HOMES ENCOUNTER HARASSMENT AND/OR EXPERIENCE 
PROBLEMS IN RECLAIMING THEIR PROPERTY.  REINTEGRATION OF 
THE SERB POPULATION IS STILL FAR FROM REALITY.  END 
SUMMARY. 
------------------------------------- 
DETAINEES FACE LACKADAISICAL JUSTICE 
------------------------------------- 
 
3.  IN A JULY 13 DISCUSSION WITH POLOFF, SENIOR UN CIVIL 
AFFAIRS OFFICER IN PAKRAC GRAHAM DAY WAS COMPLETELY 
DOWNCAST ABOUT THE SITUATION FOR SERBS IN FORMER SECTOR 
WEST, DESCRIBING THEIR TREATMENT AS ONE OF CONSISTENT, 
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LOW-LEVEL BUREAUCRATIC NAGGING AND EVEN PERSISTENT ABUSE. 
BY FAR THE MOST PRESSING PROBLEM, HE SAID, WAS OBTAINING 
FUNDS TO PAY PRIVATE LAWYERS FOR THE COMPETENT DEFENSE OF 
SERBS STILL INTERNED ON CHARGES OF WAR CRIMES.  (NOTE: 
SEVERAL OTHER UN OFFICIALS HAVE RECENTLY CRITICIZED TO US 
THE PERFORMANCE OF THE PUBLIC DEFENDERS AND JUDGES 
ASSIGNED TO THESE CASES.  MOST OF THE CROATIAN LAWYERS HAD 
NOT INTERVIEWED OR EVEN MET WITH THEIR CLIENTS BEFORE THE 
TRIALS STARTED.  IF THE LAWYERS ARRIVED AT THE TRIALS AT 
ALL, THEY EITHER CAME LATE, OR LEFT EARLY.  JUST DAYS 
AFTER THE TRIALS STARTED, SEVERAL JUDGES RECESSED FOR A 
ONE-MONTH SUMMER VACATION, LEAVING THE ACCUSED TO PONDER 
THEIR FATE IN HOT, OVERCROWDED JAILS.  180 MEN HAVE BEEN 
INDICTED AND ONLY FOUR LAWYERS WERE ASSIGNED TO DEFEND 
THEM.  TWENTY CASES HAVE GONE TO TRIAL AT THIS TIME.  AN 
OFFICIAL AT THE UN CENTER FOR HUMAN RIGHTS (THE 
"MAZOWIECKI" COMMISSION) SAID ALL THE CHARGES WERE 
ABSTRACT, AND UNCHR WAS ATTEMPTING TO GET THEM DROPPED. 
UN OFFICIALS ARE MONITORING THESE TRIALS DAILY. 
 
4.  ONLY ONE INDIVIDUAL, MLADEN KULIC, HAS A PRIVATE 
LAWYER, LOCATED FOR HIM BY UNOV (UN OFFICE IN VIENNA) 
OFFICIAL MICHAEL PLATZER (PROTECT).  PLATZER SAID THIS 
LAWYER HAD BEEN HARASSED BY SEVERAL PUBLIC DEFENDERS AND 
EVEN ONE JUDGE FOR TAKING ON HER CLIENT.  AGAINST ALL 
INTERNATIONAL STANDARDS, AND CONTRARY TO GOC TREATY 
OBLIGATIONS, CROATIAN POLICE INSISTED ON ATTENDING THE 
PRIVATE DISCUSSIONS SHE HELD WITH HER CLIENT.  THE UN HAS 
IDENTIFIED COMPETENT PRIVATE ATTORNEYS WHO ARE WILLING TO 
TAKE OTHER CASES.  HOWEVER, PRO BONO WORK IS NOT ALLOWED 
UNDER CROATIAN LAW.  MANY LAWYERS ARE NOT WILLING TO BILL 
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                           CONFIDENTIAL 
 
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CLIENTS WITH A PROMISE TO PAY LATER BECAUSE TAX 
AUTHORITIES ARE EXAMINING THEIR ACCOUNTS.  PLATZER SAID 
THE UN LACKED FUNDS TO PAY THE OBLIGATORY USD 200 
EQUIVALENT PER DAY COURT FEES. 
 
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CONTINUING INTIMIDATION AND INEQUITY 
------------------------------------ 
5.  DAY ALSO TOLD US THAT LOCAL SERBS, ESPECIALLY IN THE 
NOVSKA AREA, CONTINUED TO BE INTIMIDATED AND PHYSICALLY 
HASSLED BY RETURNING CROATIANS AND EVEN POLICE PATROLLING 
THE AREA.  THE ISSUE OF RETURNING LIVESTOCK TO ITS 
ORIGINAL OWNERS HAS BECOME CONTENTIOUS.  THE GOC ROUNDED 
UP ALL THE FARM ANIMALS IN THE EARLY DAYS OF THE CRISIS 
 
SINCE NO ONE WAS LEFT TO CARE FOR THEM IN THE WAKE OF 
REFUGEE FLIGHTS AND GOC DETENTION OF THE LOCAL POPULATION. 
MOST OF THESE ANIMALS WERE PLACED WITH NEARBY CROAT 
FARMERS FOR CARETAKING.  DAY REPORTED THAT THE GOC HAS 
BACKTRACKED ON ITS PROMISE TO PAY THESE FARMERS A DAILY 
SUM FOR THEIR UPKEEP.  VELJKO DZAKULA, THE LOCAL SERB 
LEADER, TOLD POLOFF THAT THE FARMERS REFUSED TO RETURN THE 
 
 
 
 
 
 
 
 
 
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                           CONFIDENTIAL     PTQ5858 
 
PAGE 01        ZAGREB  02658  02 OF 02  171547Z 
ACTION EUR-01 
 
INFO  LOG-00   AID-00   AMAD-01  CIAE-00  SMEC-00  OASY-00  SRPP-00 
      EB-01    FBIE-00  H-01     TEDE-00  INR-00   IO-08    L-01 
      ADS-00   M-00     NSAE-00  OIC-02   OMB-01   PA-01    PM-00 
      PRS-01   P-01     SCT-00   SP-00    SS-00    STR-01   TRSE-00 
      T-00     USIE-00  PMB-00   PRME-01  PRMC-01  DRL-09   G-00 
        /031W 
                  ------------------DA2737  171547Z /38 
P 171631Z JUL 95 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC PRIORITY 6444 
INFO NSC WASHDC 
USMISSION USUN NEW YORK 
SECDEF WASHDC//ISA/ISP// 
JOINT STAFF WASHDC//J-5PMA/J21// 
NATO EU COLLECTIVE 
AMEMBASSY BELGRADE 
AMEMBASSY BUDAPEST 
AMEMBASSY LJUBLJANA 
USLO SKOPJE 
AMCONSUL MUNICH 
USMISSION GENEVA 
DIA WASHDC 
CINCUSAFE RAMSTEIN AB GE//DO/LG/XOX/IN/POLAD// 
CINCUSAREUR HEIDELBERG GE//J3/J4/J5/POLAD// 
JAC MOLESWORTH RAF MOLESWORTH UK 
USCINCEUR VAIHINGEN GE//ECJ3/ECJ4/ECJ5/ECPOLAD// 
COMSIXTHFLT //N2// 
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HQ JTF PP NAPLES IT//CA/POLAD// 
 
C O N F I D E N T I A L SECTION 02 OF 02 ZAGREB 002658 
 
SIPDIS 
 
 
BRUSSELS ALSO FOR USEU 
USVIENNA ALSO FOR USDEL CSCE 
 
E.O. 12356: DECL: 7/14/00 
TAGS:  PGOV PHUM HR UN 
SUBJECT:  ALL'S NOT WELL IN WESTERN SLAVONIA 
 
ANIMALS TO THEIR SERB OWNERS "ON PRINCIPLE," NO MATTER 
WHAT THE GOC MIGHT PAY THEM.  SERBS WHO APPROACHED THESE 
CROATS FOR THEIR PROPERTY, IDENTIFIABLE BY ITS BRANDING, 
WERE ROUGHLY HARASSED.  DAY TOLD OF ONE INCIDENT WHERE A 
CROAT FIRED SHOTS IN THE AIR IN THE PRESENCE OF A CIVIL 
AFFAIRS OFFICER, AND THEN THREATENED THAT THE NEXT SHOTS 
WOULD BE FIRED AT PEOPLE. 
 
6.  APPROXIMATELY 50 FAMILIES OF WEST SLAVONIAN SERBS NOW 
IN BELGRADE HAVE EXPRESSED A DESIRE TO RETURN TO THEIR 
HOMES IN CROATIA.  THEY HAD LEFT IN MAY AND JUNE WITH THE 
DAILY UNHCR CONVOYS TO BANJA LUKA.  HOWEVER, BUREAUCRATIC 
OBSTACLES IN BELGRADE HAVE PREVENTED THESE PEOPLE FROM 
RETURNING.  MINISTER MAJDAK'S OFFICE CLAIMED THAT THESE 
PEOPLE WERE WELCOME IN CROATIA, AND THAT NO IMPEDIMENTS 
EXISTED ON THE PART OF THE GOC FOR THEIR RETURN. 
ANTITHETICALLY, MANY FAMILIES IN THE PAKRAC AREA STILL 
EXPRESS INTEREST IN LEAVING.  THEY HAVE BEEN IDENTIFIED BY 
UNHCR, AND ARE BEING DEALT WITH ON AN INDIVIDUAL BASIS. 
DZAKULA AND DAY BOTH CONFIRMED THAT MANY OTHERS TALK OF 
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LEAVING BUT WANT TO WAIT UNTIL THEIR HUSBANDS OR FATHERS 
ARE RELEASED FROM JAIL BY THE CROATS.  A CONTINUED EXODUS 
WOULD EVEN FURTHER MARGINALIZE THE REMAINING 1200 SERBS, 
BY OFFICIAL GOC COUNT, REMAINING IN THE SECTOR. 
 
7.  COMMENT.  AN ARTICLE IN THE GOVERNMENT-INFLUENCED 
DAILY VJESNIK JULY 14 IS TITLED "PEACEFUL AND STABLE IN 
PAKRAC."  AT A NEWS CONFERENCE ON JULY 12, PAKRAC POLICE 
CHIEF IVKANEC STRESSED A SIMILAR THEME.  SUCH IS FAR FROM 
THE CASE, HOWEVER.  EVENTS IN THE FORMER SECTOR WEST WILL 
BE READ AS A TEST OF THE REINTEGRATION OF SERBIAN AND 
CROATIAN CIVIL SOCIETIES.  EXPERIENCE TO DATE IS NOT 
ENCOURAGING.  END COMMENT. 
KLEMP 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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