US embassy cable - 03ZAGREB1037

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 001037 
 
SIPDIS 
 
STATE FOR S/WCI, EUR/SCE, INL/AAE, AND EUR/ACE 
THE HAGUE FOR JOHNSON/KAYE/WHEATON 
 
E.O. 12958: DECL: 05/06/2013 
TAGS: KAWC, KJUS, PREL, KJUS, PREL, UNSC, ICTY, War Crimes 
SUBJECT: ICTY/CROATIA: IMPROVING GOC COOPERATION, RAJIC 
CASE MOVING AHEAD 
 
REF: A. ZAGREB 925 
 
     B. ZAGREB 761 
 
CLASSIFIED BY: POLOFF ROBERT SILBERSTEIN, REASON 1.5 (B) AND (D) 
 
SUMMARY 
------- 
 
1. (C) ICTY ZAGREB RESREP THOMAS OSORIO TOLD US MAY 5 THAT 
THE GOC HAS IMPROVED COOPERATION IN THE MONTH FOLLOWING THE 
VISIT OF OTP CHIEF PROSECUTOR DEL PONTE TO ZAGREB.  THE GOC 
LARGELY HAS FULFILLED OUTSTANDING DOCUMENT REQUESTS AND 
APPEARED SOMEWHAT MORE PROACTIVE IN THE GOTOVINA CASE -- IT 
IS SET TO ISSUE A REWARD FOR HIS ARREST ON MAY 10.  THE IVICA 
RAJIC TRANSFER TO ICTY CUSTODY APPEARED TO BE MOVING AHEAD AS 
WELL AS THE GOC INVESTIGATION AGAINST THOSE THAT SHELTERED 
AND SUPPORTED HIM AND OTHER CROATIAN PIFWCS.  THE ONLY BLACK 
CLOUD FOR OSORIO WAS DEL PONTE'S POOR HANDLING OF A ZAGREB 
DIPLOMATIC CORPS REQUEST FOR AN "ICTY ISSUES CHECKLIST." 
DESPITE OSORIO'S WARNINGS, DEL PONTE CIRCULATED A 
POORLY-CRAFTED DOCUMENT THAT -- IF LEAKED -- COULD CLOUD 
GOC-ICTY RELATIONS.  END SUMMARY 
 
IMPROVED COOPERATION 
-------------------- 
 
2. (C) ON MAY 5, ICTY ZAGREB RESREP THOMAS OSORIO TOLD US 
THAT THE GOC -- FOR NOW -- HAS BEEN LIVING UP TO THE 
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COMMITMENTS PM RACAN MADE WHEN OTP CHIEF PROSECUTOR DEL PONTE 
VISITED ZAGREB A MONTH EARLIER (REF B): 
 
-- THE OTP RECEIVED THE BULK OF THE RAW CENSUS DATA IT 
REQUESTED.  WHILE SOME DATA ARE MISSING, OSORIO -- AT THIS 
POINT -- CONSIDERS THIS TO BE A TECHNICAL OVERSIGHT ON THE 
PART OF THE GOC CENSUS BUREAU AND NOT A GOC ATTEMPT TO 
OBFUSCATE. 
 
-- THE OTP IS WORKING WITH STATE PROSECUTOR BAJIC TO DEVELOP 
THE EXACT LANGUAGE THAT HE WOULD USE TO OBTAIN CROATIAN COURT 
PERMISSION TO ACCESS PRIVREDNA BANKA RECORDS RELATED TO GOC 
FINANCING OF THE WAR IN BOSNIA. 
 
-- THE OTP RECEIVED OVER 1100 PAGES OF PERSONAL DOCUMENTS OF 
THE FORMER GOC MINISTER OF DEFENSE GOJKO SUSAK, A KEY OTP 
DOCUMENT REQUEST.  OTP INVESTIGATORS ARE CLOSELY ANALYZING 
THE FILES, WHICH COULD HAVE BEARING ON A WIDE RANGE OF ICTY 
CASES, INCLUDING THE BLASKIC APPEAL. 
 
-- THE OTP ALSO WAS GIVEN ACCESS TO THE MILITARY ARCHIVES OF 
THE SEVEN CROATIAN ARMY BRIGADES THAT OPERATED IN BOSNIA FROM 
1992 TO 1994. 
 
GOTOVINA 
-------- 
 
3. (C) OSORIO SAID THAT, IN EARLY MAY, THE HEAD OF THE GOC 
OFFICE FOR COOPERATION WITH ICTY REASSURED HIM THAT THE GOC 
DECISION TO ISSUE A REWARD FOR ICTY FUGITIVE ANTE GOTOVINA 
WAS IRONCLAD.  IN A MEETING WITH US ON MAY 8, DIRECTOR 
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GENERAL OF POLICE RANKO OSTOJIC CONFIRMED THAT THE GOC WOULD 
ISSUE THE GOTOVINA REWARD ON MAY 10 IN THE AMOUNT OF 350,000 
KUNA (USD 55,000).  THAT AMOUNT, SAID OSTOJIC, IS AT LEAST 
SEVEN TIMES HIGHER THAN ANY OTHER REWARD ISSUED IN CROATIAN 
HISTORY.  OSTOJIC ALSO TOLD US THAT POLICE IN THE ZADAR AREA 
-- CENTRAL DALMATIA -- HAVE BEEN GIVEN SPECIFIC ORDERS TO 
TAIL AND SURVEIL GOTOVINA FAMILY MEMBERS AND KNOWN 
SYMPATHIZERS. 
 
IVICA RAJIC 
----------- 
 
4. (C) ON APRIL 30, THE ZAGREB COUNTY COURT RULED THAT THE 
ICTY HAS JURISDICTION OVER IVICA RAJIC AND APPROVED HIS 
TRANSFER TO THE HAGUE.  RAJIC'S LAWYERS APPEALED THE DECISION 
TO THE CROATIAN SUPREME COURT, BUT LEGAL EXPERTS TOLD US THE 
APPEAL HAS NO CHANCE OF PROSPERING.  RAJIC SHOULD BE IN ICTY 
CUSTODY NO LATER THAN THE END OF MAY. 
 
5. (C) OSORIO TOLD US THAT DEL PONTE, DURING HER MEETING WITH 
PM RACAN, MADE IT CLEAR THAT SHE WANTS ALL INFORMATION THAT 
THE GOC DEVELOPS ON HOW RAJIC LIVED FREELY (UNDER ALIAS) IN 
CROATIA FOR SEVEN YEARS AFTER HIS OTP INDICTMENT.  RACAN 
REPORTEDLY PROMISED HER THAT A "FULL REPORT WOULD BE 
 
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                           CONFIDENTIAL     PTQ4223 
 
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ACTION SWCI-00 
 
INFO  LOG-00   NP-00    AF-00    AID-00   ACQ-00   CIAE-00  INL-00 
      DODE-00  DOEE-00  SRPP-00  DS-00    EAP-00   EUR-00   FBIE-00 
      VC-00    TEDE-00  INR-00   IO-00    L-00     VCE-00   AC-01 
      NSAE-00  NSCE-00  OIC-02   OMB-01   DHS-00   CAEX-00  PA-00 
      PM-00    PRS-00   ACE-00   P-00     SCT-00   SP-00    SSO-00 
      SS-00    TRSE-00  T-00     USIE-00  PMB-00   DSCC-00  PRM-00 
      DRL-01   G-00     NFAT-00  SAS-00     /005W 
                  ------------------62A3DF  091540Z /38 
P 091526Z MAY 03 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC PRIORITY 0156 
INFO AMEMBASSY BELGRADE 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 02 ZAGREB 001037 
 
SIPDIS 
 
STATE FOR S/WCI, EUR/SCE, INL/AAE, AND EUR/ACE 
THE HAGUE FOR JOHNSON/KAYE/WHEATON 
 
E.O. 12958: DECL: 05/06/2013 
TAGS: KAWC, KJUS, PREL, UNSC, ICTY, HR 
                       CONFIDENTIAL 
 
PAGE 02        ZAGREB  01037  02 OF 02  091539Z 
SUBJECT: ICTY/CROATIA: IMPROVING GOC COOPERATION, RAJIC 
CASE MOVING AHEAD 
 
FORTHCOMING." 
 
6. (C) OSTOJIC AND BAJIC TOLD US THAT THE GOC STILL IS 
PIECING TOGETHER THE COMPLEX NETWORK ESTABLISHED BY THE 
FORMER HDZ GOVERNMENT THAT PROTECTED IVICA RAJIC AND OTHER 
ICTY PIFWCS.  THEY PLAN TO INDICT ALL THOSE INVOLVED IN THE 
ILLEGAL "OPERATION HAAG," CODE NAME FOR PROGRAM THAT 
SHELTERED PIFWCS AND RAN INTELLIGENCE OPERATIONS AGAINST 
ICTY, SFOR, AND OTHERS (REF A). 
 
7. (C) OSTOJIC TOLD US THAT THE EFFORT TO PROTECT RAJIC WAS 
MASTERFUL:  WHEN HIS SPECIAL POLICE UNIT BEGAN ITS 
INVESTIGATION IN MID-2002, THERE WAS NO RECORD IN THE GOC TO 
INDICATE THAT AN IVICA RAJIC OFFICIALLY EVER EXISTED IN 
CROATIA.  CRITICALLY, ALL COPIES OF RAJIC'S FINGERPRINT FILES 
HAD BEEN DESTROYED.  OSTOJIC SAID THAT THE POLICE WERE ABLE 
TO GET A COPY OF RAJIC'S FINGERPRINTS FROM BIH GOVERNMENT 
AUTHORITIES WITHOUT TIPPING THEIR HAND TO THE ONGOING 
INVESTIGATION.  WITHOUT THOSE PRINTS, THEY NEVER WOULD HAVE 
BEEN ABLE TO IDENTIFY CONCLUSIVELY THE PIFWC, WHO, WHEN 
ARRESTED, WAS LIVING IN A SUBURB OF SPLIT UNDER THE NAME OF 
JAKOV KOVAC. 
 
CDP "NON PAPER:" GOOD IDEA, POOR EXECUTION 
------------------------------------------ 
 
8. (C) OSORIO SAID THAT DEL PONTE'S POOR HANDLING OF A 
REQUEST FROM THE ZAGREB DIPLOMATIC CORPS FOR A "COOPERATION 
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CHECK LIST" MARRED WHAT OTHERWISE HAS BEEN A GOOD MONTH FOR 
GOC-ICTY COOPERATION.  (DURING HER VISIT TO ZAGREB, IC REPS 
REQUESTED THAT THE OTP GENERATE AN "ISSUES CHECK LIST" THAT 
THEY COULD USE WHEN ENGAGING THE GOC ON COOPERATION WITH ICTY 
(REF B)).  ON APRIL 24 OSORIO GAVE US AN ADVANCE COPY OF AN 
OTP "NON-PAPER," SAYING THAT THIS WAS WHAT DEL PONTE PROPOSED 
DISTRIBUTING TO THE IC (DOCUMENT POUCHED TO S/WCI AND 
EUR/SCE). 
 
9. (C) WE TOLD OSORIO THAT WHILE THE IDEA OF A BASIC 
CHECKLIST HAD MERIT, THE OTP "NON-PAPER" WAS FAR TOO LONG, 
DENSE AND "PREACHY."  WE SUGGESTED TO OSORIO THAT THE OTP'S 
SUBMISSION SHOULD BE SHORTER AND STRICTLY FACTUAL, OUTLINING 
AREAS OF NON-COOPERATION AND WHAT THE GOC MUST DO TO MEET OTP 
REQUESTS. 
 
10. (C) OSORIO SAID HE SHARED OUR VIEW (AS DID THE LOCAL OSCE 
MISSION, WHICH ALSO WAS GIVEN AN ADVANCE COPY OF THE 
"NON-PAPER"), AND HELD OFF ON DELIVERING THE DOCUMENT TO THE 
LOCAL EU TROIKA, DESPITE EXPLICIT INSTRUCTIONS FROM DEL 
PONTE.  HE TOLD US THAT ON APRIL 29 HE CALLED DEL PONTE TO 
EXPRESS HIS RESERVATIONS.  HE SAID THAT SHE ACKNOWLEDGED THAT 
THE DOCUMENT WAS FLAWED, BUT ORDERED HIM TO GIVE IT TO THE 
ZAGREB EU TROIKA AND THE U.S. EMBASSY ANYWAY; SHE PERSONALLY 
HAD GIVEN THE DOCUMENT TO SOLANA, PATTEN AND PRODI THE 
PREVIOUS DAY DURING A VISIT TO BRUSSELS.  SHE TOLD OSORIO 
"WE'LL GET IT RIGHT NEXT TIME."  OSORIO SAID THAT HE WAS 
CONVINCED THAT THE GOC WOULD GET ITS HANDS ON THE DOCUMENT, 
WHICH IT WOULD LEAK TO THE PRESS -- AT A TIME OF ITS CHOOSING 
-- TO DEMONSTRATE THAT THE OTP IS NOT SINCERE IN ITS EFFORTS 
TO BUILD A WORKING RELATIONSHIP WITH THE GOC 
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MOON 
 
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