US embassy cable - 03ZAGREB1402

C O N F I D E N T I A L ZAGREB 001402 
 
SIPDIS 
 
 
STATE FOR EUR, EUR/SCE, EUR/BI, AND S/WCI 
 
E.O. 12958: DECL: 06/18/2013 
TAGS: KAWC, PREL, BH, HR, USUN, War Crimes 
SUBJECT: ICTY/CROATIA: GOTOVINA DISCUSSION CONTINUES 
 
REF: ZAGREB 1342 
 
CLASSIFIED BY: POLOFF MITCH BENEDICT FOR REASONS 1.5 (B) AND (D) 
 
SUMMARY 
------- 
 
1. (C) POLITICAL OBSERVERS IN ZAGREB BELIEVE THAT CONDITIONS 
MAY SOON BE CREATED WHEREBY ICTY PIFWC ANTE GOTOVINA COULD 
SURRENDER TO LOCAL AUTHORITIES FOR FURTHER TRANSFER TO THE 
HAGUE.  THE LOCAL ICTY REPRESENTATIVE TOLD US JUNE 18 THAT 
RECENT MOVES TAKEN BY GOTOVINA HIMSELF AND PRESIDENT MESIC 
COULD BE THE OPENING STEPS IN A SET-PIECE DRAMA WHERE THE 
LAST ACT IS GOTOVINA'S SURRENDER AND SUBSEQUENT TRANSFER TO 
ICTY.  END SUMMARY. 
 
EXCHANGE OF LETTERS 
------------------- 
 
2. (C) ON JUNE 12, PRESIDENT MESIC SENT A LETTER TO ICTY 
CHIEF PROSECUTOR CARLA DEL PONTE OFFERING TO GUARANTEE THE 
AVAILABILITY OF PIFWC ANTE GOTOVINA IF ICTY WOULD BE WILLING 
TO INTERVIEW HIM AS A "SUSPECT" IN ZAGREB RATHER THAN INSIST 
ON HIS TRANSFER TO THE HAGUE.  ALSO ON JUNE 12, MESIC'S 
OFFICE TOLD THE PRESS THAT THE PRESIDENT HAD MADE NEW 
DOCUMENTS AVAILABLE TO PM RACAN'S CABINET THAT SHOW GOTOVINA 
WAS NOT RESPONSIBLE FOR THE CLEANSING OF ETHNIC SERBS FROM 
THE KRAJINA REGION OF CROATIA DURING "OPERATION STORM." 
FRANE KRNIC, HEAD OF THE GOC OFFICE FOR COOPERATION WITH 
ICTY, TOLD THE PRESS THAT THE GOVERNMENT HAD LONG AGO MADE 
THE DOCUMENTS AVAILABLE TO ICTY. 
 
    3. (C) THOMAS OSARIO, HEAD OF THE ICTY OFFICE IN ZAGREB, 
CONFIRMED TO US THAT THE SIX DOCUMENTS PROVIDED CONTAIN NO 
NEW INFORMATION, BUT WERE SIGNIFICANT BECAUSE THEY CAME FROM 
THE PRESIDENTIAL ARCHIVES, AND THEY CONTAINED BOTH 
EXCULPATORY AND INCRIMINATING EVIDENCE.  ON JUNE 17 DEL PONTE 
RESPONDED TO MESIC IN A DRY AND FACTUAL LETTER SHE WROTE 
HERSELF IN WHICH SHE GAVE MESIC NO ROOM FOR POLITICAL 
MANEUVERING.  SHE SAID WITHDRAWAL OF THE INDICTMENT IS NOT 
POSSIBLE, AND THE "ONLY SOLUTION" IS FOR GOTOVINA TO 
SURRENDER VOLUNTARILY OR BE ARRESTED AND TRANSFERRED TO THE 
HAGUE AND TO APPEAR BEFORE THE COURT.  DEPUTY PRIME MINISTER 
GRANIC ANNOUNCED THAT THE GOC WOULD RESPECT THE LAW OF THE 
LAND; IF GOTOVINA PRESENTS HIMSELF, THE GOC WILL HAVE HIM 
ARRESTED, EVEN IF THE ARREST TAKES PLACE AT PANTOVCAK 
(MESIC'S RESIDENCE). 
 
4. (C) MESIC'S INTERVENTION ON BEHALF OF GOTOVINA HAS GIVEN 
HIM A POLITICAL BOOST, AND WAS A SOLID SWIPE AT THE HDZ'S 
FIRM GRASP ON THE POLITICAL RIGHT.  THE HDZ HAD USED 
GOTOVINA, WIDELY ACCLAIMED AND ACCEPTED AS A WAR HERO, AS A 
SYMBOL OF OPPOSITION TO COOPERATION WITH ICTY.  WHATEVER THE 
REASONS -- PRESSURE FROM SFOR IN BOSNIA, INTENSIFIED ACTION 
ON THE PART OF THE CROATIAN POLICE, OR THE ARREST OF RAJIC 
AND THE SUBSEQUENT INVESTIGATION OF THE CIRCUMSTANCES OF HIS 
HIDING AND WHO WAS ABETTING IT -- GOTOVINA HAS NOW DELINKED 
HIS FUTURE FROM THE POLITICAL RIGHT AND HAS EFFECTIVELY 
PLACED MESIC AT THE HELM OF HIS DEFENSE.  FOR THE PAST YEAR, 
MESIC HAS BEEN CALLING FOR GOTOVINA TO TURN HIMSELF IN. 
MESIC HAS POSITIONED HIMSELF WELL; BY PICKING UP THE MANTEL 
ON GOTOVINA, HE UNDERCUTS THE MODERATE RIGHT BY PROCLAIMING 
THAT THE HDZ MISUSED GOTOVINA, WHILE AT THE SAME TIME HE CAN 
    DEMONSTRATE COOPERATION WITH ICTY AND RESPECT FOR THE LAW. 
THE PRESS IS SPECULATING THAT, IF HE SUCCEEDS, MESIC IS NOW 
CERTAIN TO WIN THE NEXT PRESIDENTIAL ELECTION. 
 
 
5. (C) OSARIO TOLD US THE EXCHANGE OF LETTERS AND THE 
PROVISION OF DOCUMENTS FROM THE PRESIDENTIAL ARCHIVES 
(DOCUMENTS FROM THE TUDJMAN ARCHIVES), DESPITE THE FACT THEY 
CONTAIN NO NEW INFORMATION, REPRESENT A SEA CHANGE IN THE 
CASE.  "WE HAVE GONE FROM A VACUUM TO NOW MOVEMENT," HE SAID, 
NOTING THAT GOTOVINA'S LAWYERS HAVE NEVER ONCE BEEN IN DIRECT 
CONTACT WITH THE ICTY OFFICE.  THE DISCUSSION MAY NOW EVOLVE 
THROUGH THE PRESS, BUT THE MODALITIES OF GOTOVINA'S ARREST 
AND TRANSFER ARE AT LEAST NOW BEING DISCUSSED.  OSARIO 
DECLINED TO PREDICT WHEN GOTOVINA MIGHT SHOW UP IN THE HAGUE, 
THOUGH HE ASSERTED THAT THERE IS "NO WAY BACK." 
MOON 
 
NNNN