US embassy cable - 03ROME3381

C O N F I D E N T I A L ROME 003381 
 
SIPDIS 
 
DEPT FOR EUR/SCE AND EUR/WE 
 
E.O. 12958: DECL: 0718/2018 
TAGS: IT, MW, PGOV, PREL, SR, EUN 
SUBJECT: ONTENEGRO: POSSIBLE DJUKANOVIC INDICTMENT 
 
REF: . BELGRADE 1650 
 
     B. BELGRADE 1592 
     C. 2 ROME 2729 
 
CLASSIFIED BY: A/POLITICAL MINISTERCOUNSELOR GARY ROBBINS, REASONS 1.5 
     (B) AND (D) 
 
1. (U) ITALIAN PRESS REPORTING OF THE POSSIBLE INDICTMENT OF 
MONTENEGRO'S PM DJUKANOVIC FOR CIGARETTE SMUGGLING HAS BEEN 
MUCH LESS EXTENSIVE THAN THAT IN SERBIA-MONTENEGRO.  THE 
INITIAL PRESS REPORTS JUNE 30 HAVE NOT RECEIVED ANY FOLLOW-UP 
HERE IN ITALY.  THIS IS IN SHARP CONTRAST TO THE SITUATION 
REPORTED IN REF C, WHEN A DIFFERENT PROSECUTOR (IN BARI) 
LEAKED THE NEWS THAT HE WAS CONSIDERING AN INDICTMENT ON 
SIMILAR CHARGES, AND THE STORY DRAGGED ON FOR WEEKS. 
 
2. (SBU) NO NEWS IS GOOD NEWS FOR PETAR PAVIC, CHARGE OF THE 
EMBASSY OF SERBIA AND MONTENEGRO (AMB. MIODRAG LEKIC, A 
MONTENEGRIN BUT NO FRIEND OF DJUKANOVIC, ENDED HIS TOUR IN 
JUNE).  PAVIC HAS BEEN DREADING THE USUALLY PERSISTENT 
QUESTIONING OF THE ITALIAN PRESS, BUT THUS FAR HAS NOT BEEN 
APPROACHED BY ANYONE.  THE LONG-TIME MONTENEGRIN 
REPRESENTATIVE IN ROME, LJUBOMIR PEROVIC, HAS BEEN MORE 
ACTIVE, GIVING INTERVIEWS TO MONTENEGRIN RADIO AND OTHERS. 
PEROVIC TOLD POL MC THAT HE CAN'T BELIEVE THE CHARGES OF 
RECENT (SINCE 2001) CIGARETTE SMUGGLING COULD BE VALID, AS NO 
ITALIAN OFFICIAL HAS RAISED THE ISSUE WITH HIM SINCE THAT 
TIME.  CLEARLY FRUSTRATED THAT HE DOES NOT HAVE THE SAME 
CONTACTS IN NAPLES THAT HE HAD IN BARI (WHERE HE WAS YUGOSLAV 
CG SEVERAL YEARS), PEROVIC IS FOCUSING MORE ON A BLANKET 
DENIAL OF THE CHARGES THAN IN ENGAGING (AS HE DID IN LAST 
YEAR'S CASE) ON SPECULATION ABOUT POLITICAL CONSPIRACIES. 
 
3. (C) UK DCM TOLD EMBASSY THAT THE ITALIAN AMBASSADOR IN 
BELGRADE HAD TOLD EU COLLEAGUES THAT THERE WAS IN FACT 
CONCRETE EVIDENCE OF DJUKANOVIC'S AWARENESS OR INVOLVEMENT IN 
    RECENT SMUGGLING ACTIVITIES.  (PEROVIC HAD HEARD THE SAME 
THING AND SOUGHT TO CONVINCE POL MC THAT THE ITALIAN 
AMBASSADOR COULDN'T POSSIBLY HAVE SUCH DOCUMENTS).  THE 
DIRECTOR OF THE MFA'S BALKANS OFFICE, FERNANDO GENTILINI, 
CONFIRMED THAT THE POTENTIAL CHARGES IN NAPLES ARE MORE 
RECENT AND MORE SERIOUS THAN THOSE INVESTIGATED LAST YEAR BY 
THE BARI PROSECUTOR. 
 
4. (C) GENTILINI ALSO TOLD POLOFF ON JULY 11 THAT THE MFA HAD 
RECEIVED A REQUEST FROM THE PROSECUTOR IN NAPLES FOR AN 
OPINION AS TO WHETHER PRESIDENT DJUKANOVIC AS "HEAD OF 
GOVERNMENT," WOULD BE IMMUNE FROM PROSECUTION IN RELATION TO 
REFTEL CHARGES.  GENTILINI SAID THAT THE MFA WAS WORKING ON 
AN ANSWER "AT THE HIGHEST LEVELS." THE ANSWER WOULD BE 
NEITHER SIMPLE, NOR "BLACK AND WHITE."  THE PROSECUTOR GAVE 
NO DEADLINE TO RECEIVE THE ANSWER; GENTILINI SEES AS A 
POSITIVE SIGN THE FACT THAT THE PROSECUTOR ASKED AT ALL - HE 
WAS NOT OBLIGED TO.  ITALY HAS INFORMED ITS EU PARTNERS OF 
THIS DEVELOPMENT (GENTILINI REQUESTED THAT WE NOT SHARE WITH 
ANYONE THE FACT THAT ITALY HAD INFORMED ITS EU PARTNERS.  IT 
COULD BE A PROBLEM FOR THE MFA IF SUCH INFORMATION GOT BACK 
TO THE PROSECUTOR.)  IF AN INDICTMENT/ARREST WARRANT IS 
ISSUED, WE NEED TO COORDINATE CLOSELY ON A WAY AHEAD, 
GENTILINI CONCLUDED.  AS OF JULY 24 THE MFA HAD NOT 
COMMUNICATED ITS DECISION TO NAPLES, ACCORDING TO GENTILINI. 
 
5. (C) COMMENT: AS WE NOTED LAST YEAR, THE ITALIAN GOVERNMENT 
DOES NOT HAVE THE AUTHORITY TO INITIATE, DIRECT OR QUASH 
INDICTMENTS, WHETHER AIMED AT ITALIAN OR FOREIGN PERSONS, 
GOVERNMENT OFFICIALS OR PRIVATE INDIVIDUALS. THIS POWER 
RESIDES WITH THE FULLY INDEPENDENT ITALIAN JUDICIARY.  IT IS 
    UNUSUAL IN THIS CASE THAT THE PROSECUTOR ASKED THE MFA FOR AN 
OPINION ON WHETHER DJUKANOVIC COULD BE INDICTED.  IN OUR 
OPINION, AND THAT OF ITALIAN AND OTHER DIPLOMATS WITH WHOM WE 
HAVE DISCUSSED THE CASE, DJUKANOVIC'S CURRENT POSITION DOES 
NOT AFFORD HIM ANY IMMUNITY UNDER ITALIAN OR INTERNATIONAL 
LAW.  HOWEVER, IT IS POSSIBLE THAT THE PROSECUTOR (FOR 
WHATEVER REASON) MAY BE SEEKING AN EXCUSE NOT TO PROCEED WITH 
THE INDICTMENT.  GIVEN THE PROBLEMS BOTH THE PROSECUTOR AND 
THE ITALIAN MFA HAD TO FACE AFTER THE 1999 INDICTMENT OF THEN 
MONTENEGRIN FM PEROVIC, IT WOULD NOT SURPRISE US IF BOTH 
INSTITUTIONS WOULD PREFER TO AVOID A SIMILAR, BUT WORSE, 
HEADACHE.  OF COURSE, NO FACTS ABOUT THE ITALIAN JUSTICE 
SYSTEM WILL PREVENT DJUKANOVIC AND SUPPORTERS FROM TAKING THE 
MORE APPEALING COURSE: SEEKING TO CONVINCE EVERYONE 
(INCLUDING THEMSELVES) THAT THIS IS JUST A POLITICAL 
CONSPIRACY DESIGNED TO PRESSURE HIM ON INDEPENDENCE OR OTHER 
ISSUES.  END COMMENT. 
SEMBLER 
 
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 2003ROME03381 - Classification: CONFIDENTIAL