VZCZCXRO5468
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHVB #1436 3381340
ZNR UUUUU ZZH
P 041340Z DEC 06
FM AMEMBASSY ZAGREB
TO RUEHC/SECSTATE WASHDC PRIORITY 6997
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

UNCLAS ZAGREB 001436 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR EUR DICARLO; EUR/SCE HOH, BALIAN; 
S/WCI WILLIAMSON, LAVINE; L/EUR JOHNSON; INR MORIN 
DEPT PLEASE PASS TO NSC BRAUN 
 
E.O. 12958: N/A 
TAGS: PGOV KAWC HR WAR CRIMES
SUBJECT: SETBACK IN GLAVAS INVESTIGATION 
 
REF: ZAGREB 1405 AND PREVIOUS 
 
¶1. SUMMARY AND COMMENT: Zagreb County Court investigative 
judge Zdenko Posavec decided December 2 to release MP 
Branimir Glavas from detention and suspend further 
investigative hearings into his suspected involvement in war 
crimes against Serb civilians in 1991 due to his deteriorated 
health after a 37-day hunger strike (reftels).  According to 
the court, the investigation (the equivalent of a U.S. grand 
jury) will resume when Glavas' health improves enough for him 
to follow the proceedings.  The press speculates this could 
take a month or more.  The office of Chief State Prosecutor 
Mladen Bajic told Post he plans to appeal as soon as he 
receives the text of the decision.  He will also request to 
see a medical report attesting to Glavas' condition.  A panel 
of judges from the Zagreb court will likely rule on a Bajic 
appeal this week. 
 
¶2. While Glavas supporters celebrated, legal experts and the 
media attacked the decision to release him.  One editorialist 
declared, "The rule of law has died in Croatia."  Top 
judicial experts said there appears to be no legal basis for 
the decision of Judge Posavec, who has drawn criticism 
throughout the so-called "Garage" case.  Glavas has succeeded 
in manipulating at least part of the Croatian judiciary this 
time, but the appeals panel may yet pass this test of 
judicial credibility.  END SUMMARY AND COMMENT. 
 
GoC OFFICIALLY SILENT, UNOFFICIALLY OUTRAGED 
-------------------------------------------- 
 
¶3. PM Sanader and his cabinet have made no public comment on 
the Posavec ruling but must be frustrated after the pitched 
political battle over stripping Glavas of his parliamentary 
immunity from detention.  Papers quoted unnamed government 
sources expressing grave concern and fear that the rule of 
law is under threat. 
 
¶4. Bajic has also avoided public comment, waiting until he 
files his appeal.  He was reportedly more upset by the 
suspension of investigative hearings than by Glavas' release, 
because he would have been able to file an indictment after 
the testimony of only a few more witnesses.  His office told 
Post that Judge Posavec had many other options, such as 
ordering the prison hospital to take all necessary medical 
measures to protect Glavas' life (including forced 
intravenous feeding) and continuing hearings in Glavas' 
absence.  Under Croatian law, detention should end only when 
the grounds for detention cease to exist.  As Glavas was 
under detention based on the gravity of the criminal 
accusations, the grounds remain unchanged. 
 
¶5. Bajic had already demonstrated his frustration with 
Posavec when he filed the second investigation into Glavas' 
wartime activities, the so-called "Cello-tape" case, in 
Osijek rather than Zagreb.  This move came after Posavec 
repeatedly refused to order Glavas' detention despite 
evidence of witness intimidation.  Glavas' defense attorneys 
told the press they will file a motion in Osijek today to 
suspend the second investigation as well based on the 
defendant's health following his hunger strike. 
BRADTKE