VZCZCXRO4318
RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHVB #0956/01 2921355
ZNR UUUUU ZZH
R 191355Z OCT 07
FM AMEMBASSY ZAGREB
TO RUEHC/SECSTATE WASHDC 8245
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

UNCLAS SECTION 01 OF 02 ZAGREB 000956 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR S/WCI WILLIAMSON 
DEPT FOR EUR/SCE HOH AND BALIAN 
DEPT FOR INR/MORIN 
NSC FOR BRAUN 
SARAJEVO FOR CARLIN 
BELGRADE FOR NAZZARO 
PODGORICA FOR LIE 
PRISTINA FOR LUM 
 
E.O. 12958: N/A 
TAGS: KAWC ICTY PREL PGOV HR WAR CRIMES
SUBJECT: REGIONAL PROSECUTORS MEET ON WAR CRIMES COOPERATION 
 
¶1. (U) SUMMARY: Between 2-4 October, on the island of Hvar in 
Croatia, S/WCI and DoJ OPDAT hosted a regional conference on war 
crimes cooperation that gathered Chief State Prosecutors and their 
deputies from Bosnia, Croatia, Macedonia, Montenegro, and Serbia, 
together with representatives of ICTY, USG, and OHR in Bosnia.  The 
conference addressed the transition in responsibility for 
prosecuting war criminals from the ICTY to regional prosecutors, 
focusing on the need for regional cooperation.  Among the items 
discussed were the transfer of cases from the ICTY, extradition 
issues, State Prosecutors' efforts to compile an inventory of cases, 
access to ICTY documents and archives, and the exchange of 
information between State Prosecutors.  The conference deepened 
dialogue and the existing cooperation and laid out a path for 
transition after ICTY's closure.  Participants offered 
recommendations for the transition, including enhancement of ICTY's 
transition team presence in the region, training on database access, 
and the creation of a standardized regional protocol for war crimes 
prosecution.  After reviewing current cooperation the participants 
agreed that regional cooperation on war crimes generally is strong 
and efficient.  END SUMMARY. 
 
Regional Cooperation Strong 
--------------------------- 
 
¶2. (U) At the event, all state prosecutors agreed that cooperation 
with regard to war crimes prosecutions was satisfactory and ongoing, 
facilitated by bilateral agreements that allow direct cooperation 
between state prosecutors in all criminal matters and that permit 
the efficient and timely exchange of information.  Regarding war 
crimes prosecutions and ongoing investigations, Croatian Chief State 
Prosecutor Mladen Bajic pointed to Croatian agreements on the 
transfer of evidence with Serbia and Montenegro, which provide for 
direct exchange and transfer of evidence between countries.  These 
agreements have helped alleviate the issue of non-extradition, 
which, according to domestic legislation, prevents the extradition 
of a citizen to a foreign country.  To date, Croatia has 
successfully transferred information pertaining to several cases to 
Serbia and to Montenegro.  Bosnia has not signed an agreement with 
Croatia, Serbia or Montenegro because of a lack of domestic 
political support. 
 
Croatians to Share Methodology Regionally 
--------------------------------------------- 
 
¶3. (U) Regional Prosecutors assessed cooperation with the ICTY as 
very good, especially regarding the transfer of 11 bis cases.  It 
was agreed that Croatian prosecutors would share their database with 
other participants.  In particular, their methodology groups 
information on war crimes cases by events, rather than by 
individuals.  It should provide a uniform practice of information 
grouping and data compatibility, and will enhance the regional 
exchange of information.  Participants noted the need to compile a 
regional inventory of cases so as to avoid duplication of 
investigations.  State Prosecutors from Croatia recommended 
comprehensive training on ICTY's database, as until now they have 
encountered difficulties in searching for files and evidence among 
nine million different documents.  Croatia's Deputy State Prosecutor 
Dragan Novosel told participants it was necessary to train some 
staff on electronic databases research, which ICTY offered to 
regional prosecutors. 
 
Recommendations and Conclusions 
--------------------------------- 
 
¶4. (U) Draft conclusions of the conference, subject to revision by 
the ICTY and the Prosecutors of Bosnia, Croatia, Macedonia, 
Montenegro, and Serbia, are as follows: 
 
BEGIN TEXT: 
 
Reaffirming the conclusions of the Brijuni meeting, all parties will 
continue to work towards their achievement.  In addition: 
 
- The ICTY Transition Team will continue to visit capitals. 
- The ICTY will increase access to the Electronic Data System and 
increase training. 
- All parties will seek solutions to the problem of access to 
protected information held by the ICTY or governments. 
- Prosecutors in the region will provide inputs on issues and 
capabilities that should be addressed in the ICTY legacy/residual 
process, including the role of the transition team (or a similar 
expert group) once the Tribunal closes. 
- Prosecutors in the region will support trips to The Hague by 
prosecutors and/or appropriate staff, working closely with the ICTY 
 
ZAGREB 00000956  002 OF 002 
 
 
to address language compatibility issues that might interfere with 
the process. 
- Croatia's Office of the Chief State Prosecutor will share its 
database with other prosecutors' offices in the region and elicit 
comments within 15 days. 
- All parties will develop means to identify successful practices 
and prosecutorial tools (such as the Croatian database) and 
facilitate the sharing of information on these approaches between 
offices. 
 
Noting the utility of continuing discussions on a range of issues 
addressed both at Brijuni and Hvar, parties agree to continue to 
meet regularly to discuss the Brijuni process, as needed, and to 
continue to consult informally as well.  This cable was cleared by 
S/WCI/Lavine.  END TEXT 
 
BRADTKE