VZCZCXRO9208
PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHBW #1124/01 3040722
ZNR UUUUU ZZH
P 300722Z OCT 08 ZDK CTG RUEHFT #9206
FM AMEMBASSY BELGRADE
TO RUEHC/SECSTATE WASHDC PRIORITY 0587
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHEHNS/NSC WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/HQ USEUCOM VAIHINGEN GE

UNCLAS SECTION 01 OF 02 BELGRADE 001124 
 
DEPT FOR EUR/SCE (P. PETERSON), CA/OCS/ACS (O. KINDER), L/LEI (P. 
GUTHERIE), L/DL (C. BROWN), L/CA (G. BRANCATO), CA/OCS/PRI (E. 
BETANCOURT) 
 
SARAJEVO FOR LEGATT 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: CJAN PREL PGOV ODIP EAID SR
SUBJECT:  SERBIAN JUDGE ORDERS FUGITIVE KOVACEVIC TO BE HELD WITHOUT 
BAIL 
 
REF: BELGRADE 1116 
 
BELGRADE 00001124  001.2 OF 002 
 
 
Summary 
------- 
 
¶1.  (SBU) A Serbian judge has denied bail to fugitive Miladin 
Kovacevic and former consul Slobodan Nenadovic, meaning both will 
spend at least 30 days behind bars while Serbian investigators look 
into charges against them.  The story has attracted significant 
local press coverage, with much ink devoted to the question of 
whether the United States has ceded prosecution - or merely 
investigation - of Kovacevic to the Serbian authorities.   End 
Summary. 
 
Judge Denies Bail 
----------------- 
 
¶2.  (U) Late on October 28, an investigative judge of the Belgrade 
Second Municipal Court ordered Serbian fugitive Miladin Kovacevic to 
be detained for an initial 30 day period without bond.  (As reported 
reftel, Kovacevic was detained on October 28 in connection with his 
alleged assault of U.S. citizen Bryan Steinhauer in May and his 
subsequent flight from justice using a travel document obtained from 
the Serbian consulate in New York under suspicious circumstances.) 
 
¶3.  (SBU) Ministry of Justice State Secretary Slobodan Homen 
informed post's Resident Legal Advisor of the decision the same 
evening, explaining that under Serbian law the detention would be 
reviewed at the conclusion of the initial 30 day period.  Homen 
confirmed that the judge had also ordered the detention of former 
Serbian consul Slobodan Nenadovic for 30 days while his role in the 
case was investigated. 
 
Story Dominates Press 
--------------------- 
 
¶4.  (U) The story of Kovacevic's arrest dominated all electronic and 
print media, featuring for the first time photos of a severely 
injured Steinhauer in the hospital.  The media noted that the judge 
had ordered Kovacevic's detention in order to prevent him from 
influencing witnesses during the investigation and also to prevent 
him from fleeing Serbia.  According to media reports, Kovacevic is 
suspected of abetting the misuse of office, forging documents, and 
inflicting serious bodily injuries on American student Bryan 
Stn|{qQ~Q|ic approximately one month ago, told the press that 
during the hearing Kovacevic had exercised his right to silence ??d{QN!Lbeen handed 
over from the United States to Serbia, and that the Court has 
started proceedings on the request of the Serbian prosecution. 
 
¶6.  (U) Homen stated during a lengthy B92 television interview that 
the U.S. Department of Justice transferred the case to the Serbian 
judiciary for the purpose of investigation, but muddied the waters 
somewhat by referring to the possibility of eventual prosecution. 
Tanjug reported that the United States had not transferred 
prosecution of the case to the Serbian judiciary; rather, the U.S. 
Justice Department had provided their Serbian counterparts with 
documents on the case against Kovacevic in early in October for 
investigative purposes.  (Comment:  Some of the confusion in the 
Serbian press arises from terminology; in the Serbian legal system, 
the investigation is part of the prosecution process rather than a 
separate phase.  End Comment.)  Although it sourced the information 
incorrectly to the Embassy, Tanjug based its story in part on Broome 
County District Attorney Gerry Mollen's October 9 comments to the 
U.S. press, in which he said he had provided copies of criminal 
documents to Serbian prosecutors for investigative purposes only, 
and that he would not consent to prosecution of Kovacevic in 
Serbia. 
 
Comment 
------- 
 
BELGRADE 00001124  002.2 OF 002 
 
 
 
¶7.  (SBU) The public and media reaction to Kovacevic's detention has 
thus far been quite restrained, with none of the "Serbian martyr" 
spin we saw over the summer.  Judging from the reactions of a number 
of local contacts, the release of photos of Steinhauer had a 
dramatic impact on public perception of the case.  End comment. 
 
MUNTER