VZCZCXRO3967
PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHBW #1287/01 3461618
ZNR UUUUU ZZH
P 111618Z DEC 08
FM AMEMBASSY BELGRADE
TO RUEHC/SECSTATE WASHDC PRIORITY 0763
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHEHNS/NSC WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/HQ USEUCOM VAIHINGEN GE

UNCLAS SECTION 01 OF 02 BELGRADE 001287 
 
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:  SERBIA: PLANNED CHANGES TO EXTRADITION LAW WOULD RESOLVE 
KOVACEVIC CASE 
 
REF:  A) BELGRADE 1250, B) BELGRADE 1124, C) BELGRADE 1116 
 
¶1. (U) This cable contains an action request; see para. 3. 
 
 
Summary 
------- 
 
¶2.  (SBU) In order to get on the Schengen "white list" for visa-free 
travel to the European Union, Serbia needs to change its law to 
permit extradition of its nationals.  This change would create a 
legal basis for the extradition of fugitive Miladin Kovacevic, who 
is charged with second degree assault in the United States.  The 
Serbian Ministry of Justice recommends that we begin to negotiate 
the text of a bilateral extradition agreement immediately in order 
to be able to act quickly to extradite Kovacevic once the law is 
changed, which they hope will happen in the spring.  Kovacevic, who 
is currently in pre-trial detention in Belgrade on charges filed by 
the Serbian authorities, may be released in December as the 
investigative phase of the prosecution is largely complete.  Post 
will continue to try to convince Kovacevic to accept a plea 
agreement with U.S. prosecutors before he is released.  We believe 
that it is also crucial to pursue the extradition agreement as a 
fall-back plan.  End Summary. 
 
¶3.  (SBU) Action Request:  Post requests Circular 175 authority to 
begin discussing a bilateral extradition agreement between Serbia 
and the United States.  End Action Request. 
 
 
Law to Be Changed 
----------------- 
 
¶4.  (SBU) In a December 10 meeting, Ministry of Justice State 
Secretary Slobodan Homen informed us that Serbia must change its 
extradition law in order to be included in the Schengen "white list" 
for visa-free travel to the European Union.  (At present, the 
Serbian Constitution is silent on the question of extradition of 
Serbian citizens, while the Criminal Procedural Code [CPC] forbids 
it except to international tribunals.)  The Serbian government is 
currently drafting a Law on Cooperation on International Criminal 
Matters which will supersede the relevant portions of the CPC and 
permit the extradition of Serbian citizens under the terms of 
multilateral or bilateral agreements, or when reciprocity exists. 
 
¶5.  (SBU) Homen said that the government plans to send the draft law 
to Parliament in March as part of a second package of judicial 
reform legislation (Ref A).  He predicted that the law would pass 
easily with the support of the governing coalition, the Liberal 
Democratic Party (which typically supports European integration 
legislation), and possibly even Tomislav Nikolic's Progressive 
Party.  Homen noted that it was fortuitous that EU integration 
required a change to Serbia's extradition laws, as it would be 
politically difficult to amend the CPC solely to resolve the 
Kovacevic case. 
 
 
Desire for Bilateral Extradition Treaty 
--------------------------------------- 
 
¶6.  (SBU) Homen proposed that the United States and Serbia begin 
discussions immediately on a draft bilateral extradition treaty, in 
order to provide the clearest possible legal basis for Kovacevic's 
extradition.  According to Homen, the new Law on Cooperation on 
International Criminal Matters will come into force immediately upon 
passage; Serbia can therefore legally sign extradition agreements as 
soon as the law is passed.  He stated that the Ministry of Justice 
strongly supported the proposal and would work energetically with us 
on the draft language.  Homen also informed us that President Tadic 
follows the Kovacevic case closely and is eager to find a mutually 
acceptable resolution.  We agreed to convey the suggestion to 
Washington and seek guidance. 
 
 
Kovacevic Status 
---------------- 
 
¶7.  (SBU) Kovacevic was detained by the Serbian authorities on 
October 28 on charges of assault, aiding and abetting the misuse of 
authority, and use of a false travel document (Refs B and C).  On 
 
BELGRADE 00001287  002 OF 002 
 
 
November 27, the presiding judge extended his pre-trial detention 
for an additional 30 days.  Kovacevic's attorney Borivoje Borovic 
appealed the detention on the grounds that the information provided 
by the USG related to the May 4 assault of Amcit Bryan Steinhauer in 
Binghamton, New York, was not admissible as evidence in Serbian 
court.  On December 10, the Belgrade District Court hearing the 
appeal overturned the November 27 decision and returned the case to 
the Second Municipal Court for reconsideration. 
 
¶8.  (SBU) Kovacevic remains in custody for the time being, but Homen 
believes he will likely be released when the current 30-day term 
expires on December 28 as the investigation is largely complete. 
The chief prosecutor of the Belgrade District Court told us December 
10 that Kovacevic could be released "within a few days."  Homen 
assured us that the Serbian prosecution of Kovacevic would continue 
even after his release, but noted that it would be impossible to 
pursue the assault charges without additional evidence from the 
United States.  The other two charges related to obtaining a false 
travel document could result in a maximum sentence of two to three 
years, he said; investigators have found no evidence of bribery of 
the Serbian vice consul, despite earlier suspicions. 
 
¶9.  (SBU) Over the past month, post has organized three conference 
calls between Borovic, the Department of Justice, and the Broome 
County prosecutor to discuss the possibility of a plea bargain. 
Borovic has told us that his client is not yet willing to negotiate, 
but has left the door open to further discussions.  The Ministry of 
Justice informed Borovic of the plans to change the extradition law, 
a step which Borovic criticized as "unconstitutional" in the press. 
(Comment:  Borovic is one of Serbia's top defense lawyers.  Despite 
his fiery public rhetoric, he undoubtedly understands the political 
reality that passage is likely and the implications for his client. 
End Comment.)  Homen has agreed to facilitate another meeting for us 
with Kovacevic's family, where we will explain once again why their 
son should take a plea agreement now rather than facing the maximum 
sentence later. 
 
 
Comment 
------- 
 
¶10.  (SBU) Serbia's intention to permit the extradition of its 
citizens is a very positive development for both the rule of law and 
the Kovacevic case.  Given frequent allegations from Kovacevic's 
defenders that the United States is inappropriately influencing the 
Serbian judicial system, it is particularly good news that this 
change is occurring for reasons that have nothing to do with the 
United States and that are a top priority for the majority of 
Serbian citizens - visa-free travel.  We urge extreme caution in 
public and private statements to avoid creating any impression of 
USG involvement in the decision to change the law, as that would 
greatly complicate the parliamentary approval process.  Post looks 
forward to Department guidance on the Serbian proposal to conclude a 
bilateral extradition agreement.  End Comment. 
 
MUNTER