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Viewing cable 07ZAGREB1074, Ademi-Norac Trial Transferred from ICTY Continues,

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Reference ID Created Released Classification Origin
07ZAGREB1074 2007-12-13 13:26 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Zagreb
VZCZCXRO0924
RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHVB #1074/01 3471326
ZNR UUUUU ZZH
R 131326Z DEC 07
FM AMEMBASSY ZAGREB
TO RUEHC/SECSTATE WASHDC 8417
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
UNCLAS SECTION 01 OF 02 ZAGREB 001074 
 
SIPDIS 
 
DEPT FOR EUR/SCE HOH AND BALIAN 
DEPT FOR S/WCI WILLIAMSON 
DEPT FOR INR/MORIN 
NSC FOR BRAUN 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: KAWC ICTY PREL PGOV HR
SUBJECT: Ademi-Norac Trial Transferred from ICTY Continues, 
Additional Witnesses Appear 
 
Ref: (A) Zagreb 1000 (B) Zagreb 853 
 
Sensitive But Unclassified.  Please Handle Accordingly. 
 
1. (SBU) Summary and Comment.  The trial of Croatian Army Generals 
Rahim Ademi and Mirko Norac, the only so-called 11 bis case 
transferred from the ICTY to Croatia, continued throughout November 
in Zagreb.  The two are the highest-ranking Croatian military 
officers to be tried for war crimes in domestic courts. (Ref B)  The 
men are charged with individual and command responsibility for 28 
ethnic Serb civilian deaths that occurred during the 1993 "Medak 
Pocket" military operation in central Croatia aimed at regaining 
Serb-held territory.  By the end of November, 42 prosecution 
witnesses testified, including five endangered witnesses.  None of 
the witnesses to date were eyewitnesses to alleged crimes; rather 
they have testified about military operations, location of remains 
of civilians and soldiers, or the existence or non-existence of a 
military sector called "Sector One."  Following the worrisome 
non-appearance of witnesses in October reported in ref A, the five 
endangered witnesses testified via video-link and another six 
appeared for the prosecution; all reside in either Serbia or Bosnia. 
 Their appearance allays some immediate concerns, but still 
highlights the ongoing, widespread challenges faced in the Croatian 
judiciary with witness facilitation and effective regional judicial 
cooperation.  End Summary and Comment. 
 
Some Witnesses Appear, Institutional Problems Remain 
 
2. (SBU) Following the testimony of the 11 witnesses and victims, 
State Prosecutor for War Crimes Antun Kvakan told us he is pleased 
with the way the trial is progressing.  According to him, the volume 
and quality of evidence clearly points to criminal responsibility of 
both defendants.  While he admitted to problems in locating 
witnesses in the region and acknowledged the Ministry of Justice's 
(MOJ) weak capacity, he argued that the MOJ is doing its best.   In 
addition, he doesn't believe the lack of witness appearances will 
impact negatively on his case.  The presiding judge Marin Mrcela 
told us the presence of the six victims who testified was 
facilitated by his contacts with judges in Serbia, the Croatian 
MOJ's Witness Support Unit, and the Ministry of Interior's Witness 
Protection Unit (which is actually designed only for highly 
threatened witnesses).  Of the 45 witnesses proposed by the 
prosecution who have not appeared, 10 can still not be located, five 
or six have died, and six reported to the court that they will not 
appear.  Three of those will likely be facilitated via video link. 
Four additional victims/witnesses are scheduled to testify in 
December.  By Post's calculations, about 19 witnesses and victims 
are therefore "no-shows" for various reasons.  At the prosecutor's 
request, the presiding judge has also requested testimony of former 
UNPROFOR staff, which Kvakan believes will strengthen the 
prosecution's case.  Several witnesses residing in the US have also 
been requested to testify. 
 
3. (SBU) Despite Kvakan's optimism, outside observers see chronic 
institutional faults as a key obstacle for the prosecution.  Thomas 
Osorio, Head of the ICTY Prosecution Office in Croatia, believes the 
MOJ's floundering Witness Support Unit could be immediately 
strengthened simply with political support and will.  He told us the 
MOJ has not made a sufficient effort to cooperate regionally on this 
case to find witnesses.   OSCE trial monitors also reported that 
during testimony by endangered witnesses, information that revealed 
the identity of four of the endangered witnesses was revealed 
through voluntary statements by the witnesses, as well as in 
response to questions from the presiding judge.  As a result, the 
identity of the witnesses became apparent, and was included in the 
hearing minutes and consequently published in the national media. 
 
4. (SBU) Veselinka Kastratovic from the trial monitoring NGO Center 
for Peace, which has teamed up with Serbia's Humanitarian Law Center 
to cover the trial, repeated earlier criticism reported in ref A how 
prosecutors refrain from contacting any witnesses.  NGOs claim that 
they know where additional witnesses are located.  The lack of 
turnout is therefore largely due to the passive nature of the 
judicial process.  The NGOs also criticized the prosecution for not 
being adequately aggressive or detailed in its questioning. 
 
Testimony Divided: Did Sector One Exist? 
 
5. (U) One of the most controversial issues in the trial is the 
existence of Sector One - a temporary military formation created 
only for the purpose of the Medak Pocket operation, comprised of the 
9th Guards Motorized Brigade, Special Police Units, and a local Home 
Guards Battalion - supposedly commanded by Norac.  The existence of 
Sector One would directly establish Norac's command responsibility 
during the operation.  Some former military members confirmed its 
existence, while others denied it.  According to some officers, the 
 
ZAGREB 00001074  002 OF 002 
 
 
Sector was under Ademi's control, while other witnesses testified, 
and the prosecution argues, that the Sector was placed under Norac's 
control. 
 
6. (U) To date, none of the witnesses testified they saw or heard 
Ademi or Norac executing or ordering the commission of war crimes; 
instead they described cases of arson, looting and destruction of 
villages and killings of civilians.  One witness testified that he 
had heard Croatian Army soldiers telling each other that all people 
found in the village had to be executed.  Most of the former 
Croatian Army officers stated that they had not seen any civilians 
mistreated or killed, that properties were neither looted nor 
destroyed, and that all soldiers had been acquainted with the Geneva 
Convention.  However, one military doctor testified that he had 
found signs of torture on the bodies of dead Serb civilians.  A few 
others testified that Norac was a brash young officer who was out of 
control, and that crimes did occur.  Several witnesses characterized 
the two accused generals as war heroes who had only done their job. 
 
 
Endangered Witnesses Testify to Crimes 
 
7. (U) Two endangered witnesses who testified were the son and 
daughter of a murdered female civilian.  The woman was found after 
the Operation with a bullet in the back of her head, several bullets 
in her chest and the fingers of her right hand cut off.  The nature 
of her death and those of other civilians puts into question the 
defense's charges that deaths were collateral - largely from 
shelling.  According to the witnesses' testimonies, their mother was 
killed while fleeing before the Croatian Army.  The victim's son 
also testified that he had seen several massacred bodies of 
civilians in the town of Korenica where they were transferred for 
identification. 
 
8. (U) Three other Serb witnesses who testified were residents of 
villages in the Medak Pocket at the time of the Operation and 
testified about the killing of family members and property 
destruction.  However, none of these witnesses had any direct 
knowledge of crimes or perpetrators.  One witness resides in 
Croatia, while a second traveled from Serbia to testify.  The third 
described destruction and killings in his village via video-link 
from an undisclosed location, with his voice and image distorted. 
Commander of the Engineer Corps Jozo Nenandic testified that 
Croatian forces deliberately destroyed civilian facilities during 
their retreat.  Crimes were not committed during the successful 
operation, but damage during the retreat tainted the reputation of 
the operation, Nenadic stated.  In the next ten days before the 
Court's holiday break, testimony is scheduled for four 
victim/witnesses proposed by the prosecution, and four witnesses 
proposed by the defense. 
 
BRADTKE