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Viewing cable 08ZAGREB410, CROATIAN GENERAL CONVICTED OF WAR CRIMES, ANOTHER GENERAL

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Reference ID Created Released Classification Origin
08ZAGREB410 2008-06-03 11:08 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Zagreb
VZCZCXRO9762
PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHVB #0410/01 1551108
ZNR UUUUU ZZH
P 031108Z JUN 08
FM AMEMBASSY ZAGREB
TO RUEHC/SECSTATE WASHDC PRIORITY 8354
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
UNCLAS SECTION 01 OF 02 ZAGREB 000410 
 
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:  CROATIAN GENERAL CONVICTED OF WAR CRIMES, ANOTHER GENERAL 
ACQUITTED 
 
REF: (A) Zagreb 121 (B) 2007 Zagreb 1000 (C) 2007 Zagreb 853 
 
1. (SBU) SUMMARY: On 30 May, Zagreb's County Court returned verdicts 
against Croatian generals Rahim Ademi and Mirko Norac, the 
highest-ranking Croatian military officers to be tried for war 
crimes in domestic courts.  Both men were accused of commanding 
troops who killed 28 civilians and POWs and destroyed property 
during the 1993 Medak Pocket operation.  Transferred from the ICTY 
in 2005, the case became a test of the capacity of Croatia's courts 
to try their own military officers.  The three-judge panel found 
Norac, an ethnic Croat, guilty on two counts of failing to prevent 
crimes against civilians and POWs, while it found Ademi, an ethnic 
Albanian, not guilty on all counts.    Norac was sentenced to seven 
years.  The judge accepted Ademi's defense that parallel lines of 
command existed which circumvented Ademi and allowed direct 
communication between Norac and higher commanders in Zagreb (REF C). 
 However, some observers questioned how Norac, a young officer at 
the time, could be held responsible for the crimes while 
higher-ranked officers remain un-indicted. 
 
2. (SBU) COMMENT:  Domestic and international observers praised the 
conduct of the trial, which was relatively speedy and without 
protest or courtroom disorder - a stark contrast to some other 
domestic war crimes trials, such as the on-going case against MP 
Branimir Glavas.  Witnesses from several other countries, including 
Serbia, successfully testified during the trial. Post provided 
assistance in obtaining witness testimony, which the presiding judge 
described as crucial to the case, from victims located in the U.S. 
The closely-watched trial demonstrated the growing maturity of 
Croatian courts and their ability to provide fair trials of ethnic 
Croatians.  The smooth conduct of the trial has also reduced the 
risk of public backlash against the conviction of General Norac. 
While Croatian courts still have a ways to go to improve their 
overall professionalism, this trial is an encouraging sign.  END 
SUMMARY AND COMMENT. 
 
PARALLEL LINES OF COMMAND AND FAILURE TO PREVENT CRIMES 
------------------------------------------- 
 
3. (U) In his explanation of the verdict, presiding judge Marin 
Mrcela confirmed that Norac was indeed in command of the 9th 
Brigade, the unit in Medak Pocket when the crimes were committed. 
The judge found that though Norac knew crimes were being committed 
against civilians and POWs, he failed to prevent and punish those 
crimes.  Norac received five years each for two such counts, but was 
sentenced overall to seven years.  Under Croatian law, war crimes 
charges carry a minimum sentence of five years and a maximum of 20 
years.  Norac is currently serving a twelve-year sentence for 
unrelated war crimes in the Gospic area. 
 
4. (U) Explaining the not guilty verdict for Ademi, the judge said 
the panel was unable to establish Ademi's command responsibility 
over the Medak Pocket region in September 1993.  Although Ademi 
out-ranked Norac, testimony indicated that Norac was taking orders 
from a parallel chain of command headed by Janko Bobetko, then chief 
of the general staff, and Gojko Susak, minister of defense.  (Both 
are now deceased.)  The judge found that Ademi had briefed soldiers 
on the Geneva Convention in advance of the operation, he was not 
present in the field, and he had no knowledge of those crimes being 
committed.  In addition, Mrcela agreed with Ademi's defense that his 
scope of authority had been reduced and that he had been 
circumvented in the chain of command. 
 
5. (SBU) Testimony during the trial indicated that orders were being 
issued by Admiral Domagoj Domazet, who was head of the intelligence 
service of the Army's Chief of Staff.  Testimony incriminated both 
Domazet and Mladen Markac (currently on trial in the Hague on 
separate charges), who was head of the special police at the time. 
Despite Domazet's denial of a parallel chain of command, some 
observers are calling on prosecutors to raise an indictment against 
him. 
 
JUDICIAL PROCESS LARGELY FREE FROM CRITICISM 
------------------------------------- 
 
6. (SBU) Observers generally agree that the domestic judicial 
process succeeded: the trial was completed in a relatively speedy 
ten months, and, in stark contrast to other domestic war crimes 
cases in recent memory, was without protests or courtroom disorder. 
Commentator and ICTY-follower Ivan Zvonimir Cicak praised the 
process, calling it an indication of Croatia's ability to 
independently prosecute war crimes cases.  Former president of the 
Croatian Helsinki Committee, Zarko Puhovski, praised the proceedings 
and the surrounding atmosphere: "The judiciary is independent and 
not biased as previously charged," he concluded.  Vesna Terselic, 
Director of the NGO Dokumenta, which monitors war crimes trials, 
 
ZAGREB 00000410  002 OF 002 
 
 
also noted that the verdict was the first conviction in which a 
highly-ranked soldier was found guilty for command responsibility. 
While not willing to comment publicly, ICTY Liaison Office Head 
Thomas Osorio told us he was generally satisfied with the 
proceedings.  Both the OSCE and local war crimes NGO monitors had no 
objections to the process, although during the trial they had some 
concerns about the GOC's support to witnesses and the prosecutor's 
approach (REFS B and C).  During the trial, Post, with a major 
assist from the State and Justice Departments, facilitated testimony 
of ethnic Serb victims and witnesses in the U.S. via video-link (Ref 
A).  Judge Mrcela was very grateful for the U.S. assistance, noting 
that obtaining this video testimony had been critical to completing 
the case. 
 
MUTED PUBLIC RESPONSE 
--------------------- 
 
7. (U) While human rights groups largely praised the process, and, 
by implication, the verdict, some veterans' groups and politicians 
reacted more negatively.  Several veterans' groups criticized the 
verdict against Norac, denying that there could be confusion about 
who was in command in a wartime operation, and arguing the sentence 
was excessive for someone who neither committed nor ordered criminal 
acts.  Head of the Volunteer Veterans Association Zvonko Milas 
questioned how a young officer such as Norac (who was in his mid-20s 
during the operation) could have been so powerful at the time. 
Former Army General Pavao Miljavac compared the relatively stiff 
sentence against Norac to that handed down last fall by the ICTY 
against three Serbian officers (one acquittal, a five-year sentence 
and a twenty-year sentence) for crimes related to the death of 200 
people outside Vukovar. 
 
8. (U) Overall, however, public response to the verdict was muted. 
One prominent politician, Radimir Cacic of the HNS, said he hoped 
Norac would be acquitted on appeal.  But Veterans' Affairs Minister 
Jadranka Kosor, a close ally of PM Sanader and one of the most 
popular politicians in Croatia among conservative voters, refused to 
comment on the verdict, observing only that the trial had gone 
smoothly.  Just hours after the verdict, a concert on Zagreb's main 
square by nationalist pop singer (and war veteran) Marko Perkovic 
Thompson would have provided a perfect platform for any negative 
reaction.  However, while Thompson made some comments from the stage 
in support of Norac and a few pro-Norac signs appeared in the crowd, 
in general the reaction was low key.  (Details on the Thompson 
concert septel). 
 
LOOKING AHEAD 
------------ 
 
9. (SBU) The written verdict with an explanation is expected from 
the Court within 30 days.  After its release, it is anticipated that 
both the prosecution and Norac's defense team will appeal the 
verdict to the Supreme Court.  Based on the testimony heard in the 
trial, the State Prosecutor is likely to consider charges against 
other military commanders, who were presumably in charge of the 
operation, but so far have made no comment on how they may proceed. 
 
BRADTKE