Cablegate: Setback in Glavas Investigation

VZCZCXRO5468
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHVB #1436 3381340
ZNR UUUUU ZZH
P 041340Z DEC 06
FM AMEMBASSY ZAGREB
TO RUEHC/SECSTATE WASHDC PRIORITY 6997
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

UNCLAS ZAGREB 001436

SIPDIS

SIPDIS

DEPT FOR EUR DICARLO; EUR/SCE HOH, BALIAN;
S/WCI WILLIAMSON, LAVINE; L/EUR JOHNSON; INR MORIN
DEPT PLEASE PASS TO NSC BRAUN

E.O. 12958: N/A
TAGS: PGOV KAWC HR WAR CRIMES
SUBJECT: SETBACK IN GLAVAS INVESTIGATION

REF: ZAGREB 1405 AND PREVIOUS

1. SUMMARY AND COMMENT: Zagreb County Court investigative
judge Zdenko Posavec decided December 2 to release MP
Branimir Glavas from detention and suspend further
investigative hearings into his suspected involvement in war
crimes against Serb civilians in 1991 due to his deteriorated
health after a 37-day hunger strike (reftels). According to
the court, the investigation (the equivalent of a U.S. grand
jury) will resume when Glavas' health improves enough for him
to follow the proceedings. The press speculates this could
take a month or more. The office of Chief State Prosecutor
Mladen Bajic told Post he plans to appeal as soon as he
receives the text of the decision. He will also request to
see a medical report attesting to Glavas' condition. A panel
of judges from the Zagreb court will likely rule on a Bajic
appeal this week.

2. While Glavas supporters celebrated, legal experts and the
media attacked the decision to release him. One editorialist
declared, "The rule of law has died in Croatia." Top
judicial experts said there appears to be no legal basis for
the decision of Judge Posavec, who has drawn criticism
throughout the so-called "Garage" case. Glavas has succeeded
in manipulating at least part of the Croatian judiciary this
time, but the appeals panel may yet pass this test of
judicial credibility. END SUMMARY AND COMMENT.

GoC OFFICIALLY SILENT, UNOFFICIALLY OUTRAGED
--------------------------------------------

3. PM Sanader and his cabinet have made no public comment on
the Posavec ruling but must be frustrated after the pitched
political battle over stripping Glavas of his parliamentary
immunity from detention. Papers quoted unnamed government
sources expressing grave concern and fear that the rule of
law is under threat.

4. Bajic has also avoided public comment, waiting until he
files his appeal. He was reportedly more upset by the
suspension of investigative hearings than by Glavas' release,
because he would have been able to file an indictment after
the testimony of only a few more witnesses. His office told
Post that Judge Posavec had many other options, such as
ordering the prison hospital to take all necessary medical
measures to protect Glavas' life (including forced
intravenous feeding) and continuing hearings in Glavas'
absence. Under Croatian law, detention should end only when
the grounds for detention cease to exist. As Glavas was
under detention based on the gravity of the criminal
accusations, the grounds remain unchanged.

5. Bajic had already demonstrated his frustration with
Posavec when he filed the second investigation into Glavas'
wartime activities, the so-called "Cello-tape" case, in
Osijek rather than Zagreb. This move came after Posavec
repeatedly refused to order Glavas' detention despite
evidence of witness intimidation. Glavas' defense attorneys
told the press they will file a motion in Osijek today to
suspend the second investigation as well based on the
defendant's health following his hunger strike.
BRADTKE

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