Cablegate: Decision to Release Glavas Overturned

VZCZCXRO2838
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHVB #1466 3461340
ZNR UUUUU ZZH
P 121340Z DEC 06
FM AMEMBASSY ZAGREB
TO RUEHC/SECSTATE WASHDC PRIORITY 7031
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

UNCLAS ZAGREB 001466

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: DECISION TO RELEASE GLAVAS OVERTURNED

REF: ZAGREB 1436 AND PREVIOUS

1. A Zagreb County Court panel of judges on December 11
quashed the December 2 decision of investigative judge Zdenko
Posavec to release MP Branimir Glavas from detention and
suspend further investigative hearings into his suspected
involvement in war crimes against Serb civilians in 1991 in
the so-called "Garage" case (reftels). The panel also
ordered Posavec to request a new medical examination of
Glavas to determine if he is capable, after his 37-day hunger
strike, of following the criminal procedure against him.

2. Deputy State Prosecutor Josip Cule explained to Post that
Judge Posavec must now rule again on the original defense
motion to suspend the investigation and release Glavas from
custody, providing either a different decision or new legal
reasoning for his original ruling. Glavas will remain in the
hospital in Osijek until Posavec announces his decision.

3. Meanwhile, Osijek County Court investigative judge Mario
Kovac must deal with a similar motion from Glavas' defense
attorneys in the so-called "Cello-tape" case. He has stated
publicly that he is waiting for a final ruling from Posavec
before he decides.
BRADTKE

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