El caso Couso

Cable en el que se asegura que el fiscal comprende las implicaciones políticas del 'caso Couso'

La embajada asegura en enero de 2007 que hará seguimiento del proceso con miembros del Gobierno de España

01 dic 2010 - 13:00CET

ID:	93036
Date:	2007-01-18 17:39:00
Origin:	07MADRID101
Source:	Embassy Madrid
Classification:	UNCLASSIFIED//FOR OFFICIAL USE ONLY
Dunno:	05MADRID4308 07MADRID26 07MADRID82
Destination:	VZCZCXRO1824 PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV DE RUEHMD #0101 0181739 ZNR UUUUU ZZH P 181739Z JAN 07 FM AMEMBASSY MADRID TO RUEHC/SECSTATE WASHDC PRIORITY 1666 INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0132 RUEHLA/AMCONSUL BARCELONA PRIORITY 2374 RUEAIIA/CIA WASHDC PRIORITY RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RUCNFB/FBI WASHDC PRIORITY RUCAACC/HQ USCENTCOM MACDILL AFB FL PRIORITY RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY RUEKJCS/JOINT STAFF WASHDC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY
UNCLAS MADRID 000101 SIPDIS SIPDIS SENSITIVE L/LEI FOR KEN PROPP AND MARK KULISH E.O. 12958: N/A TAGS: PREL, MARR, SP SUBJECT: SPAIN/COUSO CASE: MEETING WITH CHIEF PROSECUTOR REF: A. MADRID 82 B. MADRID 26 C. 2005 MADRID 4308 1. (SBU) Embassy officials from Legat, the Consular Section, and the Political Section met with National Court Chief Prosecutor Javier Zaragoza on 1/18 to review developments in the Spanish court case charging three U.S. servicemen with murder and war crimes in the April 2003 death of Spanish cameraman Jose Couso during the takeover of Baghdad (REFS A and B). Poloff noted that they were not acting under instruction and simply wanted to meet informally with Zaragoza to review a case of great sensitivity to the USG. Emboffs noted the rapid decision of Examining Magistrate Santiago Pedraz to re-issue international detention orders against the three accused servicemen (REF B) and asked whether Spanish authorities intended to submit bilateral extradition requests to the U.S. as well for the three servicemen. 2. (SBU) Zaragoza said that he was not yet in a position to determine whether or not bilateral extradition requests would be filed because he had not reviewed the case himself sufficiently to establish the best course of action (Zaragoza was not working at the National Court at the time the Couso case was reviewed and dismissed). He noted that the Couso case had moved swiftly at a time when he was preoccupied with the recent handover of ETA terrorist suspects to Spain by French authorities, which involved new legal ground for the Spanish authorities. However, Zaragoza said that he was aware of Spanish Attorney General Candido Conde Pumpido's interest and involvement in the case (REF C) and assured Emboffs that his office would carefully study all aspects of the case and would proceed at a deliberate pace. He said that the existence of a U.S. investigation of the incident was understood to be an important consideration, but left open the possibility that the Prosecutor's Office would seek additional information from USG authorities. 3. (SBU) The Consular Section's legal adviser asked Zaragoza whether he could confirm news reports that the Examining Magistrate had requested that his office prepare a report on whether U.S. assets could be embargoed (frozen) as part of a civil component of the Couso family's suit against the U.S. servicemen. Zaragoza scanned the Examining Magistrate's request and said that the magistrate's order merely transmitted this request by the plaintiffs; the National Prosecutor's office had to undertake a careful review of Spanish case law before responding to the request. //COMMENT// 4. (SBU) Our objective in this initial meeting with Zaragoza was to sensitize him to the USG's concerns in this case, since he had no involvement in this case when it first came before the National Court. Zaragoza is a seasoned prosecutor with a clear understanding of the political implications of this case and we anticipate that he will proceed as carefully as he said he would. As soon as Zaragoza informs us how he intends to proceed, we will convey this information to interested Washington agencies. We will also follow up at higher levels in the Spanish Government to reinforce the implications of this case for bilateral relations and on international law. Aguirre