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07 de diciembre de 2010

El caso Couso

Otros cables sobre el caso 'Couso'

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Otros cables sobre el caso Couso . ID:16883 Date:2004-05-13 15:10:00 Origin:04MADRID1731 Source:Embassy Madrid Classification:CONFIDENTIAL Dunno:04STATE89241 Destination:This record is a partial extract of the original cable. The full text of the original cable is not available. C O N F I D E N T I A L MADRID 001731 SIPDIS E.O. 12958: DECL: 05/12/2014 TAGS: PREL, PGOV, SP, Counterterrorism, American - Spanish Relations SUBJECT: DCM'S MEETING WITH MFA STATE SECRETARY BERNARDINO LEON REF: STATE 89241 Classified By: POLITICAL COUNSELOR KATHLEEN M. FITZPATRICK FOR REASONS 1.4 (B) and (D) 1. (C) DCM paid an initial call May 10 on MFA State Secretary Bernadino Leon, who said this was his first meeting SIPDIS with a foreign embassy since taking office. Leon made a point of saying that the new government wanted to have excellent relations with the U.S., especially on counter-terrorism in light of March 11. He said Spain likely would increase its Euro corps presence in Afghanistan and he expressed optimism that Spain would agree to a Provincial Reconstruction Team (PRT) (but said the decision was still pending at MOD). DCM mentioned our desire for 500-800 more troops; Leon demurred on numbers, saying likely would not be that high, and the exact count had not yet been determined. 2. (C) Leon also said Spain was considering sending a Guardia Civil/police contingent to Haiti to help train the police and contribute to democratization there. He said MFA felt that would be Spain's most useful contribution, rather than peacekeeping forces. He also offered Spain's help on economic issues in the lead up to the US-EU summit. 3. (C) DCM noted our desire, now that we have expressed our disappointment on the Iraq troop withdrawal decision, to move forward to continue our excellent relations with Spain under the new government. DCM said U.S. would welcome support in the EU on counter-terrorism issues such as Passenger Name recognition and terrorist financing. DCM also noted that he thought that positive steps on Afghanistan, along the lines Leon foreshadowed, would likely be very well received in Washington. 4. (C) Noting that Iran was another area of cooperation between the US and Spain, with Spain chair of the IAEA board of governors, DCM said our experts on Iran were ready and willing to come to Madrid to brief the new government. Leon said Zapatero specifically wanted to maintain the good ties that Aznar had with Khattami, saying that Spain could be useful in this regard. 5. (C) On Iraq/UNSC resolution, Leon reconfirmed that Spain was not pursuing a parallel draft with France and Germany, but noted Spain could be helpful with these two countries as discussion progressed, as well as with the Latin Americans now on the UNSC (Chile and Mexico). He averred that Spain would adopt a "completely cooperative" approach on this issue. 6. (C) Leon noted his personal affinity with the U.S. He said his grandmother was an American citizen (from Baltimore, of a shipping family called Bevan, sent to Malaga on business and remained in Spain). Also present at the meeting was Rafael Descaller who essentially will have the number three post at the MFA. Descaller mentioned his very favorable experience as a Fullbright scholar at Stanford. Descallar also mentioned Latin America as another are of common U.S.-Spanish interest. Leon agreed that he and DCM should maintain a regular dialogue and open lines of communication. 7. (C) DCM also took the opportunity to ask about Spain's plans regarding its Embassy in Iraq after June 30 (reftel). Leon replied that the GOS might consider elevating the Spanish Charge to the rank of Ambassador. Leon said he would take this under consideration. 8. (C) At the close of the meeting, Leon noted that difficult issues like the Couso case (the Spanish cameraman killed during gunfire in the Palestine Hotel incident last year and a major cause celebre here), would have to be dealt with but could wait until an appropriate time. He reiterated his desire for open contacts and said he wanted to invite DCM to lunch in the near future. 9. (C) Comment: Leon's professed desire for good relations with the U.S. echoes sentiments we have heard from many in the new government -- and also parallels the lack of specific details on concrete cooperation. MANZANARES ID:82641 Date:2006-10-20 12:58:00 Origin:06MADRID2657 Source:Embassy Madrid Classification:CONFIDENTIAL Dunno:06MADRID1799 06MADRID1914 06MADRID2374 Destination:VZCZCXRO5703 OO RUEHAG RUEHROV DE RUEHMD #2657/01 2931258 ZNY CCCCC ZZH O 201258Z OCT 06 FM AMEMBASSY MADRID TO RUEAWJA/DEPT OF JUSTICE WASHDC IMMEDIATE RUEHC/SECSTATE WASHDC IMMEDIATE 1094 INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEHLA/AMCONSUL BARCELONA PRIORITY 2166 RUEAIIA/CIA WASHDC PRIORITY C O N F I D E N T I A L SECTION 01 OF 03 MADRID 002657 SIPDIS SIPDIS E.O. 12958: DECL: 10/19/2016 TAGS: PHUM, PREL, PTER, SP SUBJECT: SPAIN: UPDATE ON KEY TERRORISM-RELATED CASES REF: A. MADRID 1914 B. MADRID 1799 C. MADRID 2374 MADRID 00002657 001.2 OF 003 Classified By: A/DCM Kathleen Fitzpatrick for Reasons 1.4 (B) and (D) 1. (C) Summary: In advance of the October 24 visit to Madrid of US Attorney General Alberto Gonzalez, Post presents a brief update on several of the most important pending or recently completed terrorism or criminal cases in the Spanish judicial system. Spain has made great strides in disrupting terrorist cells and frustrating would-be terrorist plots and we remain pleased with Spain's counter-terrorism cooperation. However, its national prosecutors continue to have difficulty building cases that can stand up in the courts and recent Spanish Supreme and national court decisions freeing alleged Al-Qaeda suspects are an important factor to consider as we pursue improved judicial cooperation with Spain. End Summary. ------------------------------- High-profile Al-Qaeda Suspects ------------------------------- 2. (SBU) Spain's National Court on October 11 acquitted Lahcen Ikassrien after finding insufficient evidence that he was a member of either Al-Qaeda or of the Abu Dahdah terror cell in Spain, or that he fought alongside the Taliban in Afghanistan. Ikassrien is a Moroccan national and former Guantanamo detainee transferred to Spanish custody in July 2005. The court refused to admit any prosecution evidence that was obtained during his detention in Guantanamo or any information gleaned from intercepted phone calls in Spain. Post advised in Reftel A that this might occur, due to the unfortunate similarities the Ikassrien case had with that of accused terrorist Hamed Abderrahaman Ahmed, known in the media as the "Spanish Taliban." As reported in Reftel A, the Spanish Supreme Court announced on July 24 that it had annulled the six-year prison sentence handed down to Abderrahaman in September 2005 by Spain's national court. The court found that Spanish prosecutors could not use any evidence collected during their interrogation of Abderrahaman while he was being held at Guantanamo under conditions the court termed, "impossible to explain, much less justify." The Spanish prosecutor in the Ikassrien case had sought an eight-year jail sentence for the accused and tried unsuccessfully to build a case against Ikassrien that excluded evidence obtained in Guantanamo, noting publicly that Spanish authorities had obtained more than enough evidence of Ikassrien's membership in the Abu Dahdah terror cell prior to his stay in Guantanamo. It is unclear whether Ikassrien can be tried on any other terror-related charges. 3. (SBU) In a separate case, Spanish authorities on October 3 released Taysir Alony, who in September 2005 was sentenced to seven years in prison for membership in Al-Qaeda, for humanitarian reasons stemming from a serious heart problem. The Spanish Ministry of Interior is forcing Alony to wear a locator bracelet and monitoring his activities. ------------------------ CIA Flights and Prisons ------------------------ 4. (SBU) Despite President's Bush recent announcement that there are no longer any terrorist suspects held in "secret prisons," this issue continues to dominate press headlines in Spain. On the front page of its October 15 edition, leading Spanish daily El Pais reported that the founder of Al-Qaeda in Spain has been in a "secret CIA prison" for a year. Sensational headlines in the Spanish press continue to claim that Syrian-born Spanish national named Mustafa Setmarian was turned over to the US by Pakistan authorities at the end of 2005. The press reporting claims that Setmarian sowed the seeds of Jihad in Spain during the 1980s, but that the Spanish national court cannot request his extradition because he has not been officially arrested. 5. (SBU) Along similar lines, and as we reported in REFTELS B and C, the CIA flights inquiry remains a hot discussion topic in Spain. On October 9, German national Khaled al-Masri testified for three hours in a Spanish national court and claimed that he was kidnapped and tortured by CIA officers during five months in 2004. He said he was taken from Macedonia to Kabul on a flight that he believed could have stopped in Palma de Mallorca. Al-Masri said he would not be able to identify any members of the crew on board the flight from Macedonia, but he would be able to recognize some of those who interrogated him in Kabul. As noted in Reftel C, post continues to be concerned that Judge Moreno, the MADRID 00002657 002.2 OF 003 Spanish judge involved in this case, as part of Spain's highly independent judiciary, may determine that Spanish law allows him to claim "universal jurisdiction" on cases involving alleged torture and abuse. Such a determination may provide him the authority to adjudicate events that transpired in a third country if it is proven that related events occurred in Spain. Spanish government officials, including President Zapatero, continue to maintain their firm public stance that the flights did not violate any Spanish laws. However, Foreign Minister Moratinos expressed concern in front of the EU Parliament last month that, "our territory could have been used not to commit any offense, but as a stop-over to commit them in other countries." Moratinos has also urged the European Union to more vigorously investigate the presence of secret CIA prisons in other European countries. Spanish press reports that Judge Moreno in the near future will allow the national prosecutor to call other witnesses, including the airport authorities of Palma de Mallorca and the aircraft handling services. ---------------------- Madrid Train Bombings ---------------------- 6. (C) Despite the passage of more than two and a half years since the Madrid train bombings occurred on March 11, 2004, and the near universal acceptance by the Spanish public and terrorism experts that they were perpetrated by Al-Qaeda sympathizers with the goal to punish Spain for its participation in the Iraq War, a segment of the opposition Popular Party (PP) and the newspaper El Mundo continue to allege a Socialist party conspiracy and cover up and claim that the Basque terrorist group ETA had some link with the March 11 attacks. The highly-charged political clash over the Madrid bombing investigation has heightened the climate of bad blood between the opposition PP and the ruling Socialist government and has greatly hindered the pace of the government's prosecution of the attacks. Spain is currently holding 29 individuals for their alleged connection to the bombings and prosecutors plan to charge these individuals with 191 counts of murder and 1,755 counts of attempted murder. The Spanish National Court has recently rejected various appeals from the accused and said that the trials, scheduled to begin in February 2007, may proceed. The National court in late September asked the Spanish Ministry of Justice to send an extradition request to Italy to bring Rabei Osman el-Sayed, known as "Muhammad the Egyptian," temporarily to Spain to face trial in connection with the Madrid bombings. ---------------------- The Detergent Command ---------------------- 7. (SBU) In a separate case pending before Spanish courts, the national prosecutor will seek a total of 142 years in prison for six Islamists arrested in January 2003 in Barcelona and Girona. These individuals are known in the press as "The Detergent Command," due to their possession of large quantities of detergents that police believe were to serve as ingredients for explosive devices. According to the prosecutor, these individuals were preparing a terrorist attack against a military base in the south of Spain, which may have been the base at Rota that the US shares with the Spanish navy and air force. The prosecutor will seek 32 years for Muhammad Tahraoui, alleged leader of the Detergent Command, and 22 years each for his alleged accomplices, Muhammad Amine BenaMoura, Ali Kaouka, Ismail Boudjelthia, Muhammad Nebbar and Sohuil Kouka. --------------- The Couso Case --------------- 8. (SBU) Although not related to terrorism, the case of Jose Couso--the Spanish television cameraman killed in Baghdad in April 2003 during a firefight between US forces and Saddam's army--may return to national prominence after a British inquest earlier this month implicated US soldiers in the death of a British journalist in southern Iraq in March 2003. Couso's death sparked protests in a country that was vehemently against the Iraq invasion and friends and relatives of Couso have tried for years to bring a wrongful death case against the US soldiers of the Third Infantry Division involved in the firefight. The Spanish national court in March 2006 claimed it had no jurisdiction and refused to hear the case, but Couso supporters appealed to the Spanish Supreme Court the following month and we are still awaiting the high court's ruling. Although we have yet to see any Spanish reaction to the findings of the British MADRID 00002657 003.2 OF 003 inquest, there is a possibility that Couso's family and their supporters will increase pressure on the Spanish Supreme Court to allow charges to be brought against the US soldiers. 9. (C) Comment: Spain is a serious and committed partner in our global war on terror and we remain pleased with the efforts of Spanish law enforcement, intelligence and judicial organizations to combat the Islamic extremist threat. However, Spanish police, prosecutors, and magistrates building legal cases against disparate and amorphous terror cells are struggling to develop evidence sufficient enough to meet the high threshold set by the Spanish courts. Spain has a highly independent judiciary that carefully guards this independence (a major achievement of the post-Franco era), and this is an important factor to consider as we pursue increased judicial cooperation with Spain in terrorism cases. Nonetheless, some of the recent Supreme and national court decisions can clearly be seen as a criticism of US detainee policies in Guantanamo that are highly unpopular among the Spanish. Embassy Madrid looks forward to using next week's visit of Attorney General Gonzalez and his delegation to engage Spanish government officials on a range of important legal and judicial issues to encourage them to take an even more active role in the fight against global terrorism. AGUIRRE 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 ID:99667 Date:2007-03-08 19:33:00 Origin:07MADRID449 Source:Embassy Madrid Classification:CONFIDENTIAL Dunno:07MADRID432 Destination:VZCZCXRO0119 PP RUEHAG RUEHROV DE RUEHMD #0449/01 0671933 ZNY CCCCC ZZH P 081933Z MAR 07 FM AMEMBASSY MADRID TO RUEHC/SECSTATE WASHDC PRIORITY 2048 INFO RUCNMEM/EU MEMBER STATES COLLECTIVE RUEHRB/AMEMBASSY RABAT 6004 RUEHLA/AMCONSUL BARCELONA 2516 RUEAWJA/DEPT OF JUSTICE WASHDC C O N F I D E N T I A L SECTION 01 OF 03 MADRID 000449 SIPDIS SIPDIS FOR EUR/WE CLEMENTS AND CERVETTI E.O. 12958: DECL: 03/07/2017 TAGS: PREL, SP SUBJECT: SPANISH INTERIOR MINISTER RUBALCABA ON DE JUANA CHAOS DECISION; ETA TERRORISM; KEY BILATERAL ISSUES REF: MADRID 432 MADRID 00000449 001.2 OF 003 Classified By: AMBASSADOR EDUARDO AGUIRRE FOR REASONS 1.4 (B) AND (D) 1. (C) Summary: During a March 7 lunch with Spanish Minister of Interior Alfredo Perez Rubalcaba, Ambassador Aguirre heard the Spanish government's defense of its recent controversial decision to allow convicted ETA assassin Inaki De Juana Chaos to serve out the rest of his sentence under house arrest (see REFTEL for Embassy analysis on this issue). De Juana was close to death due to a 4-month hunger strike, and Minister Rubalcaba said that the decision was the correct one because it allowed the GOS to prevent De Juana from becoming a "decades-long martyr for radical ETA youth." He said the GOS was solely responsible for the decision, without any discussion with or pressure from ETA. Rubalcaba also said that ETA had the power to put the opposition Partido Popular (PP) "in the driver's seat" by assassinating one or more individuals of consequential PP rank or position, but was unsure if ETA leaders would want to do this. The Interior Minister said, responding to our request, he was closely following developments on the Couso case and the CIA flights issue, and was eager to see a cooling of Spanish emotions in both cases. Finally, Rubalcaba asked the Ambassador for further reasons behind the postponement of the proposed March visit to Madrid by Secretary Rice. The Minister expressed appreciation for his meetings with the Ambassador, as opportunities to exchange ideas and gain perspective. End Summary. //GOS Decision Saved Lives// 2. (C) Rubalcaba told the Ambassador that the decision to allow convicted ETA assassin Inaki De Juana Chaos to serve the remaining 18 months of his sentence at home under house arrest was the correct one. (Embassy Note: On March 1, incarcerated ETA member Inaki De Juana Chaos was released from the Madrid hospital where he was being treated for a hunger strike and was transferred to a hospital in San Sebastian. When he has recovered from the affects of the 4-month hunger strike, he will be allowed to complete his sentence at home under police surveillance. De Juana had almost completed 17 years of a 30-year sentence for the murder of 18 individuals when he became eligible for early release in 2005. A National Court magistrate blocked De Juana's release in 2005 by charging him with writing letters threatening prison officials, and De Juana was later sentenced to an additional 12 years behind bars. The Supreme Court in February 2007 reduced that sentence to 3 years, leaving only 18 months remaining due to time already served, and setting the stage for the government's decision to release him). Minister Rubalcaba said that his government knew the decision would be controversial, but that government officials had not done a good job explaining to the Spanish people that De Juana had already served his time for the murders, and remained in prison only on the lesser charge of making threatening statements. Rubalcaba confided to the Ambassador that as the end of De Juana's murder sentence drew near in 2005, the Minister of Justice at that time did not want to see the convicted assassin go free. He thus sought to slap on an additional charge--albeit an obscure one with flimsy merits--that would continue the ETA member's incarceration. Rubalcaba said that in hindsight, it would have been better to allow De Juana to go free in 2005 and that now the Zapatero Government was "paying the price" for that decision. 3. (C) Rubalcaba said that at the time of De Juana's release, the ETA member was just hours away from suffering medically irreversible damage due to his hunger strike, and would have died in a short time if the GOS had not acted. Rubalcaba's view is that the decision to release De Juana saved Spanish lives by avoiding his transformation into a "decades-long martyr for radical ETA youth." Rubalcaba said the GOS was solely responsible for the decision, without any discussion with or pressure from ETA. The Minister told the Ambassador that despite the De Juana case becoming a rallying cry for ETA members in recent weeks, current ETA leaders have no use for him in the organization and will not want anything to do with him once he is freed. Rubalcaba posited that De Juana will likely retire to Morocco upon his release. //ETA Could Put PP in Driver Seat// 4. (C) Turning to broader ETA issues, the Minister discussed the virulent reaction to the De Juana decision by the main opposition Partido Popular (PP). Rubalcaba told the MADRID 00000449 002.2 OF 003 Ambassador that the GOS knows ETA could "put the PP in the driver's seat" in advance of regional elections in May and national elections in early 2008 by assassinating one or more individuals of important PP rank or position. Rubalcaba quickly said his government is unsure whether current ETA leaders would risk taking this step, but the fear is that any ETA sympathizer would have the power to change the political calculus in Spain with one rash act. In discussing the December 30 ETA bombing at Madrid's Barajas airport that killed two individuals, Rubalcaba said that act proved the ETA hard-liners had won out over those favoring moderation, and derailed the peace process. Rubalcaba said that ETA's political front group Batasuna is still working every angle to try and gain permission to run in Basque municipal elections in May, but the Barajas bombing has made that scenario even more problematic. //Bilateral Issues// 5. (C) The Ambassador expressed his appreciation to Minister Rubalcaba for the strong level of counterterrorism cooperation, specifically the development of the Bilateral Counterterrorism Working Group. He said the working group is an effective vehicle to improve judicial efforts against terrorism in both countries. The Ambassador also reiterated USG support for Spain's efforts in fighting terrorism and said that the ongoing trial of individuals allegedly involved in the March 11, 2004 Madrid train bombings highlights the continued threat facing both of our countries. When the Ambassador conveyed continued Department and National Security Council interest in the possible terrorist designation of Barakat Yarkas, Rubalcaba replied that he was aware that this was still a pending issue between our governments and knows that it needs to be addressed. The Minister told the Ambassador that responding to our request, he was also following developments on the Jose Couso case (the Spanish TV cameraman killed in the Palestine Hotel incident in Iraq) and the CIA flights issue that have been the subject of much sensational press coverage in Spain in recent weeks. Rubalcaba said that although the Spanish judiciary was fiercely independent and would do what it thought was right, Rubalcaba had instructed his staff to avoid any inflammatory rhetorical comments in an attempt to lower the temperature on these issues. //S Visit to Madrid// 6. (C) Minister Rubalcaba pressed the Ambassador for the "real reason" why the Secretary postponed her proposed March visit to Spain. The Ambassador replied that the postponement was purely for scheduling reasons due to the Secretary's planned travel and had nothing to do with any problems in the bilateral relationship. Ambassador Aguirre noted that the Secretary's recent phone call with Foreign Minister SIPDIS Moratinos, informing him that she needed to testify in Congress on March 28, confirmed what the Ambassador had said. Rubalcaba seemed satisfied with the answer. The Ambassador reminded Rubalcaba that if sectors of the Spanish Government continue to insist that there are signs of a deteriorating bilateral relationship when no signs exist, they run the risk of reversing some of the improvements made in the relationship over the past two years. Although the GOS has not confirmed the Secretary's new proposed visit date of June 1, Rubalcaba raised the possibility of the GOS eventually making some kind of statement confirming the visit. The Ambassador suggested to Rubalcaba that for security and logistical reasons, it was probably not wise to confirm the exact date of such a visit three months out, and the Minister agreed with the reasoning. (Note: Embassy is working with Washington, at the request of the Spanish MFA, to develop some kind of public statement indicating that S had planned to visit in March, is committed to coming to Spain, and that dates are being worked out. MFA would like to publicize a precise date for a rescheduled visit, but this issue is under discussion between the Embassy and Washington.) 7. (C) Comment. Rubalcaba said he was weighed down with the issues currently facing him and remarked that he "felt the weight of Spain on his shoulders." He is currently living above the Ministry due to repairs and refurbishment occurring at his house and said that living so close to the office made it hard to "disconnect": that he is having trouble sleeping at night. Although he shows no outward signs of stress, the events since the December 30 ETA bombing have clearly taken a toll. The Minister said that he appreciated opportunities such as these to exchange ideas and gain perspective and hopes they will continue. MADRID 00000449 003.2 OF 003 AGUIRRE ID:101321 Date:2007-03-21 12:35:00 Origin:07MADRID520 Source:Embassy Madrid Classification:CONFIDENTIAL Dunno: Destination:VZCZCXRO1244 PP RUEHAG RUEHROV DE RUEHMD #0520/01 0801235 ZNY CCCCC ZZH P 211235Z MAR 07 FM AMEMBASSY MADRID TO RUEHC/SECSTATE WASHDC PRIORITY 2126 INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0157 RUEHLA/AMCONSUL BARCELONA PRIORITY 2546 RHEHNSC/NSC WASHDC PRIORITY C O N F I D E N T I A L SECTION 01 OF 02 MADRID 000520 SIPDIS SIPDIS E.O. 12958: DECL: 03/20/2017 TAGS: PREL, SP SUBJECT: SPAIN/IRAQ: SOCIALISTS FIRE UP ANTI-WAR RHETORIC FOR ELECTORAL SEASON MADRID 00000520 001.2 OF 002 Classified By: DCM Hugo Llorens; reason 1.4 (B) and (D) 1. (C) Summary. In a volatile political climate leading up to regional/municipal elections in late May, the ruling Socialist Party (PSOE) and far left political allies have ramped up criticism of the war in Iraq, in part to counteract opposition Popular Party (PP) attacks on the Zapatero Government's controversial policies on the ETA issue. The Madrid Regional PSOE joined the far left "United Left" (IU), unions, and pacifist groups staged mass demonstrations against the war on March 17 - though the turnout was lower than for the anti-ETA march. On March 20, high profile magistrate Baltasar Garzon published an editorial in the left leaning "El Pais" saying that the time had arrived to investigate "criminal responsibility" for the war in Iraq, to include possible charges against former President Aznar, PM Blair, and President Bush (Spaniards frequently refer to the "Picture of the Azores" in 2003 of the three leaders as the moment in which the decision to go to war was made, thus linking Aznar not just with the Spanish troop deployment, but with full responsibility for the war). PSOE Secretary Jose Blanco said in a March 20 television interview that "someone must pay" for the war in Iraq, and that if someone could demonstrate criminal culpability on the part of political leaders, Blanco said he was "all for it." The Ambassador contacted National Security Adviser Carles Casajuana on March 21 to convey his deep concern regarding the direction and tenor of PSOE statements on Iraq, which could only harm bilateral relations. Casajuana discussed the heated political context of the statements and said he expected them to abate soon, but assured the Ambassador that he would convey the Ambassador's concerns to President Zapatero immediately. The DCM is following up with PSOE Secretary Blanco to insist that the PSOE avoid dragging the SIPDIS USG into its domestic conflict with the PP. End summary. //HEATED POLITICAL ENVIRONMENT// 2. (C) In the runup to May 27 regional and municipal elections, the political environment in Spain has become increasingly aggressive. The PP has not gained in most opinion polls, but its criticism of President Zapatero's controversial policies in the Basque Region has steadily eroded electoral support for the PSOE. In a show of strength, the PP led an anti-ETA, anti-Zapatero demonstration on March 10 in Madrid that drew at least 1 million people. The PSOE stormed back the following week, refocusing public attention on former President Aznar's unpopular decision to commit Spanish forces to the war in Iraq. The Madrid Region PSOE, joined by the PSOE Secretary for International Relations Elena Valenciano, organized a smaller mass rally on March 17 against the Iraq war and against the U.S. detention of enemy combatants at Guantanamo. 3. (U) The PSOE Parliamentary group joined the fray on March 20, negotiating a non-binding resolution with the far left IU that sharply criticized the "illegal" war in Iraq. The resolution passed with the unanimous support of all parties except the PP. The resolution condemned the "illegal, immoral, and unjust" decision to go to war in Iraq, for having "destabilized the region, and encouraged jihadist terrorism, which most affects the Iraqi people themselves." The resolution further states that the war was launched on false pretenses, "as has been recognized by President Bush and Prime Minister Blair... the (mismanagement) of the conflict has undermined the credibility of fundamental universal values, in the face of brutal realities at Abu Ghraib, Guantanamo, and the execution of Saddam Hussein." (NOTE: The PSOE version of the resolution removed IU language calling on the USG to hand over three U.S. servicemen accused of killing Spanish TV cameraman Jose Couso. END NOTE). //GARZON, PSOE LEADER WEIGH IN// 4. (U) Judge Garzon published an editorial in the leading daily "El Pais" on March 20 that lambasted Aznar for declining to "heed UN inspectors... and instead lending himself, along with a few other leaders, to provide cover and support for this illegal action. Garzon went on to suggest that the time had come to study whether "criminal responsibility" should be assigned to Aznar, Prime Minister Blair, and President Bush.Spaniards frequently refer to the "Picture of the Azores" in 2003 of the three leaders as the moment in which the decision to go to war was made, thus linking Aznar not just with the Spanish troop deployment, but with full responsibility for the war. Late on March 20, a television news crew asked PSOE Secretary Jose Blanco (effectively the number two PSOE leader after Zapatero) whether Aznar should be prosecuted for having involved Spain MADRID 00000520 002.2 OF 002 in the war in Iraq. Blanco said that "someone must respond in the face of this horror, and if there are reasons and grounds from the legal point of view, then I would be all for it." //AMBASSADOR CALLS PRESIDENTIAL ADVISER// 5. (C) The Ambassador contacted National Security Adviser Carles Casajuana on March 21 to express his concern regarding the increasingly shrill rhetoric on Iraq on the part of the ruling Socialist Party and its allies. The Ambassador said that the PSOE was dragging the USG into Spain's domestic political arena, a fact that could only harm bilateral relations. The Ambassador said that he was aware of the political context, but that he was running out of patience with unfair Government and PSOE statements regarding the U.S. 6. (C) Casajuana said that the political environment was "highly polarized" at the moment and blamed the PP for having stirred the pot on the ETA issue in an inflammatory manner. He acknowledged that the PSOE had judged that it could counter attack by resurfacing the Iraq issue and going after Aznar himself, particularly since the timing coincided with the fourth anniversary of the start of the war in Iraq. Casajuana said he understood that the "spillover" of the debate had impacted USG sensitivities, but said he expected the Iraq issue to run its course in the next couple of days. Casajuana said he would relay the Ambassador's concerns immediately to President Zapatero, emphasizing the Zapatero Government's desire to keep this issue under control. The Ambassador asked that President Zapatero act to tamp down the matter and avoid fueling anti-American sentiment as the political campaign continued. 7. (C) The DCM will follow up with a similar message to other officials and has requested meetings with PSOE Secretary Blanco and PSOE International Relations Secretary Elena Valenciano to ask that they leave the U.S. out of their political campaign. Aguirre ID:109666 Date:2007-05-24 16:30:00 Origin:07MADRID1000 Source:Embassy Madrid Classification:UNCLASSIFIED//FOR OFFICIAL USE ONLY Dunno:07MADRID800 07MADRID899 07MADRID910 Destination:VZCZCXRO5789 PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV DE RUEHMD #1000 1441630 ZNR UUUUU ZZH P 241630Z MAY 07 FM AMEMBASSY MADRID TO RUEHC/SECSTATE WASHDC PRIORITY 2607 INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0170 RUEHLA/AMCONSUL BARCELONA PRIORITY 2740 RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY RUEKJCS/JOINT STAFF WASHDC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY RUCNFB/FBI WASHDC PRIORITY UNCLAS MADRID 001000 SIPDIS SENSITIVE SIPDIS EUR/WE FOR ALLEGRONE, CLEMENTS AND CERVETTI L/LEI FOR PROPP, KULISH, AND JOHNSON E.O. 12958: N/A TAGS: PREL, PGOV, MARR, SP SUBJECT: SPAIN/COUSO CASE: JUDGE REJECTS CHIEF PROSECUTOR'S APPEAL; CASE MOVES ON TO APPEALS TRIBUNAL REF: A. MADRID 910 B. MADRID 899 C. MADRID 800 AND OTHERS 1. (SBU) On May 24 Spanish investigative magistrate Judge Santiago Pedraz rejected the appeal of National Court Chief Prosecutor Javier Zaragoza to drop the charges against three U.S. servicemen accused of killing Spanish television cameraman Jose Couso during a firefight in Baghdad in April 2003. Despite the rejection by Judge Pedraz, this case will proceed to the National Court appeals tribunal, which will rule on the merits of the arguments put forth by Pedraz and by the National Court prosecutors. As we reported in REFTEL A, Zaragoza contacted us on May 14 to report that he had appealed the Pedraz decision to file formal charges against the three servicemen, saying that his technical and legal review of the facts led him to conclude that the killing of Couso was not intentional, and therefore the soldiers could not be charged with war crimes or murder. In today's ruling Judge Pedraz claimed to be surprised by Zaragoza's appeal, as the National Prosecutors Office did not oppose his initial ruling to reactivate arrest warrants for the servicemen and therefore tacitly agreed with the case. 2. (SBU) Comment. Today's ruling by Pedraz was not a surprise as judges do not normally change their original ruling after an appeal based on the technical or legal review of the National Court Prosecutors Office. This case, as we expected, will now be forwarded to the Criminal Division of the National Court. Post will continue to report on this case as it develops. LLORENS

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