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Cables utilizados en la información sobre EAU y los prisioneros de guerra afganos

ID: 245274
Date: 2010-01-25 14:33:00
Origin: 10MADRID76
Source: Embassy Madrid
Classification: CONFIDENTIAL
Dunno: 05MADRID1010
Destination: VZCZCXRO7000
PP RUEHDBU RUEHFL RUEHKW RUEHLA RUEHMRE RUEHNP RUEHROV RUEHSL RUEHSR
DE RUEHMD #0076/01 0251433
ZNY CCCCC ZZH
P 251433Z JAN 10
FM AMEMBASSY MADRID
TO RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 1737
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEHMO/AMEMBASSY MOSCOW PRIORITY 0985
RUEHLA/AMCONSUL BARCELONA PRIORITY 4313
RUEHNA/DEA HQS WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUCNOSC/ORG FOR SECURITY CO OP IN EUR COLLECTIVE PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUCNFB/FBI WASHDC PRIORITY
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RUEILB/NCTC WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUEHMD/USDAO MADRID SP PRIORITY

C O N F I D E N T I A L SECTION 01 OF 03 MADRID 000076

SIPDIS

DEPARTMENT FOR EUR/WE (ALEX MCKNIGHT AND STACIE ZERDECKI),
EUR/ERA (ALESSANDRO NARDI), INR/TNC (JENNIFER MCELVEEN AND
STEPHEN WOROBEC), INL (SCOTT HARRIS), L (PROPP), S/CT (MARC
NORMAN)
EMBASSY MOSCOW (THOMAS FIRESTONE)
DEPARTMENT PASS TO NSC (GREG GATJANIS)
DEPARTMENT PASS TO NIC (JOHN REGAS)
DEPARTMENT PASS TO FBI (BARRY M. BRAUN AND KAREN GREENAWAY)
DEPARTMENT PASS TO DOJ (BRUCE SWARTZ, TODD HINNEN, TOM OTT
AND BRUCE OHR)
DEPARTMENT PASS TO DOD/JRTF (STEVIE HAMILTON)
FOR EUCOM-JAC (BRYAN HEWITT)

E.O. 12958: DECL: 01/10/2020
TAGS: KJUS, KHLS, PGOV, PREL, PTER, SP, PINS, KCOR, PINR
SUBJECT: INAUGURAL U.S.-SPAIN COUNTER-TERRORISM AND
ORGANIZED CRIME EXPERTS MEETING

REF: 05 MADRID 1010

MADRID 00000076 001.2 OF 003


Classified By: Ambassador Alan D. Solomont for reasons 1.4 (b) and (d)

1. (C) SUMMARY AND COMMENT: Spanish prosecutors hosted DOJ
counterparts during January 12-13 as part of the new US-Spain
Counter-Terrorism and Organized Crime Experts Working Group.
The meeting marked five years of bilateral
prosecutor-to-prosecutor talks on counter-terrorism (CT)
issues and the first time that the group's agenda was
expanded to include organized crime (OC) issues. Qe Spanish
reviewed their CT and OC efforts and the U.S. delegation
congratulated Spain for its leadership in international
cooperation in both these areas that the USG hope to learn
more about. The Spanish repeatedly indicated that they are
at the USG's disposal on these matters and that they support
a variety of ways to strengthen bilateral cooperation. The
two delegations discussed possible deliverables that could be
announced during a bilateral meeting on the margins of or
during the US-EU Justice and Home Affairs (JHA) Ministerial
meeting during April 8-9 in Madrid. END SUMMARY AND COMMENT.

//Positive Assessments of Bilateral Legal and Judicial
Cooperation//

2. (C) Multiple members of the Spanish delegation reflected
on the progress that they have seen in the level of bilateral
cooperation over the past five years and indicated that
Spain's high expectations for the January 12-13 bilateral
meeting were more than met. Spanish Attorney General (AG)
Candido Conde-Pumpido acknowledged the increasingly closer
bilateral cooperation this forum provides. He stated, "I'm
certain we're following the right path" and, with a view to
both the expansion of the forum's mandate to discuss OC
issues and the numerous ideas floated for even further
cooperation, the AG added, "We are committed to going
further." Bruce Swartz, Deputy Assistant Attorney General
(DAAG) in the DOJ/General Criminal Division, and Todd Hinnen,
DAAG in the DOJ/National Security Division, assured the
Spanish of AG Holder's personal commitment to CT and OC
issues. In his closing remarks, Conde-Pumpido stated that
the talks were "more fruitful than expected."

3. (C) Both delegations agreed that the working group's
inclusion of OC issues on the agenda was appropriate and
timely, given the December 2009 case in which the U.S. Drug
Enforcement Agency arrested three self-identified members of
Al-Qaida in the Islamic Maghreb (AQIM) for their efforts to
provide security in West and Northern Africa for FARC cocaine
shipments bound for Spain. This case was often identified as
being at the nexus of terrorism and OC.

//Broad Agreement on Variety of Ways to Strengthen Future
Collaboration//

4. (C) Both delegations noted that revisions to the US-EU
Treaty on Mutual Legal Assistance that will come into effect
on February 1 provide for the creation of joint investigative
teams (JITs). Swartz indicated that the DOJ "fully agrees"
with the GOS's interest in establishing a JIT with the USG
and predicted that combination would be "powerful." Both
delegations agreed on the utility of establishing a bilateral
JIT and agreed that the two sides needed to reflect on what
would be the specific issue or case to investigated by the

MADRID 00000076 002.2 OF 003


joint team. Both sides further agreed that it would be best
to begin with a "narrow" agreement which provides for only
basic levels of collaboration and then build upon that as
appropriate. Swartz told the Spanish that our two countries
face an important opportunity and that it would be "highly
appropriate" if Spain were the first EU country with which
the USG create a JIT.

5. (C) The Spanish delegation repeatedly identified Spain as
a pioneer in using JITs and highlighted that they currently
have 12. Spain has six JITs with France alone: five to
combat the Basque Fatherland and Liberty (ETA) terrorist
group and one to combat radical Islamic terrorism. Chief
Prosecutor Javier Zaragoza praised the work of these CT JITs
for their "very positive results." Spain also has five JITs
devoted to counter-narcotics and most recently has
established a 20-person JIT with Bulgaria to combat the
production of counterfeit euros.

6. (C) On other areas for possible collaboration, Swartz
informed the Spanish that the FBI has offered to send an
agent to work alongside Spanish counterparts for a six-month
rotation to work on OC issues. Similarly, Swartz expressed
the DOJ's availability to attend any GOS or EU meeting that
CT or OC meetings that Spain believes would be appropriate.
On behalf of the Spanish delegation, Elvira Tejada de la
Fuente, Chief Prosecutor for the Technical Secretariat of the
General Prosecutor's Office, accepted both offers, saying
said that Spain would welcome the FBI's presence and that
Spain would be pleaQd to recommend increased U.S.
attendance, whether in Eurojust or another forum. Meanwhile,
Conde-Pumpido expressed interest in the possibility of
sending Spanish prosecutors to work alongside US counterparts
in the United States.

//Spain Supports USG Decision to Use Civil Trials in
Terrorism Cases//

7. (C) Conde-Pumpido and Zaragoza expressed considerable
interest in AG Holder's October 2009 decision to have KSM and
other suspected 9/11 terrorists tried in a the civil criminal
justice system and congratulated the USG for its bravery in
this regard. Zaragoza described the change of policy as
"going back to democratic normality." Zaragoza offered
Spanish assistance in providing evidence for use in the 9/11
trial, stating, "We are at your disposal." Zaragoza also
drew attention to the fact that Spain has information that it
is willing to provide to the USG regarding KSM's role in AQ's
synagogue attack in Tunisia in 2002.

//Spanish Presentations//

8. (C) Post will provide septel cables on most of the Spanish
presentations during the January 12-13 meetings. On CT
issues, Vicente Gonzalez Mota gave a readout on his recent
successful prosecution of the radical Islamist cell that
plotted to attack the Barcelona metro system while Dolores
Delgado gave a "Lessons Learned" presentation on the
difficulties she has faced in the admissibility of U.S.
intelligence as evidence in recent cases she has prosecuted.
Jose Grinda briefed the U.S. delegation on his assessments of
the Eurasian/Russian mafia and outlined Spain's strategy for
combating it while Daniel Campos Navas gave a presentation on
the National Court's jurisdiction in OC cases. LTC Manuel

MADRID 00000076 003.2 OF 003


Navarrete of the Civil Guard's Intelligence Service spoke on
the threat that AQIM poses to Spain.

//Spain Appreciates DOD Briefing//

9. (C) Zaragoza expressed appreciation for a releasable
classified briefing - delivered by a four-person DOD team
representing the US European Command (USEUCOM) and the Joint
Reconnaisnace Task Force (JRTF), led by Bryan Hewitt of
USEUCOM/JAC Molesworth - on the USG assessment of the threat
to Spain and Europe from foreign fighters. The DOD team
offered to share available information on individual foreign
fighters with links to Spain. This briefing was a follow-up
to one provided to the Spanish in June 2009, during the most
recent meeting of the bilateral group. Zaragoza asked that
Spain be notified informally when the USG has information
related to Spain and reciprocated the offer to share
information, saying, "We are at your disposal in this shared
fight."

//Background on the U.S.-Spain Bilateral Counter-Terrorism
and Organized Crime Experts Working Group//

10. (SBU) For the past five years, the USG and GOS have had
prosecutor-to-prosecutor dialogues on CT issues. Then
Attorney General (AG) Alberto Gonzalez and then Justice
Minister Juan Fernando Lopez Aguilar founded the U.S.-Spain
Bilateral CT experts Working Group in March 2005 on the
one-year anniversary of the Madrid train bombings (See Ref
A). The January 12-13, 2010 meeting marked the first time
that OC was on the agenda, which was included at the request
of the Spanish in June 2009, at the most recent meeting of
the US-SPain CT Experts Working Group in Washington, DC.

11. (U) The delegation has cleared this cable.
SOLOMONT