Comment from the US embassy:
Clearly, in the Abderrahaman case the Supreme Court was also eager to use this case as a platform to criticize U.S. detainee policies in Guantanamo. While this sentiment has not influenced Spanish police to reduce their close collaboration with the U.S. in fighting terrorism, we must take it into account as we pursue increased judicial cooperation with Spain in terrorism cases. The Spanish judiciary carefully guards its independence (a major achievement of the post-Franco era) and has not shied from taking decisions that cut across the objectives of the Spanish Government.
Earlier that year a cable (06MADRID293)was sent about the stepping down of Spain’s Chief Prosecutor Eduardo Fungairino, to step down for alleged mismanagement of terrorism cases under his supervision. The Embassy states that it has “enjoyed a close, collaborative relationship with Fungairino for many years” and comments:
Regardless of the political motives surrounding Fungairino’s removal, his departure will hurt U.S.-Spain judicial cooperation, at least in the short term. Fungairino was a devoted anti-terrorism activist who pursued close cooperation with the USG and with EU allies in terrorism cases. One piece of good news is that Fungairino will reportedly remain a member of the U.S.-Spain Bilateral Counterterrorism Experts Working Group, where he has played a positive role in smoothing over conflicts generated by differences in the U.S. and Spanish judicial systems. Also, Jesus Santos, Fungairino’s temporary replacement, is well and favorably known to the Embassy. However, this does not outweigh the loss of so valuable an interlocutor in the National Prosecutor’s office.
In a more general cable of June 2009 (09MADRID614) the Embassy says that one of the “irritants” in the US-Spanish relationship are the efforts by some investigating judges – invoking “universal jurisdiction” – to indict former USG officials for their allegedly involvement in torture at GTMO.