U.S. Intel Hub to Counter Islamism In Spain: Cable

The U.S. Embassy in Madrid proposed setting up an intelligence hub in the northeastern region of Catalonia to counter a “major center of radical Islamist activity,” according to a U.S. cable obtained by WikiLeaks and published Saturday by the newspaper El Pais.

The cable, dated October 2, 2007, said U.S. and Spanish authorities had identified Catalonia as having a “large Muslim Population Susceptible to Jihadist Recruitment” following increased surveillance after the 2004 Madrid train bombings, which killed 191 people.

“Specifically, we propose that our Consulate General in Barcelona become the platform for a multi-agency, jointly-coordinated counterterrorism, anti-crime, and intelligence center,” said the cable, classified secret and apparently authored by then-Ambassador Eduardo Aguirre.

Diplomatic cables give details on how US tried to influence Guantanamo Bay accountability cases in Spain

The US embassy in Madrid briefed Washington on the request of the ‘Association for the Dignity of Prisoners’ to the Audienca Nacional in March 2009 to indict six Bush Administration officials for creating a legal framework that allegedly permitted torture. The association tried to steer this case directly to National Court Investigating Judge Baltasar Garzon, but he passed the NGO’s complaint to the prosecutor’s office of Javier Zaragoza for him to determine if there is a legitimate case. The cables portray Spain’s Chief Prosecutor Javier Zaragoza as the de facto key Spanish legal advisor of the US, who is actively trying to torpedo the lawsuit.

Visibly displeased with this having been dropped in his lap, Zaragoza said he was in no rush to proceed with the case and in any event will argue that the case should not be assigned to Garzon. Zaragoza acknowledged that Garzon has the “right of first refusal,” but said he will recommend that Garzon’s colleague, Investigating Judge Ismael Moreno, should be assigned the case. Zaragoza said the case ties in with Moreno’s ongoing investigations into alleged illegal “CIA flights” that have transited Spain carrying detainees to Guantanamo. Zaragoza said that if Garzon disregards his recommendation and takes the case, he will appeal. Zaragoza added that Garzon’s impartiality was very suspect, given his public criticism of Guantanamo and the U.S. war on terror (we note that, among other things, Garzon narrated a documentary in 2008 that was extremely critical of the U.S. involvement in Iraq and Afghanistan and its approach to fighting terrorism) and his August 2008 public statements that former President Bush should be tried for war crimes.

Zaragoza als actively gave the U.S advice on how to prevent trouble:

Zaragoza noted that Spain would not be able to claim jurisdiction in the case if the USG opened its own investigation, which he much preferred as the best way forward and described as “the only way out” for the USG. He cited the complaint against Israeli officials mentioned above and said he would request the investigating judge close that case once he had formal notice that the Israelis had opened their own investigation.

The Embassy then commented:

Based on what Zaragoza told us, we suspect the case will eventually be referred to the National Court for investigation, although that step may not come for some time.  Once it reaches the National Court, these cases seem to move slowly, periodically generating publicity as new evidence is taken (as with Moreno’s investigation into so-called Guantanamo flights). Whether this case will end up with Garzon, Moreno, or some other judge, we cannot say. Garzon, despite his penchant for publicity and criticism of certain aspects of U.S. policy, has worked well with the U.S. on more routine criminal matters (although we think a direct approach to him on this case could well be counter-productive). Moreno, while his reputation as a judge stands higher among legal insiders, has been cooler in his dealings us.

And then there’s the last sentence of the cable:

That said, we do not know if the government would be willing to take the risky step of trying behind the scenes to influence the prosecutor’s recommendation on this case or what their reaction to such a request would be.

Two weeks later there was a follow-up cable of the embassy (09MADRID392). By that time Spain’s Attorney General (AG) had publicly stated that prosecutors will “undoubtedly” not support the criminal complaint. The cable gives more details on how the AG’s public announcement followed “outreach” by US officials who raised “deep concerns” on the implications of the case.

The cable then includes two paragraphs which puts Prosecutor Zaragoza on the spot:

Zaragoza on April 14 called Embassy Madrid’s FSN Legal Adviser and informed her that a more thorough study had revealed that the complaint was targeted against legal advisors with no executive authority and that it was legally difficult to establish what type of offense the six had committed and the degree to which they participated in the alleged offenses. Zaragoza said the complaint lacked details and was directed against USG policy rather than a specific perpetrator. He said he would ask Conde Pumpido to review whether Spain has jurisdiction in this case and indicated that he hoped the Spanish AG would draft a clear set of rules on how and when Spain should prosecute universal jurisdiction complaints.
Zaragoza has also told us that if a proceeding regarding this matter were underway in the U.S., that would effectively bar proceedings in Spain. We intend to further explore this option with him informally (asking about format, timing, how much information he would need, etc.) while making it clear that the USG has not made a decision to follow this course of action

At the urging of Spanish prosecutors, the earlier case was reassigned to another National Court judge “who now appears to be trying shelve the case”, according to a cable one month later (09MADRID440). The same prosecutor also disclosed to the US his strategy on how he would discredit another investigation by Judge Garzon into alleged U.S. torture of terrorism detainees.

Zaragoza said he had challenged Garzon directly and personally on this latest case, asking if he was trying to drum up more speaking fees. Garzon replied he was doing it for the record only and would let it die. Zaragoza opined that Garzon, having gotten his headline, would soon drop the matter. In case he does not, Zaragoza has a strategy to force his hand. Zaragoza’s strategy hinges on the older case in which Garzon investigated terrorism complaints against some Guantanamo detainees. In connection with those earlier investigations, Garzon ordered the Spanish police to visit Guantanamo and collect evidence against the suspected terrorists. Zaragoza reasons that he can use this fact to embarrass Garzon into dropping this latest case by suggesting Garzon in some sense condoned the U.S. approach to detainee issues circa 2004. Garzon took no action in 2004 when the suspects returned to Spain and reported to him their alleged mistreatment. Zaragoza said that if Garzon could not be shamed into dropping the case, then he would formally recommend Garzon do so and appeal if Garzon ignored him.

The US embassy comments upon Zaragoza’s role:

We believe Zaragoza is acting in good faith and playing a constructive role. Certainly he knows Garzon better than we do, having sparred with him before. Nevertheless, we do not share his optimism that this problem will go away anytime soon. Having started, it is hard for us to see why the publicity-loving Garzon would shut off his headline-generating machine unless forced to do so. And forcing him to do so could take months. We also fear Garzon — far from being deterred by threats of disciplinary action — may welcome the chance for martyrdom, knowing the case will attract worldwide attention. In any event, we will probably be dealing with this issue for some time to come. Zaragoza will be in Washington in early June for LEGATT-organized consultations on CT cooperation. L and DOJ may wish take that opportunity to discuss these cases with him directly at that time.

Diplomatic cables on the Spanish Audienca Nacional Terrorist Judgments in the Abderrahaman and Madrid bombings cases

Good summary of the case in cable 06MADRID1914 from July 2006. The Spanish Supreme Court announced July 24  that it had annulled the six-year prison sentence handed down  in September by Spain’s National Court against accused  terrorist Hamed Abderrahaman Ahmed, known in the media as the  “Spanish Taliban.” Abderrahaman, a Spanish national captured in Afghanistan by U.S. forces and held at Guantanamo until  being turned over to Spanish authorities in February 2004, was immediately released from prison.

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.

European Court of Human Rights says that Spanish officials accused of murdering two alleged ETA members received a fair trial

In the case Vaquero Hernández and others against Spain the European Court of Human Rights ruled that no fair trial rights had been breached in the trial against 4 Guardia Civil officers and 1 Civil Governor.   Spain’s anti-terrorism court, the Audienca Nacional,  had  found the applicants guilty of torturing and murdering ETA Suspects in 1983.

Spain police on trial for alleged torture of ETA members

[JURIST] A group of Spanish police officers went on trial Tuesday for the alleged torture of two ETA activists  in Basque. The alleged victims, Igor Portu and Mattin Sarasola, were convicted and sentenced to 1,040 years in prison after an airport bombing in Madrid that killed two people. They claim that the police mistreated them physically and psychologically. The Guardia Civil police maintain that Portu and Sarasola were trying to escape and that their limited use of force was necessary. Prosecutors seek two to three years in prison for the accused officers.

Basque government in Spain calls ETA cease-fire meaningless

The Washington Post reports that the armed Basque separatist group ETA, under pressure from political allies to renounce violence and weakened repeatedly by the arrests of its leaders, announced another cease-fire Sunday, suggesting it might turn to a political process in its quest for an independent homeland.The new pledge from ETA, which has been fighting for an independent homeland in parts of northern Spain and southwestern France since the late 1960s, left several key questions unanswered. Besides silence on whether it will surrender its weapons, it did not say if the truce was open-ended and permanent, like one declared in 2006, or whether it would stop other activities such as extorting money from business leaders or recruiting members.

Nor was there any mention of whether the cease-fire could be monitored by international observers, as called for Friday by two Basque parties that back independence: ETA’s outlawed political wing, Batasuna, and a more moderate pro-independence party called Eusko Alkartasuna.

But the Basque regional government immediately dismissed the announcement as meaningless because ETA had not renounced violence or announced its dissolution.

Spanish Congress Rejects Proposal to Prohibit Use of Niqab or Burka in Public Spaces

On July 20, 2010, the Congreso de los Diputados (the lower house of Spain’s parliament) opposed a proposal from the Partido Popular (PP) requesting that the government prohibit the use of the niqab or the burka,  the veils worn by Muslim women that cover most of the female body or face in public spaces. This is the first time this issue has been voted on in the lower house of the Congress; it comes in the wake of the approval by the Senate of a measure in favor of the prohibition.

The PP proposal asked the Executive branch to “prohibit the use of the whole veil or any other attire that would prevent the identification of the person or her visual communication, in public spaces or at events that are not exclusively for religious purposes.

Guantanamo update

Judicial decisions

Federal Court maintains stay on Khadr habeas petition
(JURIST) The US District Court for the District of Columbia on Tuesday allowed Canadian Guantanamo Bay detainee Omar Khadr to amend his 2004 habeas corpus petition, but refused to lift the stay on the petition pending the conclusion of his military commission.

The petition was stayed under a criteria set forth by the US Supreme Court’s 1975 decision in Schlesinger v. Councilman, staying action on the petition until the resolution of the military commission proceedings because the claims in Khadr’s habeas petition can be raised during the commission or in the appeals process.

Judge John Bates still allowed Khadr to amend his petition, finding that it was not “futile” as the government alleged, because the stay may be lifted after Khadr concludes his appeals from the commission. Khadr argued that the intent for district courts to hear his habeas petition despite the ongoing commission was demonstrated by the differences in the military commission acts of 2006 and 2009, in which § 950j(b) of the 2006 act, providing for district court review only after the conclusion of the military commission, was removed. Bates rejected this. Additionally, the court maintained the stay on the petition despite Khadr’s argument that the amended petition fell under one of the exceptions to Councilman, arguing that the military lacked personal jurisdiction over him because he was a juvenile at the time of his capture and that the military commission system established by Congress was unconstitutional. Bates rejected both arguments, finding that the jurisdictional argument did not fall with the Councilman exceptions, and cited the Supreme Court case of Hamdan v. Rumsfeld in upholding the constitutionality of the military commissions.

Federal Judge grants Yemeni Guantanamo detainee’s habeas petition
[JURIST] A judge for the US District Court for the District of Columbia on Wednesday granted the habeas corpus petition of Yemeni citizen Adnan Farhan Abdul Latif and ordered his immediate release from the Guantanamo Bay detention facility. Latif, who has been in custody for over eight years, contends that he was in Pakistan for medical treatment when he was arrested and turned over to US forces. According to a lawyer for Latif, he suffers from mental illness and depression, and he remains suicidal. The judge ordered the Obama administration to take all necessary steps to ensure that Latif is released. In a separate decision announced Wednesday, a federal judge denied the habeas petition of Guantanamo detainee Abdul-Rahman Sulayman, ruling that he can continue to be held in custody indefinitely. Sulayman has also been in custody for over eight years. The rulings in both cases remain under seal as they are examined for possible security issues. The US Department of Justice (DOJ) is considering whether to appeal the ruling in Latif’s case.


Spain and Latvia accept two Guantanamo detainees
“The United States coordinated with the governments of Spain and Latvia to ensure the transfers took place under appropriate security measures and will remain in close consultation with both governments regarding these individuals,” the Pentagon said in a statement. The identities of the two detainees were “withheld for privacy reasons at the request of the receiving governments,” the Pentagon said.

In announcing the transfer, the Spanish Interior Ministry  said that the man, an Afghan national, arrived in Spain on Wednesday and will be given residency and work permits. The ministry also noted that the former-detainee has no pending charges of terrorism against him in any jurisdiction. Spanish Foreign Minister Miguel Angel Moratinos indicated that Spain was willing to increase the number of detainees accepted in order to help remedy what it sees as an unacceptable situation at the detention facility.


Michael B. Mukaseki: “Guantanamo is no venue for a civilian jury trial”
The Washington Post has an opinion piece by former Attorney General and judge Michael Mukasey, arguing that there were fatal flaws in the recent suggestion that Congress should designate Guantanamo Bay part of an existing federal district court or as a separate federal district court so that those accused of the Sept. 11, 2001, attacks can be tried there.


A civilian trial would not “uphold the rule of law,” nor would avoiding a military commission deny the defendants their self-styled status as “warriors.” The civilized world has tried over several hundred years to establish rules of warfare so that those who wear uniforms, follow a recognized chain of command, carry their arms openly and do not target civilians are treated as prisoners of war when captured. Those who follow none of these rules are treated as war criminals, not as ordinary defendants accused of ordinary crimes and entitled to far more robust protection than war criminals. Congress recognized this when it passed the 2006 Military Commissions Act to deal with Islamist terrorism; disregarding that statute is lawless. Moreover, giving those who violate the laws of war more protection than is accorded those who follow such rules turns those rules and their underlying morality on their head.

Spain: Reform of Criminal Code introduces new terrorism offences

On 9 June, the Senate approved the reform of the Spanish Criminal Code.  The new Code will introduce the possibility for a judge to order a person who has served his sentence for a terrorism offence to be subject to “parole”, through restrictions similar to control orders, for up to ten years.

The Code also introduces new terrorism offences, including the public distribution or diffusion of messages or directives that, while not amounting to provocation, incitement or conspiracy, are apt to “increase the risk” of the commission of a terrorism offence.

Click here and here to read press articles on the reform (in Spanish)


Madrid airport ETA bombers given 1,000-year sentences

Spain’s National Court has convicted three members of the Basque separatist group ETA of murder, attempted murder and participation in a terror attack and sentenced them to 1,040 years in jail each, although they will not spend more than 40 years in prison, the maximum term for terrorist crimes in Spain.

They were found responsible for a Dec. 30, 2006, explosion at Madrid’s Barajas airport that destroyed a five-story parking garage, killing two Ecuadorean immigrants and wounding 41 other people. ETA later claimed responsibility for the attack, which marked the end of an cease-fire that the group had begun nine months earlier.

The verdict and sentence for Mattin Sarasola, Igor Portu and Mikel San Sebastian were released Friday.

ETA has killed more than 825 people since the late 1960s in its campaign for an independent Basque homeland.