From: Aftenposten
Date: 2002-09-26
S E C R E T SECTION 01 OF 02 AMMAN 005528
SIPDIS
DEPT FOR NEA, NEA/ARN, EUR/EB, AND S/CT DOJ FOR OIA:
SWARTZ AND FRIEDMAN BRUSSELS FOR LEGATT E.O. 12958:
DECL: 09/25/2012
TAGS: PREL, PTER, NL, NO, JO
SUBJECT: GOJ TO APPROACH DUTCH TO ASK THAT MULLAH KREKAR
NOT BE EXPELLED TO NORWAY
REF: A. BERRY/RUSSELL TELCON 9/25/02 B. THE HAGUE 2722
C. AMMAN 5398 D. OSLO 2169 E. THE HAGUE 2659
Classified By: DCM Gregory L. Berry for reasons 1.5 (B) and (D)
---------------------------
EXPELLING KREKAR TO NORWAY?
---------------------------
1. (S)
Following ref a telcon, DCM and PolCouns September 25 called
on Acting Foreign Minister Shaher Bak and Personal Assistant
to Foreign Minister Muasher, Ali al-Ayed, regarding the GOJīs
request for the extradition of Najmuddin Faraj Ahmad (aka
Mullah Krekar) from Holland. The DCM explained that the Dutch
said they were worried that, if Norway strips Krekar of his
refugee status and the 3-judge panel in the October 9
extradition hearing denies Jordanīs extradition request, the
GONL will be forced to release Krekar -- an outcome the Dutch
(and Jordanians) definitely do not want. Consequently, we
understand that the GONL may attempt to expel Krekar to Norway
before his refugee status/travel documents are revoked.
2. (S)
Bak said that he would call the Dutch Ambassador in Amman and
urge the GONL to continue with the process of extradition to
Jordan (including the October 9 hearing), to consult closely
with the GOJ before taking any action in the case, and to
not/not expel Krekar to Norway. He instructed al-Ayed to
contact the Jordanian Ambassador in the Hague, who was to
deliver the same message to the GONL.
----------
GOJ EXTRADITION REQUEST TO NORWAY IN TRAIN
----------
3. (S)
Al-Ayed confirmed in a subsequent conversation that the
Jordanian Ambassador in the Hague had expressed to the Dutch
MFA Jordanian concerns about the possible expulsion of Krekar
to Norway. Al-Ayed said that the Dutch had advised Jordan to
submit a separate extradition request for Krekar to
Norway. Acting FonMin Bak also spoke to the Dutch Ambassador
in Amman making similar points, and will see her on September
26. Bak also plans to see the Norwegian Ambassador in Amman
separately on September 26.
4. (S)
Both before and after the conversation with Bak, we talked
with al-Ayed to make sure that the Jordanians understand the
possible need for making a separate provisional arrest and
extradition request of Norway. Al-Ayed said that the GOJ had
already begun the process of requesting that Norway arrest and
extradite Krekar. Finally, we understand that Jordanian GID
Chief Kheir phoned PM Ali Abul Ragheb on this case September
25, and that Abul Ragheb subsequently called FonMin Marwan
Muasher (who is currently in Washington) to discuss next
steps. As of 1930 local September 25, we do not know what
follow on actions Muasher may have taken.
---------------------------------------------------
TECHNICAL ISSUES RELATED TO THE EXTRADITION REQUEST
---------------------------------------------------
5. (S)
On other related topics, during the meeting with Acting FonMin
Bak, the DCM said that, even if this issue of Krekarīs
possible expulsion to Norway is resolved, it appears that the
GOJ will still have to deal with two other technical issues
related to the extradition request. First, the GOJ will have
to pledge that Krekar will not receive the death
penalty. Second, the GOJ will have to pledge that he will be
tried only on the charges for which he is extradited,
i.e. narcotics trafficking. Bak said that the GOJ is prepared
to pledge that Krekar will not be given the death penalty, and
that he will be tried only on the narcotics trafficking
charges on which the extradition is based. He also said that
he would consider recommending that Jordanian Justice Minister
Faris Nabulsi contact Dutch Justice Minister Donner to express
the GOJīs very strong interest in progress on their
extradition request.
6. (S)
Bak commented, however, that the twenty day delay in the Dutch
court proceedings may not provide sufficient time for the GOJ
to prepare the more detailed extradition request. The military
prosecutorīs office, Bak noted, would have to research and
collect the related documents and court records, prepare the
request in Arabic, translate it and the documents into
English, then make sure the translations, format, and
procedures were proper. He hoped the GOJ could be given more
than 20 days to produce the final extradition request.
-------
COMMENT
-------
7. (S)
The GOJ is pressing ahead with its detailed extradition
request paperwork. We have offered USG assistance in reviewing
the final documents to assure that they meet Dutch court
standards. We recommend that the Department contact FonMin
Muasher in Washington to ascertain what actions he might have
taken today from Washington.
GNEHM