ID:43323
    Date:2005-10-21 15:56:00
    Origin:05MADRID3694
    Source:Embassy Madrid
    Classification:CONFIDENTIAL
    Dunno:
    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 003694 
 
SIPDIS 
 
E.O. 12958: DECL: 10/21/2015 
TAGS: PREL, PGOV, SP, American - Spanish Relations 
SUBJECT: SPANISH MINISTERS WORKING TO CHALLENGE ARREST 
WARRANTS 
 
Classified By: DCM Robert Manzanares for reasons 1.4 (b) & (d). 
 
1. (C) SUMMARY.  Soon after a Spanish judge announced arrest 
warrants on October 19 for three US soldiers associated with 
the 2003 death of a Spanish cameraman in Iraq, both the 
Justice Minister and the Foreign Minister reached out to 
Ambassador Aguirre to let him know that the GOS is doing 
everything in its power to challenge the Judge's decision. 
The chief Spanish prosecutor announced that he has contested 
the warrants, questioning the judge's jurisdiction over the 
case and citing procedural faults. FM Moratinos told the 
Ambassador that VP Fernandez de la Vega is also engaged and 
that the government supports challenging the warrants on 
procedural grounds, and then moving to appeal to higher 
courts if necessary.  END SUMMARY. 
 
2. (SBU) On October 19, Spanish Judge Santiago Pedraz of the 
National Court ordered the arrest and extradition of three US 
soldiers associated with the death of Spanish cameraman Jose 
Couso.  Couso died in April 2003 when US forces shelled a 
Baghdad hotel.  A subsequent CENTCOM investigation of the 
incident found that the US forces had acted properly and in 
accordance with their Rules of Engagement.  CENTCOM made a 
comprehensive summary of its investigation available to the 
executive branch of the GOS in August 2003.  USDOJ and DOD 
are still discussing possible responses to the judge's two 
MLAT requests.  Judge Pedraz said that the US has not replied 
to his two MLAT requests for assistance with his 
investigation of the journalist's death.  He said that he had 
to issue the international warrants because he has no other 
way to ensure the testimony of the accused soldiers.  He 
cited the "nonexistent judicial cooperation" of US 
authorities as a reason for his action. 
 
3. (C) Justice Minister Lopez Aguilar called the Ambassador 
on October 19 to tell him that the GOS will make every effort 
to challenge the judge's decision on technical grounds.  FM 
Moratinos told the Ambassador in a separate call that Vice 
President Fernandez de la Vega is involved in the case. 
Moratinos said that if the judge fixes the technical flaws 
the Government would move to appeal.  In public, both 
ministers expressed "respect" for the decision of the 
independent judge.  Justice Minister Aguilar pointed out that 
the order is not yet final because it can be appealed.  He 
also said that the US and Spain cooperate closely on judicial 
issues related to terrorism and international crime issues. 
 
4. (SBU)  On October 20, Attorney General Candido 
Conde-Pumpido publicly announced that the prosecutors who 
practice before the National Court have challenged the 
warrant for lack of jurisdiction in the death of a Spanish 
citizen during a foreign war and the lack of a pre-existing 
indictment against the soldiers.  Normally in Spain requests 
for extradition are only based on pre-existing arrest 
warrants 
 
5. (C) COMMENT.  Top ministers moved quickly to let us know 
that the Government is working to resolve this situation. 
The Government must act carefully as it tries to influence 
Spain's fiercely independent judiciary.  In order to avoid 
aggravating the situation, GOS leaders must publicly show 
their respect for the independent workings of the courts 
(just as we've asked them to respect the independence of our 
courts in cases like Posada Carriles.)  We continue to 
reiterate that this matter has been fully investigated, the 
government has been fully informed, and that the soldiers' 
actions were justified. 
AGUIRRE