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IdentifierCreatedClassificationOrigin
02AMMAN5627 2002-10-01 05:09:00 SECRET Embassy Amman
Cable title:  

MULLAH KREKAR: DUTCH EMBASSY SAYS SECOND SET OF

Tags:   PREL PTER NL JO 
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					  S E C R E T SECTION 01 OF 02 AMMAN 005627 

SIPDIS

DEPT FOR NEA/ARN, EUR/UBI, EUR/NB, AND S/CT
DOJ FOR OIA: SWARTZ AND FRIEDMAN
BRUSSELS FOR LEGATT

E.O. 12958: DECL: 09/30/2012
TAGS: PREL PTER NL JO
SUBJECT: MULLAH KREKAR: DUTCH EMBASSY SAYS SECOND SET OF
JORDANIAN EXTRADITION PAPERS NOT YET UP TO SNUFF

REF: A. THE HAGUE 2778


B. AMMAN 5528 AND EARLIER

Classified By: DCM Gregory L. Berry for reasons 1.5 (B) and (D)



1. (C) The Jordanian MFA on September 26 presented to the
Dutch Embassy in Amman a second, somewhat more detailed
request for the extradition of Mullah Krekar to Jordan on
narcotics charges. According to Dutch DCM Peter van der
Vliet, the Arabic diplomatic note covering the second
extradition request pledged that the GOJ will try Krekar only
on the charges for which he is extradited, and that the GOJ
would "not bring other charges for which the defendant could
receive the death penalty." The Dutch Embassy secure faxed
the second document to the MFA in The Hague on September 26.



2. (S) Van der Vliet called PolCouns September 29 to
express his Embassy's concern that the second request --
although better than the first -- still falls short of what a
Dutch court will need to extradite Krekar to Jordan. Van der
Vliet said that he had received over the weekend a list of
additional information requested by the Dutch Ministry of
Justice. This request for more information, he commented,
was dated September 26, so he did not know whether it was
formulated before or after receipt of the second Jordanian
document. The request from the Dutch MOJ asked for
information in four areas:

-- an explanation of the legal authority in Jordan that is
the basis for the extradition request;
-- a request for more specific evidence to support the
narcotics trafficking charges against Krekar, including a
complete description of the alleged crime and (unspecified)
evidence to support the charges;
-- an explanation of the role and place of the Jordanian
State Security Court in Jordan's judicial system, and a
description of the structure and legal procedures used by the
court; and,
-- explicit guarantees that Krekar would be tried only on
the charge for which he is extradited, and that he would not
receive the death penalty.

Van der Vliet said that the Dutch Embassy would submit these
requests for information to the Jordanian MFA in a diplomatic
note on September 30.



3. (S) Van der Vliet underscored, however, his and his
Ambassador's concern that the GOJ -- and particularly the
State Security Court prosecutor's Office, which has prepared
the two extradition requests to date -- does not understand
what is required to convince a Dutch judge to extradite
Krekar. He urged the USG to press the GOJ to submit more
supporting evidence and documents, and to assist the GOJ in
preparing and packaging future submissions. Van der Vliet
said the Dutch Embassy and MFA want to make sure that Krekar
is extradited to Jordan, but think the Jordanians will need
help to make it happen.



4. (S) Jordanian MFA Legal Advisor Samer Naber relayed
similar concerns to PolCouns separately on September 29.
Naber said he had recommended that his office -- not the
State Security Court prosecutor's office -- prepare the
extradition papers. He expressed concern that the
prosecutor's documents provide neither substantive proof of
the charges against Krekar nor a defense of the due process
protections incorporated in the State Security Court. He
fears that a Dutch judge will equate "Security Court" with
"third world military tribunal" and dismiss out of hand the
validity of the court's charges. He said that he had
recommended that, to assuage these potential Dutch fears,
Krekar be removed from the jurisdiction of the State Security
Court and be tried in a regular criminal court. Naber said
the prosecutor overruled him on both counts.



--------------------------


COMMENT


--------------------------





5. (S) We agree with the Dutch Embassy and the MFA's legal
advisor that the GOJ could use additional assistance in
preparing its case for the Dutch courts. We would appreciate
any comments or clarification Embassy The Hague can provide
on the legal standards for extradition, as well as likely
arguments the court will permit the defense to raise (e.g.
attacking the validity of charges brought before the State
Security Court, or directly challenging Jordanian
evidence/confessions).
GNEHM