Identifier
Created
Classification
Origin
04THEHAGUE1595
2004-06-25 13:32:00
UNCLASSIFIED
Embassy The Hague
Cable title:  

DUTCH APPEALS COURT ALLOWS USE OF INTEL INFORMATION

Tags:  PTER KCRM NL 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS THE HAGUE 001595 

SIPDIS

E.O. 12958: N/A
TAGS: PTER KCRM NL
SUBJECT: DUTCH APPEALS COURT ALLOWS USE OF INTEL INFORMATION
IN TERRORIST CASES

REF: (A) 03 The Hague 3087; (B) 03 The Hague 1859

UNCLAS THE HAGUE 001595

SIPDIS

E.O. 12958: N/A
TAGS: PTER KCRM NL
SUBJECT: DUTCH APPEALS COURT ALLOWS USE OF INTEL INFORMATION
IN TERRORIST CASES

REF: (A) 03 The Hague 3087; (B) 03 The Hague 1859


1. In December 2002, a Rotterdam court acquitted four men
who, the Government alleged, were involved in a plot to bomb
the U.S. Embassy in Paris. The court refused to allow the
prosecution to use information supplied by the intelligence
service, AIVD, as evidence. On June 21, 2004, The Hague
Appeals Court reversed the lower court's acquittal of Jerome
Courtailler and Abdelghani Rabia and sentenced them to six
and four-year jail terms respectively. The appeals court
found the defendants did not plan an attack but convicted
them for being involved in an international criminal
organization that was planning an attack. Courtailler and
Rabia were also convicted of involvement in another criminal
organization that, among other activities, engaged in the
trade of forged passports. The other two defendants were
also convicted of the lesser offense of participating in a
criminal organization trading in forged passports. They
were sentenced to 18 and 12-months in jail.


2. At the time of the court's decision, Courtailler and
Rabia were out of the country - Courtailler allegedly in
France and Rabia in Algeria. Arrest warrants were issued
for both men. Courtailler turned himself in to Dutch
authorities June 24 and has begun serving his sentence.


3. The pivotal question before the appeals court concerned
the validity of using intelligence information by the
prosecution - both in the investigation and in court as
evidence. Since the Rotterdam court's decision in 2002,
Dutch prosecutors have been reluctant to pursue cases based
in large part on information coming from AIVD. In October
2003, the Government arrested but then quickly released
another four men suspected of preparing a terrorist attack
because there was insufficient evidence independent of
intelligence sources to detain them (Reftel A). Agreeing
with the Government's argument, the appeals court held AIVD
information was "a very good" base for starting a criminal
investigation or issuing arrest or search warrants. It also
allowed the use of "part" of AIVD intelligence as evidence
under certain circumstances (i.e., the information must be
able to be verified).


4. According to a Justice Ministry source, Minister Donner
is pleased with the decision, seeing it as a complement to
his efforts to improve law enforcement tools to combat
terrorism. He plans to continue to press parliament to
approve pending legislation making membership in a terrorist
organization and conspiracy to commit a terrorist act
separate offenses as well as recruitment for the jihad
punishable under the criminal code (Reftel B).


5. COMMENT: This is the first successful conviction of
individuals for suspected terrorist activity by prosecutors
in the Netherlands. While the defendants can appeal to the
High Court, the prosecutors are confident this ruling will
stand. Prosecutors have indicated to Embassy officials they
intend to actively utilize the court's ruling to strengthen
their counterterrorist efforts. END COMMENT.

SOBEL