RECENT CT DEVELOPMENTS IN THE NETHERLANDS

UNCLAS SECTION 01 OF 03 THE HAGUE 003025

SIPDIS

DEPT FOR EUR/UBI, S/CT, INL, INR
JUSTICE FOR OIA - JFRIEDMAN

E.O. 12958: N/A
TAGS: PTER PINR PINS NL KPRP
SUBJECT: RECENT CT DEVELOPMENTS IN THE NETHERLANDS

REF: (A) THE HAGUE 2995; (B) THE HAGUE 2929;

(C) THE HAGUE 2864; (D) THE HAGUE 2831; (E) THE HAGUE 2331;
(F) THE HAGUE 2308; (G) THE HAGUE 1595


1. An update of recent CT developments in the Netherlands
follows:
-- PKK Training Center Dismantled
-- Van Gogh Assassination - Continuing Fall-out
-- AIVD Assessment Report
-- Act on Terrorist Crimes Finally Effective
-- Pending CT Legislation/Proposals
-- Port and Maritime Security - ISPS Operational
-- Air Marshals Program - Up and Running
-- Experiment with Biometric Passports
-- Spamming/Hacking To Be Criminalized
-- Terrorist Financing
-- CT Tips from Crime Hotline

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PKK Training Center Dismantled
--------------

2. Following a months' long investigation, the National
Crime Squad raided a camping farm in Liempde (North Brabant
province - southern Netherlands) on November 12, suspected
of housing a PKK training center. The police arrested 29
suspects (mainly juveniles),23 on the camping grounds and
nine throughout the country. During house searches, the
police confiscated night telescopes, instruction material,
passports and a weapon. According to the Federation of
Kurds in the Netherlands (Fed-Com),the camp was just a
place to express nationalist Kurdish sentiments and was not
a PKK training camp.


3. Police say people were being trained in "special warfare"
and "militant profiles" to prepare for the "armed fight" of
the PKK in Turkey. There were indications the trainees were
to be sent to ARMENIA to participate in armed PKK actions
after training. On November 15, the Rotterdam examining
judge released five suspects, and two others were handed
over to the immigration service because they did not have
valid residence documents. The prosecutor also asked for
the extradition of another suspect arrested in Belgium.


4. The PKK, now called Kongre-Gel, is not banned in the
Netherlands, although it has been put on the EU list of
terrorist organizations. Under pending legislative
proposals (see para 8 below),the government would be
allowed, upon application to a court, to prohibit terrorist
organizations on the EU terrorism lists from conducting
activities in the Netherlands. Under the conspiracy article
in the new Dutch terrorist act (para 7 below),however, the
government can still prosecute individuals preparing to
engage in terrorist activities.

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Van Gogh Assassination
--------------

5. Dutch film producer Theo van Gogh, known for his
outspoken criticism of Islam, was murdered Nov. 2. Reftels
B and C provide additional information. The Justice,
Interior and Immigration Ministers sent a letter to
Parliament on Nov. 11 detailing the government's actions
surrounding the murder, which the Second Chamber debated the
same day. The letter included proposals for new CT
measures, including providing more resources to protect
public persons and property, setting up a special terrorist
unit within the National Crime Squad, expanding the number
of people under regular surveillance and enhancing efforts
to combat violent Islamic radicalism. Septel to follow.

--------------
AIVD Assessment
--------------

6. On Nov. 16, a blue-ribbon committee recommended
additional resources for the civilian intelligence service
AIVD, noted a lack of clear oversight/direction and
suggested enhanced cooperation with police and prosecutors.
Details provided reftel A.

--------------
Act on Terrorist Crimes Finally Effective
--------------

7. The Act on Terrorist Crimes, implementing the 2002 EU
framework decision on combating terrorism, became effective
August 10, 2004. Justice Minister Donner initially proposed
the Act in July 2002 with additional proposals submitted to
Parliament in August 2003. Now, recruitment for the jihad
and conspiracy with the aim of committing a serious
terrorist crime are made separate criminal offenses. The
maximum prison sentences for crimes such as homicide, gross
maltreatment, hijacking or kidnapping will be higher if
committed with a "terrorist purpose."

--------------
Pending CT Legislation/Proposals
--------------

8. In addition to the proposals discussed during the debate
on Van Gogh's murder, other CT bills awaiting parliamentary
action would enable use of AIVD intelligence information in
criminal proceedings (codifying The Hague Court of Appeals'
findings in the Courtailler - reftel G) and regulate legal
persons and other legal entities guilty of activities
violating the public order. This would allow the
government, upon application to a court, to prohibit
terrorist organizations on the EU terrorism lists from
conducting activities in the Netherlands.


9. Interior Minister Remkes is drafting a bill to expand the
rights of the AIVD and MIVD intelligence services to search
personal files, even if they concern names and data of non-
suspect persons. The services could use the information to
discern "patterns" within groups of people. Remkes also
wants to allow the services to demand information directly
from other government bodies and take immediate action upon
discovery of terrorist activities, without having to go to
the police first. The Minister announced in early August
the establishment of a third independent intelligence
service, the National Sigint (Signals Intelligence)
Organization (NSO),which currently is part of MIVD, the
military intelligence service. The NSO, which intercepts
information from communication satellites, will be
comparable to the NSA in the U.S.


10. CT Coordinator Joustra's September 10 plan to streamline
Dutch counterterrorism policies includes legislative
proposals, such as lowering the threshold for granting use
of special investigation methods, e.g. phone taps,
infiltration and surveillance, extended custody of suspects,
increased opportunities for preventive search of persons,
cars and packages, and expanded power for prosecutors to
request data from private organizations (reftel F). On
November 11, Justice Minister Donner circulated a proposed
bill implementing Joustra's plan to various organizations
for their review.

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Port and Maritime Security
--------------

11. On July 9, 2004, the Dutch Port Security Act became
effective, complying with the IMO's International Ship and
Port Facility Security (ISPS) Code. The Netherlands also
has approved security plans for all 18 of its seaports as
required by the Code.

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Air Marshals
--------------

12. In July 2004, the government approved an experiment with
air marshals of the Royal Military Police (KMar) on certain
KLM and Martinair flights. Only the flight captains are
informed when the marshals are on board. The experiment, to
be evaluated at a later date, is paid for by the Government.
It resulted from an agreement between pilots, unions, the
government and the airlines. Teun Platenkamp, KLM chief of
security, said, if confronted with the possibility of a
"passenger of concern" on a KLM flight (which would
necessitate the placing of marshals on board),the airline
would probably cancel the flight.

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Biometric Passports
--------------

13. A six-month experiment with biometric data in travel
documents began in six Dutch cities on September 1. The
voluntary test "2B or not 2B" is for people who request new
travel documents. Some 15,000 people are expected to
participate. Two fingerprints will be electronically
scanned and a temporary/pilot passport book will be issued
with a chip with the fingerprints. When the applicant
returns to collect his/her new normal/permanent passport,
the authorities will check to see that the passport's data
match the applicant's fingerscan. This is intended to
verify the equipment is working. The pilot passports with
biometric data will not be put into circulation.

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Cyber Crime
--------------

14. On November 5, the Cabinet approved a bill to
criminalizes and enhance punishment for hacking and
spamming: serious forms of spam emails and disturbing access
to or use of systems would become crimes; the penalty for
hacking computer systems would be raised to one year; the
maximum sentence for stealing information when hacking
computer systems would be four years; and preparing for
computer crime would be punished with one to four years.
The bill, which implements the 2001 international Cyber
Crime Convention, has now been sent to the Council of State
(the highest advisory body to the government) for its
recommendation. Upon approval, it will be forwarded for
parliamentary consideration.

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Terrorist Financing
--------------

15. On August 20, the Amsterdam public prosecutor's office
said it would investigate possibilities of banning the Dutch
branch of the Al-Haramain foundation, which allegedly has
ties with Al-Qaida and the fundamentalist El Tawheed mosque
in Amsterdam. In July, the Saudi "charity" was placed on
the international freeze list. The government responded by
freezing all financial assets of the Dutch branch of Al-
Haramain (reftel E). These actions track with the
government's policy to improve control on non-profit
organizations, which may be engaged in terrorist financing.
The Cabinet has proposed requiring foundations to submit
their annual reports to the Chambers of Commerce making it
easier to check whether or not foundations are used as a
cover for terrorist financing.


16. The Dutch press reported in August that the El Tawheed
mosque appeared to be benefiting from international measures
against terrorist financing. Apparently, it now does not
have to pay back a 1.4 million-euro loan to Saudi Aqeel
Abdulaziz Al-Aqil, which was put on the freeze list. The
Finance Ministry warned the mosque it would be prosecuted if
it paid off the loan.


17. Foreign Minister Bot announced in Parliament on November
1 the government's intention to seek EU designation of both
the political and military branches of the Lebanese
Hizballah. See reftel D for further details.


18. Europol will host a two-day meeting of US-EU terrorist
financing practitioners November 29-30 in The Hague to
exchange information on lessons learned and best practices
concerning the investigation and prosecution of terrorist
financing cases and the effect of the designation process on
these cases.

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Tips about Terrorist Attacks
--------------

19. The daily newspaper Telegraaf reported Nov. 14 the
anonymous crime reporting hotline, set up by the Justice and
Interior Ministries a year ago, had received about 350
"serious" tips about possible terrorist actions since the
Van Gogh murder Nov. 2. All relevant tips are passed on to
the AIVD. So far this year, about 560 tips about security
and possible terrorism have been reported.

Sobel