EXTRADITION: NETHERLANDS: ANTONIO BENTO BEMBE SKIPS

UNCLAS THE HAGUE 003043

SIPDIS

STATE FOR L/LEI AND EUR/UBI
JUSTICE FOR OIA/JFRIEDMAN

E.O. 12958: N/A
TAGS: CJAN PREL CVIS KCRM NL
SUBJECT: EXTRADITION: NETHERLANDS: ANTONIO BENTO BEMBE SKIPS
OUT

REF: STATE 142249


1. Summary: A Dutch prosecutor informed the Embassy on
November 8 that Antonio Bento Bembe, an Angolan national
wanted in the U.S. on charges of kidnapping, has not
reported to the police since November 5 despite court orders
requiring him to report in daily. Bembe's whereabouts are
unknown. Police are attempting to locate him. End Summary.


2. The Hague District Court released Bembe from detention
on October 4 -- following a second postponement of his
extradition hearing -- on condition that he report daily to
the police. Bembe dutifully reported until Sunday, November
5, but has since "gone missing." Police efforts to locate
him, including discussions with his acquaintances, have
proved unsuccessful. If found, Bembe will be taken back into
custody. Ministry of Justice officials told us there is a
good chance that Bembe may have left the country.


3. The next court hearing is scheduled for November 15.
The MOJ wishes to proceed as if he were still going to
appear in court, according to MOJ contacts. These contacts
told us the MFA has indicated to the MOJ that it is now
reluctant to provide the supplemental information about its
role in issuing Bembe a visa requested by the court. MFA
Consular Section Chief Roelof van Ees, however, assured us
that the MFA is continuing to prepare the information
requested by the court. He indicated that the MFA expected
to meet the November 9 deadline for submitting the
information.


4. If Bembe does not appear on November 15, MOJ officials
say the court is likely to decline to rule on the merits of
the extradition request due to the physical absence of
Bembe. Ruling in absentia is not a possibility. If he were
later to be found, the prosecutor could resubmit the
extradition request to the court. The court could also
simply defer proceedings, but that is considered less likely
if it seems that Bembe has truly disappeared.


5. The Ministry of Justice and prosecutor's office
expressed to us their extreme unhappiness with the latest
development. They noted they had strongly objected to the
court's decision to release Bembe from custody pending the
conclusion of the court's hearing on the extradition
request.


6. Bembe's failure to continue to check in daily with the
police constitutes grounds for detaining him if he is
located, but is not itself a punishable offense in the
Netherlands.

Blakeman