Identifier
Created
Classification
Origin
05THEHAGUE3113
2005-11-17 16:06:00
UNCLASSIFIED
Embassy The Hague
Cable title:  

EXTRADITION: NETHERLANDS: ANTONIO BENTE BEMBE CASE

Tags:  CJAN PREL CVIS KCRM NL 
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UNCLAS THE HAGUE 003113 

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 BENTE BEMBE CASE
DISMISSED

REF: THE HAGUE 3043

UNCLAS THE HAGUE 003113

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 BENTE BEMBE CASE
DISMISSED

REF: THE HAGUE 3043


1. Summary: The Hague District Court dismissed the
extradition case of Antonio Bente Bembe on November 15, as
he was no longer in custody and appeared to have fled the
country. Because Dutch law requires that the person to be
extradited be physically present in the Netherlands when the
extradition request is considered, the court was required to
dismiss the case. If Bembe is eventually located in the
Netherlands and re-arrested, the extradition request could
be resubmitted. End summary.


2. Bembe was released from detention on October 4, following
a second postponement of his extradition hearing, on
condition that he report daily to the police. He did so
until Sunday, November 4, but has since "gone missing."
Police efforts to locate him proved unsuccessful. As
expected, he did not show up at the November 15 court
hearing, and no one could provide information on his
whereabouts.


3. Court proceedings had previously been adjourned because
the court wanted additional information from the MFA on the
MFA's reasons for issuing Bembe a visa, despite the
existence of an Interpol Red Notice. At the November 15
court hearing, the Chief Judge expressed irritation about
the inconsistencies in the consecutive replies that the MFA
had provided, for instance on the number of times MFA
officials had met with Bembe. He charged that information
was "deliberately withheld for political reasons."


4. During the hearing, the Chief Judge stated, "I hope Bembe
was not kidnapped." Bembe's defense attorney responded that
there was no need to worry about a kidnapping, as the MFA
had been in contact with Bembe following his failure to
report to the police two weeks ago. Senior MFA official
Pieter de Gooijer flatly denied to the Charge, however, that
the MFA had had contact with Bembe following his
disappearance.


5. Of particular note was a recent letter to the Court from
the Government of Angola granting "General Amnesty" to all
those involved in the Angolan conflict (including Bembe)
which ended three years ago. After reading the letter in
court, the Chief Judge noted that the Angolan amnesty did
not apply to contravene the laws of the United States, which
was the issue before them.


6. The hearing was well attended, with the courtroom filled
to capacity. In addition to the FBI Assistant Legal Attache
for The Hague, two FBI Special Agents from the Washington
Field Office who are assigned to the Bembe investigation
were present for this hearing. Also present were
representatives from the Dutch National Police (KLPD) and
the Ministry of Justice, as well as numerous reporters and a
number of Angolans. The Angolan government had been
lobbying for Bembe's release.

Blakeman