BELGIUM: 2006 COUNTRY REPORTS ON TERRORISM

UNCLAS BRUSSELS 004187 SIPDIS SENSITIVE SIPDIS DEPT FOR S/CT RHONDA SHORE AND FOR NCTC E.O. 12958: N/A TAGS: ASEC EFIN PTER BE SUBJECT: BELGIUM: 2006 COUNTRY REPORTS ON TERRORISM REF: STATE 175925 ¶1. (U) Post submits the following update on Belgium for the Department,s 2006 Patterns of Global Terrorism report (reftel). ¶2. (U) Patterns of Global Terrorism ) Belgium Update for 2006: -------------- General Assessment -------------- ¶3. (U) The Belgian government continues to participate in the global war on terrorism and cooperate with its European neighbors and the United States on multiple levels. Belgium remains active in sharing information with the United States regarding terrorist threats to U.S. interests or persons. Belgium's overall awareness of the terrorism threat, both globally and within its own borders, continued to increase in 2006, both within the government and the general public. While the London bombings, the foiled attack in Germany, and the arrests of extremists elsewhere in Europe are largely responsible for this shift toward greater vigilance, local threats to Belgian security also have played an important role. Consequently, the strengthened Belgian response to the terrorism threat has taken several forms, including enhanced enforcement of existing laws, improved internal coordination among antiterrorism offices, and the passage of legislation authorizing a more aggressive approach to antiterrorism operations. ¶4. (U) The Belgian judicial system effectively applied the rule of law to terrorism conspirators in 2006. In February 2006, a Belgian court convicted members of the Moroccan Islamic Combatant Group (GICM) of belonging to a terrorist group linked to attacks in Madrid and Casablanca and providing logistical and financial support to the group. The defendants were not charged with committing or plotting a specific terrorist act in Belgium. Under the antiterrorism law, prosecutors focused on the material support the suspects provided to terrorists, including lodging and false documents. Three of the ten defendants were sentenced to terms of five to seven years, while the remainder received three to five year sentences under Belgium's 2003 antiterrorism law, which criminalizes membership in a terrorist group, as well as broadens the definition of terrorist acts. In September 2006 a Belgian appeals court upheld the convictions of five GICM members, imposing sentences ranging from forty months to eight years. ¶5. (U) In another case this year, also under the 2003 antiterrorism law, members of the Revolutionary People's Liberation Front (DHKP-C) were convicted for membership in a terror organization and for providing material support to a terrorist group. The Belgian Court of Appeals upheld the DHKP-C convictions in November. (Fehriye Erdal, the most celebrated defendant, disappeared from Belgium just as the original verdict was announced, before she could be taken into custody.) Belgian authorities also arrested in September seventeen members of a loosely-organized far right group with links to neo-Nazi groups, allegedly planning attacks to disrupt Belgian democratic institutions. ¶6. (U) Belgian authorities cite the 2003 antiterrorism law as an effective means to move against suspected terrorists before they can act and to go after supporters of terrorism. In upholding the convictions of the GICM and DHKP-C appellants under the law, Belgian federal authorities believe a positive signal is being sent in support of tougher antiterrorism monitoring and enforcement efforts. Federal authorities plan to review the ruling of the appeals courts to gauge what acts and groups can be prosecuted successfully under the 2003 legislation and what types of sentences can be imposed. The Belgians also point to recently enacted legislation that loosens restrictions on police surveillance of alleged extremists as facilitating action against suspected terrorists. In addition, legislation passed in late December 2005 clarifies procedures for authorizing searches, wiretaps, and use of informants and gives some broader authority to investigative judges to authorize wiretaps and searches. ¶7. (U) Belgian authorities have moved to strengthen their internal capabilities to combat terrorism as well. In late 2004, the government promulgated a royal decree establishing OCAM/CODA, the "Coordinating Body for Analyzing Threats." As fashioned, the new agency would come under the joint authority of the Justice and Interior Ministers and include representatives from the external and internal services, the Federal Police, Customs, and the Ministries of Transport, Finance, and Foreign Affairs. OCAM has two main goals: 1) the exchange of information among all governmental bodies involved in the fight against terrorism and other threats, and 2) to make a common threat analysis on the basis of such information exchanges. Authorities had hoped to make OCAM fully operational in 2006 (by law, it became operational on December 1, 2006),but the start up is running behind schedule, with budget and personnel issues still being ironed out. ¶8. (U) Additional measures in 2006 resulted from Belgium's review of its counterterrorism capabilities. The Justice Ministry increased the number of investigative judges specializing in terrorism issues, appointing more expert judges in Brussels, Antwerp, Ghent, Mons, and Liege. Belgium is also considering creating a national list of terrorist entities, separate from UN and EU lists, possibly by the end of 2006. This list, to be coordinated by OCAM/CODA, would include financiers and suspected financiers of terrorism. The GOB would use this information to develop and apply a national capacity to freeze assets (in addition to UN and EU mandated asset freezes that Belgium already implements). In addition, new legislation broadened the definition of "bank account" to include insurance, stocks or other securities, and other financial instruments, for the purpose of investigating financial crimes, including the financing of terrorism. Certain surveillance and listening techniques were also expanded and more flexibility was established in the use of informants. ¶9. (U) Although response to a major terrorist incident is untested, Belgium's small but effective police force and civil defense organization should be capable of responding to the most likely threats. On a local level, authorities have instituted drills of rapid alert systems, and reviewed civil protection and medical assistance procedures, and critical infrastructure support. Federal and local authorities participated in a EUCOM WMD Consequence Management exercise in 2006, further streamlining U.S.-Belgian cooperation in this area. Police and private sector working groups have also been formed to target terrorists, the financing of terrorism, and terrorists' use of the internet. ¶10. (U) Belgium continued to participate in the Global War on Terror. Belgium's greatest contribution in military terms is to the International Security Assistance Force (ISAF) in Afghanistan, with a troop presence of 340 in 2006, which it intends to maintain but not increase. Belgium has contributed approximately $33 million towards Afghan reconstruction and has promised to boost its support for reconstruction and development, totaling 30 million euros, to be disbursed over the next four years. Belgium plans to expand its technical assistance efforts in Iraq and has begun implementing debt forgiveness within the framework of Paris Club agreements. It expanded its participation in the Jordan International Police Training Center in Amman, increasing from two to four the number of Belgian police officers at the facility. Other programs included training for Iraqi diplomats and magistrates in Belgium and training for Iraqi servicemen in Abu Dhabi, in cooperation with Germany. In addition, the Belgian government is exploring ways to possibly offer expertise on constitutional issues. -------------- -------------- Sanctuary (Safe havens) Assessment and Terrorist Groups -------------- -------------- ¶11. (U) Some observers point to recent arrests and trials of terror suspects as an indication that Belgium may serve as a support center for terrorists in Europe, with certain groups using Belgium as a platform for recruiting new members and freely engaging n "political speech." But, Belgium does not qualify as a significant sanctuary nor safe haven for terrorist groups. Belgium's antiterrorism units operate in an environment where security concerns are balanced against strong public civil liberty concerns. However, continuing a trend over the past couple of years, Belgian authorities are responding more aggressively to activities inside their borders through investigations, raids, arrests, and use of antiterrorism legislation. Prosecutors have sought lengthier sentences in appeals of cases brought under the 2003 antiterrorism law. Further, recent legislation to expand certain surveillance and listening techniques and provide more flexibility in using informants aims to bolster investigation and enforcement efforts. At the same time, provisions for privacy protection are included. ¶12. (SBU) Cooperation with the United States has continued to improve under the efforts of Belgian Interior Minister Dewael and Justice Minister Onkelinx, with ongoing exchanges and dialogue. Belgian authorities, however, stress the need for more information sharing by the U.S. in order to move legally against suspected terrorists. Of particular concern is the limited ability of Belgians to introduce as evidence into Belgian courts intelligence information given by other countries. In general, the threshold of evidence for establishing a criminal case is higher in Belgium (and other EU countries) than in the U.S. ¶13. (SBU) Belgian authorities remain concerned about potential terror activities involving groups from Algeria and North Africa, and have investigated groups such as the GICM, the DHKP-C, and a far right group with links to neo-Nazi groups. The People's Congress of Kurdistan is a known presence, having two television production studios in Belgium. -------------- Foreign Government Cooperation -------------- ¶14. (U) Belgium and the United States cooperate under updated bilateral Extradition and Mutual Legal Assistance Treaties signed in December 2004. Belgium has signed all 12 UN conventions and protocols relating to terrorism, with eleven ratified. The last outstanding Convention to be ratified is the Convention on Plastic Explosives, a so-called "mixed treaty" that requires both regional and federal parliamentary approval. To date, the Federal, Flemish, and Brussels Parliaments have completed their approval procedures, leaving only the parliamentary approval of French-speaking Wallonia still pending. Belgium is in the process of modifying its legislation regarding its reservation to Article 14 of the 1999 International Convention for the Suppression and Financing of Terrorism. The Ministry of Justice decided in the fall of 2005 to retract the clause related to Belgium's refusal to grant extradition if requested "solely for political reasons," prompted by repeated demarches from the United States and other governments. The change in Belgian legislation removing the reservation is expected to be approved some time in early 2007. ¶15. (U) Terrorist attacks in Europe have intensified Belgium's continuing effort to improve cooperation with foreign agencies. Belgian police continue to work directly with police in the region and with authorities in more distant countries. In addition to long-standing arrangements with police in Germany, France, and the Benelux partners, Belgium has cooperation agreements with Spain, Italy, and the UK. ¶16. (U) Belgium continued to take action in response to EU and UN Security Council actions to freeze suspected terrorist assets. In Belgium, there are three ways to freeze assets. First, the Ministry of Finance can administratively freeze assets when an individual or an organization appears on the UN Consolidated List pursuant to Security Council Resolutions 1267 or 1363 and/or is covered by an EU asset freeze regulation. If an entity appears on a UN list, but not on the EU's list, then the GOB can pass a ministerial decree to freeze the assets in order to comply with the UN list. Assets of entities appearing on the EU list are automatically frozen, without additional legislative or executive procedures. Second, Belgium's Financial Intelligence Unit, CTIF/CFI, can freeze assets on a case-by-case basis, if there is sufficient evidence of money laundering to warrant the freeze. Third, the Ministry of Justice can freeze assets in Belgium under legislation passed by the Belgian Parliament in ¶2003. The burden of proof on judges is relatively high. In order to constitute a criminal offense, authorities must demonstrate that the support was given "with the knowledge that it would contribute to the commission of a crime by the terrorist group." Further, Belgian law does not yet establish a national capacity for designating foreign terrorist organizations (see paragraph 8). Belgian authorities must, therefore, demonstrate in each case that the group that was lent support actually constitutes a terrorist group. ¶17. (U) The Belgian Government continues to study steps to improve its ability to combat and control terrorist financing. These include disrupting the possibility for untraced money flows through phone shops and other alternative remittance systems, VAT refund carousels, laundered proceeds through narcotics trafficking or prostitution, and the diamond trade. Based upon a mutual evaluation review by the Financial Action Task Force (FATF) in June 2005, Belgium is working to implement FATF's recommendations ahead of June 2007, when Belgium must report back to FATF on its progress. KOROLOGOS .