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:

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General Assessment
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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.

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Sanctuary (Safe havens) Assessment and Terrorist Groups
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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.

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Foreign Government Cooperation
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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
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