Identifier
Created
Classification
Origin
07LISBON345
2007-02-07 17:27:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Lisbon
Cable title:  

PORTUGUESE AUTHORITIES INVESTIGATING CIA FLIGHT

Tags:  PREL PGOV PO 
pdf how-to read a cable
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PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHLI #0345/01 0381727
ZNR UUUUU ZZH
P 071727Z FEB 07
FM AMEMBASSY LISBON
TO RUEHC/SECSTATE WASHDC PRIORITY 5545
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHEHNSC/NSC WASHDC
UNCLAS SECTION 01 OF 02 LISBON 000345 

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV PO
SUBJECT: PORTUGUESE AUTHORITIES INVESTIGATING CIA FLIGHT
ALLEGATIONS

REF: A. 06 LISBON 2841

B. 06 LISBON 2365

C. 06 LISBON 1921

UNCLAS SECTION 01 OF 02 LISBON 000345

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV PO
SUBJECT: PORTUGUESE AUTHORITIES INVESTIGATING CIA FLIGHT
ALLEGATIONS

REF: A. 06 LISBON 2841

B. 06 LISBON 2365

C. 06 LISBON 1921


1. (SBU) Summary: The Public Ministry received complaints
from a crusading journalist and European Parliamentarian
about alleged illegal CIA flights operating through Portugal.
These allegations are undergoing a preliminary
investigation, but no legal case has yet been opened. The
issue will nonetheless remain front-page news for the
foreseeable future. Unless the government's consistent line
that it was unaware of any illegalities is disproved -- and
there is no indication evidence was presented that would do
so -- Ana Gomes' vague allegations of wrongdoing will remain
much ado about nothing. End summary.


2. (U) Allegations regarding illegal CIA flights have grabbed
headlines in Portugal for well over a year (Refs A-C).
Recent statements from the independent Public Ministry
(Attorney General,s Prosecutorial Service) ensure that it
will remain front-page news for the foreseeable future.
Foreign Minister Luis Amado and his predecessor have
consistently maintained, in public remarks and parliamentary
testimony, that the government is unaware of any
illegalities. Amado is scheduled to appear before the
National Assembly once again on February 16 to address the
issue.


3. (U) Crusading journalist Rui Costa Pinto and Member of the
European Parliament Ana Gomes each filed complaints with the
Public Ministry, which is the right of every Portuguese
citizen. The complaints reportedly include violations of
European and Portuguese human rights laws, Portuguese civil
aviation statutes, and civil code violations by public
figures that have not cooperated with investigative bodies.


4. (U) Costa Pinto and Gomes each recently met with Attorney
General Fernando Pinto Monteiro to submit documents regarding
alleged CIA flights through Portuguese airspace and bases.
Pinto Monteiro's office turned over the documents to the
Public Ministry's Central Investigation and Prosecution
Department (DCIAP) for review. On February 5, Deputy
Attorney General Maria Candida Almeida reportedly told the
state news agency that, "Before, we had not indications (of a
crime),but the complaints we have received show areas we
might explore."


5. (U) The Public Ministry is charged with investigating and,
if necessary, prosecuting any allegation of wrong-doing.
While most cases are referred by the Ministry of Justice or
the law enforcement agencies, any citizen has the right to
file a complaint. As a matter of policy, allegations are
referred to the DCIAP for an initial review. Should that
review result in a judgment that there are grounds for a full
investigation; such a recommendation is made to the Attorney
General's Office. If the Attorney General concurs, the
allegation is assigned to a prosecutor and registered in the
docket as a formal case.


6. (SBU) For a simple case, the prosecutor could begin
prosecution at that stage, but usually the DCIAP would then
conduct a full investigation under the general direction of
the prosecutor. If a strong case is developed, the
prosecutor would then bring the case to trial. The Costa
Pinto and Gomes complaints are currently in the DCIAP's
initial review phase, and no formal legal case has yet been
opened, according to legal analysts.

Comment
--------------

7. (SBU) FM Amado and his predecessor have been consistent in
their insistence that they were unaware of any illegalities
associated with the alleged passage of CIA flights through
Portuguese territory. Neither Gomes nor Costa Pinto have
presented evidence in public that would contradict the
statements of the Portuguese government officials. Rather,
their allegations have been vague, accusing the government of
being uncooperative with the European Parliament's
investigation, and declaring they had heard of "strange
things" occurring at Lajes Air Base in the Azores, such as
the transport of people in shackles. At this point, the
Public Ministry is adhering rigorously to its own processes
and is obligated to examine any allegations of wrongdoing
submitted to it. That said, unless the information shared
with prosecutors in private is significantly more substantial
than what the accusers have said publicly, it is hard to
believe this very preliminary stage will lead to criminal
charges. The simple reason is that we have seen no
indication anyone in the government has violated Portuguese
law.

LISBON 00000345 002 OF 002


Hoffman