SPAIN: NATIONAL COURT VOTES IN FAVOR OF THE

C O N F I D E N T I A L SECTION 01 OF 02 MADRID 002041

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/25/2017
TAGS: CJAN CIVS KCRM PGOV PREL PTER SP
SUBJECT: SPAIN: NATIONAL COURT VOTES IN FAVOR OF THE
EXTRADITION OF SYRIAN ARMS DEALER MONZER AL-KASSAR

REF: SECSTATE 100867

MADRID 00002041 001.2 OF 002


Classified By: Ambassador Eduardo Aguirre for reasons 1.4 (B) and (D)


1. (C) On October 26, the Fourth Section of the Criminal
Division of the Spanish National Court made public its 2-1
vote to accept the extradition to the U.S. of Syrian arms
dealer Monzer al-Kassar. Judge Teresa Palacios presided over
the October 4 extradition hearing and voted against remanding
Al-Kassar to U.S. custody, while her two deputy Magistrates
voted in favor of the prosecution. We believe that al-Kassar
will now appeal and his case will go before a 12-member panel
that will decide whether to hear the appeal. If they choose
to take up the case, they will have two months to hand down a
decision. If Al-Kassar loses there, he can appeal to the
Constitutional Court claiming his civil rights have been
denied him. Al-Kassar's extradition is sought based on
REFTEL A request under an indictment filed by the U.S.
District Court for the Southern District of New York. That
indictment charges Al-Kassar with conspiracy to murder U.S.
nationals, conspiracy to kill U.S. officers and employees,
conspiracy to acquire and use a missile system designed to
destroy aircraft, and conspiracy to provide material
resources to the FARC. So far, Spanish cooperation in the
Ministries of Justice and Interior, as well as with the
prosecutor's office, has been exceptional. However,
Al-Kassar has the ample resources to hire a top notch legal
defense team, and is well connected in Spanish political and
law enforcement circles. He and his allies will use
everything in their power to avoid the extradition. For our
part, the Ambassador and members of the Country Team will
continue to work on a priority basis to ensure that Al-Kassar
is extradited and brought to justice in the United States.
Shortly after the verdict was announced, Ambassador Aguirre
released a statement thanking the National Court for
"striking a blow against international terrorism," and saying
that the verdict highlighted yet again that Spain and the
United States remain united in the fight against terrorism.

//BACKGROUND//


2. (C) Today's decision is the latest step in the legal
process that began on June 8 when Spanish police arrested
Al-Kassar as he passed through Madrid's Barajas Airport.
Previous to the arrest, the case had been worked by DEA
agents both in Madrid and Washington and by U.S. attorneys in
NYC. Ambassador Aguirre met with high-level Spanish
officials, including the Vice President and Minister of
Justice, to outline the charges against Al-Kassar and to
explain our request for his extradition. These officials
said that they were familiar with Al-Kassar's alleged
criminal past and that his extradition was a priority for the
GOS, but cautioned that we also needed to wait as the Spanish
judicial system ran its course. The case was complicated by
Al-Kassar pleading entrapment, and Spanish Judge Juan del
Olmo began an investigation of whether DEA agents played the
role of "agent provocateur" (as such law enforcement
operations are not allowed in Spain). DEA Madrid worked
closely with the office of the National Court Chief
Prosecutor throughout the investigation to furnish all
requested information. Assistant U.S. Attorneys (AUSAs) for
the Southern District of New York visited Madrid on 23-25
July to review the extradition case with the Spanish
prosecutors who would be arguing in favor of our request.
Although Spanish prosecutors indicated their positive
disposition towards USG arguments, Al-Kassar hired a strong
team of lawyers and has fought the extradition every step of
the way.

//THE HEARING//


3. (C) DEA Madrid officers and Embassy's Legal Advisor
attended the October 4 extradition hearing in Spain's
National Court. The hearing lasted over four hours and
featured passionate arguments from both the prosecution and
the defense. The defense predictably attacked DEA and
accused them of entrapment. The prosecution stressed that
Al-Kassar had been caught, not in a "provoked" offense, but
rather in a "detected" defense, and laid out the Syrian's
extensive history of alleged criminal activity. Al-Kassar's
lawyers said that if his client had committed any offenses,
then they had been committed in Spain and thus Spain was the
only country that could possibly have jurisdiction. At the
end of the hearing, Al-Kassar's lawyers were practically

MADRID 00002041 002.2 OF 002


pleading that their client be tried in Spain, and Judge
Palacios ended the proceedings by saying that the decision
would be handed down towards the end of October. Post will
report further developments as Al-Kassar's appeal moves
forward.

//COMMENT//


4. (C) So far, we have enjoyed excellent cooperation from
GOS authorities on this case. The Ambassador, DCM and
members of the Country Team have had ready access to the
relevant officials and have been able to discuss the issues
freely with them. Nevertheless, this case is not closed.
Al-Kassar is a cunning and dangerous individual with ample
resources. He has an able and aggressive defense team. They
will appeal every aspect of this case to any court which will
hear them, and will probably continue trying to use the press
to paint Al-Kassar as a victim of the U.S. In addition to
whatever legitimate recourse he may have, Al-Kassar will also
undoubtedly use any underhanded means at his disposal. In
short, while today's court decision is a welcome victory,
there will be a number of legal battles to come in this
high-profile case. For our part, the Ambassador and members
of the Country Team will continue to work on a priority basis
to ensure that Al-Kassar is extradited and brought to justice
in the United States.
AGUIRRE