SPAIN: AL-KASSAR NEARING EXTRADITION TO U.S., BUT

C O N F I D E N T I A L MADRID 002251

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/13/2017
TAGS: PTER PGOV SP
SUBJECT: SPAIN: AL-KASSAR NEARING EXTRADITION TO U.S., BUT
HURDLES REMAIN

REF: MADRID 2041

Classified By: DCM Hugo Llorens for Reasons 1.4 (b) and (c)


1. (U) The Penal Section of the Spanish National Court
approved on December 13 the extradition of Syrian arms dealer
Monzer al-Kassar to the U.S. The decision of the panel was
11-1 in favor of extradition, with the lone dissension coming
from the head of the tribunal Judge Javier Gomez Bermudez.
The ruling also said that the extradition could go forward,
provided that Al-Kassar not face a death sentence in the U.S.
The Justice Ministry will now formally re-write the decision
to ready it for passage to the Council of Ministers for
approval, but it is not known if the Council will be ready to
review the case by the time of its next meeting on December

28.


2. (C) Comment: The judicial portion of the Al-Kassar case
has essentially been settled. Embassy Madrid's legal advisor
and DEA Country Attache met on December 14 with National
Court Chief Prosecutor Javier Zaragoza to examine any hurdles
that may remain in the way of Al-Kassar's imminent
extradition to the United States. Separately, the Ambassador
discussed the case on the same day with Spanish Judge
Baltasar Garzon, who has prosecuted Al-Kassar in the past and
is very familiar with the case. All agree that Al-Kassar can
and will move to file an appeal with the Constitutional
Court, alleging that his human rights have been and will
continue to be violated. Our contacts tell us that the
Constitutional Court will probably take some thirty days to
render its decision, but may or may not order a halt to the
extradition process while it deliberates the merits of
Al-Kassar's argument. We do not believe that the Council of
Ministers will make a political decision to overturn the
recently-completed judicial process, as there is high-level
GOS interest that Al-Kassar leave Spain as soon as possible.
However, the Spanish judiciary is fiercely independent, and
thus unpredictable. It is therefore desirable for us that
the Council of Ministers take up this case when they meet
again on December 28. Failing that, the next meeting is
scheduled for mid-January when the Spanish government returns
from the holidays. Our Country Team has reached out to
relevant contacts in the GOS to commend them on the work they
have done to get to this point, and to reiterate to them the
importance we place on having this dangerous and ruthless
individual transferred to U.S. custody. Post will report
further as events develop.
AGUIRRE