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