Identifier
Created
Classification
Origin
07MADRID910
2007-05-14 15:51:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Madrid
Cable title:
SPAIN/COUSO CASE: PROSECUTOR APPEALS CHARGES
how-toVZCZCXRO4569 PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV DE RUEHMD #0910 1341551 ZNR UUUUU ZZH P 141551Z MAY 07 FM AMEMBASSY MADRID TO RUEHC/SECSTATE WASHDC PRIORITY 2513 INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0166 RUEHLA/AMCONSUL BARCELONA PRIORITY 2698 RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY RUEKJCS/JOINT STAFF WASHDC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY RUCNFB/FBI WASHDC PRIORITY
UNCLAS MADRID 000910
SIPDIS
SIPDIS
SENSITIVE
EUR/WE FOR ALLEGRONE, CLEMENTS, AND CERVETTI
L/LEI FOR PROPP, KULISH, AND JOHNSON
E.O. 12958: N/A
TAGS: PREL PGOV MARR SP
SUBJECT: SPAIN/COUSO CASE: PROSECUTOR APPEALS CHARGES
AGAINST US SERVICEMEN
REF: A. MADRID 899
B. MADRID 800 AND OTHERS
(SBU) National Court Chief Prosecutor Javier Zaragoza
contacted the DCM on May 14 to report that on May 11 he had
appealed the decision by National Court Magistrate Santiago
Pedraz to file formal charges against the three US servicemen
named in the case filed by relatives of Spanish cameraman
Jose Couso (reftels). This case now proceeds to the appeals
body within the National Court ("Sala de lo Penal de la
Audiencia Nacional"). This is the same appeals tribunal that
dismissed the Couso case in 2006 on the grounds that Spain
did not have jurisdiction to try the case. The Supreme Court
overturned the decision of the National Court and ruled that
Spain did have jurisdiction, but did not rule on the
substance of the Couso case. Zaragoza told the DCM that,
while he was sympathetic towards the Couso family and there
was strong political pressure related to the Couso legal
case, his job was to make a technical/legal evaluation.
Zaragoza said that his review of the facts led him to
conclude that the killing of Jose Couso by the US servicemen
was not intentional, therefore the servicemen could not be
charged with war crimes or murder. Post will seek a copy of
Zaragoza's appeal to share with the Department.
Aguirre
SIPDIS
SIPDIS
SENSITIVE
EUR/WE FOR ALLEGRONE, CLEMENTS, AND CERVETTI
L/LEI FOR PROPP, KULISH, AND JOHNSON
E.O. 12958: N/A
TAGS: PREL PGOV MARR SP
SUBJECT: SPAIN/COUSO CASE: PROSECUTOR APPEALS CHARGES
AGAINST US SERVICEMEN
REF: A. MADRID 899
B. MADRID 800 AND OTHERS
(SBU) National Court Chief Prosecutor Javier Zaragoza
contacted the DCM on May 14 to report that on May 11 he had
appealed the decision by National Court Magistrate Santiago
Pedraz to file formal charges against the three US servicemen
named in the case filed by relatives of Spanish cameraman
Jose Couso (reftels). This case now proceeds to the appeals
body within the National Court ("Sala de lo Penal de la
Audiencia Nacional"). This is the same appeals tribunal that
dismissed the Couso case in 2006 on the grounds that Spain
did not have jurisdiction to try the case. The Supreme Court
overturned the decision of the National Court and ruled that
Spain did have jurisdiction, but did not rule on the
substance of the Couso case. Zaragoza told the DCM that,
while he was sympathetic towards the Couso family and there
was strong political pressure related to the Couso legal
case, his job was to make a technical/legal evaluation.
Zaragoza said that his review of the facts led him to
conclude that the killing of Jose Couso by the US servicemen
was not intentional, therefore the servicemen could not be
charged with war crimes or murder. Post will seek a copy of
Zaragoza's appeal to share with the Department.
Aguirre