SPAIN/COUSO CASE: PROSECUTOR APPEALS CHARGES

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