STATUS OF RATIFICATION OF EXTRADITION AND MLAT TREATIES:

UNCLAS THE HAGUE 002095

SIPDIS

SIPDIS

SENSITIVE

DEPT FOR L/LEI, EUR/WE, EUR/PGI
JUSTICE FOR OIA

E.O. 12958: N/A
TAGS: CJAN KCRM KJUS PREL PGOV EUN NL
SUBJECT: STATUS OF RATIFICATION OF EXTRADITION AND MLAT TREATIES:
NETHERLANDS

REF: STATE 163864

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1. (SBU) SUMMARY. The Dutch ratification package for the U.S.-EU
extradition and Mutual Legal Assistance (MLAT) Treaties, including
the bilateral implementing agreements, has not yet been submitted to
Parliament for approval. The package has been approved by the
Cabinet and is currently with the Council of State for review prior
to submission to Parliament. The Ministry of Justice official
responsible for implementation of the treaties has told us
repeatedly that it is impossible to predict how quickly Parliament
will act on the package. End Summary.


2. (SBU) According to the Justice Ministry's website, the U.S.-EU
Extradition and MLAT Treaty ratification package is before the
Council of State, the Netherland's highest administrative body,
which reviews all legislation before it is submitted to Parliament.
Marjorie Bonn, the Justice Ministry Legislative Affairs Department
Senior Policy Advisor responsible for the ratification package,
confirmed during a December 3 conversation with Global Specialist
that the Council of State was still reviewing the package. She
predicted, as she has in previous discussions with Emboffs, that the
ratification debate in Parliament will be thorough and potentially
contentious. She attributed this to Parliamentary concern about
extraditions to the United States, in particular in cases which may
be related to terrorism.


3. (SBU) Progress on the ratification of the U.S-EU treaties was
discussed during the October 25-26 bilateral law enforcement
consultations. Bonn explained that once the ratification package is
submitted to Parliament, a "written procedure" would be followed,
under which Parliamentarians would submit questions and requests for
clarification in writing to the Ministry, and receive written
responses. She said that, based on past experience of the level of
Parliamentary and public, she anticipated a substantial number of
questions on the treaties. She said a public debate could follow
the written questions and responses. Bonn added that Parliament
would be interested, among other issues, in knowing the status of
ratification in the U.S Senate.


4. (SBU) Bonn resisted the U.S. proposal to include language in the
agreed conclusions of the consultations stating that the two sides
agreed to "work to secure expeditious ratification and
implementation" of the U.S.-EU treaties by their respective
legislatures. There was no way to "speed up" the ratification
process, she said, and it would be inappropriate for the Justice
Ministry to appear to tell Parliament how it should proceed on the
ratification. The delegations agreed on compromise language that
the two sides would keep each other "informed" of the ratification
process on each side.


5. (SBU) Comment. It is not unusual for legislation to progress
slowly from the government through the Parliament in the
Netherlands. It is difficult to tell whether the slow progress on
ratification of the U.S.-EU extradition and MLAT treaties is due
simply to the normal deliberative pace of the Dutch legislative
process, or whether there is, in fact, likely to be significant
resistance in Parliament to expeditious ratification, and the
Justice Ministry is attempting to shore up the justification for
ratification before submitting the package to Parliament for
ratification.

SCHOFER