JUSTICE MINISTER: RAPID RATIFICATION OF U.S./EU

C O N F I D E N T I A L SECTION 01 OF 02 ATHENS 000432

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/19/2033
TAGS: PGOV PREL CJAN CPAS ECON KIPR GR
SUBJECT: JUSTICE MINISTER: RAPID RATIFICATION OF U.S./EU
EXTRADITION AND MLA AGREEMENT - LESS SATISFACTION

REF: A. 07 STATE 21524

B. ATHENS 1843

Classified By: Ambassador Daniel V. Speckhard
for reasons 1.4 (b) and (d).

SUBJECT: Justice Minister: Rapid Ratification of U.S./EU
Extradition and MLA Agreement/Less Satisfaction on
Halagiannis Extradition

SUMMARY
--------------


1. (C) On March 7, Ambassador Speckhard met with Greek
Minister of Justice Hatzigakis to encourage rapid
ratification of the U.S./EU Extradition and Mutual Legal
Assistance Agreements before the June 2008 EU/U.S. Summit.
The Minister was optimistic they would be ratified by the
Greek Parliament by that time. The Ambassador also raised
the ongoing case of Amcit Angelo Haligiannis (ref A) who was
found not extraditable by Greek authorities (ref B) based
upon his Greek citizenship. The Ambassador asked that this
decision be reconsidered; the Minister responded that this
issue was a decision by prosecutors who do not answer to the
MOJ. The Ambassador raised intellectual property rights with
the Minister, asking for more active Greek actions. End
Summary.

U.S./EU EXTRADITION AND MLA AGREEMENTS
--------------


2. (C) On Friday, March 7, Ambassador Speckhard met with
Minister of Justice Sotirios Hatzigakis at the MOJ where
Ambassador raised the subject of the upcoming U.S./EU Summit
in June 2008. The Ambassador was accompanied by Legatt and
Poloff. The Ambassador noted that Greece was among the eight
EU members that had not yet ratified the U.S./EU Extradition
and Mutual Legal Assistance Agreements that had been
concluded under the Greek EU Presidency in 2003. The
Ambassador said the United States urged the Greek government
to conclude its ratification process prior to the U.S./EU
June Summit.


3. (C) Minister Hatzigakis was well versed in the issue and
assured the Ambassador that the two instruments would be
ratified by the Greek Parliament before the June Summit. He
stated that he had discussed the issue with EU Commissioner
Frattini the previous week and had told Frattini that Greece
would move forward with ratification "as soon as possible."
Hatzigakis told Ambassador that he had personally urged
members of the Athens ratification committee to finalize the
agreement soon. He added that the members assured him that
Greece was in the last stages of the process. Recognizing
that ratification is an "obligation of the GoG," Hatzigakis
insisted that the problem would soon be solved.

HALIGIANNIS EXTRADITION
--------------


4. (C) The Ambassador noted that neither Embassy Athens nor
the Justice Department had received any formal reply from the
Government of Greece to the Embassy's Diplomatic Note
requesting extradition of Angelo Haligiannis or the formal
extradition package submitted to Greece by the Department of
Justice. "We need answers to keep the process going," the
Ambassador said, adding that the Embassy is ready to seek
assistance from Greek legal counsel to challenge the decision
about Haligiannis not being extraditable. Reminding the MOJ
that Greece has no better friend than the Greek-American
community, Ambassador explained that there were a large
number of Greek-American victims who were left feeling "very
abused" by Haligiannis, crimes.


5. (C) Hatzigakis said the Greek system is unlike the
American system of criminal justice. "The prosecutors are
absolutely independent," Hatzigakis told the Ambassador, and
said that even though the prosecutor on Crete found that he
could not be extradited, Haligiannis could still be tried in
Greece for his crimes in the U.S. Ambassador asked (several
different ways) if there were an appeals process that would
permit an Embassy-hired attorney to seek an overruling of the
prosecutor's decision. The Ambassador explained that because
Haligiannis did not receive Greek citizenship until after the
commission of his crimes, we believed he was, therefore,
subject to extradition under article eight of the extradition
treaty in force between Greece and the U.S.


6. (C) Legatt also advised the Minister that the Embassy had
received no official response to the USG's request for
extradition and that we required a response to move forward.
An aide to the MOJ insisted that the response had been sent
in September. Legatt gently advised that the extradition

ATHENS 00000432 002 OF 002


package was not delivered until October. The same aide also
said that he was not sure if Haligiannis had broken any Greek
laws in entering Greece, in respothe
Ambassador. Amb!d that it would be
wo,s out of m9lnded
Hatzigakis, add
Intellectual Property Rights
--------------


7. (C) The Ambassador raised the continued difficulty of
getting convictions in Greece in intellectual property rights
(IPR) cases, noting that this would be a major factor in the
USG,s determination on whether to list Greece in the Special
301 report this year. He asked the Minister if he might be
able to use his good offices to find some way to help the
judiciary understand that IPR losses were a problem for the
Greek economy. Acknowledging the judiciary,s heightened
sensitivity about its own independence, the Ambassador said
the U.S would welcome Greek advice on how best to approach
the judiciary on the subject of U.S.-sponsored training. The
Minister responded that he had a very close personal
connection with many members of the judiciary and that he
frequently encountered them at social events. At such
occasions, he suggested that he could pass along his thoughts
) but added that they were under no obligation to accept his
advice. The MOJ seemed interested in the topic of
U.S.-provided training, but not overly so, and again deferred
saying that this was more in the bailiwick of the Ministry of
Foreign Affairs.


8. (C) At the conclusion of the meeting, the Minister asked
for the Ambassador,s assistance in arranging for a visit to
a prison or correctional center when he visits the United
States April 11 ) 18, 2008. Specifically, the Minister
requested an opportunity to learn more about innovative ways
that U.S. prisons deal with inmates' psychological issues.
"I'd like to see something new related to psychology and / or
narcotics ) something we can use in Greece," he concluded.


9. (C) BIO NOTE: Minister Hatzigakis is from one of Greece's
oldest political families ) with a family member
continuously in the Greek Parliament since 1891. He speaks
English at a fairly fluent level, although he occasionally
sought assistance from his aide. He has two sons studying in
the UK. His eldest son is finishing a degree in
International Economics and is intending to continue his
studies in the U.S., in either Boston or New York, with his
father,s strong approval. The younger son studies law in
England. He commented that he frequently works from 9:00
a.m. to 10:00 p.m. End note.

COMMENT
--------------


10. (C) Minister Hatzigakis was surprisingly uninformed on
the issues raised with the exception of the U.S./EU
Extradition Treaty. He seemed less than enthused with our
efforts to enlist his aid in getting the judiciary to accept
seminars or other training on IPR issues. He seemed
convinced that the Haligiannis case was over and done with as
far as extradition and did not seem to even fully understand
our question about appealing the prosecutor,s decision to a
higher authority. As for his assurances that the Extradition
treaty will be conclude before the June Summit, we believe
him to be sincere but note that the ball will be in the Greek
Parliament's court.
SPECKHARD