Identifier
Created
Classification
Origin
08MADRID313
2008-03-13 16:50:00
CONFIDENTIAL
Embassy Madrid
how-toVZCZCXRO4213 PP RUEHLA RUEHRN DE RUEHMD #0313 0731650 ZNY CCCCC ZZH P 131650Z MAR 08 FM AMEMBASSY MADRID TO RUEHC/SECSTATE WASHDC PRIORITY 4481 INFO RUEHFR/AMEMBASSY PARIS PRIORITY 1479 RUEHLGB/AMEMBASSY KIGALI PRIORITY 0031 RUEHLO/AMEMBASSY LONDON PRIORITY 1037 RUEHKI/AMEMBASSY KINSHASA PRIORITY 0030 RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 0120 RUEHJB/AMEMBASSY BUJUMBURA PRIORITY 0004 RUEHLA/AMCONSUL BARCELONA PRIORITY 3363 RUEHGV/USMISSION GENEVA PRIORITY 0878 RUEHRN/USMISSION UN ROME PRIORITY 0005 RUEHUNV/USMISSION UNVIE VIENNA PRIORITY 0078 RUCNDT/USMISSION USUN NEW YORK PRIORITY 0421
C O N F I D E N T I A L MADRID 000313
SIPDIS
SIPDIS
AF/C FOR MARLAINA CASEY
L/LEI FOR BUCHHOLZ
L-AN FOR ONA HAHS
KIGALI FOR KAMINSKI
E.O. 12958: DECL: 03/13/2018
TAGS: PREL PHUM SP
SUBJECT: RWANDAN INDICTMENTS UPDATE
REF: A. SAMSON-CASEY E-MAIL 12 MARCH AND PREVIOUS
B. MADRID 201
C. KIGALI 107
D. MADRID 007
E. MADRID 312
Classified By: DCM Hugo Llorens for reasons 1.4 (b) and (d)
C O N F I D E N T I A L MADRID 000313
SIPDIS
SIPDIS
AF/C FOR MARLAINA CASEY
L/LEI FOR BUCHHOLZ
L-AN FOR ONA HAHS
KIGALI FOR KAMINSKI
E.O. 12958: DECL: 03/13/2018
TAGS: PREL PHUM SP
SUBJECT: RWANDAN INDICTMENTS UPDATE
REF: A. SAMSON-CASEY E-MAIL 12 MARCH AND PREVIOUS
B. MADRID 201
C. KIGALI 107
D. MADRID 007
E. MADRID 312
Classified By: DCM Hugo Llorens for reasons 1.4 (b) and (d)
1. (C) Post urges extreme caution in allowing Rwandan
military personnel indicted by the Spanish judiciary to
travel to the U.S. for government-sponsored training. We
cannot predict how the Spanish judiciary or government may
respond should it become known that an individual wanted in
connection with the torture and murder of four Spanish
citizens is attending a U.S. military conference at USG
expense.
2. (C) Per ref. B, post has made inquiries regarding the
likelihood and timing of a Spanish request for Interpol red
notices for the 40 individuals indicted by Spanish judge
Fernando Andreu on February 6. An MFA contact said February
22 that he understood a request for Interpol red notices
would be forthcoming. However, these inquiries were solely
in the context of the possible impact on the Rwandan military
attache currently accredited in the United States and did not
contemplate active mil-mil cooperation with indicted
individuals. Of course, if there is a compelling reason for
allowing indicted Rwandan military personnel to the travel to
the U.S., we could try to explain that to the Spanish and ask
their forbearance.
3. (C) Post cannot evaluate the validity of the case and
defers to the analysis by Embassy Kigali (ref. C). Spanish
MFA contacts have said privately that this is an example of
Spanish judges using their judicial independence to pursue a
political agenda, similar to previous indictments of Augusto
Pinochet and Donald Rumsfeld. However, because specific
individuals are indicted in connection with the deaths of
Spanish citizens, we should expect that the Spanish
government will proceed diligently should the judiciary seek
an extradition. It is highly probable that such a
controversial subject would land in the media.
4. (C) LEGATT confirmed that a bilateral extradition could
take over a year to complete. However, the Spanish judiciary
could, if so inclined, process and deliver a provisional
arrest request in keeping with the U.S.-Spain MLAT in the
span of a day. While such a request might not compel an
arrest inside the U.S., the genie would be out of the bottle,
so to speak. USG failure to comply with such a request could
have serious public relations implications for the U.S. in
Spain, if not elsewhere.
5. (C) We have one other, very specific concern. Post is
currently placing maximum pressure on the GOS to approve the
U.S. extradition request for the notorious Syrian arms dealer
Monzer Al-Kassar (ref D,E). A dust-up with Spain over the
extradition of someone accused of genocide and complicity in
the deaths of Spanish citizens would only make it more
difficult for the Spanish government to approve Al-Kassar's
extradition.
AGUIRRE
SIPDIS
SIPDIS
AF/C FOR MARLAINA CASEY
L/LEI FOR BUCHHOLZ
L-AN FOR ONA HAHS
KIGALI FOR KAMINSKI
E.O. 12958: DECL: 03/13/2018
TAGS: PREL PHUM SP
SUBJECT: RWANDAN INDICTMENTS UPDATE
REF: A. SAMSON-CASEY E-MAIL 12 MARCH AND PREVIOUS
B. MADRID 201
C. KIGALI 107
D. MADRID 007
E. MADRID 312
Classified By: DCM Hugo Llorens for reasons 1.4 (b) and (d)
1. (C) Post urges extreme caution in allowing Rwandan
military personnel indicted by the Spanish judiciary to
travel to the U.S. for government-sponsored training. We
cannot predict how the Spanish judiciary or government may
respond should it become known that an individual wanted in
connection with the torture and murder of four Spanish
citizens is attending a U.S. military conference at USG
expense.
2. (C) Per ref. B, post has made inquiries regarding the
likelihood and timing of a Spanish request for Interpol red
notices for the 40 individuals indicted by Spanish judge
Fernando Andreu on February 6. An MFA contact said February
22 that he understood a request for Interpol red notices
would be forthcoming. However, these inquiries were solely
in the context of the possible impact on the Rwandan military
attache currently accredited in the United States and did not
contemplate active mil-mil cooperation with indicted
individuals. Of course, if there is a compelling reason for
allowing indicted Rwandan military personnel to the travel to
the U.S., we could try to explain that to the Spanish and ask
their forbearance.
3. (C) Post cannot evaluate the validity of the case and
defers to the analysis by Embassy Kigali (ref. C). Spanish
MFA contacts have said privately that this is an example of
Spanish judges using their judicial independence to pursue a
political agenda, similar to previous indictments of Augusto
Pinochet and Donald Rumsfeld. However, because specific
individuals are indicted in connection with the deaths of
Spanish citizens, we should expect that the Spanish
government will proceed diligently should the judiciary seek
an extradition. It is highly probable that such a
controversial subject would land in the media.
4. (C) LEGATT confirmed that a bilateral extradition could
take over a year to complete. However, the Spanish judiciary
could, if so inclined, process and deliver a provisional
arrest request in keeping with the U.S.-Spain MLAT in the
span of a day. While such a request might not compel an
arrest inside the U.S., the genie would be out of the bottle,
so to speak. USG failure to comply with such a request could
have serious public relations implications for the U.S. in
Spain, if not elsewhere.
5. (C) We have one other, very specific concern. Post is
currently placing maximum pressure on the GOS to approve the
U.S. extradition request for the notorious Syrian arms dealer
Monzer Al-Kassar (ref D,E). A dust-up with Spain over the
extradition of someone accused of genocide and complicity in
the deaths of Spanish citizens would only make it more
difficult for the Spanish government to approve Al-Kassar's
extradition.
AGUIRRE