Identifier
Created
Classification
Origin
08MADRID504
2008-05-09 08:52:00
CONFIDENTIAL
Embassy Madrid
Cable title:
SPAIN/RWANDA - PROSECUTOR DOWNPLAYS INDICTMENTS
how-toVZCZCXRO9319 PP RUEHBW RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR DE RUEHMD #0504 1300852 ZNY CCCCC ZZH P 090852Z MAY 08 FM AMEMBASSY MADRID TO RUEHC/SECSTATE WASHDC PRIORITY 4725 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE RUEHLGB/AMEMBASSY KIGALI 0036 RUEHJB/AMEMBASSY BUJUMBURA 0009 RUEHYD/AMEMBASSY YAOUNDE 0046 RUEHNR/AMEMBASSY NAIROBI 0097 RUEHDS/AMEMBASSY ADDIS ABABA 0246 RUEHFR/AMEMBASSY PARIS 1492 RUEHTC/AMEMBASSY THE HAGUE 7315 RUEHDR/AMEMBASSY DAR ES SALAAM 0125 RUEHKI/AMEMBASSY KINSHASA 0035 RUEHLA/AMCONSUL BARCELONA 3414 RUEHRN/USMISSION UN ROME 0010 RUEHGV/USMISSION GENEVA 0883 RUCNDT/USMISSION USUN NEW YORK 0435 RUEHUNV/USMISSION UNVIE VIENNA 0083
C O N F I D E N T I A L MADRID 000504
SIPDIS
S/WCI FOR MATTHEW LAVINE
AF/C FOR FOX, CASEY
L/LEI FOR BUCHHOLZ, PROPP, JOHNSON
L-EUR FOR PETER OLSON, KAREN JOHNSON
L-AN FOR ONA HAHS
KIGALI FOR KAMINSKI
THE HAGUE FOR SCHILDGE
PARIS FOR KANEDA
E.O. 12958: DECL: 05/09/2018
TAGS: PREL PHUM MASS KLIG KAWC OFDP RW SP
SUBJECT: SPAIN/RWANDA - PROSECUTOR DOWNPLAYS INDICTMENTS
REF: A. KIGALI 292
B. MADRID 409 AND PREVIOUS
Classified By: Charge d'Affaires a.i. Hugo Llorens for reasons 1.4 (b)
and (d)
C O N F I D E N T I A L MADRID 000504
SIPDIS
S/WCI FOR MATTHEW LAVINE
AF/C FOR FOX, CASEY
L/LEI FOR BUCHHOLZ, PROPP, JOHNSON
L-EUR FOR PETER OLSON, KAREN JOHNSON
L-AN FOR ONA HAHS
KIGALI FOR KAMINSKI
THE HAGUE FOR SCHILDGE
PARIS FOR KANEDA
E.O. 12958: DECL: 05/09/2018
TAGS: PREL PHUM MASS KLIG KAWC OFDP RW SP
SUBJECT: SPAIN/RWANDA - PROSECUTOR DOWNPLAYS INDICTMENTS
REF: A. KIGALI 292
B. MADRID 409 AND PREVIOUS
Classified By: Charge d'Affaires a.i. Hugo Llorens for reasons 1.4 (b)
and (d)
1. (C) Post's Consular Legal Advisor (LES) met informally
with Spanish National Prosecutor Blanca Rodriguez on May 5 to
discuss the ongoing Spanish prosecution of 40 Rwandan
military officials (reftels). According to Rodriguez (please
protect),the judiciary undertook the investigation and
subsequent indictments to satisfy the family members of the
victims. Rodriguez said the prosecutor's office does not
wish to pursue the case further, and she specifically said
that they do not intend to seek extradition of the indicted
individuals. Rodriguez confirmed that the National Court
requested the diffusion of Interpol Red Notices, but,
according to LES, the prosecutor said, "We do not plan to go
further." Rodriguez provided LES with a copy of the
investigating magistrate's report to the Court, filed on
January 17, 2008. Rodriguez confirmed that if Red Notices
were eventually diffused, they would trigger automatic
detention and notification within Schengen, but actual
extradition would require issuance of a European Arrest Order.
2. (C) COMMENT: The long-sought meeting with the prosecutor
yielded the encouraging news that the indictments may simply
wither on the vine. However, we wish to reiterate that the
Spanish judicial system is highly unpredictable; today's lack
of interest could be tomorrow's headline, depending on the
actions of the NGO's and victims behind the suit. LES came
away with the impression that even the prosecution lacked
enthusiasm for the case, but that it was undertaken based on
the desire to provide judicial process for the victims, who
had made the argument that if the Spanish judiciary could
seek justice for Chilean victims (Pinochet) et al, then why
not Spain's own victims of genocide. LES also suggested to
Rodriguez that the indictment only told the genocide story
from the Hutu perspective, and Rodriguez confessed a lack of
deep knowledge of the events. LES had the impression that
Rodriguez, who does not speak English, might welcome the
opportunity to consult discreetly with an international
expert. END COMMENT.
Llorens
SIPDIS
S/WCI FOR MATTHEW LAVINE
AF/C FOR FOX, CASEY
L/LEI FOR BUCHHOLZ, PROPP, JOHNSON
L-EUR FOR PETER OLSON, KAREN JOHNSON
L-AN FOR ONA HAHS
KIGALI FOR KAMINSKI
THE HAGUE FOR SCHILDGE
PARIS FOR KANEDA
E.O. 12958: DECL: 05/09/2018
TAGS: PREL PHUM MASS KLIG KAWC OFDP RW SP
SUBJECT: SPAIN/RWANDA - PROSECUTOR DOWNPLAYS INDICTMENTS
REF: A. KIGALI 292
B. MADRID 409 AND PREVIOUS
Classified By: Charge d'Affaires a.i. Hugo Llorens for reasons 1.4 (b)
and (d)
1. (C) Post's Consular Legal Advisor (LES) met informally
with Spanish National Prosecutor Blanca Rodriguez on May 5 to
discuss the ongoing Spanish prosecution of 40 Rwandan
military officials (reftels). According to Rodriguez (please
protect),the judiciary undertook the investigation and
subsequent indictments to satisfy the family members of the
victims. Rodriguez said the prosecutor's office does not
wish to pursue the case further, and she specifically said
that they do not intend to seek extradition of the indicted
individuals. Rodriguez confirmed that the National Court
requested the diffusion of Interpol Red Notices, but,
according to LES, the prosecutor said, "We do not plan to go
further." Rodriguez provided LES with a copy of the
investigating magistrate's report to the Court, filed on
January 17, 2008. Rodriguez confirmed that if Red Notices
were eventually diffused, they would trigger automatic
detention and notification within Schengen, but actual
extradition would require issuance of a European Arrest Order.
2. (C) COMMENT: The long-sought meeting with the prosecutor
yielded the encouraging news that the indictments may simply
wither on the vine. However, we wish to reiterate that the
Spanish judicial system is highly unpredictable; today's lack
of interest could be tomorrow's headline, depending on the
actions of the NGO's and victims behind the suit. LES came
away with the impression that even the prosecution lacked
enthusiasm for the case, but that it was undertaken based on
the desire to provide judicial process for the victims, who
had made the argument that if the Spanish judiciary could
seek justice for Chilean victims (Pinochet) et al, then why
not Spain's own victims of genocide. LES also suggested to
Rodriguez that the indictment only told the genocide story
from the Hutu perspective, and Rodriguez confessed a lack of
deep knowledge of the events. LES had the impression that
Rodriguez, who does not speak English, might welcome the
opportunity to consult discreetly with an international
expert. END COMMENT.
Llorens