VZCZCXYZ0000
OO RUEHWEB

DE RUEHBS #4187/01 3541518
ZNR UUUUU ZZH
O 201518Z DEC 06
FM AMEMBASSY BRUSSELS
TO SECSTATE WASHDC IMMEDIATE 3906

UNCLAS BRUSSELS 004187 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR S/CT RHONDA SHORE AND FOR NCTC 
 
E.O. 12958: N/A 
TAGS: ASEC EFIN PTER BE
SUBJECT: BELGIUM: 2006 COUNTRY REPORTS ON TERRORISM 
 
REF: STATE 175925 
 
¶1.  (U) Post submits the following update on Belgium for the 
Department,s 2006 Patterns of Global Terrorism report 
(reftel). 
 
¶2.  (U) Patterns of Global Terrorism ) Belgium Update for 
2006: 
 
------------------ 
General Assessment 
------------------ 
 
¶3.  (U) The Belgian government continues to participate in 
the global war on terrorism and cooperate with its European 
neighbors and the United States on multiple levels.  Belgium 
remains active in sharing information with the United States 
regarding terrorist threats to U.S. interests or persons. 
Belgium's overall awareness of the terrorism threat, both 
globally and within its own borders, continued to increase in 
2006, both within the government and the general public. 
While the London bombings, the foiled attack in Germany, and 
the arrests of extremists elsewhere in Europe are largely 
responsible for this shift toward greater vigilance, local 
threats to Belgian security also have played an important 
role.  Consequently, the strengthened Belgian response to the 
terrorism threat has taken several forms, including enhanced 
enforcement of existing laws, improved internal coordination 
among antiterrorism offices, and the passage of legislation 
authorizing a more aggressive approach to antiterrorism 
operations. 
 
¶4.  (U) The Belgian judicial system effectively applied the 
rule of law to terrorism conspirators in 2006.  In February 
2006, a Belgian court convicted members of the Moroccan 
Islamic Combatant Group (GICM) of belonging to a terrorist 
group linked to attacks in Madrid and Casablanca and 
providing logistical and financial support to the group.  The 
defendants were not charged with committing or plotting a 
specific terrorist act in Belgium.  Under the antiterrorism 
law, prosecutors focused on the material support the suspects 
provided to terrorists, including lodging and false 
documents.  Three of the ten defendants were sentenced to 
terms of five to seven years, while the remainder received 
three to five year sentences under Belgium's 2003 
antiterrorism law, which criminalizes membership in a 
terrorist group, as well as broadens the definition of 
terrorist acts.  In September 2006 a Belgian appeals court 
upheld the convictions of five GICM members, imposing 
sentences ranging from forty months to eight years. 
 
¶5.  (U) In another case this year, also under the 2003 
antiterrorism law, members of the Revolutionary People's 
Liberation Front (DHKP-C) were convicted for membership in a 
terror organization and for providing material support to a 
terrorist group.  The Belgian Court of Appeals upheld the 
DHKP-C convictions in November.  (Fehriye Erdal, the most 
celebrated defendant, disappeared from Belgium just as the 
original verdict was announced, before she could be taken 
into custody.)  Belgian authorities also arrested in 
September seventeen members of a loosely-organized far right 
group with links to neo-Nazi groups, allegedly planning 
attacks to disrupt Belgian democratic institutions. 
 
¶6.  (U) Belgian authorities cite the 2003 antiterrorism law 
as an effective means to move against suspected terrorists 
before they can act and to go after supporters of terrorism. 
In upholding the convictions of the GICM and DHKP-C 
appellants under the law, Belgian federal authorities believe 
a positive signal is being sent in support of tougher 
antiterrorism monitoring and enforcement efforts.  Federal 
authorities plan to review the ruling of the appeals courts 
to gauge what acts and groups can be prosecuted successfully 
under the 2003 legislation and what types of sentences can be 
imposed.  The Belgians also point to recently enacted 
legislation that loosens restrictions on police surveillance 
of alleged extremists as facilitating action against 
suspected terrorists.  In addition, legislation passed in 
late December 2005 clarifies procedures for authorizing 
searches, wiretaps, and use of informants and gives some 
broader authority to investigative judges to authorize 
wiretaps and searches. 
 
¶7.  (U) Belgian authorities have moved to strengthen their 
internal capabilities to combat terrorism as well.  In late 
2004, the government promulgated a royal decree establishing 
OCAM/CODA, the "Coordinating Body for Analyzing Threats."  As 
fashioned, the new agency would come under the joint 
authority of the Justice and Interior Ministers and include 
representatives from the external and internal services, the 
Federal Police, Customs, and the Ministries of Transport, 
Finance, and Foreign Affairs.  OCAM has two main goals: 1) 
the exchange of information among all governmental bodies 
involved in the fight against terrorism and other threats, 
and 2) to make a common threat analysis on the basis of such 
information exchanges.  Authorities had hoped to make OCAM 
fully operational in 2006 (by law, it became operational on 
December 1, 2006), but the start up is running behind 
schedule, with budget and personnel issues still being ironed 
out. 
 
¶8.  (U) Additional measures in 2006 resulted from Belgium's 
review of its counterterrorism capabilities.  The Justice 
Ministry increased the number of investigative judges 
specializing in terrorism issues, appointing more expert 
judges in Brussels, Antwerp, Ghent, Mons, and Liege.  Belgium 
is also considering creating a national list of terrorist 
entities, separate from UN and EU lists, possibly by the end 
of 2006.  This list, to be coordinated by OCAM/CODA, would 
include financiers and suspected financiers of terrorism. 
The GOB would use this information to develop and apply a 
national capacity to freeze assets (in addition to UN and EU 
mandated asset freezes that Belgium already implements).  In 
addition, new legislation broadened the definition of "bank 
account" to include insurance, stocks or other securities, 
and other financial instruments, for the purpose of 
investigating financial crimes, including the financing of 
terrorism.  Certain surveillance and listening techniques 
were also expanded and more flexibility was established in 
the use of informants. 
 
¶9.  (U) Although response to a major terrorist incident is 
untested, Belgium's small but effective police force and 
civil defense organization should be capable of responding to 
the most likely threats.  On a local level, authorities have 
instituted drills of rapid alert systems, and reviewed civil 
protection and medical assistance procedures, and critical 
infrastructure support.  Federal and local authorities 
participated in a EUCOM WMD Consequence Management exercise 
in 2006, further streamlining U.S.-Belgian cooperation in 
this area.  Police and private sector working groups have 
also been formed to target terrorists, the financing of 
terrorism, and terrorists' use of the internet. 
 
¶10.  (U) Belgium continued to participate in the Global War 
on Terror.  Belgium's greatest contribution in military terms 
is to the International Security Assistance Force (ISAF) in 
Afghanistan, with a troop presence of 340 in 2006, which it 
intends to maintain but not increase.  Belgium has 
contributed approximately $33 million towards Afghan 
reconstruction and has promised to boost its support for 
reconstruction and development, totaling 30 million euros, to 
be disbursed over the next four years.  Belgium plans to 
expand its technical assistance efforts in Iraq and has begun 
implementing debt forgiveness within the framework of Paris 
Club agreements.  It expanded its participation in the Jordan 
International Police Training Center in Amman, increasing 
from two to four the number of Belgian police officers at the 
facility.  Other programs included training for Iraqi 
diplomats and magistrates in Belgium and training for Iraqi 
servicemen in Abu Dhabi, in cooperation with Germany.  In 
addition, the Belgian government is exploring ways to 
possibly offer expertise on constitutional issues. 
 
--------------------------------------------- ---------- 
Sanctuary (Safe havens) Assessment and Terrorist Groups 
--------------------------------------------- ---------- 
 
¶11.  (U) Some observers point to recent arrests and trials of 
terror suspects as an indication that Belgium may serve as a 
support center for terrorists in Europe, with certain groups 
using Belgium as a platform for recruiting new members and 
freely engaging n "political speech."  But, Belgium does not 
qualify as a significant sanctuary nor safe haven for 
terrorist groups.  Belgium's antiterrorism units operate in 
an environment where security concerns are balanced against 
strong public civil liberty concerns.  However, continuing a 
trend over the past couple of years, Belgian authorities are 
responding more aggressively to activities inside their 
borders through investigations, raids, arrests, and use of 
antiterrorism legislation.  Prosecutors have sought lengthier 
sentences in appeals of cases brought under the 2003 
antiterrorism law.  Further, recent legislation to expand 
certain surveillance and listening techniques and provide 
more flexibility in using informants aims to bolster 
investigation and enforcement efforts.  At the same time, 
provisions for privacy protection are included. 
 
¶12.  (SBU) Cooperation with the United States has continued 
to improve under the efforts of Belgian Interior Minister 
Dewael and Justice Minister Onkelinx, with ongoing exchanges 
and dialogue.  Belgian authorities, however, stress the need 
for more information sharing by the U.S. in order to move 
legally against suspected terrorists.  Of particular concern 
is the limited ability of Belgians to introduce as evidence 
into Belgian courts intelligence information given by other 
countries.  In general, the threshold of evidence for 
establishing a criminal case is higher in Belgium (and other 
EU countries) than in the U.S. 
 
¶13.  (SBU) Belgian authorities remain concerned about 
potential terror activities involving groups from Algeria and 
North Africa, and have investigated groups such as the GICM, 
the DHKP-C, and a far right group with links to neo-Nazi 
groups.  The People's Congress of Kurdistan is a known 
presence, having two television production studios in 
Belgium. 
 
------------------------------ 
Foreign Government Cooperation 
------------------------------ 
 
¶14.  (U) Belgium and the United States cooperate under 
updated bilateral Extradition and Mutual Legal Assistance 
Treaties signed in December 2004.  Belgium has signed all 12 
UN conventions and protocols relating to terrorism, with 
eleven ratified.   The last outstanding Convention to be 
ratified is the Convention on Plastic Explosives, a so-called 
"mixed treaty" that requires both regional and federal 
parliamentary approval.  To date, the Federal, Flemish, and 
Brussels Parliaments have completed their approval 
procedures, leaving only the parliamentary approval of 
French-speaking Wallonia still pending.  Belgium is in the 
process of modifying its legislation regarding its 
reservation to Article 14 of the 1999 International 
Convention for the Suppression and Financing of Terrorism. 
The Ministry of Justice decided in the fall of 2005 to 
retract the clause related to Belgium's refusal to grant 
extradition if requested "solely for political reasons," 
prompted by repeated demarches from the United States and 
other governments.  The change in Belgian legislation 
removing the reservation is expected to be approved some time 
in early 2007. 
 
¶15.  (U) Terrorist attacks in Europe have intensified 
Belgium's continuing effort to improve cooperation with 
foreign agencies.  Belgian police continue to work directly 
with police in the region and with authorities in more 
distant countries.  In addition to long-standing arrangements 
with police in Germany, France, and the Benelux partners, 
Belgium has cooperation agreements with Spain, Italy, and the 
UK. 
 
¶16.  (U) Belgium continued to take action in response to EU 
and UN Security Council actions to freeze suspected terrorist 
assets.  In Belgium, there are three ways to freeze assets. 
First, the Ministry of Finance can administratively freeze 
assets when an individual or an organization appears on the 
UN Consolidated List pursuant to Security Council Resolutions 
1267 or 1363 and/or is covered by an EU asset freeze 
regulation.  If an entity appears on a UN list, but not on 
the EU's list, then the GOB can pass a ministerial decree to 
freeze the assets in order to comply with the UN list. 
Assets of entities appearing on the EU list are automatically 
frozen, without additional legislative or executive 
procedures.  Second, Belgium's Financial Intelligence Unit, 
CTIF/CFI, can freeze assets on a case-by-case basis, if there 
is sufficient evidence of money laundering to warrant the 
freeze.  Third, the Ministry of Justice can freeze assets in 
Belgium under legislation passed by the Belgian Parliament in 
¶2003.  The burden of proof on judges is relatively high.  In 
order to constitute a criminal offense, authorities must 
demonstrate that the support was given "with the knowledge 
that it would contribute to the commission of a crime by the 
terrorist group."  Further, Belgian law does not yet 
establish a national capacity for designating foreign 
terrorist organizations (see paragraph 8).  Belgian 
authorities must, therefore, demonstrate in each case that 
the group that was lent support actually constitutes a 
terrorist group. 
 
¶17.  (U) The Belgian Government continues to study steps to 
improve its ability to combat and control terrorist 
financing.  These include disrupting the possibility for 
untraced money flows through phone shops and other 
alternative remittance systems, VAT refund carousels, 
laundered proceeds through narcotics trafficking or 
prostitution, and the diamond trade.  Based upon a mutual 
evaluation review by the Financial Action Task Force (FATF) 
in June 2005, Belgium is working to implement FATF's 
recommendations ahead of June 2007, when Belgium must report 
back to FATF on its progress. 
KOROLOGOS 
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