VZCZCXRO1824
PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHMD #0101 0181739
ZNR UUUUU ZZH
P 181739Z JAN 07
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC PRIORITY 1666
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0132
RUEHLA/AMCONSUL BARCELONA PRIORITY 2374
RUEAIIA/CIA WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUCNFB/FBI WASHDC PRIORITY
RUCAACC/HQ USCENTCOM MACDILL AFB FL PRIORITY
RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RUEKJCS/JOINT STAFF WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY

UNCLAS MADRID 000101 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
L/LEI FOR KEN PROPP AND MARK KULISH 
 
E.O. 12958: N/A 
TAGS: PREL MARR SP
SUBJECT: SPAIN/COUSO CASE: MEETING WITH CHIEF PROSECUTOR 
 
REF: A. MADRID 82 
     ¶B. MADRID 26 
     ¶C. 2005 MADRID 4308 
 
¶1. (SBU) Embassy officials from Legat, the Consular Section, 
and the Political Section met with National Court Chief 
Prosecutor Javier Zaragoza on 1/18 to review developments in 
the Spanish court case charging three U.S. servicemen with 
murder and war crimes in the April 2003 death of Spanish 
cameraman Jose Couso during the takeover of Baghdad (REFS A 
and B).  Poloff noted that they were not acting under 
instruction and simply wanted to meet informally with 
Zaragoza to review a case of great sensitivity to the USG. 
Emboffs noted the rapid decision of Examining Magistrate 
Santiago Pedraz to re-issue international detention orders 
against the three accused servicemen (REF B) and asked 
whether Spanish authorities intended to submit bilateral 
extradition requests to the U.S. as well for the three 
servicemen. 
 
¶2. (SBU) Zaragoza said that he was not yet in a position to 
determine whether or not bilateral extradition requests would 
be filed because he had not reviewed the case himself 
sufficiently to establish the best course of action (Zaragoza 
was not working at the National Court at the time the Couso 
case was reviewed and dismissed).  He noted that the Couso 
case had moved swiftly at a time when he was preoccupied with 
the recent handover of ETA terrorist suspects to Spain by 
French authorities, which involved new legal ground for the 
Spanish authorities.  However, Zaragoza said that he was 
aware of Spanish Attorney General Candido Conde Pumpido's 
interest and involvement in the case (REF C) and assured 
Emboffs that his office would carefully study all aspects of 
the case and would proceed at a deliberate pace.  He said 
that the existence of a U.S. investigation of the incident 
was understood to be an important consideration, but left 
open the possibility that the Prosecutor's Office would seek 
additional information from USG authorities. 
 
¶3. (SBU) The Consular Section's legal adviser asked Zaragoza 
whether he could confirm news reports that the Examining 
Magistrate had requested that his office prepare a report on 
whether U.S. assets could be embargoed (frozen) as part of a 
civil component of the Couso family's suit against the U.S. 
servicemen.  Zaragoza scanned the Examining Magistrate's 
request and said that the magistrate's order merely 
transmitted this request by the plaintiffs; the National 
Prosecutor's office had to undertake a careful review of 
Spanish case law before responding to the request. 
 
//COMMENT// 
 
¶4. (SBU) Our objective in this initial meeting with Zaragoza 
was to sensitize him to the USG's concerns in this case, 
since he had no involvement in this case when it first came 
before the National Court.  Zaragoza is a seasoned prosecutor 
with a clear understanding of the political implications of 
this case and we anticipate that he will proceed as carefully 
as he said he would.  As soon as Zaragoza informs us how he 
intends to proceed, we will convey this information to 
interested Washington agencies.  We will also follow up at 
higher levels in the Spanish Government to reinforce the 
implications of this case for bilateral relations and on 
international law. 
Aguirre