VZCZCXRO8991
PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHMD #0082 0161709
ZNR UUUUU ZZH
P 161709Z JAN 07
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC PRIORITY 1635
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0131
RUEHLA/AMCONSUL BARCELONA PRIORITY 2360
RUCAACC/HQ USCENTCOM MACDILL AFB FL PRIORITY
RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RUCNFB/FBI WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/JOINT STAFF WASHDC PRIORITY

UNCLAS MADRID 000082 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
L/LEI FOR KEN PROPP 
 
E.O. 12958: N/A 
TAGS: PREL MARR SP
SUBJECT: SPAIN/COUSO CASE: JUDGE ISSUES DETENTION ORDER 
AGAINST THREE U.S. SERVICEMEN 
 
REF: A. MADRID 26 
 
     ¶B. 2006 MADRID 3013 
     ¶C. 2005 MADRID 4308 
 
¶1. (U) National Court Examining Magistrate Santiago Pedraz 
issued international detention orders on January 16 against 
three U.S. servicemen, Sgt. Thomas Gibson, Captain Philip 
Wolford, and Lt. Col. Philip de Camp, accused of murder and 
violating international law in the death of Spanish cameraman 
Jose Couso during the April 2003 capture of Baghdad.  This 
action, taken at the request of the plaintiffs in the case 
(the Couso family) effectively reopens the case following a 
December 2006 ruling by the Spanish Supreme Court that 
Spanish courts have jurisdiction to try the matter (REF A). 
As noted in REF A, this swift action by the magistrate was 
widely anticipated.  However, Santiago Pedraz also agreed to 
a request from the plaintiffs to order the National Court 
prosecutors to prepare a report advising whether it would be 
legally permissable to "embargo" (i.e. freeze) assets in 
order compel compliance with the civil elements of the Couso 
family's case.  The National Prosecutors assigned to the case 
have the option to appeal this request from the Examining 
Magistrate, but since they carried out a previous instruction 
by the magistrate to file the international detention order 
and the Spanish Supreme Court found that the order should be 
issued (REF A), we anticipate that the prosecutors will 
comply shortly. 
 
//EMBASSY FOLLOW UP// 
 
¶2. (SBU) The Mission has been engaged with Spanish 
authorities on this issue at various levels, from the 
Ambassador with the Vice President and Interior Minister to 
action officers in contact with judicial officials.  We 
intend to follow up with National Court Chief Prosecutor 
Javier Zaragoza as soon as possible to determine the full 
range of possibilities in this case.  With regard to the 
issue of freezing of assets, there are conflicting reports as 
to whether the plaintiffs intend to pursue the assets of the 
accused or the USG's assets and we are actively seeking 
clarification on this point.  Post will report as soon as we 
have collected additional information. 
Aguirre