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Viewing cable 07MADRID910, SPAIN/COUSO CASE: PROSECUTOR APPEALS CHARGES

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Reference ID Created Released Classification Origin
07MADRID910 2007-05-14 15:51 2011-08-24 16:30 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Madrid 
VZCZCXRO4569
PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHMD #0910 1341551
ZNR UUUUU ZZH
P 141551Z MAY 07
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC PRIORITY 2513
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0166
RUEHLA/AMCONSUL BARCELONA PRIORITY 2698
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY
RUEKJCS/JOINT STAFF WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUCNFB/FBI WASHDC PRIORITY
 
UNCLAS MADRID 000910 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
EUR/WE FOR ALLEGRONE, CLEMENTS, AND CERVETTI 
L/LEI FOR PROPP, KULISH, AND JOHNSON 
 
E.O. 12958: N/A 
TAGS: PREL PGOV MARR SP
SUBJECT: SPAIN/COUSO CASE: PROSECUTOR APPEALS CHARGES 
AGAINST US SERVICEMEN 
 
REF: A. MADRID 899 
     ΒΆB. MADRID 800 AND OTHERS 
 
(SBU) National Court Chief Prosecutor Javier Zaragoza 
contacted the DCM on May 14 to report that on May 11 he had 
appealed the decision by National Court Magistrate Santiago 
Pedraz to file formal charges against the three US servicemen 
named in the case filed by relatives of Spanish cameraman 
Jose Couso (reftels).  This case now proceeds to the appeals 
body within the National Court ("Sala de lo Penal de la 
Audiencia Nacional").  This is the same appeals tribunal that 
dismissed the Couso case in 2006 on the grounds that Spain 
did not have jurisdiction to try the case.  The Supreme Court 
overturned the decision of the National Court and ruled that 
Spain did have jurisdiction, but did not rule on the 
substance of the Couso case.  Zaragoza told the DCM that, 
while he was sympathetic towards the Couso family and there 
was strong political pressure related to the Couso legal 
case, his job was to make a technical/legal evaluation. 
Zaragoza said that his review of the facts led him to 
conclude that the killing of Jose Couso by the US servicemen 
was not intentional, therefore the servicemen could not be 
charged with war crimes or murder.  Post will seek a copy of 
Zaragoza's appeal to share with the Department. 
 
Aguirre