VZCZCXRO1914
PP RUEHAG RUEHROV
DE RUEHMD #2093/01 3121929
ZNY CCCCC ZZH
P 081929Z NOV 07
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC PRIORITY 3774
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
RUEHLA/AMCONSUL BARCELONA 3169
RUEAWJA/DEPT OF JUSTICE WASHDC

C O N F I D E N T I A L SECTION 01 OF 02 MADRID 002093 
 
SIPDIS 
 
SIPDIS 
 
DEPARTMENT FOR L, CA/OCS/CI AND EUR/WE 
 
E.O. 12958: DECL: 11/07/2017 
TAGS: KOCI PREL CASC SP
SUBJECT: SPANISH AGAIN BRING UP CARRASCOSA CASE AND MAY 
RAISE WITH LEGAL ADVISOR 
 
REF: A. MADRID 2041 
     ¶B. MADRID 597 
 
MADRID 00002093  001.2 OF 002 
 
 
Classified By: DCM HUGO LLORENS FOR REASONS 1.4 (B) AND (C) 
 
¶1. (C) The DCM met November 5 with Secretary of State for 
Justice Julio Perez Hernandez to thank him for Spain's 
efforts in the Al-Kassar extradition case (REFTEL A).  Perez 
Hernandez raised during the meeting Spain's continuing 
concern over the long-running case of Maria Jose Carrascosa, 
a Spanish attorney from Valencia held in a New Jersey prison 
since November 2006 for contempt of court after failing to 
produce her daughter before a New Jersey court.  Perez 
Hernandez said he was considering asking Spanish Ambassador 
to the U.S. Carlos Westendorp to raise the matter in 
Washington with the Department's Legal Advisor.  The DCM 
explained to Perez Hernandez that the Department was not in a 
position to persuade the judge to withdraw his contempt 
citation.  Separately, Spanish press reported on November 6 
that Carrascosa's sister has asked President Zapatero to 
intervene on her sister's behalf and would be meeting with 
officials at Spain's Ministry of Justice on November 8 to 
discuss the case. 
 
//BACKGROUND// 
 
¶2. (C) Maria Jose Carrascosa removed her daughter, Victoria 
Innes, from New Jersey and the United States in violation of 
New Jersey law and an existing parenting agreement that 
stated Victoria was not to leave the U.S.  A Spanish court in 
Valencia denied the father's request, under the Hague 
International Child Abduction Convention, to return the child 
to the U.S.  That decision was upheld on appeal.  Carrascosa 
then returned to New Jersey to continue litigating the 
divorce.  She was ordered to produce Victoria, fled, was 
arrested in New York, and jailed for contempt of court until 
she complies with the court's ruling and produces her 
daughter.  Her "habeas corpus" petition was denied in Federal 
Court in February.  In an unusual move, the judge agreed to 
rehear the petition and allowed her lawyers to file "amicus" 
briefs.  On May 14, the petition was again denied.  In the 
decision, the judge extensively quoted Spanish Hague legal 
expert Elisa Perez-Vera in support of the New Jersey Court's 
ruling that the Spanish court exceeded its authority under 
the Convention and therefore the New Jersey court was not 
bound by its decision.  Carrascosa's family made many false 
statements to the Spanish press about her confinement 
conditions.  Carrascosa's sister and father told Spanish 
media that she was not receiving proper medical care for a 
thyroid condition and that, "the U.S. is treating her worse 
than the ones held in Guantanamo."  The Embassy has 
consistently maintained that Carrascosa was being treated 
well and receiving all necessary medication. 
 
¶3. (U) The Ministry of Justice released a statement on 
November 5 expressing its, "concern for the regrettable 
situation that a Spanish citizen has suffered for several 
months."  However, the release said that the Spanish 
government was not a party to this judicial process and thus 
had limited room to act.  The MOJ stressed that it had done 
and was doing everything it could for Carrascosa (calling its 
actions "irreproachable"), but said it would carefully 
analyze the most recent petitions made to it by the inmate's 
family.  The GOS' stated goal is to find a solution that 
would allow Carrascosa to leave prison, find an amicable 
solution with her ex-husband, and allow Victoria to have 
access to both of her parents.  The press release further 
conveyed the government's view that the current situation 
facing Carrascosa ("indefinite jail time") was 
disproportionate, and that young Victoria was the one who has 
suffered the most.  The MOJ statement also correctly mentions 
that the Spanish government made available to Carrascosa, 
free of charge, one of the best mediation attorneys in Spain, 
but that Carrascosa had rejected any offer of mediation. 
 
//COMMENT// 
 
¶4. (C)  The Carrascosa case has received sensational press 
coverage in Spain and has generated negative feelings towards 
the U.S.  The Spanish reaction to this case has not been 
based on reason or judicial arguments, but is a very 
emotional one based on photos of "a mother in chains."  The 
Embassy, Children's Issues, U.S. Federal and State judges, 
and the Spanish Ministry of Justice, have all urged mediation 
between the parents.  We have constantly told the Spanish 
that this is a tragic example of the breakup of a family, but 
it is a matter for the courts.  We have said that, just as in 
Spain, the Executive Branch cannot attempt to influence the 
 
MADRID 00002093  002.2 OF 002 
 
 
judges' decisions.  Per REFTEL B, Ambassador Aguirre told 
Justice Minister Bermejo in April that, as in many 
contentious divorce cases, there are two sides to the story, 
and that the Spanish press had greatly skewed this story and 
portrayed Carrascosa solely as the victim.  He also said that 
Carrascosa herself had exhibited some erratic behavior, such 
as changing her legal team on numerous occasions and 
rejecting any and all offers of mediation or compromise.  We 
do not agree with those Spanish officials who maintain that 
this is a Hague case and who cannot comprehend that an 
individual in our common law system can be jailed for 
contempt of court--a civil, rather than criminal matter. 
 
¶5. (C)  We believe that the GOS' renewed interest in the 
Carrascosa case is due in part to recent events surrounding a 
Spanish airline crew detained in Chad.  Spanish and French 
citizens were detained earlier this month on charges of 
suspected kidnapping related to a NGO's efforts to fly 103 
children to France, and the Spanish government was unable to 
win their release.  It took action and negotiation from 
French President Sarkozy to free three French journalists and 
four Spanish flight attendants.  Sarkozy and his personal 
plane dropped off the flight attendants in Madrid on November 
4 en route to Paris, an event that was greeted by scorn and 
derision from virtually all sectors of the Spanish political 
spectrum who said this marked a failure in Zapatero's foreign 
policy and his inability to support Spanish citizens detained 
abroad.  Indeed, Perez Hernandez admitted to the DCM on 
November 5 that President Zapatero "had not looked very good" 
after this event and asked what the U.S. could do to help 
Carrascosa.  We believe the GOS will come under increasing 
pressure from Carrascosa's family and supporters to "do 
something" and to obtain results.  We would expect Ambassador 
Westendorp to contact the Department's Legal Advisor in the 
near future to once again plead this case.  Our response to 
all inquiries should be to urge mediation and compromise, 
which Carrascosa has rejected.  In July, Peter Innes, the 
father, made a settlement offer which would allow Victoria to 
remain in Spain, visit him in the U.S. twice a year, and 
allow him to visit Victoria in Spain twice a year. 
Carrascosa summarily rejected this offer. 
AGUIRRE