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DE RUEHTC #2095 3611252
ZNR UUUUU ZZH
R 271252Z DEC 07
FM AMEMBASSY THE HAGUE
TO RUEHC/SECSTATE WASHDC 0862
INFO RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHZL/EUROPEAN POLITICAL COLLECTIVE

UNCLAS THE HAGUE 002095 
 
SIPDIS 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR L/LEI, EUR/WE, EUR/PGI 
JUSTICE FOR OIA 
 
E.O. 12958: N/A 
TAGS: CJAN KCRM KJUS PREL PGOV EUN NL
SUBJECT: STATUS OF RATIFICATION OF EXTRADITION AND MLAT TREATIES: 
NETHERLANDS 
 
REF: STATE 163864 
 
THIS MESSAGE IS SENSITIVE BUT UNCLASSIFIED.  PLEASE HANDLE 
ACCORDINGLY. 
 
¶1.  (SBU) SUMMARY.  The Dutch ratification package for the U.S.-EU 
extradition and Mutual Legal Assistance (MLAT) Treaties, including 
the bilateral implementing agreements, has not yet been submitted to 
Parliament for approval.  The package has been approved by the 
Cabinet and is currently with the Council of State for review prior 
to submission to Parliament.  The Ministry of Justice official 
responsible for implementation of the treaties has told us 
repeatedly that it is impossible to predict how quickly Parliament 
will act on the package.  End Summary. 
 
¶2.  (SBU) According to the Justice Ministry's website, the U.S.-EU 
Extradition and MLAT Treaty ratification package is before the 
Council of State, the Netherland's highest administrative body, 
which reviews all legislation before it is submitted to Parliament. 
Marjorie Bonn, the Justice Ministry Legislative Affairs Department 
Senior Policy Advisor responsible for the ratification package, 
confirmed during a December 3 conversation with Global Specialist 
that the Council of State was still reviewing the package.  She 
predicted, as she has in previous discussions with Emboffs, that the 
ratification debate in Parliament will be thorough and potentially 
contentious.  She attributed this to Parliamentary concern about 
extraditions to the United States, in particular in cases which may 
be related to terrorism. 
 
¶3. (SBU) Progress on the ratification of the U.S-EU treaties was 
discussed during the October 25-26 bilateral law enforcement 
consultations. Bonn explained that once the ratification package is 
submitted to Parliament, a "written procedure" would be followed, 
under which Parliamentarians would submit questions and requests for 
clarification in writing to the Ministry, and receive written 
responses.  She said that, based on past experience of the level of 
Parliamentary and public, she anticipated a substantial number of 
questions on the treaties.  She said a public debate could follow 
the written questions and responses.  Bonn added that Parliament 
would be interested, among other issues, in knowing the status of 
ratification in the U.S Senate. 
 
¶4. (SBU) Bonn resisted the U.S. proposal to include language in the 
agreed conclusions of the consultations stating that the two sides 
agreed to "work to secure expeditious ratification and 
implementation" of the U.S.-EU treaties by their respective 
legislatures.  There was no way to "speed up" the ratification 
process, she said, and it would be inappropriate for the Justice 
Ministry to appear to tell Parliament how it should proceed on the 
ratification.  The delegations agreed on compromise language that 
the two sides would keep each other "informed" of the ratification 
process on each side. 
 
¶5.  (SBU) Comment.  It is not unusual for legislation to progress 
slowly from the government through the Parliament in the 
Netherlands.  It is difficult to tell whether the slow progress on 
ratification of the U.S.-EU extradition and MLAT treaties is due 
simply to the normal deliberative pace of the Dutch legislative 
process, or whether there is, in fact, likely to be significant 
resistance in Parliament to expeditious ratification, and the 
Justice Ministry is attempting to shore up the justification for 
ratification before submitting the package to Parliament for 
ratification. 
 
SCHOFER