VZCZCXRO0269
RR RUEHLA
DE RUEHMD #0060 0200649
ZNR UUUUU ZZH
R 200649Z JAN 09
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC 0079
INFO RUEHLA/AMCONSUL BARCELONA 3746
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUCNFB/FBI WASHDC

UNCLAS MADRID 000060 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR EUR/WE (CHARLES HUNTER, ELAINE SAMSON, 
STACIE ZERDECKI), L/LEI, DHS (AJAY BHATT), DOJ (PATRICIA 
REEDY) 
 
E.O. 12958: N/A 
TAGS: KAWC PREL PHUM SP
SUBJECT: SPANISH PROCEEDINGS AGAINST ALLEGED FORMER NAZIS 
IN U.S. 
 
¶1. (SBU) SUMMARY. In July 2008 the Spanish National Court, 
under the Spanish judicial concept of universal jurisdiction 
and pursuant to a request by private parties, initiated an 
investigation of four suspects who allegedly committed crimes 
against humanity while serving in Nazi concentration camps: 
Johann Leprich; Anton Tittjung; John Demjanjuk; and Josias 
Kumpf. Post understands that after years of U.S. judicial 
proceedings, all were stripped of U.S. citizenship and 
ordered removed with no appeals remaining in their 
denaturalization cases.  It is possible that the Spanish will 
seek to have the four brought to Spain at some point, but the 
investigation here is still in its early stages, and we do 
not believe a request for the four is imminent. We have 
advised the Spanish of the option of issuing travel documents 
in order to facilitate bringing the four to Spain. END 
SUMMARY. 
 
Possible Delays 
 
¶2. (SBU) The case against the four alleged Nazis is still in 
its early investigative stages. No indictments or warrants 
have been issued. DOJ answered an amended MLAT in December 
2008, providing requested documents to the Spanish 
prosecutors. Given the volume of information provided, our 
experienced LES Legal Advisor predicts translation of the 
information alone could take many months.  The prosecutors 
confirmed this week that they have had little time to review 
the information or begin in earnest their investigation. 
 
¶3. (SBU) The prosecutor's office also requested Embassy 
Madrid's assistance in arranging a mid-December trip to the 
U.S. to interview the four potential defendants, two Nazi-era 
litigation experts, and meet with various officials at the 
Department and DOJ (for reasons unknown to us, the Spanish 
did not make the trip). The Spanish prosecutors have inquired 
about the health of the defendants and are evidently 
concerned about their ability to stand trial. 
 
Removal to Spain 
 
¶4. (SBU) The Spanish prosecutors have been made aware that 
extradition requests would not be necessary and understand 
the concept of procuring "travel documents," issued by the 
Spanish Ministry of the Interior. However, both LEGAT and 
Post's Legal Advisor believe it is premature to further 
discuss travel documents as we do not yet have affirmation 
from the Spanish prosecutors that they indeed want the 
individuals in Spain. 
 
¶5. (SBU) Post will continue to monitor the case. Should the 
Spanish prosecutors request the suspects' presence in Spain, 
we will advise the Department. 
AGUIRRE