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Cable 1: Spanish Judge Weighs Investigation of US Officials for Human Rights Violations

Cable 1: Spanish Judge Weighs Investigation of US Officials for Human Rights Violations

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Published by Andres
This is a 2009 US State Department report on the decision of Spanish judge Baltasar Garzon to pursue an investigation into the role of US government officials in human rights violations in the War on Terror.
This is a 2009 US State Department report on the decision of Spanish judge Baltasar Garzon to pursue an investigation into the role of US government officials in human rights violations in the War on Terror.

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Published by: Andres on Dec 18, 2010
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02/11/2013

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FM AMEMBASSY MADRIDTO RUEHC/SECSTATE WASHDC PRIORITY 0465 Wednesday, 01 April 2009, 17:01C O N F I D E N T I A L SECTION 01 OF 04 MADRID000347SUBJECT: SPAIN: PROSECUTOR WEIGHS GTMO CRIMINALCASE VS. FORMER USG OFFICIALS
REF: A. OSC EUP20090329950015 B. OSCEUP20090330950017 C. 06 MADRID 1914 D. 07MADRID 2282 E. 08 MADRID 409 F. 07 MADRID 911G. 07 MADRID 863 H. OSC EUP20080828085019MADRID 00000347 001.2 OF 004Classified By: ADCM William H. Duncan forreasons 1.4 (b), and (d)¶1. (C)
SUMMARY
: A Spanish NGO has requestedthat the National Court indict six BushAdministration officials for creating a legalframework that allegedly permitted torture. TheNGO is attempting to have the case heard by
 
Investigating Judge Baltasar Garzon,internationally known for his dogged pursuit of³universal jurisdiction´ cases. Garzon haspassed the complaint to the prosecutor¶s officefor them to determine if there is a legitimatecase. Although he seemed displeased to have thisdropped in his lap, Chief Prosecutor JavierZaragoza told us that in all likelihood he wouldhave no option but to open a case. He said hedid not envision indictments or arrest warrantsin the near future. He will also argue againstthe case being assigned to Garzon. MFA and MOJcontacts have told us they are concerned aboutthe case, but have stressed the independence ofthe Spanish judiciary. They too have suggestedthe case will move slowly. END SUMMARY.
The Accused 
-----------¶2. (U) The six accused are: former AttorneyGeneral Gonzales; David Addington, former chiefof staff and legal adviser to the VicePresident; William Haynes, former DOD GeneralCounsel; Douglas Feith, former Under Secretaryof Defense for Policy; Jay Bybee, former head ofthe DOJ Office of Legal Counsel; and John Yoo, aformer member of Bybee¶s staff.
 
 ¶3. (SBU) The NGO that filed the criminalcomplaint is the Association for the Dignity ofSpanish Prisoners. According to Spanish pressreports, a team of four lawyers worked on thecomplaint. This team also brought a case for adifferent Spanish NGO in January 2009 againstEhud Barak and six senior Israeli militaryofficials for alleged war crimes in Gaza in2002. (Note: In early 2009, the press reportedthat FM Moratinos had told the GOI Spain wouldrevise its universal jurisdiction laws toprevent such cases; we cannot corroborate this.End note.) Gonzalo Boye Tucet is one of the fourlawyers behind the current lawsuit and is takingthe lead with the media. Open source materialidentifies Boye as a Chilean-born lawyer who isa former member of the InternationalRevolutionary Movement. He served eight years ina Spanish prison as part of a 14-year sentencehe received for his role in the 1988 kidnappingof a Spanish businessman, a plot whichreportedly was financed in part by ETA.¶4. (C) The NGO is emphasizing that Spain has aduty to investigate because five Guantanamodetainees are either Spanish citizens orwere/are Spanish residents. However, the NGOdoes not claim to be representing these

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