Cablegate: Spain: 1990 Annual Terrorism Report

P 311525Z OCT 90
FM AMEMBASSY MADRID
TO SECSTATE WASHDC PRIORITY 1837
INFO RUFHMDB/AMCONSUL BARCELONA
AMCONSUL BILBAO
AMEMBASSY PARIS
AFOSI DISTRICT 68 TORREJON AFB SP
DIA WASHINGTON DC//0S//

UNCLAS SECTION 01 OF 04 MADRID 12668

S/CT FOR BREELAND

E.O. 12356:N/A
TAGS: PTER SP PGOV KPRP
SUBJECT: SPAIN: 1990 ANNUAL TERRORISM REPORT

REF: STATE 355397

1. THE FOLLOWING REPORT IS THE ANNUAL TERRORISM REPORT FOR
SPAIN FOR 1990. RESPONSES ARE KEYED TO THE QUESTIONS IN REFTEL.

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A. PROSECUTIONS INVOLVING TERRORISM
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2. THE TWO MAJOR TERRORIST GROUPS IN SPAIN ARE THE EXTREMIST
BASQUE SEPARATIST GROUP EUSKADI TA ASKATASUNA (ETA), OR BASQUE
HOMELAND AND LIBERTY, AND THE SMALLER, BUT VIRULENT, FIRST OF
OCTOBER ANTI-FASCIST RESISTANCE GROUPS (GRAPO). ETA HAS
LIMITED INTERNATIONAL CONNECTIONS, PRIMARILY WITH BASQUES
RESIDENT IN FRANCE, BUT CLAIMED RESPONSIBILITY IN 1990 FOR
SEVERAL TERRORIST ACTS AGAINST SPANISH INSTALLATIONS IN THE
NETHERLANDS. GRAPO, ALSO BASICALLY A DOMESTIC TERRORIST GROUP,
HAS AT LEAST THE PUBLIC SYMPATHY OF THE GERMAN RED ARMY
FACTION. TWO SMALLER TERRORIST GROUPS WERE ACTIVE IN 1990:
TERRA LLIURE, A CATALAN SEPARATIST GROUP, AND THE GUERRILLA
ARMY OF THE FREE GALICIAN PEOPLE (EGPGC), A GALICIAN
NATIONALIST GROUP.

3. IN A MAJOR BREAKTHROUGH IN EARLY 1990, A HITHERTO UNKNOWN
ETA TERRORIST NETWORK DIRECTED FROM FRANCE, KNOWN AS THE
"ITINERANT COMMAND," WAS UNCOVERED AND SEVERAL KEY LEADERS
ARRESTED. OVER A 12-YEAR PERIOD, THIS GROUP HAD BEEN
RESPONSIBLE FOR SOME 40 TERRORIST BOMBINGS AND ASSASSINATIONS
IN SPAIN. THE DISCOVERY OF THE NETWORK BEGAN WITH THE ARREST
OF A FRENCH BASQUE, HENRI PAROT, IN SEVILLE IN APRIL PRIOR TO A
PLANNED ETA ATTACK ON THE LOCAL HEADQUARTERS OF THE NATIONAL
POLICE. AS A RESULT OF CLOSE COOPERATION BETWEEN SECURITY
FORCES IN FRANCE AND SPAIN, OTHER MEMBERS OF THE ITINERANT
COMMAND WERE LATER ARRESTED IN FRANCE.

4. NO MAJOR PROSECUTIONS OF INTERNATIONAL OR DOMESTIC
TERRORISTS WERE CONCLUDED DURING 1990. HOWEVER, THE CRIMINAL
JUSTICE SYSTEM IS CONTINUING ITS INVESTIGATIONS AND PRE-TRIAL
PROCEDURES AGAINST MANY INCARCERATED TERRORISTS. AS OF
SEPTEMBER 1990, 468 MEMBERS OF ETA WERE IN PRISON IN SPAIN,
MANY OF THEM AWAITING TRIAL. THE GOVERNMENT HAS ALSO TAKEN
ACTION AGAINST RIGHT-WING TERRORISTS. SEVERAL PERSONS,
INCLUDING A NATIONAL POLICE OFFICER, ARE IN PREVENTIVE
DETENTION PENDING PROSECUTION FOR THE MADRID ASSASSINATION OF A
PRO-ETA BASQUE CONGRESSMAN IN LATE 1989; AND TWO OTHER NATIONAL
POLICE OFFICERS ARE AWAITING TRIAL ON CHARGES OF ORGANIZING AN
EXTREME RIGHT DEATH SQUAD OF THE ANTI-TERRORIST GROUPS FOR
LIBERATION (GAL) THAT OPERATED IN SOUTHERN FRANCE FROM 1983 TO
1986. AUTHORITIES OBTAINED COURT ORDERS IN JULY TO EXTEND
THEIR PREVENTIVE DETENTION FOR TWO YEARS. SPAIN IS ALSO
PURSUING THE PROSECUTION OF THREE HIZBALLAH TERRORISTS ARRESTED
IN NOVEMBER 1989 IN MADRID AND VALENCIA, DESPITE REPORTED
WARNINGS BY HIZBALLAH SUPPORTERS IN LEBANON OF POSSIBLE
TERRORIST ACTIONS AGAINST SPANISH TARGETS.

5. DELAYS IN PROSECUTION ARE NOT UNUSUAL FOR CRIMINAL CASES IN
SPAIN. THE LAW PERMITS PREVENTIVE DETENTION FOR UP TO TWO
YEARS PENDING TRIAL; HOWEVER, EVEN THIS LIMIT ON PREVENTIVE
DETENTION MAY BE EXTENDED IN CASES INVOLVING SERIOUS CRIMES,
SUCH AS TERRORISM.

6. IN 1990, SPANISH COURTS CONTINUED TO DEAL STERNLY WITH
TERRORIST CASES, SUBJECT TO CONSTITUTIONAL RESTRAINTS. THE
PUBLIC PROSECUTORS ROUTINELY SEEK STIFF PRISON SENTENCES FOR
ACCUSED TERRORISTS. IN TWO RECENT CASES, FOR EXAMPLE, THE
GOVERNMENT SOUGHT SENTENCES OF 240 YEARS FOR TWO ETA TERRORISTS
FOR AN ALLEGED 1987 ATTACK AGAINST A POLICE CONVOY. HOWEVER,
THE SPANISH CONSTITUTION LIMITS THE ACTUAL TIME SERVED TO A
MAXIMUM OF 30 YEARS.

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B. EXTRADITIONS
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7. ETA TERRORISTS RESIDE IN MANY FOREIGN NATIONS, INCLUDING
CAPE VERDE, CUBA, THE DOMINICAN REPUBLIC, ECUADOR, FRANCE, SAO
TOME E PRINCIPE, AND VENEZUELA. OFTEN, THEY RESIDE ABROAD IN
AN EXILE STATUS UNDER AGREEMENTS BETWEEN SPAIN AND THE HOST
GOVERNMENT.

8. DURING 1990, SPAIN VIGOROUSLY PURSUED EFFORTS TO EXTRADITE
ETA TERRORISTS FROM ABROAD, ESPECIALLY FROM FRANCE. IN MAY,
FRANCE EXTRADITED JOSE RAMON MARTINEZ DE LA FUENTE ("TZORI") TO
SPAIN; MARTINEZ HAD BEEN DETAINED IN FRANCE IN 1985. WITH THIS
EXCEPTION, NO IMPORTANT ETA MEMBER RESIDENT IN FRANCE HAS BEEN
EXTRADITED TO SPAIN.

9. IN OCTOBER 1990, FRANCE TURNED DOWN THREE MAJOR SPANISH
EXTRADITION REQUESTS FOR ETA TERRORISTS. ONE INVOLVED JOSE
ANTONIO URRUTICOETXEA BENGOETXEA ("JOSU TERNERA"), WHO WAS
CONSIDERED A MAJOR ETA LEADER AT THE TIME OF HIS ARREST IN
1988. FRANCE DENIED THE EXTRADITION ON THE GROUNDS THAT
MEMBERSHIP IN AN ARMED BAND WAS NOT SUFFICIENT TO JUSTIFY
EXTRADITION. ANOTHER EXTRADITION REQUEST, THE SEVENTH ONE
AGAINST SANTIAGO ARROSPIDE-SARASOLA ("SANTI POTROS"), WAS
DENIED IN OCTOBER ON THE SAME GROUNDS, EVEN AS SPAIN FILED AN
EIGHTH EXTRADITION REQUEST. THIS MAN HAS BEEN CONSIDERED A
POLITICAL REFUGEE BY FRANCE SINCE 1982. IN A THIRD DECISION,
THIS ONE INVOLVING JOSE LUIZ ARRIETA ZUBIMENDI ("AIZCOITI"),
THE FRENCH COURT TERMED THE SPANISH EXTRADITION "WEAK" FOR
FAILURE TO ALLEGE AND DOCUMENT SPECIFIC CRIMINAL CHARGES WITHIN
THE REQUIRED TIME PERIOD, BUT LEFT OPEN THE POSSIBILITY OF
SPAIN'S STRENGTHENING THE REQUEST.

10. IN FALL 1990, SPAIN REQUESTED THAT THE GOVERNMENT OF SAO
TOME E PRINCIPE WITHDRAW DIPLOMATIC STATUS FROM SPANISH
NATIONAL FRANCISCO PAESA SANCHEZ, WHO WAS SUSPECTED OF BEING
INVOLVED WITH THE GAL, IN ORDER THAT PAESA MIGHT BE EXTRADITED
TO SPAIN. PAESA SERVES AS REPRESENTATIVE OF SAO TOME E
PRINCIPE TO U.N. AGENCIES IN GENEVA.

11. A MADRID COURT REPORTEDLY APPROVED IN SEPTEMBER 1989 A GOF
REQUEST FOR THE EXTRADITION OF GEORGE MENDAILLE, ACCUSED OF
RECRUITING GUNMEN INVOLVED IN GAL OPERATIONS IN FRANCE.
SPANISH AUTHORITIES RELEASED MENDAILLE FROM PREVENTIVE
DETENTION THIS SUMMER.

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C. IMPEDIMENTS TO PROSECUTION OR EXTRADITION
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12. THE PRINCIPAL IMPEDIMENT TO EXTRADITION FROM SPAIN IS THAT
EXTRADITION WILL NOT BE GRANTED IF THE PERSON WOULD BE SUBJECT
TO THE DEATH PENALTY. THIS PROBLEM HAS BEEN AVOIDED IN THE
PAST BY AN UNDERTAKING BY THE REQUESTING COUNTRY THAT THE DEATH
PENALTY WILL NOT BE SOUGHT IN THE CASE IN QUESTION.

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D. RESPONSES TO COMBAT TERRORISM
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13. THE SPANISH GOVERNMENT STRONGLY AND CONSISTENTLY OPPOSES
TERRORISM. TERRORIST ACTS ARE VEHEMENTLY AND UNAMBIGUOUSLY
CONDEMNED BY HIGH RANKING OFFICIALS IMMEDIATELY FOLLOWING ANY
DOMESTIC INCIDENT.

14. THE GOVERNMENT OF SPAIN IS WAGING A STRONG CAMPAIGN
AGAINST DOMESTIC SUPPORT OF TERRORISM. FOR EXAMPLE, IN EARLY
1990, THE GOVERNMENT INSTITUTED AN INTENSE DOMESTIC CAMPAIGN
FOR CITIZEN ASSISTANCE IN APPREHENDING THE SIX GRAPO MEMBERS
PRIMARILY RESPONSIBLE FOR THE INCREASED GRAPO TERRORIST
ACTIVITY IN LATE 1989 AND EARLY 1990.

15. THE GOVERNMENT OF SPAIN HAS DISPERSED ETA PRISONERS
THROUGHOUT THE SPANISH PRISON SYSTEM, IN AN EFFORT TO ISOLATE
SUCH PRISONERS FROM EACH OTHER AND TO DENY THEM MUTUAL
SUPPORT. FOLLOWING AN UPSURGE IN GRAPO ATTACKS IN LATE 1989
AND EARLY 1990, GRAPO PRISONERS WERE ALSO DISPERSED. WHEN
GRAPO PRISONERS PROTESTED THIS DISPERSION BY A PROLONGED HUNGER
STRIKE, SOME WERE FORCE-FED TO PREVENT DEATH, AN ACTION LATER
UPHELD BY THE CONSTITUTIONAL COURT AS JUSTIFIED. SECURITY
FORCES WERE PLACED ON HIGH ALERT AFTER ONE OF THE GRAPO HUNGER
STRIKERS DIED, AND THEY HAVE REMAINED ON HIGH ALERT EVER SINCE.

16. THE SPANISH GOVERNMENT HAS ALSO OFFERED A LIMITED IMMUNITY
PROGRAM FOR TERRORIST PRISONERS WHO WILL RENOUNCE THE USE OF
FORCE. THIS "REINSERTION PROGRAM" IS DESIGNED NOT ONLY TO
CONVINCE INDIVIDUAL TERRORISTS TO RENOUNCE TERRORISM AS A
POLITICAL TOOL, BUT TO DIVIDE LOYALTIES WITHIN THE TERRORIST
GROUPS. CURRENTLY, 17 OF THE MORE THAN 450 ETA PRISONERS HAVE
TAKEN ADVANTAGE OF THIS OFFER AND ARE BEING HELD UNDER LOW
SECURITY CONDITIONS; IN 1989, ONLY 2 PRISONERS WERE HELD UNDER
SUCH LOW SECURITY CONDITIONS.

17. SPAIN HAS ALSO SOUGHT TO IMPEDE FUND RAISING ACTIVITIES BY
TERRORISTS, BY MAKING IT MORE DIFFICULT TO COLLECT RANSOMS FROM
THE FAMILIES AND BUSINESSES OF KIDNAP VICTIMS. SPANISH LAW
MAKES IT ILLEGAL TO "COLLABORATE" WITH TERRORISTS BY PAYING A
RANSOM. SEVERAL PERSONS WHO ACTED AS MIDDLEMEN IN THE PAYMENT
OF RANSOM DEMANDS BY ETA WERE CHARGED WITH THIS OFFENSE IN
MARCH 1990. THEY WERE ALSO UNDER SUSPICION AS PRINCIPALS IN A
SERIES OF KIDNAPPINGS BY ETA.

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E. MAJOR COUNTERTERRORISM EFFORTS OF 1990
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18. THE MAJOR FOCUS OF SPAIN'S ANTI-TERRORISM ACTIVITIES HAS
BEEN ETA AND GRAPO. NONETHELESS, THE ARREST IN NOVEMBER 1989
OF THE EIGHT HIZBALLAH TERRORISTS, TOGETHER WITH EXPLOSIVES, IN
SPAIN BROUGHT AN INCREASED AWARENESS OF THE DANGER SUCH
TRANSNATIONAL GROUPS MAY POSE WITHIN SPAIN. FOR EXAMPLE,
FOLLOWING THIS ARREST, SPAIN SPONSORED AN INTERNATIONAL
CONFERENCE TO DISCUSS THE HIZBALLAH TERRORIST ORGANIZATION.
SPAIN ALSO COORDINATES ITS COUNTERTERRORIST EFFORTS THROUGH ITS
ACTIVE MEMBERSHIP IN THE EC'S TREVI GROUP.

19. IN 1990, BILATERAL ANTI-TERRORISM COOPERATION IMPROVED
MOST NOTABLY WITH FRANCE. THE MOST TANGIBLE RESULT WAS THE
ARREST IN FRANCE AND SPAIN OF THREE OF THE FIVE LEADERS OF
ETA'S ITINERANT COMMAND. SPAIN ALSO CONSULTS REGULARLY ON A
BILATERAL BASIS WITH OTHER GOVERNMENTS, INCLUDING THE UNITED
STATES.

20. DOMESTICALLY, SPAIN HAS TRIED TO IMPROVE THE QUALITY OF
ITS POLICE OPERATIONS. COOPERATION BETWEEN REGIONAL AND
NATIONAL POLICE FORCES HAS BEEN ESPECIALLY TARGETED AND THE
BASQUE REGIONAL POLICE PARTICIPATED IN SOME NATIONAL POLICE
OPERATIONS IN 1990.

21. WHEN A HIGHER THREAT OF TERRORISM HAS BEEN IDENTIFIED,
SPANISH AUTHORITIES HAVE ATTEMPTED TO REDUCE THE RISK OF A
SUCCESSFUL TERRORIST OPERATION. FOR EXAMPLE, SECURITY IN
GOVERNMENT BUILDINGS WAS IMPROVED IN MID-1990 FOLLOWING A RASH
OF SUCCESSFUL LETTER AND PACKAGE BOMBS. POLICE SECURITY IS
MARKEDLY INCREASED FOR TOURIST SITES DURING THE SUMMER TOURIST
SEASON; AND WHEN ETA THREATENED TO BOMB SPECIFIED RAILWAY LINES
IN AUGUST, AS IT HAD DONE IN THE PAST, PASSENGER TRAFFIC WAS
DIVERTED TO OTHER LINES WHENEVER POSSIBLE, IN ADDITION TO OTHER
PRECAUTIONS. MORE RECENTLY, SECURITY AROUND U.S. AND SEVERAL
OTHER FOREIGN INSTALLATIONS WAS INCREASED BECAUSE OF A HIGHER
THREAT LEVEL OF MIDDLE EASTERN TERRORISM ARISING FROM EVENTS IN
THE GULF.

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F. GOVERNMENT SUPPORT FOR INTERNATIONAL TERRORISM
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22. THE GOS DOES NOT SUPPORT, FINANCIALLY OR DIPLOMATICALLY,
INTERNATIONAL TERRORIST ACTIVITIES. THE PLO MAINTAINS A
REPRESENTATIVE OFFICE IN MADRID, BUT THAT OFFICE DOES NOT HAVE
DIPLOMATIC STATUS. IN THE UNITED NATIONS, THE GOS HAS OPPOSED
OBSERVER STATUS FOR THE PLO, AND THE GOS SUPPORTS EC SANCTIONS
AGAINST LIBYA.

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G. PUBLIC STATEMENTS SUPPORTING TERRORISM
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23. THE GOS DOES NOT MAKE PUBLIC STATEMENTS IN SUPPORT OF A
TERRORIST-SUPPORTING COUNTRY ON TERRORISM ISSUES.

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H. CHANGES IN SPANISH ATTITUDES TOWARDS TERRORISM
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24. DOMESTIC COUNTERTERRORISM, AIMED PRIMARILY AT ETA AND
GRAPO, IS AN HIGH, PRIORITY EFFORT. OTHER TERRORIST THREATS
HAVE NOT TRADITIONALLY BEEN VIEWED AS IMMEDIATE. HOWEVER, THE
ARREST OF HIZBALLAH MEMBERS AND SEIZURE OF EXPLOSIVES IN
NOVEMBER 1989 RAISED THE THREAT OF MIDDLE EAST TERRORISM IN
SPAIN.

25. WITH THE ADVENT OF THE 1992 OLYMPIC GAMES IN BARCELONA AND
THE WORLD'S FAIR IN SEVILLE, SPAIN IS INCREASINGLY AWARE AND
CONCERNED ABOUT THE RISK OF TERRORIST ATTACKS IN CONNECTION
WITH THOSE EVENTS. IN THIS REGARD, ETA THREATENED IN 1990 TO
DISRUPT THE WORLD'S FAIR AND SENT A PACKAGE BOMB TO THE
EXECUTIVE OFFICES OF THE WORLD'S FAIR IN SEVILLE.

ZAPPALA

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