Cablegate: Spain: 1991 Annual Terrorism Report

R 121801Z NOV 91
FM AMEMBASSY MADRID
TO SECSTATE WASHDC 8622
INFO AMCONSUL BILBAO
AMCONSUL BARCELONA

UNCLAS SECTION 01 OF 03 MADRID 12971

S/CT FOR BREELAND

E.O. 12356: N/A
TAGS: PTER PGOV KPRP SP
SUBJECT: SPAIN: 1991 ANNUAL TERRORISM REPORT

REF: STATE 346420

1. THE FOLLOWING REPORT IS EMBASSY'S CONTRIBUTION TO THE
ANNUAL TERRORISM REPORT FOR SPAIN FOR 1991. RESPONSES ARE
KEYED TO THE QUESTIONS POSED IN REFTEL.

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A. GOS PROSECUTIONS INVOLVING INTERNATIONAL TERRORISM AND
SIGNIFICANT ACTS OF DOMESTIC TERRORISM
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2. TERRORIST ATTACKS IN SPAIN INCREASED DRAMATICALLY IN 1991,
LEAVING MORE VICTIMS IN THE FIRST HALF OF THE YEAR THAN IN ALL
OF 1990. THE TWO MAJOR TERRORIST GROUPS ARE THE EXTREMIST
BASQUE SEPARATIST GROUP "EUSKADI TA ASKATASUNA" (ETA), OR THE
BASQUE HOMELAND AND LIBERTY MOVEMENT, AND THE SMALLER, RADICAL
ANTI-CAPITALIST GROUP "FIRST OF OCTOBER ANTI-FASCIST RESISTANCE
GROUP" (GRAPO). ETA'S PRINCIPAL INTERNATIONAL CONNECTION IS TO
BASQUES RESIDENT IN FRANCE. THE "ITINERANT COMMAND" WITHIN
ETA, DISMANTLED IN 1990 THROUGH GOS/GOF COOPERATION, WAS
COMPOSED OF FRENCH BASQUES OR SPANISH BASQUE RESIDENTS IN
FRANCE. ETA BRANCHED OUT IN 1991 FROM 1989-90 ATTACKS AGAINST
SPANISH RELATED TARGETS IN THE NETHERLANDS TO TARGETS IN ITALY
AND GERMANY. WHEN THE ITALIAN TERRORIST GROUP "FALANGE ARMADA"
CLAIMED RESPONSIBILITY FOR 1991 BOMBINGS IN ROME AND MILAN, IT
SAID THAT IT ACTED ON ETA'S BEHALF. GRAPO ALSO HAS CONTACTS
WITH FRANCE, AND SOME OF ITS LEADERS ARE BELIEVED TO BE
RESIDENT THERE.

3. TWO SMALLER SPANISH TERRORIST GROUPS WERE ALSO ACTIVE IN
1991: THE BASQUE ANTI-CAPITALIST TERRORIST GROUP "IRAULTZA,"
WHICH HAD BEEN DORMANT FOR SOME MONTHS (AND WHICH HAS TARGETED
AMERICAN BUSINESSES IN THE PAST), AND THE GUERRILLA ARMY OF THE
FREE GALICIAN PEOPLE (EGPGC). A THIRD TERRORIST GROUP, "TERRA
LLIURE," A SMALL CATALAN SEPARATIST GROUP ALREADY SIGNIFICANTLY
WEAKENED, PUBLICLY RENOUNCED THE USE OF TERRORISM IN 1991 AND
AFFILIATED ITSELF WITH A SMALL REGIONALIST PARTY. IT MAY
DEVELOP NON-VIOLENT PROTESTS DURING THE OLYMPIC GAME PERIOD.

4. THE "GAL" (ANTI-TERRORIST LIBERATION GROUP) TRIAL OF TWO
EX-NATIONAL POLICE OFFICIALS FOR ORGANIZING ASSASSINATIONS OF
ETA MEMBERS IN FRANCE CONCLUDED THIS SUMMER, WITH BOTH MEN
RECEIVING STIFF PRISON SENTENCES, EACH TOTALLING OVER 100
YEARS.

5. PRE-TRIAL INVESTIGATIONS ARE PROCEEDING AGAINST A NUMBER OF
JAILED DOMESTIC AND INTERNATIONAL TERRORISTS; BUT THE CRIMINAL
PROSECUTION PROCESS TENDS TO BE SLOW. SPANISH LAW AUTHORIZES
PREVENTIVE DETENTION OF ALLEGED TERRORISTS FOR UP TO TWO YEARS
AND AN EXTENSION OF TWO YEARS UPON A JUDICIAL DETERMINATION OF
PROBABLE CAUSE, WHILE INVESTIGATIONS ARE PROCEEDING. THE GAL
DEFENDANTS, FOR EXAMPLE, WERE UNDER DETENTION FOR THREE YEARS
BEFORE THEIR TRIAL. SPANISH PROSECUTORS ALSO ROUTINELY SEEK
LENGTHY PRISON SENTENCES; BUT THE MAXIMUM TIME SERVED, EVEN IN
CONVICTIONS FOR MULTIPLE CRIMES, CANNOT BE MORE THAN 30 YEARS.

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B. GOS EXTRADITIONS AND EXTRADITION REQUESTS
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6. ETA TERRORISTS RESIDE IN MANY COUNTRIES, AMONG THEM CAPE
VERDE, CUBA, THE DOMINICAN REPUBLIC, ECUADOR, FRANCE, SAO TOME
E PRINCIPE, AND VENEZUELA. OFTEN, THEY RESIDE ABROAD IN EXILE
BY AGREEMENT BETWEEN SPAIN AND HOST GOVERNMENTS.

7. DURING 1991, THE GOS CONTINUED ITS VIGOROUS EFFORTS TO
EXTRADITE ETA TERRORISTS FROM ABROAD, ESPECIALLY FROM FRANCE,
BUT WITH LITTLE SUCCESS. PROCEDURAL EXTRADITION PROBLEMS
BETWEEN THE GOF AND GOS CONTINUED TO HAMPER BILATERAL
COOPERATION. FOR EXAMPLE, A PROCEDURAL ERROR REQUIRED THE GOF
TO RELEASE AN ETA OPERATIVE, ANTONIO GABIOLA GOYOGANA, IN
JULY. THE MAY 1990 EXTRADITION FROM FRANCE OF JOSE RAMON
MARTINEZ DE LA PUENTE CONTINUES TO BE THE SOLE EXTRADITION FROM
FRANCE OF A RELATIVELY HIGH RANKING ETA MEMBER.

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C. IMPEDIMENTS TO PROSECUTION OR EXTRADITION
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8. 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 IS HANDLED BY AN
UNDERTAKING FROM THE REQUESTING COUNTRY THAT THE DEATH PENALTY
WILL NOT BE SOUGHT IN THE CASE IN QUESTION.

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D. OTHER RESPONSES TO COMBAT TERRORISM
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9. THE SPANISH GOVERNMENT STRONGLY AND CONSISTENTLY OPPOSES
TERRORISM, EVEN WHEN USED TO COMBAT TERRORISM, AS DEMONSTRATED
BY THE GAL PROSECUTION. TERRORIST ACTS ARE VEHEMENTLY,
UNAMBIGUOUSLY, AND REPEATEDLY CONDEMNED BY HIGH RANKING GOS
OFFICIALS.

10. SPAIN IS NOT ONLY CONTINUING ITS STRONG CAMPAIGN AGAINST
DOMESTIC TERRORISM, BUT HAS STEPPED UP ITS EFFORTS TO IMPROVE
COUNTER-TERRORISM READINESS. THE GOS RECOGNIZES THAT THERE
WILL BE AN INCREASED RISK OF TERRORISM IN 1992 DIRECTED AGAINST
THE OLYMPIC GAMES IN BARCELONA AND ITS SATELLITE LOCATIONS, THE
WORLD'S FAIR IN SEVILLE, AND EVENTS CELEBRATING THE DISCOVERY
OF THE AMERICAS.

11. THE GOS IS CONTINUING ITS POLICY OF DISPERSING ETA AND
GRAPO PRISONERS, TO ISOLATE THEM FROM SUPPORTERS AND MAKE
RESCUE ATTEMPTS MORE DIFFICULT. ETA AND GRAPO HAVE RESPONDED
BY STEPPING UP ATTACKS AGAINST PRISON AUTHORITIES. IN 1991,
GRAPO ASSASSINATED A DOCTOR WHO TREATED GRAPO PRISONERS ON
HUNGER STRIKE.

12. THE GOS IS ALSO CONTINUING ITS REINSERTION PROGRAM, UNDER
WHICH A PRISONER CONVICTED OF TERRORISM MAY RECEIVE LIMITED
IMMUNITY IF HE RENOUNCES THE USE OF FORCE.

13. THE GOS HAS MADE JUDICIAL REFORM ONE OF ITS PRIORITIES AND
HAS INTRODUCED A BILL TO STRENGTHEN THE CRIMINAL CODE. ONE NEW
PROPOSAL WOULD REQUIRE ANYONE CONVICTED OF TERRORISM TO
COMPLETE HIS/HER FULL SENTENCE, WITH NO TIME OFF FOR GOOD
BEHAVIOR. BECAUSE OF THE 30-YEAR LIMITATION ON PRISON
SENTENCES SERVED, THE MAJOR IMPACT OF THIS CHANGE WOULD FALL ON
THOSE RECEIVING SHORTER SENTENCES, SUCH AS MINOR ACCOMPLICES,
DISCOURAGING ASSISTANCE TO TERRORISTS.

14. SPANISH LAW PROHIBITS THE PAYMENT OF RANSOM TO TERRORISTS,
CONSIDERING SUCH PAYMENT COLLABORATION. ONE BUSINESSMAN
KIDNAPPED IN LATE 1990 WAS RELEASED BY ETA IN FEBRUARY 1991,
REPORTEDLY UPON PAYMENT OF A RANSOM BY HIS FAMILY, BUT NO
PROSECUTIONS HAVE BEEN ANNOUNCED, UNLIKE A SIMILAR CASE IN
1990.

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E. MAJOR COUNTERTERRORISM EFFORTS OF 1991
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15. SPAIN COORDINATES ITS COUNTERTERRORIST ACTIVITIES THROUGH
THE EC'S TREVI GROUP AND BILATERALLY WITH MANY NATIONS,
INCLUDING THE U.S. BILATERAL ANTI-TERRORISM COOPERATION WITH
FRANCE CONTINUES TO IMPROVE AND HAS DELIVERED SOME IMPORTANT
SUCCESSES AGAINST ETA IN FRANCE.

16. DOMESTICALLY, GOS EFFORTS HAVE FOCUSED ON ETA, AS THE MOST
SOPHISTICATED AND LETHAL OF THE DOMESTIC TERRORIST GROUPS, AND
GRAPO. AS IN 1990, COOPERATION BETWEEN THE NATIONAL POLICE AND
CIVIL GUARD CONTINUES TO BE A GOS FOCUS FOR IMPROVEMENT. ONE
STEP IN THIS DIRECTION IN 1991 WAS TO RESTRUCTURE THE CIVIL
GUARD TO MORE CLOSELY PARALLEL THE ORGANIZATION OF THE NATIONAL
POLICE.

17. IN THE SUMMER OF 1991, ETA AGAIN ANNOUNCED A BOMBING
CAMPAIGN AGAINST DESIGNATED RAIL LINES, IN AN ATTEMPT TO
DISRUPT HOLIDAY TRAVEL EMBARRASS THE GOS. THE GOS MOVED
QUICKLY AND DECISIVELY TO AVOID PUBLIC PANIC AND LIMIT
INCONVENIENCE, ALTHOUGH THIS REQUIRED A HEAVY COMMITMENT OF
PERSONNEL AND RESOURCES. THREE BOMBS EXPLODED ON RAILWAY
LINES, WITH LIGHT MATERIAL AND NO HUMAN CASUALITIES.

18. DURING THE GULF WAR, THE GOS TOOK IMMEDIATE STEPS TO
INCREASE SECURITY AROUND HIGH RISK TARGETS AND DISCOURAGE ANY
ATTEMPTED MIDDLE EASTERN TERRORIST ACTIVITIES IN SPAIN. THE
GOS ALSO TOOK SIMILAR SPECIAL MEASURES TO PROVIDE SECURITY
DURING THE 1991 MIDDLE EAST PEACE CONFERENCE IN MADRID.

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F. GOS SUPPORT FOR INTERNATIONAL TERRORISM
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19. 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 ENFORCES EC SANCTIONS
AGAINST LIBYA.

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G. PUBLIC STATEMENTS SUPPORTING TERRORISM
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20. THE GOES DOES NOT ISSUE PUBLIC STATEMENTS IN SUPPORT OF
TERRORISM OR OF TERRORIST SUPPORTING COUNTRIES ON TERRORISM
ISSUES.

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H. CHANGES IN SPANISH ATTITUDES TOWARDS TERRORISM
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21. THE AWARENESS OF THE THREAT POSED BY MIDDLE EASTERN
TERRORISTS GREW IN 1991, AS SPAIN PARTICIPATED IN THE
INTERNATIONAL COALITION AGAINST IRAQI AGGRESSION AND HOSTED THE
MIDDLE EAST PEACE CONFERENCE.

CASEY

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