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Cablegate: Spain: 1988 Annual Terrorism Report

O 092031Z DEC 88
FM AMEMBASSY MADRID
TO SECSTATE WASHDC IMMEDIATE 7349

UNCLAS MADRID 15938

S/CT FOR WHARTON

E.O. 12356: N/A
TAGS: PTER SP
SUBJECT: SPAIN: 1988 ANNUAL TERRORISM REPORT

REF: STATE 357278

JUDICIAL RESPONSES AND MAJOR COUNTERTERRORISM EFFORTS
--------------------------------------------- --------
1. SPAIN AND THE U.S. SIGNED A SECOND SUPPLEMENTAL EXTRADITION
TREATY ON FEBRUARY 9, 1988 THAT STRENGTHENED COOPERATION
AGAINST INTERNATIONAL TERRORISM BY PROVIDING THAT ANY FUGITIVE
CHARGED WITH A VIOLENT CRIME CANNOT DEFEAT EXTRADITION BY
CLAIMING HIS OFFENSE WAS POLITICAL IN NATURE. THE USG AND THE
GOS ARE CURRENTLY NEGOTIATING A TREATY OF MUTUAL LEGAL
ASSISTANCE (MLAT).

2. DURING 1988, SPAIN REPEALED ITS TOUGH ANTI-TERRORIST LAW
DUE TO A 1987 RULING COURT RULING THAT CERTAIN SECTIONS OF THE
LAW, INCLUDING A PROVISION PERMITING UP TO TEN DAYS DETENTION
PRIOR TO THE FILING OF CHARGES, WERE UNCONSTITUTIONAL.
HOWEVER, MOST PROVISIONS OF THE OLD ANTI-TERRORIST LAW WERE
INCORPORATED INTO THE ORDINARY PENAL CODE. THE NEW
LEGISLATION, WHICH TOOK EFFECT ON MAY 26, PROVIDES THAT
ARRESTEES IN TERRORISM CASES CAN BE HELD FOR UP TO FIVE DAYS
WITHOUT CHARGES BEING FILED.

3. THE SPANISH COURTS DURING 1988 CONTINUED TO DEAL STERNLY,
ALTHOUGH WITHIN CONSTITUTIONAL LIMITS, WITH TERRORIST CASES.
FOUR MEMBERS OF THE BASQUE TERRORIST GROUP ETA WERE SENTENCED
ON MARCH 14, 1988 TO 74 YEARS IN PRISON FOR POSSESION OF ARMS
AND EXPLOSIVES, DESTRUCTION OF PROPERTY AND BELONGING TO AN
"ARMED BAND." ALSO ON MARCH 14, AN ETA MILITANT WAS SENTENCED
TO 50 YEARS ON CHARGES OF MURDER, ATTEMPTED MURDER AND OTHER
OFFENSES. IN EARLY 1988 THE DISTRICT COURT IN MADRID, HOWEVER,
FOUND INNOCENT FIVE ALLEGED MEMBERS OF AN ETA OPERATIONAL UNIT
("COMANDO") ON THE GROUNDS THAT "SERIOUS DOUBT" EXISTED
REGARDING THEIR GUILT, AND THAT THE STATEMENTS MADE BY THE
DEFENDANTS TO THE SPANISH NATIONAL POLICE WERE NOT "FREELY
GIVEN."

4. THE GOS ANNOUNCED ON DECEMBER 2, 1988 A 380 MILLION DOLLAR
PLAN TO MODERNIZE THE POLICE. ACCORDING TO DIRECTOR FOR STATE
SECURITY RAFAEL VERA, ONE OF THE PRIORITIES OF THE PLAN IS THE
STRENGTHENING OF ANTITERRORIST PROGRAMS, INCLUDING NEW COMPUTER
DATABASES AND NEW EQUIPMENT FOR THE FIELD SUCH AS ARMOURED
VEHICLES.

INTERNATIONAL COOPERATION
-------------------------
5. SPAIN PARTICIPATES ACTIVELY IN THE TREVI GROUP AND WILL BE
TREVI PRESIDENT FOR THE FIRST SIX MONTHS OF 1989. ON DECEMBER
8, SPAIN PROPOSED THAT THE TREVI GROUP FORM A COMMITTEE TO
STUDY THE SECURITY IMPLICATIONS AND RECOMMEND COORDINATION OF
LEGISLATION AND PRACTICAL SECURITY RESPONSES REGARDING THE
OPENING OF EC BORDERS IN 1992, ESPECIALLY WITH RESPECT TO DRUG
TRAFFICKING AND TERRORISM. THE GOS ALSO COOPERATES IN
ANTI-TERRORIST OPERATIONS ON A BILATERAL BASIS, AS DEMONSTRATED
BY THE JOINT U.K.-GOS EFFORT THAT RESULTED IN THE SHOOTING OF
THREE IRA TERRORISTS IN GIBRALTAR ON MARCH 6, 1988. THE
TERRORISTS HAD BEEN UNDER OBSERVATION BY THE SPANISH POLICE FOR
MONTHS BEFORE THEY ENTERED GIBRALTAR FROM SPAIN. IN ADDITION,
FRANCE AND SPAIN MAINTAIN A POLICE LIAISON OFFICE TO STRENGTHEN
ANTI-TERRORIST COOPERATION.

NO SUPPORT FOR INTERNATIONAL TERRORISM
--------------------------------------
6. THE GOS DOES NOT SUPPORT, EITHER FINANCIALLY OR
DIPLOMATICALLY, ANY INTERNATIONAL TERRORIST ACTIVITIES. THE
PLO MAINTAINS A REPRESENTATIVE OFFICE IN MADRID THAT DOES NOT
HAVE DIPLOMATIC STATUS. THERE HAS BEEN NO CHANGE IN THE NATURE
OF THIS OFFICE SINCE 1987; THE GOS DECLINED A 1987 PLO REQUEST
FOR DIPLOMATIC STATUS.

BARTHOLOMEW

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