US embassy cable - 88MADRID15938

SPAIN: 1988 ANNUAL TERRORISM REPORT

Identifier: 88MADRID15938
Wikileaks: View 88MADRID15938 at Wikileaks.org
Origin: Embassy Madrid
Created: 1988-12-09 20:31:00
Classification: UNCLASSIFIED
Tags: PTER SP
Redacted: This cable was not redacted by Wikileaks.
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  DURING 1988, SPAIN REPEALED ITS TOUGH ANTI-TERRORIST LAW 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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