US embassy cable - 02AMMAN5398

MULLAH KREKAR CASE: STATE OF PLAY IN JORDAN

Identifier: 02AMMAN5398
Wikileaks: View 02AMMAN5398 at Wikileaks.org
Origin: Embassy Amman
Created: 2002-09-19 08:50:00
Classification: SECRET//NOFORN
Tags: PTER KJUS PREL NO NL IZ JO
Redacted: This cable was not redacted by Wikileaks.
This record is a partial extract of the original cable. The full text of the original cable is not available.

S E C R E T SECTION 01 OF 02 AMMAN 005398 
 
SIPDIS 
 
NOFORN 
 
DOJ FOR OIA:BRUCE SWARTZ, JUDI FRIEDMAN; BRUSSELS FOR 
LEGATT; STATE FOR EUR/NB AND S/CT 
 
E.O. 12958: DECL: 09/18/2012 
TAGS: PTER, KJUS, PREL, NO, NL, IZ, JO 
SUBJECT: MULLAH KREKAR CASE: STATE OF PLAY IN JORDAN 
 
REF: A. (A) OSLO 2169 
     B. (B) THE HAGUE 2659 
     C. (C) KOSNETT/SILLIMAN TELECONS 
     D. (D) BERRY/RUSSEL E-MAILS 
 
Classified By: AMBASSADOR EDWARD W. GNEHM.  REASONS 1.5 (B,D). 
 
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Summary 
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1. (S) Post has been in contact with the GOJ and the Dutch 
Embassy this week regarding the Mullah Krekar case, and has 
provided materials to assist the Jordanians with preparation 
of their extradition request to the Netherlands.  This cable 
recounts steps taken thus far.  End Summary. 
 
------------------- 
Sunday September 15 
------------------- 
 
2. (S) Following weekend e-mails (ref d), Charge, PolCouns, 
and Legatt met with Justice Minister Faris Nabulsi and raised 
the Mullah Krekar issue.  We encouraged the Minister to 
coordinate the GOJ's case with the Military Prosecutor's 
Office and the General Intelligence Directorate (GID), as 
well as with his Dutch counterpart.  After the meeting, the 
Minister's Aide phoned PolCouns to say that the MOJ had 
spoken to the Military Prosecutor's Office, who were in the 
process of drafting preliminary documents to give to the 
Dutch. 
 
-------------------- 
Monday September 16 
-------------------- 
 
3. (S) PolCouns met with Ali Al-Ayed, personal assistant to 
FonMin Muasher, and Samer Naber, the MFA's Legal Advisor, 
immediately after they had turned over the GOJ's preliminary 
request for extradition to the Dutch DCM Peter Van der Vliet. 
 PolCouns offered USDOJ assistance to Jordan as it prepares 
any subsequent submission for the Dutch court system. 
 
-------------------- 
Tuesday September 17 
-------------------- 
 
4. (S) PolCouns met with Dutch DCM Van der Vliet who reported 
that initial indications from both the Dutch MOJ and MFA in 
The Hague are that the 3-page Jordanian document submitted on 
9/16 would be "good enough" to have Dutch custody over Mullah 
Krekar extended for 20 days.  It would not, however, be 
sufficient for a Dutch judge to order extradition.  Van der 
Vliet mentioned that the GONL is considering sending a legal 
expert to Jordan to help the Jordanians properly structure 
its follow-on legal documents. 
 
---------------------- 
Wednesday September 18 
---------------------- 
 
5. (S/NF) PolCouns met again with the MFA's Ali al-Ayed and 
passed to him the DOJ/OIA materials on how to draft documents 
for the Dutch legal system, and again offered USDOJ 
assistance.  Al-Ayed commented that he didn't know how much 
influence the MFA or MOJ would have on this case as the 
Military Prosecutor's Office and GID are handling all of the 
paperwork. 
 
6. (S) ORCA has passed the same materials and has made the 
same offers of USG assistance through their own channels. 
 
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Comment 
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7.  (S/NF)  Given the nature of the charges in this case, it 
is being handled by the State Security Court prosecutor's 
office, and is being coordinated by the GID -- both entities 
that have little institutional experience in preparing 
documents for other legal systems.  In addition, the GOJ is 
unclear about the legal hurdles it will have to clear in 
presenting its more detailed extradition argument.  For 
example, do the Jordanians merely have to show that they have 
legitimate, pre-existing, and extraditable drug charges 
against Krekar, or must they make a prima facie case 
including evidence?  If they need to make a more detailed 
case, to what degree of proof, and with what kind of evidence 
(court records of the charges, transcripts of the confessions 
of the convicted drug runners) must that case be made?  Does 
the GOJ have to refer specifically to the Vienna Convention 
and cite it as the basis for extradition, or will Dutch 
prosecutors do that before the court?  Will the Dutch defense 
be able to challenge the Jordanian evidence, the reputation 
of Jordanian courts or the mixed civilian/military nature of 
the State Security Court (in which the drug charges were 
brought)?  How important is the format and use of specific 
Dutch or English legal terms to the case? 
 
8.  (S/NF)   Finally, given that information on this case is 
coming to the GOJ in different channels, and that we are not 
confident of the level of Jordanian interagency coordination, 
Embassy Amman would appreciate frequent readouts on the 
status of the case so that we can be sure all involved GOJ 
entities have the most current information. 
GNEHM 

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