US embassy cable - 04THEHAGUE3025

UNCLAS SECTION 01 OF 03 THE HAGUE 003025 
 
SIPDIS 
 
DEPT FOR EUR/UBI, S/CT, INL, INR 
JUSTICE FOR OIA - JFRIEDMAN 
 
E.O. 12958: N/A 
TAGS: PTER, PINR, PINS, NL, KPRP 
SUBJECT: RECENT CT DEVELOPMENTS IN THE NETHERLANDS 
 
REF: (A) THE HAGUE 2995; (B) THE HAGUE 2929; 
 
(C) THE HAGUE 2864; (D) THE HAGUE 2831; (E) THE HAGUE 2331; 
(F) THE HAGUE 2308; (G) THE HAGUE 1595 
 
1. An update of recent CT developments in the Netherlands 
follows: 
-- PKK Training Center Dismantled 
-- Van Gogh Assassination - Continuing Fall-out 
-- AIVD Assessment Report 
-- Act on Terrorist Crimes Finally Effective 
-- Pending CT Legislation/Proposals 
-- Port and Maritime Security - ISPS Operational 
-- Air Marshals Program - Up and Running 
-- Experiment with Biometric Passports 
-- Spamming/Hacking To Be Criminalized 
-- Terrorist Financing 
-- CT Tips from Crime Hotline 
 
------------------------------ 
PKK Training Center Dismantled 
------------------------------ 
2. Following a months' long investigation, the National 
Crime Squad raided a camping farm in Liempde (North Brabant 
province - southern Netherlands) on November 12, suspected 
of housing a PKK training center.  The police arrested 29 
suspects (mainly juveniles), 23 on the camping grounds and 
nine throughout the country.  During house searches, the 
police confiscated night telescopes, instruction material, 
passports and a weapon.  According to the Federation of 
Kurds in the Netherlands (Fed-Com), the camp was just a 
place to express nationalist Kurdish sentiments and was not 
a PKK training camp. 
 
3. Police say people were being trained in "special warfare" 
and "militant profiles" to prepare for the "armed fight" of 
the PKK in Turkey.  There were indications the trainees were 
to be sent to Armenia to participate in armed PKK actions 
after training.  On November 15, the Rotterdam examining 
judge released five suspects, and two others were handed 
over to the immigration service because they did not have 
valid residence documents.  The prosecutor also asked for 
the extradition of another suspect arrested in Belgium. 
 
4. The PKK, now called Kongre-Gel, is not banned in the 
Netherlands, although it has been put on the EU list of 
terrorist organizations.  Under pending legislative 
proposals (see para 8 below), the government would be 
allowed, upon application to a court, to prohibit terrorist 
organizations on the EU terrorism lists from conducting 
activities in the Netherlands.  Under the conspiracy article 
in the new Dutch terrorist act (para 7 below), however, the 
government can still prosecute individuals preparing to 
engage in terrorist activities. 
 
---------------------- 
Van Gogh Assassination 
---------------------- 
5. Dutch film producer Theo van Gogh, known for his 
outspoken criticism of Islam, was murdered Nov. 2.  Reftels 
B and C provide additional information.  The Justice, 
Interior and Immigration Ministers sent a letter to 
Parliament on Nov. 11 detailing the government's actions 
surrounding the murder, which the Second Chamber debated the 
same day.  The letter included proposals for new CT 
measures, including providing more resources to protect 
public persons and property, setting up a special terrorist 
unit within the National Crime Squad, expanding the number 
of people under regular surveillance and enhancing efforts 
to combat violent Islamic radicalism.  Septel to follow. 
 
--------------- 
AIVD Assessment 
--------------- 
6. On Nov. 16, a blue-ribbon committee recommended 
additional resources for the civilian intelligence service 
AIVD, noted a lack of clear oversight/direction and 
suggested enhanced cooperation with police and prosecutors. 
Details provided reftel A. 
 
----------------------------------------- 
Act on Terrorist Crimes Finally Effective 
----------------------------------------- 
7. The Act on Terrorist Crimes, implementing the 2002 EU 
framework decision on combating terrorism, became effective 
August 10, 2004.  Justice Minister Donner initially proposed 
the Act in July 2002 with additional proposals submitted to 
Parliament in August 2003.  Now, recruitment for the jihad 
and conspiracy with the aim of committing a serious 
terrorist crime are made separate criminal offenses.  The 
maximum prison sentences for crimes such as homicide, gross 
maltreatment, hijacking or kidnapping will be higher if 
committed with a "terrorist purpose." 
 
-------------------------------- 
Pending CT Legislation/Proposals 
-------------------------------- 
8. In addition to the proposals discussed during the debate 
on Van Gogh's murder, other CT bills awaiting parliamentary 
action would enable use of AIVD intelligence information in 
criminal proceedings (codifying The Hague Court of Appeals' 
findings in the Courtailler - reftel G) and regulate legal 
persons and other legal entities guilty of activities 
violating the public order.  This would allow the 
government, upon application to a court, to prohibit 
terrorist organizations on the EU terrorism lists from 
conducting activities in the Netherlands. 
 
9. Interior Minister Remkes is drafting a bill to expand the 
rights of the AIVD and MIVD intelligence services to search 
personal files, even if they concern names and data of non- 
suspect persons.  The services could use the information to 
discern "patterns" within groups of people.  Remkes also 
wants to allow the services to demand information directly 
from other government bodies and take immediate action upon 
discovery of terrorist activities, without having to go to 
the police first.  The Minister announced in early August 
the establishment of a third independent intelligence 
service, the National Sigint (Signals Intelligence) 
Organization (NSO), which currently is part of MIVD, the 
military intelligence service.  The NSO, which intercepts 
information from communication satellites, will be 
comparable to the NSA in the U.S. 
 
10. CT Coordinator Joustra's September 10 plan to streamline 
Dutch counterterrorism policies includes legislative 
proposals, such as lowering the threshold for granting use 
of special investigation methods, e.g. phone taps, 
infiltration and surveillance, extended custody of suspects, 
increased opportunities for preventive search of persons, 
cars and packages, and expanded power for prosecutors to 
request data from private organizations (reftel F).  On 
November 11, Justice Minister Donner circulated a proposed 
bill implementing Joustra's plan to various organizations 
for their review. 
 
-------------------------- 
Port and Maritime Security 
-------------------------- 
11. On July 9, 2004, the Dutch Port Security Act became 
effective, complying with the IMO's International Ship and 
Port Facility Security (ISPS) Code.  The Netherlands also 
has approved security plans for all 18 of its seaports as 
required by the Code. 
 
------------ 
Air Marshals 
------------ 
12. In July 2004, the government approved an experiment with 
air marshals of the Royal Military Police (KMar) on certain 
KLM and Martinair flights.  Only the flight captains are 
informed when the marshals are on board.  The experiment, to 
be evaluated at a later date, is paid for by the Government. 
It resulted from an agreement between pilots, unions, the 
government and the airlines.  Teun Platenkamp, KLM chief of 
security, said, if confronted with the possibility of a 
"passenger of concern" on a KLM flight (which would 
necessitate the placing of marshals on board), the airline 
would probably cancel the flight. 
 
------------------- 
Biometric Passports 
------------------- 
13. A six-month experiment with biometric data in travel 
documents began in six Dutch cities on September 1.  The 
voluntary test "2B or not 2B" is for people who request new 
travel documents.  Some 15,000 people are expected to 
participate.  Two fingerprints will be electronically 
scanned and a temporary/pilot passport book will be issued 
with a chip with the fingerprints.  When the applicant 
returns to collect his/her new normal/permanent passport, 
the authorities will check to see that the passport's data 
match the applicant's fingerscan.  This is intended to 
verify the equipment is working.  The pilot passports with 
biometric data will not be put into circulation. 
 
----------- 
Cyber Crime 
----------- 
14. On November 5, the Cabinet approved a bill to 
criminalizes and enhance punishment for hacking and 
spamming: serious forms of spam emails and disturbing access 
to or use of systems would become crimes; the penalty for 
hacking computer systems would be raised to one year; the 
maximum sentence for stealing information when hacking 
computer systems would be four years; and preparing for 
computer crime would be punished with one to four years. 
The bill, which implements the 2001 international Cyber 
Crime Convention, has now been sent to the Council of State 
(the highest advisory body to the government) for its 
recommendation.  Upon approval, it will be forwarded for 
parliamentary consideration. 
 
------------------- 
Terrorist Financing 
------------------- 
15. On August 20, the Amsterdam public prosecutor's office 
said it would investigate possibilities of banning the Dutch 
branch of the Al-Haramain foundation, which allegedly has 
ties with Al-Qaida and the fundamentalist El Tawheed mosque 
in Amsterdam.  In July, the Saudi "charity" was placed on 
the international freeze list.  The government responded by 
freezing all financial assets of the Dutch branch of Al- 
Haramain (reftel E).  These actions track with the 
government's policy to improve control on non-profit 
organizations, which may be engaged in terrorist financing. 
The Cabinet has proposed requiring foundations to submit 
their annual reports to the Chambers of Commerce making it 
easier to check whether or not foundations are used as a 
cover for terrorist financing. 
 
16. The Dutch press reported in August that the El Tawheed 
mosque appeared to be benefiting from international measures 
against terrorist financing.  Apparently, it now does not 
have to pay back a 1.4 million-euro loan to Saudi Aqeel 
Abdulaziz Al-Aqil, which was put on the freeze list.  The 
Finance Ministry warned the mosque it would be prosecuted if 
it paid off the loan. 
 
17. Foreign Minister Bot announced in Parliament on November 
1 the government's intention to seek EU designation of both 
the political and military branches of the Lebanese 
Hizballah.  See reftel D for further details. 
 
18. Europol will host a two-day meeting of US-EU terrorist 
financing practitioners November 29-30 in The Hague to 
exchange information on lessons learned and best practices 
concerning the investigation and prosecution of terrorist 
financing cases and the effect of the designation process on 
these cases. 
 
---------------------------- 
Tips about Terrorist Attacks 
---------------------------- 
19. The daily newspaper Telegraaf reported Nov. 14 the 
anonymous crime reporting hotline, set up by the Justice and 
Interior Ministries a year ago, had received about 350 
"serious" tips about possible terrorist actions since the 
Van Gogh murder Nov. 2.  All relevant tips are passed on to 
the AIVD.  So far this year, about 560 tips about security 
and possible terrorism have been reported. 
 
Sobel