US embassy cable - 05MADRID2344

UNCLAS MADRID 002344 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT PASS TO EUR/WE 
EUR/OHI 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, SP 
SUBJECT: SPAIN: AMBASSADOR O'DONNELL ENGAGES SPAIN ON 
HOLOCAUST ISSUES 
 
 
1. (SBU) SUMMARY: On June 10, following the OSCE's Conference 
in Cordoba on Anti-Semitism and other forms of intolerance, 
Ambassador Edward O'Donnell, U.S. Special Envoy for Holocaust 
Issues, met with Ambassador Ana Salomon Perez, the Spanish 
envoy for Jewish Affairs, to discuss Spanish membership in 
the Task Force on International Cooperation on Holocaust 
Education, Remembrance and Research (ITF), the claim of AMCIT 
Claude Cassirer to a Pissarro painting in the Thyssen museum, 
and the USG Global Anti-Semitism Report.  Spain offered to 
send a delegation to observe the ITF Warsaw plenary to learn 
more about ITF's mission and requirements.  Ambassador 
Salomon also said that the GOS may be able to exercise 
"political will" to resolve the painting issue in a manner 
that is amenable to both sides, although many legal obstacles 
remain to resolution of the issue.  Finally, Ambassador 
Salomon noted steps taken by the GOS in regard to 
anti-Semitic incidents within Spain.  END SUMMARY. 
 
2. (U) On June 10, Ambassador Edward O'Donnell, U.S. Special 
Envoy for Holocaust Issues, met MFA Envoy for Jewish Affairs 
Ambassador Ana Salomon Perez.  Ambassador O'Donnell opened by 
explaining the purpose of the Task Force on International 
Cooperation on Holocaust Education, Remembrance and Research, 
outlining the process for membership and suggesting that the 
GOS send an observer to the next plenary session in Warsaw 
the last week of June.  Ambassador Salomon responded that the 
GOS will speak to the Spanish Jewish Community about the 
issue and would likely send an observer delegation. 
 
3. (SBU) Ambassador O'Donnell also addressed the ongoing 
issue between AMCIT Claude Cassirer, the descendant of a 
Holocaust victim, and the Thyssen Museum, located in Madrid, 
over possession of the Camille Pissarro painting, "Rue Saint 
Honore".  He suggested that the GOS should encourage the 
museum to find a mutually acceptable resolution to the 
dispute, possibly via binding arbitration, and noted that 
Spain had joined the consensus to the 1998 Washington 
Conference principles, which recommended alternate dispute 
resolution mechanisms to resolve these issues.  Ambassador 
Salomon responded that the GOS had spoken with the museum on 
this issue and ventured that it would not be resolved easily. 
 She said that the museum wanted to retain the painting in 
its collection and noted that the legal process would be 
lengthy, as Cassirer would need to prove ownership.  She 
added that the rights of the museum, which purchased the 
piece in good faith, had to be protected.  In addition, 
Ambassador Salomon said that the GOS believes that the 
American court system does not have jurisdiction in this case 
and that Spanish law would apply, as the painting was present 
in Spain.  Finally, Ambassador Salomon noted that the Thyssen 
Foundation is private and that the government could not force 
it to provide compensation without a judicial resolution in 
regard to possession of the painting.  As a result, she 
believes that the GOS will need to exercise "political will" 
to find a solution and that Foreign Minister Moratinos had 
already contacted Cultural Minister Carmen Calvo on the issue. 
 
4. (U) Ambassador O'Donnell then explained the process behind 
the Global Report on Anti-Semitism and the need to work 
together to fight anti-Semitism and prevent future genocides. 
 He noted that follow-up to the Cordoba Conference should be 
at the expert level by all OSCE participating states.  He 
also stated the U.S. support for the mandates of its special 
representatives and attacking the problem via education, 
legislation and law enforcement.  Ambassador Salomon 
responded with examples of GOS action against anti-Semitic 
activity and expressed an interest in further communication 
on this topic. 
 
5. (SBU) COMMENT: Ambassador Salomon clearly seems to want to 
take an active approach to her Holocaust issues portfolio in 
general.  Previously, Spanish authorities and the museum had 
been unwilling to engage in discussion about the status of 
the Pissarro painting.  This meeting indicates that the GOS 
may now recognize that it has a role to play in resolving the 
issue.  END COMMENT 
 
6. (U) This cable has been cleared by Ambassador O'Donnell. 
 
MANZANARES