US embassy cable - 02AMMAN5528

S E C R E T SECTION 01 OF 02 AMMAN 005528 
 
SIPDIS 
 
DEPT FOR NEA, NEA/ARN, EUR/EB, AND S/CT 
DOJ FOR OIA: SWARTZ AND FRIEDMAN 
BRUSSELS FOR LEGATT 
 
E.O. 12958: DECL: 09/25/2012 
TAGS: PREL, PTER, NL, NO, JO 
SUBJECT: GOJ TO APPROACH DUTCH TO ASK THAT MULLAH KREKAR 
NOT BE EXPELLED TO NORWAY 
 
REF: A. BERRY/RUSSELL TELCON 9/25/02 
 
     B. THE HAGUE 2722 
     C. AMMAN 5398 
     D. OSLO 2169 
     E. THE HAGUE 2659 
 
Classified By: DCM Gregory L. Berry for reasons 1.5 (B) and (D) 
 
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EXPELLING KREKAR TO NORWAY? 
--------------------------- 
 
1.  (S)  Following ref a telcon, DCM and PolCouns September 
25 called on Acting Foreign Minister Shaher Bak and Personal 
Assistant to Foreign Minister Muasher, Ali al-Ayed, regarding 
the GOJ's request for the extradition of Najmuddin Faraj 
Ahmad (aka Mullah Krekar) from Holland.  The DCM explained 
that the Dutch said they were worried that, if Norway strips 
Krekar of his refugee status and the 3-judge panel in the 
October 9 extradition hearing denies Jordan's extradition 
request, the GONL will be forced to release Krekar -- an 
outcome the Dutch (and Jordanians) definitely do not want. 
Consequently, we understand that the GONL may attempt to 
expel Krekar to Norway before his refugee status/travel 
documents are revoked. 
 
2.  (S)  Bak said that he would call the Dutch Ambassador in 
Amman and urge the GONL to continue with the process of 
extradition to Jordan (including the October 9 hearing), to 
consult closely with the GOJ before taking any action in the 
case, and  to not/not expel Krekar to Norway.  He instructed 
al-Ayed to contact the Jordanian Ambassador in the Hague, who 
was to deliver the same message to the GONL. 
 
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GOJ EXTRADITION REQUEST TO NORWAY IN TRAIN 
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3.  (S)  Al-Ayed confirmed in a subsequent conversation that 
the Jordanian Ambassador in the Hague had expressed to the 
Dutch MFA Jordanian concerns about the possible expulsion of 
Krekar to Norway.  Al-Ayed said that the Dutch had advised 
Jordan to submit a separate extradition request for Krekar to 
Norway.  Acting FonMin Bak also spoke to the Dutch Ambassador 
in Amman making similar points, and will see her on September 
26.  Bak also plans to see the Norwegian Ambassador in Amman 
separately on September 26. 
 
4.  (S)  Both before and after the conversation with Bak, we 
talked with al-Ayed to make sure that the Jordanians 
understand the possible need for making a separate 
provisional arrest and extradition request of Norway. 
Al-Ayed said that the GOJ had already begun the process of 
requesting that Norway arrest and extradite Krekar.  Finally, 
we understand that Jordanian GID Chief Kheir phoned PM Ali 
Abul Ragheb on this case September 25, and that Abul Ragheb 
subsequently called FonMin Marwan Muasher (who is currently 
in Washington) to discuss next steps.  As of 1930 local 
September 25, we do not know what follow on actions Muasher 
may have taken. 
 
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TECHNICAL ISSUES RELATED TO THE EXTRADITION REQUEST 
--------------------------------------------- ------ 
 
5.  (S)  On other related topics, during the meeting with 
Acting FonMin Bak, the DCM said that, even if this issue of 
Krekar's possible expulsion to Norway is resolved, it appears 
that the GOJ will still have to deal with two other technical 
issues related to the extradition request.  First, the GOJ 
will have to pledge that Krekar will not receive the death 
penalty.  Second, the GOJ will have to pledge that he will be 
tried only on the charges for which he is extradited, i.e. 
narcotics trafficking.  Bak said that the GOJ is prepared to 
pledge that Krekar will not be given the death penalty, and 
that he will be tried only on the narcotics trafficking 
charges on which the extradition is based.  He also said that 
he would consider recommending that Jordanian Justice 
Minister Faris Nabulsi contact Dutch Justice Minister Donner 
to express the GOJ's very strong interest in progress on 
their extradition request. 
 
6.  (S)  Bak commented, however, that the twenty day delay in 
the Dutch court proceedings may not provide sufficient time 
for the GOJ to prepare the more detailed extradition request. 
 The military prosecutor's office, Bak noted, would have to 
research and collect the related documents and court records, 
prepare the request in Arabic, translate it and the documents 
into English, then make sure the translations, format, and 
procedures were proper.  He hoped the GOJ could be given more 
than 20 days to produce the final extradition request. 
 
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COMMENT 
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7.  (S)  The GOJ is pressing ahead with its detailed 
extradition request paperwork.  We have offered USG 
assistance in reviewing the final documents to assure that 
they meet Dutch court standards.  We recommend that the 
Department contact FonMin Muasher in Washington to ascertain 
what actions he might have taken today from Washington. 
 
GNEHM