US embassy cable - 02AMMAN5627

S E C R E T SECTION 01 OF 02 AMMAN 005627 
 
SIPDIS 
 
DEPT FOR NEA/ARN, EUR/UBI, EUR/NB, AND S/CT 
DOJ FOR OIA: SWARTZ AND FRIEDMAN 
BRUSSELS FOR LEGATT 
 
E.O. 12958: DECL: 09/30/2012 
TAGS: PREL, PTER, NL, JO 
SUBJECT: MULLAH KREKAR:  DUTCH EMBASSY SAYS SECOND SET OF 
JORDANIAN EXTRADITION PAPERS NOT YET UP TO SNUFF 
 
REF: A. THE HAGUE 2778 
 
     B. AMMAN 5528 AND EARLIER 
 
Classified By: DCM Gregory L. Berry for reasons 1.5 (B) and (D) 
 
1.  (C)  The Jordanian MFA on September 26 presented to the 
Dutch Embassy in Amman a second, somewhat more detailed 
request for the extradition of Mullah Krekar to Jordan on 
narcotics charges.  According to Dutch DCM Peter van der 
Vliet, the Arabic diplomatic note covering the second 
extradition request pledged that the GOJ will try Krekar only 
on the charges for which he is extradited, and that the GOJ 
would "not bring other charges for which the defendant could 
receive the death penalty."  The Dutch Embassy secure faxed 
the second document to the MFA in The Hague on September 26. 
 
2.  (S)  Van der Vliet called PolCouns September 29 to 
express his Embassy's concern that the second request -- 
although better than the first -- still falls short of what a 
Dutch court will need to extradite Krekar to Jordan.  Van der 
Vliet said that he had received over the weekend a list of 
additional information requested by the Dutch Ministry of 
Justice.  This request for more information, he commented, 
was dated September 26, so he did not know whether it was 
formulated before or after receipt of the second Jordanian 
document.  The request from the Dutch MOJ asked for 
information in four areas: 
 
--  an explanation of the legal authority in Jordan that is 
the basis for the extradition request; 
--  a request for more specific evidence to support the 
narcotics trafficking charges against Krekar, including a 
complete description of the alleged crime and (unspecified) 
evidence to support the charges; 
--  an explanation of the role and place of the Jordanian 
State Security Court in Jordan's judicial system, and a 
description of the structure and legal procedures used by the 
court; and, 
--  explicit guarantees that Krekar would be tried only on 
the charge for which he is extradited, and that he would not 
receive the death penalty. 
 
Van der Vliet said that the Dutch Embassy would submit these 
requests for information to the Jordanian MFA in a diplomatic 
note on September 30. 
 
3.  (S)  Van der Vliet underscored, however, his and his 
Ambassador's concern that the GOJ -- and particularly the 
State Security Court prosecutor's Office, which has prepared 
the two extradition requests to date -- does not understand 
what is required to convince a Dutch judge to extradite 
Krekar.  He urged the USG to press the GOJ to submit more 
supporting evidence and documents, and to assist the GOJ in 
preparing and packaging future submissions.  Van der Vliet 
said the Dutch Embassy and MFA want to make sure that Krekar 
is extradited to Jordan, but think the Jordanians will need 
help to make it happen. 
 
4.  (S)  Jordanian MFA Legal Advisor Samer Naber relayed 
similar concerns to PolCouns separately on September 29. 
Naber said he had recommended that his office -- not the 
State Security Court prosecutor's office -- prepare the 
extradition papers.  He expressed concern that the 
prosecutor's documents provide neither substantive proof of 
the charges against Krekar nor a defense of the due process 
protections incorporated in the State Security Court.  He 
fears that a Dutch judge will equate "Security Court" with 
"third world military tribunal" and dismiss out of hand the 
validity of the court's charges.  He said that he had 
recommended that, to assuage these potential Dutch fears, 
Krekar be removed from the jurisdiction of the State Security 
Court and be tried in a regular criminal court.  Naber said 
the prosecutor overruled him on both counts. 
 
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COMMENT 
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5.  (S)  We agree with the Dutch Embassy and the MFA's legal 
advisor that the GOJ could use additional assistance in 
preparing its case for the Dutch courts.  We would appreciate 
any comments or clarification Embassy The Hague can provide 
on the legal standards for extradition, as well as likely 
arguments the court will permit the defense to raise (e.g. 
attacking the validity of charges brought before the State 
Security Court, or directly challenging Jordanian 
evidence/confessions). 
GNEHM