US embassy cable - 05THEHAGUE2693

C O N F I D E N T I A L THE HAGUE 002693 
 
SIPDIS 
 
STATE FOR EUR/UBI, AF/S 
 
E.O. 12958: DECL: 10/05/2015 
TAGS: KPAO, PBTS, XA, PREL, AO, NL 
SUBJECT: NETHERLANDS/ANGOLA:  COURT SEEKS MORE INFORMATION 
FROM MFA ON BEMBE 
 
REF: A. THE HAGUE 2556 (AND PREVIOUS) 
 
     B. HOOIJKAAS-FRIEDMAN E-MAILS 10/05/05 
 
Classified By: Charge Blakeman for Reasons 1.4 (b), (d) 
 
1.  (C) SUMMARY:  The Hague District court adjourned the 
extradition hearings for Antonio Bento Bembe until November 
14 and asked the Dutch Ministry of Foreign Affairs (MFA) to 
provide additional clarification of the circumstances under 
which Bembe came to the Hague.  If the court finds that the 
MFA implicitly offered "safe passage" to Bembe, it is likely 
to reject the U.S. extradition request.  In response to 
parliamentary questioning, FM Bot stated that extraditing 
Bembe could have a negative impact on the Cabinda Peace 
Process but did not take a formal position on the merits of 
the case.  In a meeting with Dutch MFA POLDIR Hugo Siblesz, 
Charge urged the Dutch to treat the case as a criminal matter 
and to respond favorably to the U.S. extradition request. 
END SUMMARY. 
 
BEMBE RELEASED; COURT SEEKS MORE ANSWERS FROM MFA 
--------------------------------------------- ---- 
 
2. (SBU) The Hague District court adjourned hearings on the 
U.S. request for the extradition of Antonio Bento Bembe for 
the second time on October 4; the hearings will resume on 
November 14.  The court released Bembe from detention pending 
the new trial date, but ordered him to turn over his false 
passports and report daily to police. 
 
3. (SBU) The court requested further clarification from the 
MFA on its role in bringing Bembe to The Hague - where he was 
arrested June 21 of last year.  The implication of the 
court's questions suggested that Bembe's arrest could be 
rendered unlawful if the Foreign Ministry had implicitly 
granted Bembe safe passage.  In responses provided to the 
court following the initial September 13 proceedings (ref b), 
the MFA described its role as limited to granting Bembe a 
visa and specifically denied that the visa granted Bembe a 
"privileged status."  The MFA also reported that it had 
checked available lists of wanted persons prior to issuing 
the visa and did not find Bembe's name or alias. 
 
4. (SBU) According to a Justice Ministry contact who attended 
the hearing, the court was clearly unsatisfied with the 
answers the MFA has provided to date regarding the 
circumstances of Bembe's visa issuance.  The contact noted it 
appeared that the chances the court would grant the 
extradition appeared "slim," barring any new developments. 
 
MFA COMMENTS ON CASE 
-------------------- 
 
5.  (U) Separately, Foreign Minister Bot was asked to answer 
questions about the case in parliament,  In a written 
statement released to parliament, Bot clarified that the MFA 
issued Bembe a visa because it believed Bembe played a key 
role in the Cabindan peace process, and asserted that the 
Dutch believe his arrest and extradition could have negative 
repercussions for the peace negotiations.  The statement 
denied that the MFA and MOJ had had contact on the case prior 
to the arrest, and stated that it would be "inappropriate" to 
comment on whether preserving the peace process should take 
priority over the U.S. extradition request. 
 
6. (C) In a meeting with Charge on October 4, MFA Political 
Director Hugo Siblesz described the Bembe case as an 
"embarrassment," since the MFA had apparently issued the visa 
without realizing there was an Interpol red notice on Bembe. 
(Comment:  This point appears to have been glossed over in 
the MFA's answers to the court noted above.)  Siblesz 
reiterated that the MFA believed Bembe's extradition would 
complicate the Cabinda peace process and asked if the U.S. 
was taking this into consideration.  Charge responded that 
the U.S. had considered the implications of Bembe's arrest 
carefully but disagreed with the Dutch assessment.  He urged 
that the case be handled as a purely criminal matter.  On 
that basis, the Charge added, the court should be able to 
reach a positive decision on extraditing Bembe to stand trial 
in the U.S. 
BLAKEMAN