US embassy cable - 05MADRID3528

UNCLAS MADRID 003528 
 
SIPDIS 
 
SENSITIVE 
 
EUR/WE FOR ALLEGRONE AND HALL 
S/CT FOR MARC NORMAN 
 
E.O. 12958: N/A 
TAGS: PTER, PREL, SP, Counterterrorism 
SUBJECT: "SPANISH TALIBAN" SENTENCED TO SIX YEARS IN PRISON 
 
1. (U) Spain's High Court sentenced Spanish national Hamed 
Abderrahman Ahmed to six years in prison for "membership in a 
terrorist organization."  Abderrahman, who was transferred to 
Spain from the U.S. base at Guantanamo in February 2004, is 
known in the press as the "Spanish Taliban" because he is the 
only Spanish national known to have been detained in 
Afghanistan fighting alongside Taliban forces.  The two years 
he served under U.S. detention in Guantanamo will not/not 
count towards his six-year term. 
 
2. (U) Though Abderrahman spent four months in detention 
following his transfer from Guantanamo, Judge Baltasar Garzon 
released him on bail in July 2004 after having determined 
that information obtained from Adberrahman while he was being 
held "illegally" in Guantanamo could not be used against him 
in a Spanish court.  However, Spanish police continued to 
interview and investigate Abderrahman and that information, 
together with testimony by witnesses during the 
recently-concluded trial of the al-Qa'ida cell led by Imad 
Eddin Barakat Yarkas, led the High Court to accept demands by 
prosecutors to try Abderrahman for crimes committed in Spain. 
 
 
3. (U) The High Court unexpectedly ordered Abderrahman's 
trial in late September, catching both prosecutors and 
defense attorneys off guard.  During the one-day trial, 
Abderrahman's attorney argued that the evidence against him 
had been obtained illegally and could not be admitted into 
the trial.  However, prosecutor Jesus Santos presented 
evidence obtained by Spanish authorities showing that 
Abderrahman had sought out al-Qa'ida recruiters and went to 
Afghanistan for training and to join a terrorist 
organization.  The High Court agreed and convicted 
Abderrahman to six years in prison (the maximum sentence for 
membership in a terrorist group is nine years).  The Embassy 
has requested a copy of the sentencing document from the 
National Prosecutor's office to undertake a closer review of 
the evidence against Abderrahman. 
 
4. (SBU) The Embassy is investigating whether Spanish 
prosecutors are planning similar action against Lahcen 
Ikassrien, the Moroccan national transferred from Guantanamo 
to Spanish custody in July 2005 at the request of Spanish 
authorities. 
AGUIRRE