US embassy cable - 05THEHAGUE2850

C O N F I D E N T I A L SECTION 01 OF 02 THE HAGUE 002850 
 
SIPDIS 
 
STATE FOR EUR/UBI, S/ST, D/HS, INL 
DOJ FOR OIA - JUDI FRIEDMAN 
 
E.O. 12958: DECL: 10/20/2015 
TAGS: PGOV, PINR, PINS, PTER, NL, KPRP 
SUBJECT: PROSECUTORS ON DUTCH TERROR ARRESTS 
 
REF: THE HAGUE 2793 
 
Classified By: GLOBAL ISSUES SECTION CHIEF SUSAN GARRO FOR REASONS 1.4 
(b) AND (d) 
 
1.  (C)  Summary.  Dutch prosecutors responsible for 
terrorist cases confirmed during an October 17 lunch that the 
timing of the arrests of seven terror suspects on October 14 
was driven by intelligence information indicating the threat 
of an imminent attack; they did not provide details on the 
specific threat.  They said that while the National 
Prosecutors, Office would have preferred to delay the 
arrests to permit additional evidence collection, they 
understood why the arrests had to be carried out immediately. 
 They acknowledged that convictions were not assured.  The 
October 14 arrests bring the total number of suspected 
Hofstad Group members facing trial on terrorist charges to 
19, 17 of whom are in custody.  End Summary. 
 
2.  (C) Four key officials responsible for prosecuting 
alleged terrorists provided Charge and Embassy officers an 
assessment of the prospects for successful prosecution of the 
seven Hofstad group suspects arrested October 14 and the 
status of Dutch CT legislation.  They said the decision to 
proceed with the arrests now was based on intelligence 
pointing to an imminent attack.  Prosecutors did not provide 
specifics.  Press reports have indicated that discovery of a 
videotape in which Samir Azzouz allegedly bid his family 
farewell and referred to something "big" he is about to do 
played a key role in the timing of the arrests.  Asked 
whether prosecutors would be able to make the charges against 
Azzouz and the others "stick" this time, given that Azzouz 
was acquitted of similar charges earlier this year, Thomas 
Maan, National Counter Terrorism Prosecutor, said, "We hope 
so."  He went on to note that terrorism prosecutions are 
relatively new in the Netherlands, and consequently, it is 
not yet fully clear how much evidence will be needed to 
obtain a conviction. 
 
3.  (U)  The alleged Hofstad group members -- the seven just 
arrested and the 12 charged earlier this year -- are the 
first defendants to be prosecuted under the provisions of the 
August 2004 legislation that made membership in a terrorist 
organization and conspiracy to commit a terrorist attack 
criminal offenses.  Thus, the Hofstad Group trials will help 
establish the standards of evidence required in such cases. 
 
 
4.  (C) The prosecutors noted that proof of both "terrorist 
intent" and a specific planned attack were required for 
conviction.  While it is not clear what evidence would prove 
"intent," they expressed confidence that establishing 
terrorist intent would not be difficult in the case of the 
seven.  They acknowledged that concrete evidence of a 
specific attack planned by the group was thinner than they 
would like.  Digna van Boetzelaer, team leader for CT and 
money laundering cases, confirmed press reports that no 
weapons or explosives had been recovered in the raids and 
follow-up searches.  She and others noted that evidence a 
suspect was trying to obtain weapons could be used in 
establishing that he or she was planning an attack.  The 
prosecution would be able to introduce evidence obtained 
though wiretaps, as well as surveillance videos, and any data 
obtained from computers seized during the raids.  They would 
not be able to introduce evidence from intelligence sources 
(other than wiretaps and surveillance videos) because the 
proposed legislation to allow testimony from intelligence 
agents without revealing the identity of the source has not 
yet been enacted. 
 
5.  (SBU)  According to Mann, the legislative process 
regarding CT prosecutions has not been completed.  He 
anticipated that passage of pending legislation, including 
the bill to permit the use of evidence from intelligence 
sources, would facilitate future terror prosecutions.  The 
prosecutors agreed that the August 2004 law represented a big 
step forward in being able to prosecute terror suspects in 
the Netherlands. 
 
6.  (C)  The group was also in agreement that the Hofstad 
group was a "homegrown" terror group.  Nevertheless, some 
members may have contacts with other, transnational groups. 
For example, Samir Azzouz is believed to have traveled to 
Spain to meet with a Madrid bombing suspect.  Most of those 
linked to the Hofstad Group are very young; all but one of 
those arrested October 14 are between 18 and 24; the other is 
30.  Van Boetzelaer acknowledged that they do not know for 
sure how many more individuals may be linked to the Hofstad 
Group, but expressed confidence that they now have the key 
leaders, including Azzouz, in custody.  Prosecutors expressed 
satisfaction with decision by the Rotterdam Court that 
Mohamed Bouyeri, the convicted murderer of filmmaker Theo van 
Gogh, could be tried along with other Hofstad Group members 
as member of terrorist group; this is the first time a Dutch 
court has permitted an individual already serving a life 
sentence to be tried for an additional crime.  Of the 12 
suspected Hofstad group members charged earlier this year 
with membership in a terrorist organization, two have been 
released from jail pending the trial, scheduled to begin in 
December. 
 
7.  (SBU) Prosecutors who attended were National 
Counter-terrorism Prosecutor Thomas Maan; Digna van 
Boetzelaer, National Prosecutors' Office Team Leader for CT, 
money laundering and war crimes cases; Alexander van Dam, one 
of two prosecutors for the initial Hofstad group case; and 
Monte van Capelle, Chief Prosecutor, The Hague Court of 
Appeals, which will hear any terrorism-related appeals. 
 
8.  (U) There has been extensive coverage of the arrests and 
background on the alleged Hofstad group members in the local 
press.  The reports have focused on the alleged farewell 
videotape; Samir Azzouz's previous acquittal on similar 
charges and the prosecution's appeal of the acquittal 
(scheduled to be heard October 13); the Rotterdam court 
decision October 17 authorizing the seven to be held in 
custody for 15 days pending the filing of formal charges; the 
role of the Dutch intelligence service (AIVD) in collecting 
information about the group's activities; and the links 
between the seven just arrested and the 12 Hofstad group 
members already awaiting trial in December. 
 
BLAKEMAN