US embassy cable - 05THEHAGUE3043

UNCLAS THE HAGUE 003043 
 
SIPDIS 
 
STATE FOR L/LEI AND EUR/UBI 
JUSTICE FOR OIA/JFRIEDMAN 
 
E.O. 12958: N/A 
TAGS: CJAN, PREL, CVIS, KCRM, NL 
SUBJECT: EXTRADITION: NETHERLANDS: ANTONIO BENTO BEMBE SKIPS 
OUT 
 
REF: STATE 142249 
 
1.  Summary: A Dutch prosecutor informed the Embassy on 
November 8 that Antonio Bento Bembe, an Angolan national 
wanted in the U.S. on charges of kidnapping, has not 
reported to the police since November 5 despite court orders 
requiring him to report in daily.  Bembe's whereabouts are 
unknown.  Police are attempting to locate him. End Summary. 
 
2.  The Hague District Court released Bembe from detention 
on October 4 -- following a second postponement of his 
extradition hearing -- on condition that he report daily to 
the police.  Bembe dutifully reported until Sunday, November 
5, but has since "gone missing."  Police efforts to locate 
him, including discussions with his acquaintances, have 
proved unsuccessful. If found, Bembe will be taken back into 
custody.  Ministry of Justice officials told us there is a 
good chance that Bembe may have left the country. 
 
3.  The next court hearing is scheduled for November 15. 
The MOJ wishes to proceed as if he were still going to 
appear in court, according to MOJ contacts. These contacts 
told us the MFA has indicated to the MOJ that it is now 
reluctant to provide the supplemental information about its 
role in issuing Bembe a visa requested by the court.  MFA 
Consular Section Chief Roelof van Ees, however, assured us 
that the MFA is continuing to prepare the information 
requested by the court.  He indicated that the MFA expected 
to meet the November 9 deadline for submitting the 
information. 
 
4.  If Bembe does not appear on November 15, MOJ officials 
say the court is likely to decline to rule on the merits of 
the extradition request due to the physical absence of 
Bembe.  Ruling in absentia is not a possibility.  If he were 
later to be found, the prosecutor could resubmit the 
extradition request to the court.  The court could also 
simply defer proceedings, but that is considered less likely 
if it seems that Bembe has truly disappeared. 
 
5.  The Ministry of Justice and prosecutor's office 
expressed to us their extreme unhappiness with the latest 
development.  They noted they had strongly objected to the 
court's decision to release Bembe from custody pending the 
conclusion of the court's hearing on the extradition 
request. 
 
6.  Bembe's failure to continue to check in daily with the 
police constitutes grounds for detaining him if he is 
located, but is not itself a punishable offense in the 
Netherlands. 
 
Blakeman