US embassy cable - 05THEHAGUE3113

UNCLAS THE HAGUE 003113 
 
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 BENTE BEMBE CASE 
DISMISSED 
 
REF: THE HAGUE 3043 
 
1.  Summary: The Hague District Court dismissed the 
extradition case of Antonio Bente Bembe on November 15, as 
he was no longer in custody and appeared to have fled the 
country. Because Dutch law requires that the person to be 
extradited be physically present in the Netherlands when the 
extradition request is considered, the court was required to 
dismiss the case.  If Bembe is eventually located in the 
Netherlands and re-arrested, the extradition request could 
be resubmitted. End summary. 
 
2. Bembe was released from detention on October 4, following 
a second postponement of his extradition hearing, on 
condition that he report daily to the police.  He did so 
until Sunday, November 4, but has since "gone missing." 
Police efforts to locate him proved unsuccessful.  As 
expected, he did not show up at the November 15 court 
hearing, and no one could provide information on his 
whereabouts. 
 
3. Court proceedings had previously been adjourned because 
the court wanted additional information from the MFA on the 
MFA's reasons for issuing Bembe a visa, despite the 
existence of an Interpol Red Notice.  At the November 15 
court hearing, the Chief Judge expressed irritation about 
the inconsistencies in the consecutive replies that the MFA 
had provided, for instance on the number of times MFA 
officials had met with Bembe.  He charged that information 
was "deliberately withheld for political reasons." 
 
4. During the hearing, the Chief Judge stated, "I hope Bembe 
was not kidnapped." Bembe's defense attorney responded that 
there was no need to worry about a kidnapping, as the MFA 
had been in contact with Bembe following his failure to 
report to the police two weeks ago.  Senior MFA official 
Pieter de Gooijer flatly denied to the Charge, however, that 
the MFA had had contact with Bembe following his 
disappearance. 
 
5. Of particular note was a recent letter to the Court from 
the Government of Angola granting "General Amnesty" to all 
those involved in the Angolan conflict (including Bembe) 
which ended three years ago.  After reading the letter in 
court, the Chief Judge noted that the Angolan amnesty did 
not apply to contravene the laws of the United States, which 
was the issue before them. 
 
6. The hearing was well attended, with the courtroom filled 
to capacity.  In addition to the FBI Assistant Legal Attache 
for The Hague, two FBI Special Agents from the Washington 
Field Office who are assigned to the Bembe investigation 
were present for this hearing.  Also present were 
representatives from the Dutch National Police (KLPD) and 
the Ministry of Justice, as well as numerous reporters and a 
number of Angolans.  The Angolan government had been 
lobbying for Bembe's release. 
 
Blakeman