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Profile: Baltasar Garzon
“I have seen no link to al-Qaeda. No one has demonstrated it to me. And therefore we have to be very careful not to confuse the citizens. One thing is that you don’t like the Iraqi regime, that Saddam Hussein is a dictator. But there are many terrible dictators. That’s not a reason to start a war with all the consequences it could have for millions of innocents.”
[Los Angeles Times, 11/4/2002]
Baltasar Garzon was a participant or observer in the following events:
In 1995, a Spanish intelligence agency begins monitoring Moutaz Almallah as it starts monitoring the al-Qaeda Madrid cell led by Barakat Yarkas (see 1995 and After). Almallah is considered Yarkas’s main assistant and also is the “political chief” of the cell. In 1998, Almallah and Yarkas were photographed at an airport in Spain meeting with Mohamed Bahaiah, known to be a courier for bin Laden. Judge Baltasar Garzon leads the investigation. [El Mundo (Madrid), 3/2/2005; BBC, 3/24/2005] In November 1995, Spanish police officer Ayman Maussili Kalaji, a Spanish citizen originally from Syria, sells an apartment to Almallah. Kalaji will later admitting to having a long time acquaintance with Almallah. Kalaji has a suspicious background, including a connection to Soviet espionage, and at some point he serves as Garzon’s bodyguard (see May 16, 2005). [El Mundo (Madrid), 8/22/2005] In November 2001, Garzon will arrest Yarkas and the main figures in his cell, but Almallah will not be arrested (see November 13, 2001). [El Mundo (Madrid), 3/2/2005] Almallah will move to London in 2002 to live with radical imam Abu Qatada (see August 2002). He will be arrested in 2005 for a role in the Madrid bombings. In 2005, a police commissioner will request the arrest of police officer Kalaji, but a judge will deny the request (see May 16, 2005).
Spanish Judge Baltasar Garzon issues an indictment of militants based in Spain who are said to be tied to the 9/11 attacks. Some of them are arrested soon after (see November 13, 2001), although some are not and go on to be involved in the Madrid train bombings (see November 13, 2001). In the indictment, Garzon highlights the links between the Spain-based operatives and militants in Britain. Leading London imam Abu Qatada is described as “the spiritual head of the mujaheddin in Europe,” a view shared by many intelligence agencies in Europe, and accused of moving money to finance al-Qaeda operations. The indictment also says that Barakat Yarkas, head of an al-Qaeda cell in Spain, visited Britain 20 times (see 1995-February 2001) and repeatedly met with Abu Qatada and three other al-Qaeda leaders in Britain, Abu Walid, Abu al-Hareth, and Abu Bashir. Abu Qatada has been working with the British security services for some time and continues to do so (see June 1996-February 1997, Early December 2001, and October 23, 2002). [Independent, 11/21/2001; The Independent, 11/21/2001; O'Neill and McGrory, 2006, pp. 107] Authors Sean O’Neill and Daniel McGrory will write, “Judge Garzon in Spain claims that if you take every major al-Qaeda attack, including 9/11 and the Bali bombings, then list all those who played a part in their planning, funding and execution, you will find a line that always draws you back to Britain.” [O'Neill and McGrory, 2006, pp. 112]
Baltasar Garzon. [Source: Associated Press]Spanish intelligence has been watching an al-Qaeda cell in Madrid for years, and has been aware since 1995 that cell members are committing a variety of crimes in Spain (see 1995 and After and Late 1995 and After), but none of them have ever been arrested. Finally, after investigators find links between the cell and the 9/11 hijacker cell in Hamburg (see Shortly After September 11, 2001), the decision is made to shut the cell down. On November 13, 2001 Spanish police arrest cell leader Barakat Yarkas, a.k.a., Abu Dahdah, and ten other alleged members of his cell, including Yusuf Galan and Mohamed Needl Acaid. Spanish police, led by judge Baltasar Garzon, appear confident that they smashed the al-Qaeda presence in Spain. However, a number of suspects are left at large who will go on to take part in the 2004 Madrid bombings (see November 13, 2001). [New York Times, 11/14/2001; New York Times, 10/26/2004] Yarkas, Galan, Acaid, and others will be convicted for various crimes in 2005 (see September 26, 2005).
On November 13, 2001 Spanish police arrest cell leader Barakat Yarkas and ten other alleged members of his cell. Spanish police, led by judge Baltasar Garzon, appear confident that they have smashed the al-Qaeda presence in Spain (see November 13, 2001). However, a number of likely suspects are left at large:
Moutaz Almallah. Spanish police will later say that he had contacts with Yarkas as far back as 1995, the year police began to monitor Yarkas. He is said to have served as the “political chief” of Yarkas’s cell. He and Yarkas were seen meeting with an al-Qaeda courier in 1998. He will move to London in 2002 to live with radical imam Abu Qatada (see August 2002). He will be arrested in 2005 for a role in the Madrid bombings but has yet to be tried (see August 2002). Curiously, in 1995, a police officer who also served as Garzon’s bodyguard, sold Almallah an apartment and stayed friends with him (see November 1995). [El Mundo (Madrid), 3/2/2005; BBC, 3/24/2005]
Amer el-Azizi, who may have had a role in the 9/11 plot, is able to flee a police raid due to a tip-off from Spanish intelligence (see Shortly After November 21, 2001).
Jamal Zougam, even though he has been under suspicion since 2000, and has been tied to al-Qaeda-linked imam Abu Qatada and Mohammed Fazazi, who preached at the mosque attended by the 9/11 hijackers (see 2000-Early March 2004). [New York Times, 11/20/2001; Irujo, 2005, pp. 162-164] A French investigator had warned Spanish intelligence in June 2001 that Zougam was an important Islamist militant in a number of countries and that he should be arrested (see June 2001). Zougam’s Madrid apartment was searched by police on August 10, 2001, and investigators found phone numbers of three other members of the cell, plus a video of mujaheddin fighters in Chechnya. [Associated Press, 3/17/2004]
Serhane Abdelmajid Fakhet. Spanish intelligence began monitoring him in 2000 for his links to other members of the cell. He was photographed with Yarkas in October 2001 (see October 19, 2001). [Irujo, 2005, pp. 182-186] Another informant who later appears as a protected witness will claim that Fakhet was also a government informant (see Shortly After October 2003).
Said Chedadi is arrested, but is later released. He had been monitored traveling to London with Yarkas and giving money to Qatada. He will go on to have a role in the Madrid bombings (see 1995-February 2001). He also is roommates with Dris Chebli up until Chebli is arrested in June 2003 (see April-June 2003). [New York Times, 11/14/2001; El Mundo (Madrid), 10/27/2004]
El-Azizi flees overseas, but allegedly instructs the other cell members not arrested to constitute new cells in Madrid and Morocco. Fakhet becomes a leader of the new cells. Even though the vast majority of those not arrested remain under surveillance, including Fakhet and Zougam (see Shortly Before March 11, 2004), they are able to stage the March 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). Fakhet will blow himself up shortly after those bombings, while Zougam will get life in prison for his role. El-Azizi has yet to be captured. Yarkas and most of the others arrested with him will be convicted for al-Qaeda ties in 2005 and given prison terms (see 7:37-7:42 a.m., March 11, 2004). [Irujo, 2005, pp. 165-174] A Spanish investigator will later call Yarkas the mastermind of the Madrid bombings even though he was in prison since 2001, because virtually all of the bombers were connected to him in some way. “It is very clear to me, that if by mastermind we mean the person who has put the group together, prepared the group, trained it ideologically, sent them to Afghanistan to be prepared militarily for terrorism, that man is [Yarkas], without any doubt.” [New York Times, 10/26/2004]
In early September 2001, an Egyptian militant named Rabei Osman Sayed Ahmed moves from Germany to Spain. By December, Spanish officials open an investigation about him after noticing he is in frequent contact with other Islamist militants. One month later, Spanish investigators notify German officials that they have Ahmed under surveillance and request information about his background. Ahmed apparently is aware he is under surveillance and tries to keep a low profile. [Washington Post, 11/14/2004] But through him, investigators led by judge Baltasar Garzon begin monitoring other militants he meets. In May 2002, they start tapping the phones of Fouad el Morabit and Basel Ghalyoun. In June, they realize Ahmed is in contact with Serhane Abdelmajid Fakhet, who has already been under surveillance since 2000 (see October 19, 2001). They also learn at some point that he is in contact with the brothers Moutaz and Mouhannad Almallah. Investigators lose track of el Morabit a near the end of 2002 when he changes phones. They also lose track of Ghalyoun aroun the same time because his conversations apparently are not interesting enough. Ahmed also moves to France. [El Mundo (Madrid), 7/31/2005] However, in early 2003, investigators begin monitoring an apartment where all the suspects mentioned live or meet (see January 4, 2003). All of them will later be accused of being key players in the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004).
Numerous US and British, current and former, intelligence, military, and other government officials who have inside knowledge refute claims made by the Bush administration that Saddam Hussein’s regime has or is seeking ties with international militant Islamic groups. [Wall Street Journal, 8/15/2002; Washington Post, 9/10/2002; Baltimore Sun, 9/26/2002; Knight Ridder, 10/7/2002; Sunday Herald (Glasgow), 10/13/2002; Radio Free Europe, 10/29/2002; International Herald Tribune, 11/1/2002; CBC News, 11/1/2002; Los Angeles Times, 11/4/2002; New York Times, 2/3/2003; Daily Telegraph, 2/4/2003; Independent, 2/9/2003]
Entity Tags: Michael Chandler, Richard (“Dick”) Durbin, Jean-Louis Bruguiere, Rohan Gunaratna, Vincent Cannistraro, Tony Blair, Saddam Hussein, Youssef M. Ibrahim, Jean Chretien, Jack Straw, Michael O’Hanlon, George W. Bush, Anna Eshoo, Baltasar Garzon, Igor Ivanov, Brent Scowcroft, Daniel Benjamin
Timeline Tags: Events Leading to Iraq Invasion
Abdelkader Farssaoui, a.k.a. Cartagena, is the imam of a mosque in the town of Villaverde, near Madrid, Spain. In 2007, he will testify under oath as a protected witness that he was recruited to be a police informer beginning in late 2001, if not earlier. He says that he is also working as an informant for the government of Morocco, but he nonetheless becomes highly trusted for the Spanish. Apparently, he is little used by the Spanish until about September 2002. But starting that month, he informs on a group of men attending his mosque, led by Serhane Abdelmajid Fakhet. Other members in the group he watches include Said Berraj, Mustafa Maymouni (Fakhet’s brother-in-law), Mohammed Larbi ben Sellam, and Rabei Osman Sayed Ahmed. He is also encouraged to bring Jamal Zougam closer to the group, although he does not see Zougam doing anything criminal. All of these men will later have alleged roles in the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), except for Maymouni, who will be arrested in Morocco in 2003 for a key role in the Casablanca bombings there that year (see May 16, 2003). Even before Maymouni was arrested, Farssaoui has been giving warnings to his handlers that the group is talking about conducting attacks in Spain and Morocco (see April-June 2003). He is able to get the mobile phone numbers of all of the men so police can monitor those phones. Police do monitor the group members in other ways to confirm what Farssaoui is learning (see January 17, 2003-Late March 2004). In October 2003, Farssaoui reports that Fakhet is “looking for martyrs.” But Farssaoui is told by his handlers to immediately leave Madrid for another assignment (see October 2003). He does, so he stops monitoring the bombers just as they began planning their bombing in detail. He later says that his handlers forbid him to share what he learns with judge Baltasar Garzon, who is leading investigations into al-Qaeda related cases in Spain. They also encourage him to exaggerate what the suspects are doing so they can be indicted, and he does. This testimony Farssaoui will give in 2007 will contradict some details of earlier testimony he gave in the same trial, but he will claim that it took him time to find courage to tell the whole truth. [El Mundo (Madrid), 10/18/2004; El Mundo (Madrid), 10/21/2004; El Mundo (Madrid), 3/7/2007; ABC (Spain), 3/7/2007] He will also claim that he later accidentally discovers Farket, the leader of the group he was watching, is also a government informant (see Shortly After October 2003).
In April 2003, Spanish police alert judge Baltasar Garzon to the existence of an Islamist militant cell in Madrid. Garzon has generally led al-Qaeda related investigations in Spain. An intelligence report to Garzon details a cell led by Mustapha Maymouni. Its assistant leaders are said to be Driss Chebli, Serhane Abdelmajid Fakhet, and the brothers Hassan and Mohammed Larbi ben Sellam. The cell is linked to the radical Takfir Wal Hijra movement and the Moroccan Islamic Combatant Group (MICG). The MICG is said to be led by Amer el-Azizi, who escaped arrest in Spain (see Shortly After November 21, 2001), and an international arrest warrant has been issued for him. The cell has links to el-Azizi as well. In fact, the wife of one of the cell members recently told the authorities that Fakhet and others are staying in contact with el-Azizi by e-mail (see January 4, 2003), a lead that apparently is not pursued. In May 2003, suicide bombings in Casablanca, Morocco, kill 45, and the MICG is quickly identified as the group behind the attacks. Maymouni had gone to Morocco just before the bombings and is arrested there later in May (see Late May-June 19, 2003). On June 25, 2003, Chebli is arrested in Spain for his links to the Casablanca bombings. He will later be accused of a minor role in the 9/11 plot and sentenced to six years in prison (see September 26, 2005). However, the others are not arrested at this time. The police who are monitoring Fakhet will later say they do not understand why Fakhet at least was not arrested after the Casablanca bombings due to his link to Maymouni, who is his brother-in-law. Authorities will claim he was not arrested because there was no evidence he was involved in any plot. [El Mundo (Madrid), 3/3/2007] However, this cell is being monitored by a variety of means, including the use of
an informant named Abdelkader Farssaoui, a.k.a. Cartagena (see October 2002-June 2003). Even before the Casablanca bombings, Farssaoui tells his handlers that this cell is discussing launching attacks in Morocco and Spain. [El Mundo (Madrid), 10/18/2004] Furthermore, a 2002 report said that Fakhet was preparing for “violent action” (see 2002). Farssaoui will later claim that he came across evidence that Fakhet was also an informant (see Shortly After October 2003). Fakhet will take over leadership of the group after Maymouni’s arrest and will lead most of them in carrying out the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004).
Spanish judge Baltasar Garzon renews permission to wiretap the phones of Serhane Abdelmajid Fakhet, considered to be one of about three masterminds of the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) that will occur one month later. Interestingly, in the application for renewal, Fakhet is linked to the Casablanca bombings of May 2003 (see May 16, 2003). His brother-in-law Mustapha Maymouni was arrested in Morocco and is being imprisoned there for a role in the bombings at this time (see Late May-June 19, 2003). Fakhet is also linked in the application to Zouhaier ben Mohamed Nagaaoui, a Tunisian believed to be on the Spanish island of Ibiza and preparing for a suicide attack on a ship, following instructions from al-Qaeda. Nagaaoui is also said to be linked to the Casablanca bombings. Further, he has links to a number of Islamist militant groups and had undergone weapons and explosives training. [El Mundo (Madrid), 7/30/2005] Around the same time, Garzon also renews the wiretapping of some other Madrid bombers such as Jamal Zougam. [El Mundo (Madrid), 9/28/2004] It is not known what later becomes of Nagaaoui.
Abdelkader Farssaoui, a.k.a. Cartagena, served as a government informant from late 2001 to June 2003, informing on a group of the Madrid train bombers (see September 2002-October 2003). He continued to work with Spanish authorities, and in July 2004, several months after the Madrid train bombings, he hears about a new Spanish bomb plot. He tells authorities that the plot is being led by a man named Mohamed Achraf, who is leading the effort despite being held in a prison in Switzterland on immigration violations. Achraf’s plan is to blow up the National Justice Building (Audiencia Nacional) in Madrid, using 500 kilos (1,100 lbs) of explosives. He is leading a criminal network and has been raising the money for the explosives through robbery and drug trafficking. He hopes that the bomb will kill judges Baltasar Garzon and Juan del Olmo, who are in charge of investigations against suspected al-Qaeda figures in Spain. He also hopes the destruction of the building will destroy many documents about Islamist militants in Spain. [El Mundo (Madrid), 10/21/2004] Beginning on October 18, 2004, Spain arrests about 30 people who they accuse of involvement in the plot. Achraf will be extradited to Spain to stand trial with the others there. As of early 2008, no verdicts have been reached. [BBC, 10/22/2004; BBC, 10/15/2007]
Maussili Kalaji. [Source: El Mundo]The Madrid newspaper El Mundo reveals some curious details about Spanish police officer Ayman Maussili Kalaji and the 2004 Madrid bombings (see 7:37-7:42 a.m., March 11, 2004):
Born in Syria, Kalaji belonged to the militant group Al Fatah and was also a Soviet intelligence agent. He moved to Spain in the early 1980s as a political refugee and eventually became a citizen and joined the national police by the late 1980s. He rose through the ranks and at some point he was the bodyguard to Baltasar Garzon, the Spanish judge presiding over trials of al-Qaeda-linked militants in Spain such as Barakat Yarkas.
In 1995, Kalaji sold an apartment to Moutaz Almallah. Almallah is considered a key link between the bombing cell and al-Qaeda operatives overseas. His apartment is said to be a nerve center for the plot. Kalaji admits to being in close contact with Almallah.
When a different apartment owned by Almallah was raided after the Madrid bombing, two documents were found with Kalaji’s name on it. One referenced the 1995 purchase, and the second was from 2001. This apartment, on Virgen de Coro street in Madrid, was a key hub of the Madrid bombers and was under surveillance for a full year leading up to the bombings (see January 17, 2003-Late March 2004).
Kalaji is also said to have been on friendly terms with Barakat Yarkas, the leader of the al-Qaeda cell in Madrid until his arrest in November 2001. Kalaji played a role in the arrest.
In 2001, Kalaji was investigated for credit card fraud.
For many years, Kalaji’s sister Lina Kalaji was in charge of translating the monitored telephone calls from Islamist cells in Spain. In 2002, she translated the intercepts of Serhane Abdelmajid Fakhet, considered one of the bombing masterminds (see 2002).
His ex-wife Marisol Kalaji is also a police officer and was the first on the scene to a van discovered the day of the bombings containing a cassette tape of the Koran. This is what first led investigators to believe the bombing was the work of Islamist and not Basque militants (see 10:50 a.m.-Afternoon, March 11, 2004).
He owns a cell phone store. The phones used to trigger the bombs were bought in a different store, but in Kalaji’s store the phones’ internal codes were reset so they could be used by other phone services.
He is said to go on leave not long after the bombings, due to all his curious connections. He also gives a statement to investigators regarding his role in changing the phone codes, but he is not charged for any crime. [El Mundo (Madrid), 5/17/2005; National Review, 5/18/2005; El Mundo (Madrid), 5/20/2005; El Mundo (Madrid), 8/22/2005] For days after El Mundo publishes its first story about Kalaji, a Spanish police commissioner will officially request Kalaji be arrested, but apparently he never is (see May 20, 2005). In August 2005, El Mundo will conclude that “it is becoming increasingly evident” that Kalaji played a “leading role” in the Madrid bombings. [El Mundo (Madrid), 8/22/2005] Almallah will be arrested in Britain in 2005 and extradited to stand trial in Spain in 2007 (see March 18-19, 2005). [London Times, 3/9/2007]
Mustafa Setmarian Nasar. [Source: Public domain]Around this date, al-Qaeda leader Mustafa Setmarian Nasar, a.k.a. Abu Musab al-Suri, is arrested in a raid in Quetta, Pakistan. The US posted a $5 million reward for his capture in 2004. A red-haired, light-skinned Syrian citizen, he also is a citizen of Spain and long-time resident there. The raid takes place in a Quetta shop used as an office for the Madina Trust, a Pakistani charity that is linked to the Pakistani militant group Jaish-e-Mohammed. A man arrested with Nasar is believed to be a Jaish-e-Mohammed member; another man is killed in the raid. [CNN, 11/5/2005; Associated Press, 11/5/2005; Associated Press, 5/2/2006] He is believed to have taught the use of poisons and chemicals at Afghanistan training camps and he is suspected of a role in the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) and the 7/7 London bombings (see July 7, 2005). But he is best known for his strategic writings. The Washington Post calls him “one of the jihad movement’s prime theorists.” He long advocated a decentralized militant movement, and was often critical of bin Laden’s and al-Qaeda’s mistakes. He says, “Al-Qaeda is not an organization, it is not a group, nor do we want it to be. It is a call, a reference, a methodology.” He is soon flown out of Pakistan and into US custody. In 2006, US intelligence sources will claim that he is now in the secret custody of another unnamed country. [Washington Post, 5/23/2006; New Yorker, 9/4/2006] In 2006, Baltasar Garzon, a Spanish judge involved in many al-Qaeda related cases, will complain that the US has not shared any information about Nasar since his secret arrest. He adds, “I don’t know where he is. Nobody knows where he is. Can you tell me how this helps the struggle against terrorism?” [New York Times, 6/4/2006]
Jamil al-Banna speaking to the press after returning to Britain. [Source: Getty Images]On November 18, 2007, two British residents, Jamil al-Banna and Omar Deghayes, are released from the Guantanamo prison and returned to Britain. However, both men are immediately arrested when they arrive in Britain, because Spain has had an outstanding extradition request for them and two others since December 2003. The two others were later cleared of all wrongdoing. Al-Banna and Deghayes are released on bail a month later. [BBC, 12/20/2007] Then, on March 6, 2008, Spanish judge Baltasar Garzon drops the extradition request after ruling that they are unfit to stand trial. British doctors who recently examined them say they are in poor health due to torture and inhumane treatment at Guantanamo (see March 2003-November 18, 2007). For instance, al-Banna is said to be severely depressed, suffering from post-traumatic stress disorder (PTSD), and has diabetes, hypertension, and back pain. [Guardian, 3/6/2008] However, an article in The Guardian will say that while the two men are in poor health, that is really just a face-saving excuse to drop the extradition. Al-Banna in particular appears to have been framed by the British intelligence agency MI5, which gave the CIA false information about him and his friend Bisher al-Rawi that led to their capture and long imprisonment (see November 8, 2002-December 7, 2002 and December 8, 2002-March 2003). Al-Rawi was freed from Guantanamo earlier in the year (see April 1, 2007). The Guardian will say of al-Banna and Deghayes: “The innocence of the men will probably not be acknowledged publicly. It should be, if they are to rebuild their lives after the years of horror.… British complicity in the rendition of al-Banna from the Gambia to Afghanistan, and then to Guantanamo Bay, is in the public domain and shames us all.” [Guardian, 3/6/2008]
A group of suspected suicide bombers are arrested in Barcelona, Spain. Twelve are Pakistani and two are Indian, and all of them had trained at militant camps in Waziristan, the Pakistani tribal region where al-Qaeda has a safe haven. One of the suspected suicide bombers is actually an informant for French intelligence, known by the name Asim (see Late January 2008). Having just arrived in Barcelona from the safe haven several days before, Asim mistakenly believes that an attack is imminent. But in the rush to quickly arrest the suspects, at least six of them get away, with one supposedly taking most of the explosives with him. Spain’s leading counterterrorism judge Baltasar Garzon says, “In my opinion, the jihadi threat from Pakistan is the biggest emerging threat we are facing in Europe. Pakistan is an ideological and training hotbed for jihadists, and they are being exported here.” Asim claims the suspects were going to start with an attack in Barcelona, which was going to be followed by demands from al-Qaeda through Baitullah Mahsud, a militant leader in Waziristan. If their demands were not met, they would stage more attacks in Spain and then in other European countries. US officials say they monitored phone calls to Pakistan by some of the suspects. Some suspects were already under surveillance by Spanish intelligence. [New York Times, 2/10/2008]
Baltasar Garzon. [Source: Presidency of Argentina]A Spanish court begins preliminary work towards opening a criminal investigation into allegations that six former top Bush administration officials may be guilty of war crimes related to torture of prisoners at Guantanamo. Spanish law allows the investigation and prosecution of people beyond its borders in the case of torture or war crimes. Investigative judge Baltasar Garzon, who ordered the arrest of Chilean dictator Augusto Pinochet and has overseen the prosecution of numerous terrorists and human rights violators, wants to prosecute former US Attorney General Alberto Gonzales, former Justice Department lawyers John Yoo and Jay Bybee, former Defense Department officials William Haynes and Douglas Feith, and David Addington, the former chief of staff to then-Vice President Cheney. Many legal experts say that even if Garzon’s case results in warrants being issued, it is highly doubtful that the warrants would ever be served as long as the six potential defendants remain in the US. Spain has jurisdiction in the case because five Spanish citizens or residents have claimed to have been tortured at Guantanamo; the five faced charges in Spain, but were released after the Spanish Supreme Court ruled that evidence obtained through torture was inadmissible. Garzon’s complaint rests on alleged violations of the Geneva Conventions and the 1984 Convention Against Torture (see October 21, 1994). The complaint was prepared by Spanish lawyers with the assistance of experts in Europe and America, and filed by the Association for the Dignity of Prisoners, a Spanish human rights group. Lawyer Gonzalo Boye, who filed the complaint, says that Gonzales, Yoo, and the others have what he calls well-documented roles in approving illegal torture techniques, redefining torture, and ignoring the constraints set by the Convention Against Torture. “When you bring a case like this you can’t stop to make political judgments as to how it might affect bilateral relations between countries,” Boye says. “It’s too important for that.” Boye adds: “This is a case from lawyers against lawyers. Our profession does not allow us to misuse our legal knowledge to create a pseudo-legal frame to justify, stimulate, and cover up torture.” The US is expected to ignore any extradition requests occuring from the case. [New York Times, 3/28/2009; Associated Press, 3/28/2009]
Entity Tags: William J. Haynes, Jay S. Bybee, David S. Addington, John C. Yoo, Geneva Conventions, Convention Against Torture, Gonzalo Boye, Association for the Dignity of Prisoners, Alberto R. Gonzales, Baltasar Garzon, Bush administration (43)
Timeline Tags: Civil Liberties
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