State Department cable from the U.S. Mission in Strasburg. Details meeting between U.S. Congressman James F. Sensenbrenner, Jr., with officials of the Council of Europe regarding law enforcement issues related to the war on terrorism, notably military tribunals for detainees.
• • UNCLASSIFIED
Current Class: UNCLASSIFIED Page: 1 V.3
Current Handling: n/a
Document Number: 2002STRASB00011 Channel: n/a
RELEASED IN FULL
UNCLASSIFIED PTQ1715
PAGE 01 STRASB 00011 01 OF 05 . 251841Z
ACTION H-01
INFO LOG-00 DS-00 EB-00 EUR-00 UTED-00 TEDE-00 L-00
SCT-00 SVC-00 DSCC-00 DRL-02 SAS-00 /003W
5D58AB 251841Z /75
0 251744Z JAN 02
FM AMCONSUL STRASBOURG
TO SECSTATE WASHDC IMMEDIATE 1687. INFO COE COLLECTIVE USMISSION USUN NEW YORK USMISION USOSCE USMISSION GENEVA USEU BRUSSELS
UNCLAS SECTION 01 OF 05 STRASBOURG 0011
STATE FOR EUR/ERA, EUR/WE, DRL/MLA, H, L/LEI PARIS FOR POL, CON, PAO, ADMIN, DCM BRUSSELS FOR MRICHARD
E.O. 12958: N/A
TAGS: OREP, PREL, PHUM, KDEM, PIER, FR
SUBJECT: CODEL SENSENBRENNER TO COUNCIL OF EUROPE
STRASBOURG, FRANCE, JANUARY 19-22, 2002
REF: A) STRASBOURG 010 B) STRASBOURG 009
C) STRASBOURG 008 D) STRASBOURG 005
E) STRASBOURG 004 F) STRASBOURG 002
G) STRASBOURG 001 H) STATE 03686
UNCLASSIFIED
PAGE 02 STRASB 00011 01 OF 05 251841Z
1. SUMMARY: LAW ENFORCEMENT ISSUES RELATED TO THE WAR ON
TERRORISM, NOTABLY MILITARY TRIBUNALS FOR CAPTURED
TALIBAN AND AL-QAEDA PRISONERS, HIGHLIGHTED THE VISIT OF
U.S. CONGRESSMAN JAMES F. SENSENBRENNER, JR., HOUSE
CHAIRMAN OF THE JUDICIARY COMMITTEE, TO STRASBOURG,
JANUARY 19-22, 2002, FOR CONSTRUCTIVE AND INFORMATIVE
MEETINGS WITH OFFICIALS OF THE COUNCIL OF EUROPE (COE)
AND PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE
(PACE). HE EMPHASIZED AMERICA'S DEEP APPRECIATION FOR THE OUTSTANDING SUPPORT BY EUROPEANS IN THE WAKE OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS AGAINST THE «UNITED»
Current Class: UNCLASSIFIED Page: 1
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: SHARON E AHMAD DOS-002261
UNCLASSIFIED
DATE/CASE ID: 15 OCT 2004 200303827
UNCLASSIFIED
, Current Class: UNCLASSIFIED Page: 2
• Current Handling: n/a
Document Number: 2002STRASB00011 Channel: n/a
•
«STATES» AND DISCUSSED ON-GOING ANTI-TERRORISM EFFORTS.
POSITIVE LOCAL PRESS COVERAGE NOTED THE CHAIRMAN'S
ASSURANCES OF PRESIDENT BUSH'S COMMITMENT TO FORMULATING
PROCEDURES CONSISTENT WITH AMERICAN AND INTERNATIONAL
STANDARDS OF JUSTICE AND DUE PROCESS FOR THOSE ACCUSED OF
CRIMES. COE OFFICIALS WELCOMED THE OPPORTUNITY FOR
DIALOGUE AND EXCHANGE OF VIEWS BUT STRESSED THAT ANTI-
TERRORISM MEASURES SHOULD ENSURE *PROTECTION OF HUMAN
RIGHTS. THEY ALSO REITERATED OPPOSITION TO EXTRADITION OF
SUSPECTS WHO FACED THE DEATH PENALTY IN THE «UNITED»
«STATES». END SUMMARY.
2. REP. JAMES F. SENSENBRENNER, JR., CHAIRMAN OF THE
HOUSE JUDICIARY COMMITTEE, HEADED A CODEL TO STRASBOURG,
FOR MEETINGS WITH OFFICIALS OF THE COUNCIL OF EUROPE
(COE) AND PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE
(PACE), JANUARY 19-22, 2002 (REF G). THE PURPOSE WAS TO
DISCUSS LAW ENFORCEMENT ISSUES RELATED TO THE WAR ON
TERRORISM, INCLUDING PROPOSED U.S. MILITARY TRIBUNALS FOR
UNCLASSIFIED
PAGE 03 STRASB 00011 01 OF 05 25184-1Z
CAPTURED TALIBAN AND AL-QAEDA PRISONERS FROM «AFGHANISTAN»,
AND TO EXPRESS APPRECIATION FOR EUROPEAN SUPPORT IN THE
BATTLE AGAINST TERRORISM AFTER THE SEPTEMBER 11, 2001
ATTACKS. COMMITTEE GENERAL COUNSEL PHIL KIKO ACCOMPANIED
SENSENBRENNER TO JANUARY 21 MEETINGS WITH: GUY DE VEL,
COE DIRECTOR GENERAL FOR LEGAL AFFAIRS; BRUNO HALLER,
SECRETARY GENERAL, PACE; WALTER SCHWIMMER, COE SECRETARY
GENERAL; HENRI IMBERT, COE DIRECTOR GENERAL OF HUMAN
RIGHTS; GUNNAR JANSSON, THEN CHAIRMAN, PACE LEGAL AFFAIRS
AND HUMAN RIGHTS COMMITTEE; MATEO SORINAS-BALFEGO, HEAD
OF PACE DEPARTMENT OF POLITICAL AND JUDICIAL AFFAIRS;
DANIELLE COIN, SECRETARY, PACE LEGAL AFFAIRS AND HUMAN
RIGHTS COMMITTEE; PERMANENT REPRESENTATIVES/AMBASSADORS
AND PERMANENT OBSERVERS TO THE COUNCIL OF EUROPE; AND
LUZIUS WILDHABER, PRESIDENT OF THE EUROPEAN COURT OF
HUMAN RIGHTS. CONSUL GENERAL GAYLEATHA BROWN WAS NOTE-
TAKER FOR THE CODEL.
CODEL SENSENBRENNER'S MESSAGE
3. THE CHAIRMAN EXPLAINED TO INTERLOCUTORS THAT HE HOPED
THIS U.S. ATTORNEY GENERAL-ENDORSED TRIP WOULD BENEFIT
ON-GOING ANTI-TERRORISM EFFORTS AND PROVIDE A CHANCE FOR
FRIENDS TO DISCUSS THESE EFFORTS. HE PROPOSED TO CLARIFY
THE PATRIOT ACT AND PRESIDENT BUSH'S RELATED EXECUTIVE
ORDER, CITING A WHITE HOUSE GENERAL COUNSEL "OP ED" ARTICLE.
Current Class: UNCLASSIFIED Page: 2
Current Class: UNCLASSIFIEbNCLASSIFIED Page: 3 Current Handling: n/a Document Number: 2002STRASB00011 Channel: n/a
NOTING THAT SEPTEMBER 11, 2001 WAS AN UNPLEASANT
"WAKE-UP CALL," CHAIRMAN SENSENBRENNER MADE THE FOLLOWING
POINTS IN THE SUBJECT MEETINGS:
UNCLASSIFIED
PAGE 04 STRASB 00011 01 OF 05 251841Z
-- INCLUSIVE U.S. LEGISLATION ON LAW ENFORCEMENT AND
PROTECTION OF CIVIL LIBERTIES - THE PATRIOT ACT - PASSED
HIS COMMITTEE UNANIMOUSLY, AN UNUSUAL EVENT.
-- PROVISIONS ON MILITARY TRIBUNALS, A SUBJECT OF MUCH
PUBLIC DEBATE, HAVE NOT YET BEEN MADE PUBLIC. THE ALLIED
MILITARY ACTION HAD GOTTEN AHEAD OF THE LEGAL PROCESS.
RULES WOULD BE'PUBLISHED, INCLUDING BY THE JUDICIARY
COMMITTEE AND THE ARMED SERVICES COMMITTEE OF THE U.S.
CONGRESS.
-- PRESIDENT BUSH IS WHOLEHEARTEDLY COMMITTED TO
FORMULATING PROCEDURES CONSISTENT WITH AMERICAN AND
INTERNATIONAL STANDARDS OF JUSTICE AND DUE PROCESS FOR
NOTE: POSSIBLY MISSING CODEL CAPTION.
UNCLASSIFIED
UNCLASSIFIED PTQ1718
PAGE 01 ACTION H-01 STRASB 00011 02 OF 05 2518422
INFO LOG-00 SCT-00 DS-00 SVC-00 EB-00 EUR-00 UTED-00 TEDE-00 L-00 DSCC-00 DRL-02. SAS-00 /003W 5D58BF 251842Z /75
O 2517442 JAN 02
FM AMCONSUL STRASBOURG
TO SECSTATE WASHDC IMMEDIATE 1688
INFO COE COLLECTIVE
USMISSION USUN NEW YORK
USMISION USOSCE
USMISSION GENEVA
USEU BRUSSELS
UNCLAS SECTION 02 OF 05 STRASBOURG 0011
STATE FOR EUR/ERA, EUR/WE, DRL/MLA, H, L/LEI
PARIS FOR POL, CON, PAO, ADMIN, DCM
BRUSSELS FOR MRICHARD
E.O. 12958: N/A
TAGS: OREP, PREL, PHUM, KDEM, PTER, FR
Current Class: UNCLASSIFIED Page: 3
UNCLASSIFIED DOS-002263
UNCLASSIFIED
Current Class: UNCLASSIFIEw Page: 4
• Current Handling: n/a
Document Number: 2002STRASB00011 Channel: n/a
SUBJECT: CODEL SENSENBRENNER TO COUNCIL OF EUROPE
STRASBOURG, FRANCE, JANUARY 19-22, 2002
REF: A) STRASBOURG 010 B) STRASBOURG 009
C) STRASBOURG 008 D) STRASBOURG 005
E) STRASBOURG 004 F) STRASBOURG 002
G) STRASBOURG 001 H) STATE 03686
UNCLASSIFIED
PAGE 02 STRASB 00011 02 OF 05 251842Z
THOSE ACCUSED OF CRIMES.
-- PRESIDENT BUSH HAS MADE CLEAR THAT THE ACCUSED WILL
RECEIVE FULL AND FAIR TRIALS; BE INFORMED OF CHARGES
AGAINST THEM; HAVE A RIGHT TO QUALIFIED COUNSEL; AND HAVE
THE OPPORTUNITY TO PRESENT A DEFENSE.
-- ANYONE TRIED BEFORE THESE TRIBUNALS WILL BE ABLE TO
CHALLENGE THE LAWFULNESS OF THE COMMISSIONS JURISDICTION
THROUGH A HABEAS CORPUS PROCEEDING IN A FEDERAL COURT.
THESE NUMEROUS PROTECTIONS MORE THAN ADEQUATELY PROTECT
THE RIGHTS OF THE ACCUSED.
-- MILITARY TRIBUNALS ARE AN OPTION FOR DISPENSING
JUSTICE SINCE PROVIDING JUDICIAL FORUM FOR A LARGE NUMBER
OF THE WORLD'S MOST DANGEROUS TERRORISTS POSE SERIOUS
DANGERS. THEY PROVIDE VITAL FUNCTIONS, INCLUDING: PROTECT
JUDGES, WITNESSES AND THE COURT; PROTECT NATIONAL
SECURITY INFORMATION; PROVIDE EFFICIENT JUSTICE, WITHOUT
YEARS OF PRE-TRIAL PROCEEDINGS OR POST-TRIAL APPEALS;
ALLOW JUDGES TO REVIEW THE BROADEST RANGE•OF RELEVANT
EVIDENCE TO RENDER A VERDICT.
-- MILITARY TRIBUNALS HAVE A LONG HISTORY IN THE «UNITED»
«STATES» -AND THAT HISTORY DEMONSTRATES THAT THEY DO NOT
UNDERMINE THE CONSTITUTIONAL RIGHTS OF THE ACCUSED. THEY
PROTECT HUMAN RIGHTS OF ALL BY ENSURING THAT ALL LAWFUL
MEANS ARE UTILIZED TO ENSURE THE SAFETY OF AMERICAN,
CLOSE FRIENDS AND FREEDOM-LOVING PEOPLE.
-- EUROPE AND THE «UNITED» «STATES» WOULD HAVE TO AGREE TO
DISAGREE.ON THE DEATH PENALTY SINCE 70% OF AMERICANS
FAVORED IT.
4. SENSENBRENNER RELATED HOW CAPTURED AL-QAEDA MANUALS
UNCLASSIFIED
PAGE 03 STRASB 00011 02 OF 05 251842Z
OUTLINED HOW TO USE THE AMERICAN JUDICIAL SYSTEM, DELAY
JUSTICE AND TO GET INFORMATION. HE EXPLAINED THAT
TERRORISTS USED USG EVIDENCE, WHICH WAS DISCLOSED IN
COURT DURING THE 1993 BOMBING OF THE WORLD TRADE CENTER
TRIAL, TO HAMPER LAW ENFORCEMENT EFFORTS. A JANUARY 24
Current Class: UNCLASSIFIED Page: 4
Current Class: UNCLASSIFIEcNCLASSIFIED Page: 5 Current Handling: n/a Document Number: 2002STRASB00011 Channel: n/a
ARTICLE IN "L'ALSACE," A DAILY NEWSPAPER, QUOTED
SENSENBRENNER, "DURING THE 1993 TRIAL AGAINST THE
PERPETRATORS OF THE FIRST ATTEMPT AGAINST THE WORLD TRADE
CENTER INVOLVING A BOOBY-TRAPPED CAR, THE PUBLIC
PROSECUTORS HAD TO REVEAL SENSITIVE INFORMATION. FOR
EXAMPLE, THE TWIN TOWERS WERE BUILT TO RESIST THE IMPACT
OF A 707 AIRCRAFT AND THAT BEN LADEN'S SATELLITE PHONE
WAS TAPPED. AS OF THE NEXT DAY, BEN LADEN STOPPED USING
HIS DEVICE AND, ON SEPTEMBER 11, THE TERRORISTS USED 767
AIRCRAFTS HOLDING TWICE AS MUCH FUEL AS 707 AIRCRAFTS".
THE CHAIRMAN SAID THAT SECRET MATERIAL COULD NOT BE
BROUGHT TO CIVIL TRIBUNALS.
COUNCIL OF EUROPE'S RESPONSE
5. DE VEL: WHY DO YOU PROPOSE TO USE MILITARY TRIBUNALS
WHEN YOU HAVE GOOD U.S. CIVIL.TRIBUNALS? SPAIN HAS COPED
WITHOUT MILITARY TRIBUNALS WITH OVER 1,000 VICTIMS OF
TERRORISM FOR 30 YEARS. HE NOTED THAT ONE COULD NOT
PREDICT THE EUROPEAN COURT OF HUMAN RIGHTS' REACTION TO
THE UK'S DECISION TO DEROGATE FROM EUROPEAN CONVENTION ON
HUMAN RIGHTS IN RECENT ANTI-TERRORISM LEGISLATION.
INTERNATIONAL TRIBUNALS UNDER THE ROME STATUTE WOULD BE
BETTER.
UNCLASSIFIED
PAGE 04 STRASB 00011 02 OF 05 251842Z
6.
SORINAS: EXTRADITION OF SUSPECTS MAY BE DIFFICULT FROM
COE MEMBER COUNTRIES TO THE U.S. IF THEY WOULD BE SUBJECT
TO THE DEATH PENALTY. THERE IS A NEED FOR INCREASED
COOPERATION TO CURB MONEY LAUNDERING. IT WOULD BE
IMPORTANT FOR THE USG TO JOIN THE COE CONVENTION ON MONEY
LAUNDERING.
7.
HALLER: WELCOMED THE LONG AWAITED VISIT OF A U.S.
MEMBER OF CONGRESS TO A PACE SESSION IN STRASBOURG.
HALLER SAID THAT THE PACE RESPONDED IMMEDIATELY TO
SEPTEMBER 11, 2001 TERRORIST ATTACKS AND HAD ASKED THE
UNCLASSIFIED
UNCLASSIFIED PTQ1724
PAGE 01 STRASB 00011 03 OF 05 251842Z
ACTION H-01
INFO LOG-00 DS-00 EB-00 EUR-00 UTED-00 TEDE-00 L-00
Current Class: UNCLASSIFIED Page: 5
DOS-002265
UNCLASSIFIED
UNCLASSIFIED
Current Class: UNCLASSIFIEwPage: 6
Current Handling: n/a
Document Number: 2002STRASB00011 Channel: n/a
SCT-00 SVC-00 DSCC-00 DRL-02 SAS-00 /003W
5D58E0 251842Z /75
O 251744Z JAN 02
FM AMCONSUL STRASBOURG
TO SECSTATE WASHDC IMMEDIATE 1689
INFO COE COLLECTIVE
USMISSION USUN NEW YORK
USMISION USOSCE
USMISSION GENEVA
USEU BRUSSELS
UNCLAS SECTION 03 OF 05 STRASBOURG 0011
STATE FOR EUR/ERA, EUR/WE, DRL/MLA, H/ L/LEI
PARIS FOR POL, CON, PAO, ADMIN, DCM
BRUSSELS FOR MRICHARD
E.O. 12958: N/A
TAGS:. OREP, PREL, PHUM, KDEM, PTER, FR.
SUBJECT: CODEL SENSENBRENNER TO COUNCIL OF EUROPE
STRASBOURG, FRANCE, JANUARY 19-22, 2002
REF: A) STRASBOURG 010 B) STRASBOURG 009
C) STRASBOURG 008 D) STRASBOURG 005
E) STRASBOURG 004 F) STRASBOURG 002
G) STRASBOURG 001 H) STATE 03686
UNCLASSIFIED
PAGE 02 STRASB 00011 03 OF 05 251842Z
.COMMITTEE OF MINISTERS FOR CONCRETE ANTI-TERRORIST MEASURES, WHICH IT SUBSEQUENTLY DEVELOPED (REF A). THE PACE DOES NOT LIKE MILITARY COURTS. REGRETTING THAT THE FULL COMMITTEE COULD NOT MEET-WITH THE CHAIRMAN AS PLANNED, HALLER GAVE THE CHAIRMAN A COPY OF THE PACE LEGAL AFFAIRS AND HUMAN RIGHTS COMMITTEE REPORT ON TERRORISM THAT HAD RESERVATIONS REGARDING PRESIDENT BUSH'S NOVEMBER 14, 2001 MILITARY ORDER CONCERNING DETENTION, «TREATMENT» AND TRIAL OF CERTAIN NON-CITIZENS BY MILITARY TRIBUNALS AND RISK OF THE DEATH PENALTY. COE STATES CANNOT EXTRADITE PEOPLE WHO RISK CAPITAL PUNISHMENT. THE PACE PLENARY REAFFIRMED THIS POSITION ON JANUARY 24 BY ADOPTING THE REPORT'S RESOLUTION AND RECOMMENDATIONS (REF B).
8. SCHWIMMER: WELCOMED THE VISIT AND NEWS THAT THREE
CURRENT TERRORIST CASES WOULD GO TO CIVILIAN COURTS. HE
WAS CONCERNED OVER THE CHARACTER OF EVIDENCE TO BE USED
IN A CIVILIAN VS. MILITARY COURT AND ASKED IF PRISONERS
Current Class: UNCLASSIFIED Page: 6
UNCLASSIFIED
CLASSIFIED
7
Current Class: UNCLASSIFIED -Page:
Current Handling: n/a
Document Number: 2002STRASB00011 Channel: 'n/a
WOULD HAVE REMEDIES AVAILABLE IN THE U.S. SCHWIMMER
NOTED THAT THE U.S. CONDEMNATION OF USE OF MILITARY
COURTS FOR U.S. CITIZENS ABROAD GAVE THE IMPRESSION OF A
DOUBLE STANDARD. HE INQUIRED ABOUT THE STATUS OF
PRISONERS IN CUBA. SENSENBRENNER STATED THAT THE
INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) WOULD
REPORT ON DEFICIENCIES FOR CORRECTION, IF ANY.
TRANSPORTING DANGEROUS TALIBAN FIGHTERS NECESSITATED
SHACKLING OF THE PRISONERS, GIVEN THE RISK OF HIGHJACKING
AND FLIGHT INTO A BUILDING, IN SENSENBRENNER'S VIEW.
SCHWIMMER OPINED THAT PRISONERS SHOULD BE PROSECUTED,
UNCLASSIFIED
PAGE 03 STRASB 00011 03 OF 05 251842Z
SENTENCED IF GUILTY AND OFFERED PROTECTION OF A LEGAL
SYSTEM. NOTING HIS COMMITTEE OVERSIGHT RESPONSIBILITIES
IN THIS AREA, SENSENBRENNER SAID THAT THE DEFENSE
DEPARTMENT WOULD FORMULATE SPECIFIC REGULATIONS FOR THE
PRISONERS'WHO WERE PROBABLY MORE COMFORTABLE WITHOUT
WALLS IN THAT CLIMATE. SCHWIMMER EXPRESSED APPRECIATION
FOR THE USG OBSERVERSHIP AND HOPED FOR A RELATIONSHIP
WITH THE CONGRESS.
9. IMBERT: A STEERING COMMITTEE FOR HUMAN RIGHTS UNDER
THE COMMITTEE OF MINISTERS IS PREPARING GUIDELINES FOR
THE FIGHT AGAINST TERRORISM WITH DUE RESPECT FOR HUMAN
RIGHTS AND DEMOCRACY. THERE MUST BE A BALANCE BETWEEN THE
FIGHT AGAINST TERRORISM AND PROTECTION OF HUMAN RIGHTS.
STATUS OF MILITARY TRIBUNALS AND PEOPLE ARE TWO DIFFERENT
THINGS. PRISONERS ARE DENIED "PRISONER OF WAR" STATUS
UNDER THE GENEVA CONVENTION BUT AT THE SAME TIME SOME OF
THE PROTECTIONS ARE GIVEN - THAT IS A CONTRADICTION.
AFTER SEPTEMBER 11, THE USG INVOKED INTERNATIONAL LAW AND
UNSC BASED ON INTERNATIONAL LAW AND CALLED THE ATTACKS AN
"ACT OF WAR." WHY AFTER THAT RECOGNITION OF WAR DID THE
U.S. DENY THE STATUS OF WAR PRISONERS TO THE DEgIllaBBES»?
THE CHAIRMAN REPLIED THAT THE GENEVA CONVENTION APPLIED
ONLY TO ARMED FORCES IN UNIFORM. THE TALIBAN WAS NOT AN
ARMED FORCE OF A STATE; ONLY PAKISTAN HAD RECOGNIZED THE
TALIBAN. SENSENBRENNER SAID THAT BEFORE ANYONE WAS
CHARGED, THE DEFENSE DEPARTMENT WOULD PUBLISH IN THE
FEDERAL REGISTER REGULATIONS REGARDING THE MILITARY
TRIBUNALS.
10. JANSSEN: ASKED IF SENSENBRENNER HAD CONSIDERED
UNCLASSIFIED
PAGE 04 STRASB 00011 03 OF 05 251842Z
OPENING THE MILITARY TRIBUNALS TO EUROPEANS, ABOUT
Current Class: UNCLASSIFIED Page: 7
Current Class: UNCLASSIFIEVN CLASSIFIED Page: 8
Current Handling: n/a
Document Number: 2002STRASB00011 Channel: n/a
CENSORSHIP, WAR CRIMINALS IN CUBA AND APPLICABILITY OF
UNSC RESOLUTIONS. NOTING THE WAR POWERS ACT OF 1973, THE
CHAIRMAN SAID THAT CONGRESS CAN DECLARE WAR, AND THAT HE
WAS PARTY TO A SUIT AGAINST PRESIDENT CLINTON. HE ADDED
THAT THE SUPREME COURT HAD NEVER DECIDED RESPECTIVE
RESPONSIBILITIES IN THIS AREA BETWEEN THE EXECUTIVE AND
THE LEGISLATIVE BRANCHES. SENSENBRENNER NOTED THE SUNSET
PROVISION IN THE PATRIOT ACT AFTER 4 YEARS. HE ADDED THAT
THE U.S. SENATE WAS UNLIKELY TO RATIFY ANY TREATY THAT
DID NOT ALLOW TRIAL OF U.S. CITIZENS IN U.S. COURTS.
UNCLASSIFIED
PTQ1727
UNCLASSIFIED.
PAGE 01.STRASB 00011 04 OF 05 251843Z
ACTION H-01
INFO LOG-00.EB-00.UTED-00 TEDE-00 L-00
DS-00.EUR-00.
SCT-00.DSCC-00 DRL-02./003W
SVC-00.SAS-00.
.5D58FF 251843Z /75
O 251744Z JAN 02
FM AMCONSUL STRASBOURG
TO SECSTATE WASHDC IMMEDIATE 1690
INFO COE COLLECTIVE
USMISSION USUN NEW YORK
USMISION USOSCE
USMISSION GENEVA
USEU BRUSSELS
UNCLAS SECTION 04 OF 05 STRASBOURG 0011
STATE FOR EUR/ERA, EUR/WE, DRL/MLA, H, L/LEI
PARIS FOR POL, CON, PAO, ADMIN, DCM
BRUSSELS FOR MRICHARD
E.O. 12958: N/A
TAGS: OREP, PREL, PHUM, KDEM, PTER, FR
SUBJECT: CODEL SENSENBRENNER TO COUNCIL OF EUROPE
STRASBOURG, FRANCE, JANUARY 19-22, 2002
REF: A) STRASBOURG 010 B) STRASBOURG 009
C) STRASBOURG 008 D) STRASBOURG 005
E) STRASBOURG 004 F) STRASBOURG 002
G) STRASBOURG 001 H) STATE 03686
UNCLASSIFIED
PAGE 02.STRASB 00011 04 OF 05 251843Z
Current Class: UNCLASSIFIED Page: 8
DOS-002268
UNCLASSIFIED
UNCLASSIFIEDCurrent Class: UNCLASSIFIEu Page: 9
Current Handling: n/a
Document Number: 2002STRASB00011 Channel: n/a
SENSENBRENNER NOTED THE PRESIDENT'S INTENTION TO CONVERT
ILLEGAL ALIENS' STATUS TO THAT OF GUEST WORKERS.
11. AMBASSADORS/PERMANENT OBSERVERS/COE SENIOR
STAFF/DEPUTY SECRETARY GENERAL: ALL OF SENSENBRENNER'S
ISSUES CAME TOGETHER IN THIS SIGNAL MEETING WITH OVER 20
PEOPLE CHAIRED BY THE ACTING COM CHAIRMAN, AMBASSADOR
PHILLIPS OF LUXEMBOURG. THE LATTER CALLED MR.
SENSENBRENNER'S ATTENTION TO THE MULTINATIONAL
INTERNATIONAL ACTION GROUP AGAINST TERRORISM (GMT), WHICH
THE COMMITTEE OF MINISTERS HAD APPROVED IN NOVEMBER 2001
TO ASSESS JUDICIAL INSTRUMENTS AND TO REPORT BACK BY THE
MAY 2002 MINISTERIAL MEETING IN VILNIUS AND THE
CYBERCRIME CONVENTION (REF A). PHILLIPS NOTED PRESS
CONCERNS, AND THE HOLY SEE PERMANENT OBSERVER INQUIRED
ABOUT PRECEDENTS FOR U.S. MILITARY TRIBUNALS. DE VEL
RAISED EXTRADITION AND APPEAL ISSUES. NOTING AND
NOTWITHSTANDING THE UK'S NOTICE OF DEROGATION TO THE
EUROPEAN CONVENTION ON HUMAN RIGHTS, THE UK AMBASSADOR
STATED THAT ALL DEFENDANTS SHOULD HAVE PROTECTION OF
THEIR RIGHTS UNDER INTERNATIONAL LAW AND THEIR HUMAN
RIGHTS. COE DEPUTY SECRETARY GENERAL KRUGER SUGGESTED THE
UTILITY OF THE EUROPEAN COURT OF HUMAN RIGHTS' VAST
JURISPRUDENCE ON TERRORISM GIVEN THE LONG EXPERIENCE IN
IRELAND IN DEALING WITH TERRORISTS. MULTICULTURAL,
INTERFAITH DIALOGUE WAS COMMENDED TO THE CONGRESSMAN AS
THE U.S. FOUGHT TWO WARS: TERRORISM AND ROOTS OF
TERRORISM (MISGUIDED POPULAR SUPPORT FOR TERRORIST
"HEROES" AND PERCEPTION OF THE U.S. IN CERTAIN PARTS OF
THE WORLD).
UNCLASSIFIED
PAGE 03 STRASB 00011 04 OF 05 251843Z
12.
SENSENBRENNER OBSERVED THAT THE GENEVA CONVENTION PROTECTED UNIFORMED MILITARY OF A HOSTILE STATE BUT SAID THAT THE U.S. WOULD ENSURE HUMANE «TREATMENT» OF .(‹Dinmanms». HE NOTED A RECENT VISIT BY UK OFFICIALS TO THOSE IN CUBA CLAIMING UK CITIZENSHIP. THE PRESIDENT' AND SECRETARY OF DEFENSE WOULD DECIDE WHO GOES TO MILITARY TRIBUNALS, NOTED THE CHAIRMAN. THE U.S. HAD GOTTEN A "BUM RAP" IN SENSENBRENNER'S VIEW, PARTICULARLY SINCE IT HAD GONE INTO ACTION IN BOSNIA AND HERZEGOVINA AND KOSOVO TO PROTECT MUSLIMS.
13.
WILDHABER: THE EUROPEAN COURT OF HUMAN RIGHTS MUST
DECIDE ON THE LEGITIMACY OF THE UK DEROGATION TO THE
EUROPEAN CONVENTION ON HUMAN RIGHTS WITH RESPECT TO ITS
ANTI-TERRORISM LEGISLATION. WILDHABER STATED THAT IT WAS
Current Class: UNCLASSIFIED Page: 9
'UNCLASSIFIED
Current Class: UNCLASSIFIED Page: 10
Current Handling: n/a
Document Number: 2002STRASB00011 Channel: n/a
IN THE UK AND USG'S OWN INTEREST NOT TO BE TOO FAR AWAY
FROM THE USUAL STANDARDS. HE NOTED THAT THE COURT HAS
REJECTED SIMILAR REQUESTS IN THE PAST (I.E., FROM GREECE
AND TURKEY). HE SAID THAT THE COUNCIL OF EUROPE WAS
CLOSE TO PROPOSING A 13TH PROTOCOL TO OUTLAW THE DEATH
PENALTY IN ALL INSTANCES. SENSENBRENNER ACCEPTED
WILDHABER'S OFFER TO BE OF ASSISTANCE WITH RESPECT TO THE
COURT'S CASE LAW ON TERRORISM. (NOTE: THE PACE WELCOMED
ON JANUARY 21 THE COE COMMITTEE OF MINISTERS' DECISION TO
OPEN FOR SIGNATURE A 13TH PROTOCOL TO THE CONVENTION AS
RECOMMENDED BY THE ASSEMBLY IN 1994 TO REVOKE AUTHORITY
FOR THE DEATH PENALTY IN TIMES OF WAR OF IMMINENT THREAT
OF WAR. THE 6TH PROTOCOL CURRENTLY BINDS COE MEMBER
' STATES TO ABOLISH THE DEATH PENALTY IN PEACE-TIME.)
UNCLASSIFIED
PAGE 04 STRASB 00011 04 OF 05 251843Z
"YANKEES STAY HERE"
14. RESPONDING TO SECRETARY GENERAL SCHWIMMER'S EXPRESSION
OF APPRECIATION FOR USG/COE COOPERATION AND THE U.S.
OBSERVERSHIP, SENSENBRENNER RECOUNTED HIS "SUCCESSFUL
FIGHT AGAINST THE STATE DEPARTMENT" IN THE LATE 80'S TO
SAVE THE CONSULATE GENERAL DURING CUT-BACKS TO FUND NEW
POSTS IN 15 EX-SOVIET STATES.
PRESS COVERAGE
UNCLASSIFIED
UNCLASSIFIED PTQ1734
PAGE 01 'ACTION H-01 STRASB 00011 05 OF 05 251843Z
INFO LOG-00 SCT-00 DS-00 SVC-00 EB-00 EUR:00 UTED-.00 TEDE-00 L-00 DSCC-00 DRL-02 SAS-00 /003W 5D5916 251843Z /75
O 251744Z JAN 02
FM AMCONSUL STRASBOURG
TO SECSTATE WASHDC IMMEDIATE 1691
INFO COE COLLECTIVE
USMISSION USUN NEW YORK
USMISION USOSCE
USMISSION GENEVA
USEU BRUSSELS
Current Class: UNCLASSIFIED Page: 10
, . Current Class: UNCLASSIFIEJJ1..)NCLASSIFIED Page: 11
Current Handling: n/a
Document Number: 2002STRASB00011 Channel: n/a
UNCLAS SECTION 05 OF 05 STRASBOURG 0011
STATE FOR EUR/ERA, EUR/WE, DRL/MLA, H, L/LEI
PARIS FOR POL, CON, PAO, ADMIN, DCM
BRUSSELS FOR MRICHARD
E.O. 12958: N/A
TAGS: OREP, PREL, PHUM, KDEM, PTER, FR
SUBJECT: CODEL SENSENBRENNER TO COUNCIL OF EUROPE
STRASBOURG, FRANCE, JANUARY 19-22, 2002
REF: A) STRASBOURG 010 B) STRASBOURG 009
C) STRASBOURG 008 D) STRASBOURG 005
E) STRASBOURG 004 F) STRASBOURG 002
G) STRASBOURG 001 H) STATE 03686
UNCLASSIFIED
PAGE 02 STRASB 00011 05 OF 05 251843Z
15. 'BASED ON SENSENBRENNER'S PRESS BRIEFING AT THE CG'S
RESIDENCE, DNA, ALSACE'S PRINCIPAL DAILY NEWSPAPER, AND
L'ALSACE, A SMALLER ONE, RAN POSITIVE NEWS ARTICLES ABOUT'
THE CODEL AND ITS OBJECTIVES ON JANUARY 22 AND 24,
RESPECTIVELY. THEY MENTIONED THE CONGRESSMAN'S MESSAGE
NOTED IN PARA 3 ABOVE AS WELL AS THE CONGRESSMAN'S
POSITIVE ASSESSMENT OF HIS COE AND PACE MEETINGS. DNA
REPORTED THAT THE CHAIRMAN HAD CONCLUDED HIS VISIT BY
MEETINGS WITH THE PRESIDENT OF THE EUROPEAN COURT OF
HUMAN RIGHTS AND MEMBERS OF THE ASSOCIATION ALSACE-ETATS-
UNIS. BOTH ARTICLES REPORTED THAT SENSENBRENNER'S
ANCESTORS HAD LEFT ALSACE IN 1854 AND THAT HE THOUGHT
HIMSELF TO BE THE ONLY MEMBER OF CONGRESS OF ALSATIAN
ORIGIN.
BROWN
UNCLASSIFIED
« END OF DOCUMENT »
Current Class: UNCLASSIFIED Page: 11
DOS-002271