R 121801Z NOV 91 FM AMEMBASSY MADRID TO SECSTATE WASHDC 8622 UNCLAS SECTION 01 OF 03 MADRID 12971 SUBJECT: SPAIN: 1991 ANNUAL

TERRORISM REPORT REF: STATE 346420 1. THE FOLLOWING REPORT IS EMBASSY'S CONTRIBUTION TO THE ANNUAL TERRORISM REPORT FOR SPAIN FOR 1991. RESPONSES ARE KEYED TO THE QUESTIONS POSED IN REFTEL. ----------------------------------------------A. GOS PROSECUTIONS INVOLVING INTERNATIONAL TERRORISM AND SIGNIFICANT ACTS OF DOMESTIC TERRORISM ----------------------------------------------2. TERRORIST ATTACKS IN SPAIN INCREASED DRAMATICALLY IN 1991, LEAVING MORE VICTIMS IN THE FIRST HALF OF THE YEAR THAN IN ALL OF 1990. THE TWO MAJOR TERRORIST GROUPS ARE THE EXTREMIST BASQUE SEPARATIST GROUP "EUSKADI TA ASKATASUNA" (ETA), OR THE BASQUE HOMELAND AND LIBERTY MOVEMENT, AND THE SMALLER, RADICAL ANTI-CAPITALIST GROUP "FIRST OF OCTOBER ANTI-FASCIST RESISTANCE GROUP" (GRAPO). ETA'S PRINCIPAL INTERNATIONAL CONNECTION IS TO BASQUES RESIDENT IN FRANCE. THE "ITINERANT

COMMAND" WITHIN ETA, DISMANTLED IN 1990 THROUGH GOS/GOF COOPERATION, WAS COMPOSED OF FRENCH BASQUES OR SPANISH BASQUE RESIDENTS IN FRANCE. ETA BRANCHED OUT IN 1991 FROM 1989-90 ATTACKS AGAINST SPANISH RELATED TARGETS IN THE NETHERLANDS TO TARGETS IN ITALY AND GERMANY. WHEN THE ITALIAN TERRORIST GROUP "FALANGE ARMADA" CLAIMED RESPONSIBILITY FOR 1991 BOMBINGS IN ROME AND MILAN, IT SAID THAT IT ACTED ON ETA'S BEHALF. GRAPO ALSO HAS CONTACTS WITH FRANCE, AND SOME OF ITS LEADERS ARE BELIEVED TO BE RESIDENT THERE. 3. TWO SMALLER SPANISH TERRORIST GROUPS WERE ALSO ACTIVE IN 1991: THE BASQUE ANTI-CAPITALIST TERRORIST GROUP "IRAULTZA," WHICH HAD BEEN DORMANT FOR SOME MONTHS (AND WHICH HAS TARGETED AMERICAN BUSINESSES IN THE PAST), AND THE GUERRILLA ARMY OF THE FREE GALICIAN PEOPLE (EGPGC). A THIRD TERRORIST GROUP, "TERRA LLIURE," A SMALL CATALAN SEPARATIST GROUP ALREADY SIGNIFICANTLY WEAKENED, PUBLICLY RENOUNCED THE USE OF TERRORISM IN 1991 AND AFFILIATED ITSELF WITH A SMALL REGIONALIST PARTY. IT MAY DEVELOP NON-VIOLENT PROTESTS DURING THE OLYMPIC GAME PERIOD. 4. THE "GAL" (ANTI-TERRORIST LIBERATION GROUP) TRIAL OF TWO EX-NATIONAL POLICE OFFICIALS FOR ORGANIZING ASSASSINATIONS OF ETA MEMBERS IN FRANCE CONCLUDED THIS SUMMER, WITH BOTH MEN RECEIVING STIFF PRISON SENTENCES, EACH TOTALLING OVER 100 YEARS. 5. PRE-TRIAL INVESTIGATIONS ARE PROCEEDING AGAINST A NUMBER OF JAILED DOMESTIC AND INTERNATIONAL

TERRORISTS; BUT THE CRIMINAL PROSECUTION PROCESS TENDS TO BE SLOW. SPANISH LAW AUTHORIZES PREVENTIVE DETENTION OF ALLEGED TERRORISTS FOR UP TO TWO YEARS AND AN EXTENSION OF TWO YEARS UPON A JUDICIAL DETERMINATION OF PROBABLE CAUSE, WHILE INVESTIGATIONS ARE PROCEEDING. THE GAL DEFENDANTS, FOR EXAMPLE, WERE UNDER DETENTION FOR THREE YEARS BEFORE THEIR TRIAL. SPANISH PROSECUTORS ALSO ROUTINELY SEEK LENGTHY PRISON SENTENCES; BUT THE MAXIMUM TIME SERVED, EVEN IN CONVICTIONS FOR MULTIPLE CRIMES, CANNOT BE MORE THAN 30 YEARS. ---------------------------------------------B. GOS EXTRADITIONS AND EXTRADITION REQUESTS ---------------------------------------------6. ETA TERRORISTS RESIDE IN MANY COUNTRIES, AMONG THEM CAPE VERDE, CUBA, THE DOMINICAN REPUBLIC, ECUADOR, FRANCE, SAO TOME PRINCIPE, AND VENEZUELA. OFTEN, THEY RESIDE ABROAD IN EXILE BY AGREEMENT BETWEEN SPAIN AND HOST GOVERNMENTS. 7. DURING 1991, THE GOS CONTINUED ITS VIGOROUS EFFORTS TO EXTRADITE ETA TERRORISTS FROM ABROAD, ESPECIALLY FROM FRANCE, BUT WITH LITTLE SUCCESS. PROCEDURAL EXTRADITION PROBLEMS BETWEEN THE GOF AND GOS CONTINUED TO HAMPER BILATERAL COOPERATION. FOR EXAMPLE, A PROCEDURAL ERROR REQUIRED THE GOF TO RELEASE AN ETA OPERATIVE, ANTONIO GABIOLA GOYOGANA, IN JULY. THE MAY 1990 EXTRADITION FROM FRANCE OF JOSE RAMON MARTINEZ DE LA PUENTE CONTINUES TO BE THE SOLE EXTRADITION FROM FRANCE OF A RELATIVELY HIGH RANKING ETA MEMBER.

---------------------------------------------C. IMPEDIMENTS TO PROSECUTION OR EXTRADITION ---------------------------------------------8. THE PRINCIPAL IMPEDIMENT TO EXTRADITION FROM SPAIN IS THAT EXTRADITION WILL NOT BE GRANTED IF THE PERSON WOULD BE SUBJECT TO THE DEATH PENALTY. THIS PROBLEM IS HANDLED BY AN UNDERTAKING FROM THE REQUESTING COUNTRY THAT THE DEATH PENALTY WILL NOT BE SOUGHT IN THE CASE IN QUESTION. ---------------------------------------D. OTHER RESPONSES TO COMBAT TERRORISM ---------------------------------------9. THE SPANISH GOVERNMENT STRONGLY AND CONSISTENTLY OPPOSES TERRORISM, EVEN WHEN USED TO COMBAT TERRORISM, AS DEMONSTRATED BY THE GAL PROSECUTION. TERRORIST ACTS ARE VEHEMENTLY, UNAMBIGUOUSLY, AND REPEATEDLY CONDEMNED BY HIGH RANKING GOS OFFICIALS. 10. SPAIN IS NOT ONLY CONTINUING ITS STRONG CAMPAIGN AGAINST DOMESTIC TERRORISM, BUT HAS STEPPED UP ITS EFFORTS TO IMPROVE COUNTER-TERRORISM READINESS. THE GOS RECOGNIZES THAT THERE WILL BE AN INCREASED RISK OF TERRORISM IN 1992 DIRECTED AGAINST THE OLYMPIC GAMES IN BARCELONA AND ITS SATELLITE LOCATIONS, THE WORLD'S FAIR IN SEVILLE, AND EVENTS CELEBRATING THE DISCOVERY OF THE AMERICAS.

11. THE GOS IS CONTINUING ITS POLICY OF DISPERSING ETA AND GRAPO PRISONERS, TO ISOLATE THEM FROM SUPPORTERS AND MAKE RESCUE ATTEMPTS MORE DIFFICULT. ETA AND GRAPO HAVE RESPONDED BY STEPPING UP ATTACKS AGAINST PRISON AUTHORITIES. IN 1991, GRAPO ASSASSINATED A DOCTOR WHO TREATED GRAPO PRISONERS ON HUNGER STRIKE. 12. THE GOS IS ALSO CONTINUING ITS REINSERTION PROGRAM, UNDER WHICH A PRISONER CONVICTED OF TERRORISM MAY RECEIVE LIMITED IMMUNITY IF HE RENOUNCES THE USE OF FORCE. 13. THE GOS HAS MADE JUDICIAL REFORM ONE OF ITS PRIORITIES AND HAS INTRODUCED A BILL TO STRENGTHEN THE CRIMINAL CODE. ONE NEW PROPOSAL WOULD REQUIRE ANYONE CONVICTED OF TERRORISM TO COMPLETE HIS/HER FULL SENTENCE, WITH NO TIME OFF FOR GOOD BEHAVIOR. BECAUSE OF THE 30-YEAR LIMITATION ON PRISON SENTENCES SERVED, THE MAJOR IMPACT OF THIS CHANGE WOULD FALL ON THOSE RECEIVING SHORTER SENTENCES, SUCH AS MINOR ACCOMPLICES, DISCOURAGING ASSISTANCE TO TERRORISTS. 14. SPANISH LAW PROHIBITS THE PAYMENT OF RANSOM TO TERRORISTS, CONSIDERING SUCH PAYMENT COLLABORATION. ONE BUSINESSMAN KIDNAPPED IN LATE 1990 WAS RELEASED BY ETA IN FEBRUARY 1991, REPORTEDLY UPON PAYMENT OF A RANSOM BY HIS FAMILY, BUT NO PROSECUTIONS HAVE BEEN ANNOUNCED, UNLIKE A SIMILAR CASE IN 1990.

------------------------------------------E. MAJOR COUNTERTERRORISM EFFORTS OF 1991 ------------------------------------------15. SPAIN COORDINATES ITS COUNTERTERRORIST ACTIVITIES THROUGH THE EC'S TREVI GROUP AND BILATERALLY WITH MANY NATIONS, INCLUDING THE U.S. BILATERAL ANTI-TERRORISM COOPERATION WITH FRANCE CONTINUES TO IMPROVE AND HAS DELIVERED SOME IMPORTANT SUCCESSES AGAINST ETA IN FRANCE. 16. DOMESTICALLY, GOS EFFORTS HAVE FOCUSED ON ETA, AS THE MOST SOPHISTICATED AND LETHAL OF THE DOMESTIC TERRORIST GROUPS, AND GRAPO. AS IN 1990, COOPERATION BETWEEN THE NATIONAL POLICE AND CIVIL GUARD CONTINUES TO BE A GOS FOCUS FOR IMPROVEMENT. ONE STEP IN THIS DIRECTION IN 1991 WAS TO RESTRUCTURE THE CIVIL GUARD TO MORE CLOSELY PARALLEL THE ORGANIZATION OF THE NATIONAL POLICE. 17. IN THE SUMMER OF 1991, ETA AGAIN ANNOUNCED A BOMBING CAMPAIGN AGAINST DESIGNATED RAIL LINES, IN AN ATTEMPT TO DISRUPT HOLIDAY TRAVEL EMBARRASS THE GOS. THE GOS MOVED QUICKLY AND DECISIVELY TO AVOID PUBLIC PANIC AND LIMIT INCONVENIENCE, ALTHOUGH THIS REQUIRED A HEAVY COMMITMENT OF PERSONNEL AND RESOURCES. THREE BOMBS EXPLODED ON RAILWAY LINES, WITH LIGHT MATERIAL AND NO HUMAN CASUALITIES. 18. DURING THE GULF WAR, THE GOS TOOK IMMEDIATE STEPS TO INCREASE SECURITY AROUND HIGH RISK TARGETS

AND DISCOURAGE ANY ATTEMPTED MIDDLE EASTERN TERRORIST ACTIVITIES IN SPAIN. THE GOS ALSO TOOK SIMILAR SPECIAL MEASURES TO PROVIDE SECURITY DURING THE 1991 MIDDLE EAST PEACE CONFERENCE IN MADRID. ------------------------------------------F. GOS SUPPORT FOR INTERNATIONAL TERRORISM ------------------------------------------19. THE GOS DOES NOT SUPPORT, FINANCIALLY OR DIPLOMATICALLY, INTERNATIONAL TERRORIST ACTIVITIES. THE PLO MAINTAINS A REPRESENTATIVE OFFICE IN MADRID, BUT THAT OFFICE DOES NOT HAVE DIPLOMATIC STATUS. IN THE UNITED NATIONS, THE GOS HAS OPPOSED OBSERVER STATUS FOR THE PLO, AND THE GOS ENFORCES EC SANCTIONS AGAINST LIBYA. ------------------------------------------G. PUBLIC STATEMENTS SUPPORTING TERRORISM ------------------------------------------20. THE GOES DOES NOT ISSUE PUBLIC STATEMENTS IN SUPPORT OF TERRORISM OR OF TERRORIST SUPPORTING COUNTRIES ON TERRORISM ISSUES. --------------------------------------------------H. CHANGES IN SPANISH ATTITUDES TOWARDS TERRORISM --------------------------------------------------21. THE AWARENESS OF THE THREAT POSED BY MIDDLE

EASTERN TERRORISTS GREW IN 1991, AS SPAIN PARTICIPATED IN THE INTERNATIONAL COALITION AGAINST IRAQI AGGRESSION AND HOSTED THE MIDDLE EAST PEACE CONFERENCE. CASEY (Edited and reformatted by Andres for ease of reading.)