| The following cables were received in anonymous
e-mail. UNCLASSIFIED 1. (SBU) SUMMARY: IN A JULY 18 MEETING WITH CG, POLCOUNS AND FSN LEGAL ADVISOR, US LAWYERS DEFENDING THE CHURCH OF SCTENTOLOGY AGAINST SPANISH PROSECUTION AGAIN ASKED THE EMBASSY TO RECOMMEND DENYING SPAIN'S REQUEST TO SERVE SUMMONS TO AMCIT HEBER JENTZSCH UNDER THE MUTUAL LEGAL ASSISTANCE TREATY. THIS BEING OUR THIRD MEETING, WE AGAIN REITERATED OUR VIEW THAT SERVICE OF SUMMONS AGAINST MR. JENTZSCH WOULD NOT PREJUDICE "THE SECURITY OR SIMILAR ESSENTIAL INTERESTS" OF THE US, THE STANDARD REQUIRED TO DENY AN MLAT REQUEST (ARTICLE 3). ON THE CONTRARY, DENYING THE REQUEST WOULD JEOPARDIZE ESSENTIAL US LAW ENFORCEMENT INTERESTS. WE BELIEVE THE SPANISH CASE IS EXTREMELY WEAK AND FRAUGHT WITH ANOMALIES, BUT THESE ARE ESSENTIALLY LEGAL, NOT RELIGIOUS, IN NATURE. WE ARE ALSO CONVINCED IT IS EXTREMELY UNLIKELY THE CASE WILL GO TO TRIAL, EVEN LESS LIKELY JENTZSCH WOULD BE CONVICTED IF IT DID, AND BEYOND CONCEPTION THAT HE WOULD SERVE ANY TIME IF CONVICTED. HOWEVER, WE RECOMMEND DOJ DELAY SERVING SUMMONS TO PROVIDE MORE TIME FOR A SETTLEMENT, WHILE WE FOLLOW UP ON WHAT TO DO IN SPAIN TO AVOID A TRIAL. END SUMMARY. 2. (SBU) ON JULY 18 SCIENTOLOGY COUNSELS BILL WALSH AND MONIQUE YINGLING PRESENTED EMBASSY REPS WITH THE SPANISH PROSECUTION'S PROPOSED SETTLEMENT, IN THE FORM OF A REVISED PROSECUTION WRIT, DROPPING ALL CHARGES AGAINST SCIENTOLOGY PRESIDENT HEBER JENTZSCH. THE SPANISH PROSECUTION WITHDREW THE OFFER FOLLOWING A LAST MINUTE RENEGING BY ONE OF THE DEFENDANTS. THE COURT SET A NEW TRIAL DATE, SEPTEMBER 25, TRIGGERING ANOTHER SPANISH REQUEST TO THE USG TO SUMMON JENTZSCH. 3. (SBU) THE PROSECUTION'S REVISED WRIT CITES OTHER EUROPEAN GOVERNMENTS'S RECOGNITION OF SCIENTOLOGY'S RELIGIOUS NATURE AS THE MOTIVE FOR DROPPING ALL CHARGES AGAINST JENTZSCH. THIS, CONTEND WALSH AND YINGLING, PROVES THAT JENTZSCH IS BEING PROSECUTED FOR HIS RELIGIOUS BELIEFS. THE LAWYERS ALSO CITED THE PROSECUTION'S REQUEST JENTZSCH WAIVE ANY CLAIMS AGAINST THE SPANISH GOVERNMENT AS FURTHER EVIDENCE IT KNOWS IT'S IN THE WRONG. 4. (SBU) WE REPLIED THAT WE AGREE THE CASE AGAINST JENTZSCH IS EXTREMELY WEAK (GRANTED, WE HAVEN'T SEEN THE EVIDENCE, BUT FROM OUR PERSPECTIVE, IT APPEARS TO BORDER ON THE ABSURD), AND THAT SOME SPANISH AUTHORITIES DURING THE PAST TWELVE YEARS HAVE IN ONE WAY OR ANOTHER MADE CLEAR THEIR PERSONAL PREJUDICE AGAINST THE CHURCH. BUT, WE STRESSED, THE PARTICULAR CASE AGAINST HEBER JENTZSCH IS UNTENABLE ON LEGAL GROUNDS, PRIMARILY THE PROSECUTION'S FAILURE TO LINK HIM TO THE ALLEGED CRIMES. WE SEE NO EVIDENCE THAT THE SPANISH GOVERNMENT IS PROSECUTING JENTZSCH FOR HIS BELIEF IN SCIENTOLOGY, OR THAT IT SEEKS TO DENY THE RIGHTS OF SPANISH SCIENTOLOGISTS. AS DOCUMENTED IN THE LAST TWO REPORTS ON RELIGIOUS FREEDOM IN SPAIN, AND IN REFTELS, THE CHURCH OF SCIENTOLOGY CONTINUES TO OPERATE FREELY ALL OVER SPAIN. WHILE IT IS NOT RECOGNIZED AS A RELIGION, IT IS REGISTERED AS A CULTURAL ASSOCIATION WITH SPAIN'S INTERIOR MINISTRY. IN ADDITION, SPANISH COURTS HAVE RULED IN FAVOR OF THE CHURCH IN THREE SEPARATE CASES SINCE 1987. 5. (SBU) AFTER WE AGREED TO DISAGREE, WE FOCUSED ON THE MORE IMMEDIATE ISSUE, AVOIDING TRIAL. THE DEFENSE LAWYERS AGREE THAT THE SPANISH PROSECUTION IS ALSO ANXIOUS TO AVOID TRIAL, AND THAT THE DECISION BY ONE OF THE DEFENDANTS TO RENEGE ON THE SETTLEMENT AT THE ELEVENTH HOUR ANGERED THE PROSECUTOR, WHO RESPONDED BY WITHDRAWING THE ENTIRE SETTLEMENT AND CALLING FOR A TRIAL DATE. WALSH AND YINGLING STILL EXPECT A SETTLEMENT, A FEELING SHARED BY ONE OF SCIENTOLOGY'S SPANISH LAWYERS, WITH WHOM WE MET LAST WEEK. THE SPANISH DEFENSE LAWYER TOLD CG AND FSN LEGAL ADVISOR HE WOULD LOVE TO GO TO TRIAL, BECAUSE THE CHARGE AGAINST JENTZSCH IS SO PREPOSTEROUS HE IS CONSIDERING BRINGING THE PROSECUTION UP ON JUDICIAL MISCONDUCT CHARGES. 6. (SBU) WE ALL AGREED THE BEST COURSE OF ACTION IS TO DELAY THE SERVING OF SUMMONS
TO JENTZSCH LONG ENOUGH TO GIVE THE DEFENSE AND THE PROSECUTION TIME TO REACH A
SETTLEMENT. WHILE WALSH AND YINGLING DEMURRED, WE FIND IT HARD TO BELIEVE THE SEPTEMBER 25
TRIAL DATE, COMING A MERE THREE WEEKS AFTER THE AUGUST VACATIONS, WILL BE MET. YINGLING
LET IT SLIP THAT THE LEAD DEFENSE LAWYER, ONE OF MADRID'S HIGH POWERED LITIGATORS,
RECENTLY SUFFERED A STROKE, WHICH ALONE COULD PROVIDE A BASIS FOR A DELAY IN THE TRIAL.
THERE ARE NUMEROUS OTHER TACTICS THE DEFENSE CAN USE TO DELAY THE TRIAL. UNCLAS SECTION 02 OF 02 MADRID 003029 7. (SBU) THE OBVIOUS SOLUTION FROM OUR PERSPECTIVE, AS WE DISCUSSED WITH WALSH AND YINGLING, IS TO CONVINCE THE PROSECUTION TO BREAK OFF THE ONE RECALCITRANT DEFENDANT AND TRY HIM SEPARATELY. APPARENTLY THE PROSECUTOR WANTS THIS CASE SETTLED WHOLE, AND IS UNWILLING TO REACH SEPARATE AGREEMENTS. NEVERTHELESS, THIS REMAINS A POSSIBILITY. IN THE MEANTIME, WE OFFERED TO USE OUR CONTACTS WITHIN THE SPANISH JUDICIARY TO DISCRETELY SEEK WAYS TO DELAY THE TRIAL DATE. BUT WE ALSO WARNED THEM AN AGGRESSIVE APPROACH ON OUR PART COULD CREATE A NEGATIVE BACKLASH, WHICH THEY UNDERSTOOD MUST BE AVOIDED. 8. (SBU) EMBASSY WOULD LIKE TO OFFER THE FOLLOWING POINTS TO PROVIDE ADDITIONAL
BACKGROUND AND CONTEXT FOR WASHINGTON READERS: B) THE FACT THAT OTHERS CHARGED IN THE CASE APPARENTLY CONFESSED TO THEIR CRIMES IN THE LATEST DRAFT PROSECUTION WRIT (NOW WITHDRAWN) IS EVIDENCE SPANISH AUTHORITIES HAD LEGITMATE LAW ENFORCEMENT MOTIVATION BEHIND THE DECISION TO BRING THE CASE TO COURT. C) THE SPANISH GOVERNMENT NEVER CLOSED THE CHURCH IN SPAIN, EVEN FOLLOWING THE 1988 ARRESTS, ALTHOUGH FOLLOWING THE ARRESTS THE EXAMINING JUDGE ORDERED THE CONFISCATION OF DOCUMENTS AND OTHER ARTICLES FROM SOME SCIENTOLOGY OFFICES, AND SOME BANK ACCOUNTS IMPOUNDED, TO BE USED AS EVIDENCE IN THE CASE. D) A SCIENTOLOGY PUBLICATION LISTS EIGHT SCIENTOLOGY CENTERS CURRENTLY OPERATING IN SPAIN. THIS EMBASSY HAS IN THE RECENT PAST ISSUED RELIGIOUS (R) VISAS TO LOCAL CHURCH OF SCIENTOLOGY MEMBERS TRAVELING ON CHURCH BUSINESS TO THE US. 9. (SBU) COMMENT: AT THIS POINT WE CAN BEST SERVE US INTERESTS BY DOING WHAT WE CAN
TO HELP THE PARTIES REACH A SETTLEMENT. WHILE WE DISAGREE WITH SCIENTOLOGY'S LAWYERS THAT
THIS IS A CASE OF RELIGIOUS PERSECUTION, WE CERTAINLY AGREE THAT THE CHARGES AGAINST
JENTZSCH ARE SUPERFICIAL, TO SAY THE LEAST. THE PROSECUTION OF THE CASE CONTINUES, IN OUR
JUDGEMENT, BECAUSE THEY CAN'T SIMPLY DROP ALL CHARGES AND HAVE NOTHING TO SHOW FOR TWELVE
YEARS OF FINANCIAL EXPENDITURE AND JUDICIAL EFFORT. BUT INVOKING ARTICLE 3 OF THE MLAT AND
CITING RELIGIOUS PERSECUTION AS THE EXPLANATION (THE TREATY REQUIRES AN EXPLANATION),
WOULD BLATANTLY CONTRADICT YEARS OF USG ASSERTIONS THAT SPAIN IS A DEMOCRACY THAT RESPECTS
FUNDAMENTAL FREEDOMS. A USG WILLINGNESS TO INVOKE THE ESSENTIAL INTERESTS CLAUSE MERELY TO
AVOID SERVING A SUMMONS WOULD ALSO CALL INTO QUESTION OUR COMMITMENT TO LAW ENFORCEMENT
COOPERATION IN SPAIN AND OTHER COUNTRIES. WE RECOMMEND A DELAY IN SERVICE TO ALLOW THE
PARTIES TO REACH AGREEMENT. BUT IF THIS TACTIC FAILS, WE RECOMMEND THAT THE SUMMONS BE
SERVED. Key to Abbreviations AMCIT - American Citizen U.S. - Spain Treaty on mutual Legal Assistance in Criminal Matters, entered into force June 23, 1993. Sentate Treaty Doc. 102-21, 102nd Cong. 2d. Ratified October 9, 1992. Letter from President George Bush recommending the treaty to the Senate. Analysis of authenticity and details contained in this cable email alerma@bellatlantic.net for a detailed analysis - offerred to valid media and law enforcement only |