From: rkel...@netaxs.com (Rod Keller)
Subject: Heber Jentzsch Legal Efforts
Date: 2000/08/08
Message-ID: <8mpc17$i0l@netaxs.com>
X-Deja-AN: 655891637
Organization: Philadelphia's Complete Internet Provider
Newsgroups: alt.religion.scientology

 
The following diplomatic cables were received in anonymous e-mail. To me
they indicate that Scientology has been negotiating with the U.S.
Government to not fulfil our obligations under the treaty we have with
Spain. The cables are not classified. The amazing part is how they
evaluate the motives and strength of the Spanish case without any regard
for the right of a nation to try its own cases. Selected press have
received the cables, and I plan to send them to my congressmen, senators,
and the Spanish Embassy.

UNCLASSIFIED
UNCLAS SECTION 01 OF 02 MADRID 003029
2ND C O R R E C T E D C O P Y //CLASSIFICATION ADDED TO PARAS//
STATE FOR CA/OCS/EUR AND L/LEI - KEN PROPP
DRL FOR HAROLD KOH AND ROBERT SIEPEL JUSTICE FOR OIA MARGARET COTTER
SENSITIVE BUT UNCLASSIFIED
E.O. 12958: N/A
TAGS: CJAN,PHUM,CASC,PREL,SP
SUBJECT: MEETING WITH SCIENTOLOGY LAWYERS: USG SHOULD COMPLY WITH MLAT,
BUT FIRST TRY TO AVOID TRIAL
REFS: A) 99 MADRID 4748; (B) 99 MADRID 5061

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.  BT

UNCLAS SECTION 02 OF 02 MADRID 003029
C 0 R R E C T E D C 0 P Y//CALSSIFICATION ADDED TO PARAS//
STATE FOR CA/OCS/EUR AND L/LEI - KEN PROPP
DRL FOR HAROLD KOH AND ROBERT SIEPEL JUSTICE FOR OIA MARGARET COTTER
SENSITIVE BUT UNCLASSIFIED
E.O. 12958: N/A
TAGS: CJAN,PHUM,CASC,PREL,SP
SUBJECT: MEETING WITH SCIENTOLOGY LAWYERS: USG SHOULD COMPLY WITH MLAT,
BUT FIRST TRY TO AVOID TRIAL

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:  A)THE
INVESTIGATION OF THE CHURCH OF SCIENTOLOGY IN SPAIN BEGAN IN 1984, WHEN AN
OFF-DUTY SPANISH POLICEMAN ALLEGEDLY HIRED BY THE CHURCH OF SCIENTOLOGY IN
SPAIN WAS CHARGED WITH ILLEGAL DETENTION. OTHER ACCUSATIONS FOLLOWED FROM
INDIVIDUAL SPANIARDS WHO FELT THEY HAD BEEN MISTREATED OR CHEATED BY
NARCONON AND DIANETICA, SCIENTOLOGY-AFFILIATED ORGANIZATIONS IN SPAIN. ALL
OF THIS CULMINATED IN THE ARREST OF JENTZSCH AND OTHERS IN 1988. IT WAS
INDIVIDUALS WHO FELT VICTIMIZED, NOT THE SPANISH STATE, WHO INITIATED THE
CASE AGAINST THE CHURCH OF SCIENTOLOGY. 

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.  
ROMERO 
BT

----------------------------------------------------------------------

Text available at http://parishioner.org/spain.html with some
additional hyperlinks.

    Key to Abbreviations

AMCIT - American Citizen
CA - Office of the Assistant Secretary for Consular Affairs, Mary A. Ryan
CG - Consul General Douglas R. Smith
DOJ - Department of Justice
DRL - Bureau of Democracy, Human Rights and Labor Affairs, Department of
      State
HAROLD KOH - Harold Hongju Koh, Assistant Secretary of State
EUR - European Affairs, Acting Assistant Secretary of State James F.
      Dobbins
FSN - Foreign Service National
L/LEI - Legal Advisor / Law Enforcement and Intelligence, Department of
        State, Ken Propp
MADRID - U.S. Embassy to Spain, Serrano 75, 28006 Madrid, Spain
OIA - Office of International Affairs, Department of Justice
MARGARET COTTER - Office of International Affairs, Department of Justice
MLAT - Mutual Legal Assistance Treaty (see below)
POLCOUNS - Political Counselor Michael Butler, Department of State
REFS - References to previous cables
REFTEL - Referenced Telephone Call
ROBERT SIEPLE - Ambassador at Large for International Religious Freedom
ROMERO - Edward L. Romero, Ambassador to Spain
SBU - Sensitive But Unclassified
USG - United States Government

The treaty mentioned is the 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.