El caso Couso

Cable en el que se describe una conversación telefónica con el fiscal de la Audiencia

En mayo de 2007, Javier Zaragoza afirma que la muerte de Couso no fue intencional

01 dic 2010 - 13:00CET

ID:	108128
Date:	2007-05-14 15:51:00
Origin:	07MADRID910
Source:	Embassy Madrid
Classification:	UNCLASSIFIED//FOR OFFICIAL USE ONLY
Dunno:	07MADRID800 07MADRID899
Destination:	VZCZCXRO4569 PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV DE RUEHMD #0910 1341551 ZNR UUUUU ZZH P 141551Z MAY 07 FM AMEMBASSY MADRID TO RUEHC/SECSTATE WASHDC PRIORITY 2513 INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0166 RUEHLA/AMCONSUL BARCELONA PRIORITY 2698 RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY RUEKJCS/JOINT STAFF WASHDC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY RUCNFB/FBI WASHDC PRIORITY
UNCLAS MADRID 000910 SIPDIS SIPDIS SENSITIVE EUR/WE FOR ALLEGRONE, CLEMENTS, AND CERVETTI L/LEI FOR PROPP, KULISH, AND JOHNSON E.O. 12958: N/A TAGS: PREL, PGOV, MARR, SP SUBJECT: SPAIN/COUSO CASE: PROSECUTOR APPEALS CHARGES AGAINST US SERVICEMEN REF: A. MADRID 899 B. MADRID 800 AND OTHERS (SBU) National Court Chief Prosecutor Javier Zaragoza contacted the DCM on May 14 to report that on May 11 he had appealed the decision by National Court Magistrate Santiago Pedraz to file formal charges against the three US servicemen named in the case filed by relatives of Spanish cameraman Jose Couso (reftels). This case now proceeds to the appeals body within the National Court ("Sala de lo Penal de la Audiencia Nacional"). This is the same appeals tribunal that dismissed the Couso case in 2006 on the grounds that Spain did not have jurisdiction to try the case. The Supreme Court overturned the decision of the National Court and ruled that Spain did have jurisdiction, but did not rule on the substance of the Couso case. Zaragoza told the DCM that, while he was sympathetic towards the Couso family and there was strong political pressure related to the Couso legal case, his job was to make a technical/legal evaluation. Zaragoza said that his review of the facts led him to conclude that the killing of Jose Couso by the US servicemen was not intentional, therefore the servicemen could not be charged with war crimes or murder. Post will seek a copy of Zaragoza's appeal to share with the Department. Aguirre