ID

129361

Etiquetas

KOCI, PREL, CASC, SP

Fecha

2007-11-08 19:29:00

RefID

07MADRID2093

Origen

Embassy Madrid

Clasificación

CONFIDENTIAL

Destino

07MADRID2041

07MADRID597

Encabezado

VZCZCXRO1914

PP RUEHAG RUEHROV

DE RUEHMD #2093/01 3121929

ZNY CCCCC ZZH

P 081929Z NOV 07

FM AMEMBASSY MADRID

TO RUEHC/SECSTATE WASHDC PRIORITY 3774

INFO RUCNMEM/EU MEMBER STATES COLLECTIVE

RUEHLA/AMCONSUL BARCELONA 3169

RUEAWJA/DEPT OF JUSTICE WASHDC

Contenido

C O N F I D E N T I A L SECTION 01 OF 02 MADRID 002093

SIPDIS

SIPDIS

DEPARTMENT FOR L, CA/OCS/CI AND EUR/WE

E.O. 12958: DECL: 11/07/2017

TAGS: KOCI, PREL, CASC, SP

SUBJECT: SPANISH AGAIN BRING UP CARRASCOSA CASE AND MAY

RAISE WITH LEGAL ADVISOR

REF: A. MADRID 2041

B. MADRID 597

MADRID 00002093 001.2 OF 002

Classified By: DCM HUGO LLORENS FOR REASONS 1.4 (B) AND (C)

1. (C) The DCM met November 5 with Secretary of State for

Justice Julio Perez Hernandez to thank him for Spain's

efforts in the Al-Kassar extradition case (REFTEL A). Perez

Hernandez raised during the meeting Spain's continuing

concern over the long-running case of Maria Jose Carrascosa,

a Spanish attorney from Valencia held in a New Jersey prison

since November 2006 for contempt of court after failing to

produce her daughter before a New Jersey court. Perez

Hernandez said he was considering asking Spanish Ambassador

to the U.S. Carlos Westendorp to raise the matter in

Washington with the Department's Legal Advisor. The DCM

explained to Perez Hernandez that the Department was not in a

position to persuade the judge to withdraw his contempt

citation. Separately, Spanish press reported on November 6

that Carrascosa's sister has asked President Zapatero to

intervene on her sister's behalf and would be meeting with

officials at Spain's Ministry of Justice on November 8 to

discuss the case.

//BACKGROUND//

2. (C) Maria Jose Carrascosa removed her daughter, @ELIMINADO@, from New Jersey and the United States in violation of

New Jersey law and an existing parenting agreement that

stated @ELIMINADO@ was not to leave the U.S. A Spanish court in

Valencia denied the father's request, under the Hague

International Child Abduction Convention, to return the child

to the U.S. That decision was upheld on appeal. Carrascosa

then returned to New Jersey to continue litigating the

divorce. She was ordered to produce @ELIMINADO@, fled, was

arrested in New York, and jailed for contempt of court until

she complies with the court's ruling and produces her

daughter. Her "habeas corpus" petition was denied in Federal

Court in February. In an unusual move, the judge agreed to

rehear the petition and allowed her lawyers to file "amicus"

briefs. On May 14, the petition was again denied. In the

decision, the judge extensively quoted Spanish Hague legal

expert Elisa Perez-Vera in support of the New Jersey Court's

ruling that the Spanish court exceeded its authority under

the Convention and therefore the New Jersey court was not

bound by its decision. Carrascosa's family made many false

statements to the Spanish press about her confinement

conditions. Carrascosa's sister and father told Spanish

media that she was not receiving proper medical care for a

thyroid condition and that, "the U.S. is treating her worse

than the ones held in Guantanamo." The Embassy has

consistently maintained that Carrascosa was being treated

well and receiving all necessary medication.

3. (U) The Ministry of Justice released a statement on

November 5 expressing its, "concern for the regrettable

situation that a Spanish citizen has suffered for several

months." However, the release said that the Spanish

government was not a party to this judicial process and thus

had limited room to act. The MOJ stressed that it had done

and was doing everything it could for Carrascosa (calling its

actions "irreproachable"), but said it would carefully

analyze the most recent petitions made to it by the inmate's

family. The GOS' stated goal is to find a solution that

would allow Carrascosa to leave prison, find an amicable

solution with her ex-husband, and allow @ELIMINADO@ to have

access to both of her parents. The press release further

conveyed the government's view that the current situation

facing Carrascosa ("indefinite jail time") was

disproportionate, and that young @ELIMINADO@ was the one who has

suffered the most. The MOJ statement also correctly mentions

that the Spanish government made available to Carrascosa,

free of charge, one of the best mediation attorneys in Spain,

but that Carrascosa had rejected any offer of mediation.

//COMMENT//

4. (C) The Carrascosa case has received sensational press

coverage in Spain and has generated negative feelings towards

the U.S. The Spanish reaction to this case has not been

based on reason or judicial arguments, but is a very

emotional one based on photos of "a mother in chains." The

Embassy, Children's Issues, U.S. Federal and State judges,

and the Spanish Ministry of Justice, have all urged mediation

between the parents. We have constantly told the Spanish

that this is a tragic example of the breakup of a family, but

it is a matter for the courts. We have said that, just as in

Spain, the Executive Branch cannot attempt to influence the

MADRID 00002093 002.2 OF 002

judges' decisions. Per REFTEL B, Ambassador Aguirre told

Justice Minister Bermejo in April that, as in many

contentious divorce cases, there are two sides to the story,

and that the Spanish press had greatly skewed this story and

portrayed Carrascosa solely as the victim. He also said that

Carrascosa herself had exhibited some erratic behavior, such

as changing her legal team on numerous occasions and

rejecting any and all offers of mediation or compromise. We

do not agree with those Spanish officials who maintain that

this is a Hague case and who cannot comprehend that an

individual in our common law system can be jailed for

contempt of court--a civil, rather than criminal matter.

5. (C) We believe that the GOS' renewed interest in the

Carrascosa case is due in part to recent events surrounding a

Spanish airline crew detained in Chad. Spanish and French

citizens were detained earlier this month on charges of

suspected kidnapping related to a NGO's efforts to fly 103

children to France, and the Spanish government was unable to

win their release. It took action and negotiation from

French President Sarkozy to free three French journalists and

four Spanish flight attendants. Sarkozy and his personal

plane dropped off the flight attendants in Madrid on November

4 en route to Paris, an event that was greeted by scorn and

derision from virtually all sectors of the Spanish political

spectrum who said this marked a failure in Zapatero's foreign

policy and his inability to support Spanish citizens detained

abroad. Indeed, Perez Hernandez admitted to the DCM on

November 5 that President Zapatero "had not looked very good"

after this event and asked what the U.S. could do to help

Carrascosa. We believe the GOS will come under increasing

pressure from Carrascosa's family and supporters to "do

something" and to obtain results. We would expect Ambassador

Westendorp to contact the Department's Legal Advisor in the

near future to once again plead this case. Our response to

all inquiries should be to urge mediation and compromise,

which Carrascosa has rejected. In July, Peter Innes, the

father, made a settlement offer which would allow @ELIMINADO@ to

remain in Spain, visit him in the U.S. twice a year, and

allow him to visit @ELIMINADO@ in Spain twice a year.

Carrascosa summarily rejected this offer.

AGUIRRE;"