Mid-2002-June 1, 2006: Lack of US Cooperation Hinders Al-Qaeda Prosecutions in Spain

Spanish investigators and prosecutors attempting to jail people they believe are important al-Qaeda operatives seek US assistance, but the US fails to provide them with full co-operation. Spanish authorities started to build a case against a Spain-based al-Qaeda cell headed by Barakat Yarkas in the 1990s and some of the suspects were under surveillance as they allegedly assisted the 9/11 plot (see August 1998-September 11, 2001). The US has some information about them, but does not release what the Spanish need because the US apparently does not want to fight terrorism through law enforcement, but through more direct methods. A Spanish official says, “From the US point of view, everything is an intelligence affair, not a judicial matter… That is what is undermining the whole process.” In 2004, the Spanish official complains: “We could clearly prove the Spanish role in 9/11 if we had real cooperation. There are literally two or three elements missing to close the case, but as it is now, all of the suspects will go free.” One key dispute centers on US unwillingness to share evidence linking Spain-based al-Qaeda operative Amer el-Azizi to the 9/11 plot and Spanish officials spend six months persuading the US before getting a copy of a “specific element that provides a concrete link” between el-Azizi and 9/11 mastermind Khalid Shaikh Mohammed (see (November 2001)). In addition, the US fails to provide information identifying Saudi Arabian investors in Spanish construction companies owned by a Syrian businessman, Mohammed Galeb Kalaje Zouaydi, another suspected militant who is thought to have channeled money to extremists through his group of companies, as well as suspicious Islamic charities. [Wall Street Journal, 5/4/2004] This lack of co-operation hinders the prosecutions of the operatives and means they receive only relatively light sentences. For example, Yarkas is initially found guilty of both terrorism in Spain and assisting the 9/11 plot, but his 9/11 conviction is overturned on appeal (see September 26, 2005).