DE RUEHLI #2365/01 2931652
ZNY SSSSS ZZH
P 201652Z OCT 06
FM AMEMBASSY LISBON
TO RUEHC/SECSTATE WASHDC PRIORITY 5279
INFO RUEKJCS/SECDEF WASHDC PRIORITY
S E C R E T LISBON 002365

SIPDIS

SIPDIS
NOFORN

E.O. 12958: DECL: 10/19/2026
TAGS: PREL PGOV MOPS PO
SUBJECT: PORTUGUESE FM OFFERS TO RESIGN IF CIA FLIGHT
ALLEGATIONS PROVE TRUE

REF: A. 2005 LISBON 1609
¶B. LISBON 1921
¶C. OCTOBER 12 DVC (WITH DOS DOD AND EMBASSY LISBON)

Classified By: POL CHIEF TROY FITRELL, REASONS 1.4 (B,D)

¶1. (S/NF) Summary: Portugal's Foreign Minister offered to
resign if opposition forces can demonstrate any complicity on
the part of the government regarding alleged illegal CIA
rendition flights through Portuguese territory. While a
government investigation has refuted these allegations, the
saga continues due to continued opposition party and European
Parliament pressure. This pressure complicates the US
request to repatriate Guantanamo detainees via Portugal. End
summary.

¶2. (U) Ongoing pressure from Portugal's Left Bloc and from
the European Parliament led to a testy exchange in Portugal's
Parliament on October 18, in which Foreign Minister Luis
Amado offered to resign if the opposition could prove
Government of Portugal (GOP) complicity with the USG
regarding alleged illegal CIA flights violating Portuguese
sovereignty.

¶3. (U) Amado's most recent testimony reflected that of his
predecessor, Diogo Freitas do Amaral in December 2005 (Ref A)
and his own earlier testimony on September 5 this year,
noting the GOP had completed an investigation that discovered
no information to support allegations that CIA flights
violated Portugal's territory or airspace to transport
terrorism suspects. Amado told the Parliamentary Committee
that "None of the explanations or data collected...
constitutes a credible indication that the law may have been
broken on Portuguese soil." He went on to tell reporters
that a joint investigation by four government departments,
also involving the country's intelligence agencies,
immigration service and flight control authorities, conducted
a review of plane movements but found no firm evidence."
Amado admitted that the alleged CIA flights might have come
through Portugal, but added that Portugal "has nothing to be
ashamed of." According to the Minister, there is no evidence
that the CIA committed illegal acts in Portuguese territory
and even stated that he has had nothing but "total
transparency and cooperation" from American authorities.

¶4. (U) Freitas do Amaral had offered the government
investigation as a way to address the allegations. The
results, however, have not silenced the GOP's critics,
especially in the Left Bloc or the European Parliament.
Portugal's Parliament has established an ad hoc committee
to continue hearings on the subject and a delegation from the
European Parliament is scheduled to visit Portugal in
December to interview Amado, who has declined to visit
Brussels to meet with Euro Deputies.

Effect on Repatriation Request
------------------------------
¶5. (S/NF) Amado's testimony reflects the continued political
and media pressure on the GOP regarding this subject and
makes the GOP's efforts to assist in repatriation of
Guantanamo detainees all the more difficult. It is critical
that Washington readers recognize the GOP's need to ensure
that it is on solid legal ground regarding our request on
detainees.

¶6. (S/NF) Portuguese law, as interpreted by the GOP (which
could change), requires written assurance by the final
destination country that detainees will not be tortured or
receive the death penalty as well as a US guarantee that they
will be treated according to internationally-recognized
conventions in the destination country. Without these
assurances, the GOP will have difficulty n supporting
repatriation flights through Portuguese territory or
airspace. We eagerly await Washington addressees response to
the Portuguese points as discussed Ref C. The GOP will
undoubtedly expect this issue to be discussed at the October
24 meeting between Amado and Secretary Rice in Washington.

The Media
---------
¶7. (U) The local press eagerly reprints hearsay on this
tantalizing subject as left wing politicians unveil "new
facts" every few days to fan the political fires. Post
believes the media will continue to sensationalize the issue
as long as it has legs.

Comment
-------
¶8. (S/NF) The normally unflappable Amado lost his cool during
the testimony; an event that is completely out of character
and shows the effects of unrelenting media and political
attacks. Despite this outburst, we believe Amado will