December 8, 2010
Officials Pressed Germans on Kidnapping by C.I.A.
By MICHAEL SLACKMAN

BERLIN — American officials exerted sustained 
pressure on Germany not to enforce arrest 
warrants against Central Intelligence Agency 
officers involved in the 2003 kidnapping of a 
German citizen mistakenly believed to be a 
terrorist, diplomatic cables made public by WikiLeaks show.

John M. Koenig, the American deputy chief of 
mission in Berlin, issued a pointed warning in 
February 2007 urging that Germany “weigh 
carefully at every step of the way the 
implications for relations with the U.S.” in the 
case of Khaled el-Masri, a German of Lebanese 
descent. Mr. Masri said he was held in a secret 
United States prison in Afghanistan and tortured 
before his captors acknowledged their mistake and let him go.

The United States’ concern over the Masri case 
was detailed in cables sent from the United 
States Embassies in Germany, Spain and Macedonia in 2006 and 2007.

The cables indicated what was long suspected by 
German opposition leaders who led a parliamentary 
inquiry into the case: intense political pressure 
from Washington was the reason that Germany never 
pressed for the arrest and extradition of 13 
operatives believed to be from the C.I.A. who 
were ultimately charged in indictments issued in Spain and in Munich.

“I am not surprised by this,” said Hans-Christian 
Ströbele, a member of the Green bloc in 
Parliament who then sat on the legislative 
investigative committee. “It was confirmed once 
again that the U.S. government kept the German 
government” from seeking the arrest of the agents.

In one cable, written before Mr. Koenig’s warning 
to Germany’s deputy national security adviser, 
the embassy in Berlin reported that diplomatic 
officials had “continued to stress with German 
counterparts the potential negative implications 
for our bilateral relationship, and in particular 
for our counter-terrorism cooperation, if further 
steps are taken to seek the arrest or extradition of U.S. citizens/officials.”

In 2006 and 2007, the Masri case was one of the 
most difficult issues between Washington and 
Berlin, exposing to public scrutiny secret 
tactics used in the Bush administration’s 
antiterrorism efforts that were sharply 
criticized both in the United States and in 
Europe. At the time, political pressure was 
mounting in Germany to investigate and expose the 
practice of extraordinary rendition, which 
involved capturing suspects and sending them to 
third-party countries for questioning in secret prisons.

Mr. Masri was seized on Dec. 31, 2003, as he 
entered Macedonia while on vacation; border 
security guards confused him with an operative of 
Al Qaeda with a similar name. He says he was 
turned over to the C.I.A., which flew him to 
Afghanistan, where he says he was tortured, 
sodomized and injected with drugs. After five 
months, he was dropped on a roadside in Albania. 
No charges were brought against him.

The case drew widespread attention in Europe. The 
cables show that the United States was especially 
concerned about cooperation between Spanish and 
German prosecutors. The Spanish courts became 
involved because they concluded that the plane 
that transported Mr. Masri had traveled through Spanish territory.

“This coordination among independent 
investigators will complicate our efforts to 
manage this case at a discreet 
government-to-government level,” read a cable 
sent from the embassy in Madrid in January 2007.

The cables’ release has created a stir in Germany 
mostly because the documents contain American 
diplomats’ caustic comments about German 
officials and because they show that the embassy 
had informants in one of the governing parties. 
The Masri case, however, has already been so 
thoroughly discussed in public, and the degree of 
Washington’s pressure on Berlin is so well known, 
that it has not gained much attention.

The one cable that has caught the attention of 
some in the German press was written on Feb. 6, 
2007, by Mr. Koenig, the second-highest-ranking 
diplomat in the embassy, under the title “CHANCELLERY AWARE OF USG CONCERNS.”

Rolf Nikel, Germany’s deputy national security 
adviser, told Mr. Koenig that the two governments 
had differences over Washington’s antiterrorism 
methods, including German opposition to the 
prison at Guantánamo Bay, Cuba, and to rendition. 
Mr. Nikel said, according to the cable, “the 
Chancellery is well aware of the bilateral 
political implications of the case, but added 
that this case ‘will not be easy,’ because of the 
intense pressure from the parliament and the German media.”

Mr. Koenig said that while Washington “recognized 
the independence of the German judiciary,” he 
added that “to issue international arrest 
warrants or extradition requests would require 
the concurrence of the German Federal Government.”

His point was that the case could be stopped.

The prosecutor’s office in Munich issued warrants 
for the arrest of the C.I.A. operatives, but 
Germany’s government did not press for arrests or extraditions.

“We already dealt with this, including in the 
Bundestag, about why the German federal 
government did not take further action to carry 
out the arrest warrant,” said Mr. Ströbele. “How 
one deals with the fact that he was taken into 
custody and tortured — whether more will be 
revealed on that — what was done in order to keep 
it a secret: that is what interests me.”

Diana Aurisch contributed reporting.



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