France/Spain: Joint investigation units established
01 August 2004
On 16 September 2004, the justice ministers of Spain and France announced the creation of the first joint investigation team (JIT) between EU member states, to be established under a community Directive agreed in the Tampere European summit in June 2002. The goal of the Franco-Spanish initiative will be to investigate attacks by ETA against tourist interests in 2003. The two countries are also examining the possibility of establishing another JIT to investigate the financing of an organisation linked to al-Qaeda. JITs are units composed of magistrates and officers from two or more countries with the power to act as judicial police, with powers to carry out searches, interrogations and telephone interceptions within the participating countries' territories. There will be shared access to the results of investigations carried out under this framework.
The JIT's purpose will be to identify, find and detain the members and accomplices of ETA, who were involved in attacks against tourist targets on 22 July 2003 in Benidorm and Alicante. Its remit lasts for a year, and is renewable. Two prosecuting magistrates from the national courts that have exclusive competence for investigating terrorism, the
Audiencia Nacional in Madrid and the Anti-terrorist court in Paris, will direct the teams, made up of ten Spanish and ten French policemen. Officers from each country will be able to operate on their counterparts' territory, with no further restrictions than those applicable for officers from the country itself. Every operation will be supervised by the prosecuting magistrate from the country where the operation is carried out.
The
Audiencia Nacional also seeks to structure a similar JIT to investigate a suspected terrorist financing network, named
Dawa Tabligh, that is believed to operate in Spain with ramifications in France and Morocco, and is deemed to be related to al-Qaeda. Tribunals may launch the creation of JITs on issues for which they have competence. Otherwise, it is up to the State Security department (in cases where only police officers are involved) or the justice ministry to establish new JITs.
El País, 17.9.04.