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to The Sunday Times

The al-Qaeda leader who created, trained and directed the terrorist cell that carried out the Madrid train bombings has been held in a CIA “ghost prison” for more than a year.
Spanish officials told The Times last night that they are furious to have been denied access to Mustafa Setmarian Nasar, a Syrian-born terrorist who has been part of the al-Qaeda leadership since the late 1980s.
"This is Spain's most wanted man in the terrorist world - it is galling to know that he is in the hands of an ally and they will not help us," a Spanish official said.
Madrid’s anger became known on the day that 29 men went on trial in the Spanish capital in connection with the bomb attacks which killed 191 people in March 2004.
Setmarian, 49, who lived in Madrid, married a Spanish woman and holds Spanish citizenship, inspired and established Spain’s first Islamist terror cells.
Searches after the March 2004 bombings uncovered documents which appeared to link the terrorists to Setmarian and he his thought to have issued a coded order giving the go-ahead for the attack.
Setmarian was in Afghanistan in late 2001 when the Taleban regime fell and moved with his family to Pakistan where he continued to be active in al-Qaeda.
A tall man with a pale complexion and flame red hair, Setmarian travelled widely and was often mistaken for a Westerner. He was frequently described as having “Irish looks”.
During the mid-1990s he lived in London where he associated with Abu Hamza al-Masri and succeeded the radical cleric as editor of al-Ansar, a propaganda magazine for Algerian terror groups. He also associated with Abu Qatada, the extremist Jordanian cleric currently in prison in Britain.
His suspected role in the Madrid attacks and his knowledge of London meant that he was initially suspected of having played a part in the planning of the 7/7 suicide bomb attacks in 2005.
At the time of those attacks he was still at large in Pakistan where two of the London bombers are known to have received military and explosives training.
Setmarian, who pledged lifelong allegiance to bin Laden and the global jihad, has boasted on al-Qaeda websites of training thousands of foreign recruits at camps where he specialised in bombmaking and the use of poisons.
He was detained in October 2005 as he shopped for breakfast in Quetta, close to the Pakistan-Afghanistan border. Pakistani intelligence agents shot Setmarian’s Saudi bodyguard dead but were under specific instructions to take Setmarian alive.
The FBI had offered a $5 million reward for his capture and President Pervez Musharraf of Pakistan stated in his recent memoirs that his country has received substantial sums in bounties from the US authorities.
Within a month of his capture Setmarian was handed over to the United States authorities and spirited away for interrogation at one of their secret prisons. His first stop was probably Bagram airbase, near Kabul, but his current whereabouts are unknown.
Setmarian’s wife and three children moved from Pakistan following his detention and are now believed to be living in Qatar where she is reported to be an English teacher at a private school.
Spanish intelligence agents were said to have been allowed to question inmates of Guantanamo Bay about Setmarian in 2002. But access to suspects in US custody was blocked after Spain withdrew its troops from Iraq following the Madrid bombs.
Spain has made repeated requests to both Pakistan and the US to locate and speak to Setmarian about the train bombings but to no avail. The Spanish courts have discovered that they cannot issue an extradition request because the man they want to talk to has not been officially arrested.
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To Michael, Singapore
Apparently, you do not believe there is a war. "Rule of law," now that is an overused phrase if ever I heard one. Pick a war, any war, and tell me, if survival or winning that war is/was not the most crucial thing for a country or society to accomplish, by any means necessary - any means. If one of my kids was kidnapped and being tortured, and if I had one of the kidnappers(who knows where my child is) in my possesion, I would do anything to that kidnapper to find and save my child, ANYTHING - "integrity" be damned. I repeat, I don't think you believe these Islamofascists are waging a war, but you will believe, if not now, later. I am not so concerned about "integrity" as I am about respect. Spain and France, two of the most Islam pacifying countries, were attacked.
Good day,
Leo, Chicago, U.S.A.
So, the cowardly country makes demands. Spain has demonstrated over and over again that it is an enemy of the US. In fact, it wants to put US soldiers in a Spanish dungeon for firing in a war zone, something that happens frequently in war.
Don't cooperate with the appeasers.
kate, Philadelphia, PA
Well, well the litle appeaser country has a temper. I'm sure the US is so scared. Since Spain has now established itself as the most cowardly country on the planet, its demands can easily be ignored.
The ones the Spanish most want to prosecute are three American soldiers involved in a friendly fire incident. The Spainsh have decided that firing in a war zone is murder since their forces never do it. And they have bought into the myth that journalists assume no risks in a war zone.
I hope the US does not cave on this. Spain is not an ally, it is an enemy country in light disguise.
kate, Philadelphia, PA
"Within a month of his capture Setmarian was handed over to the United States authorities and spirited away for interrogation at one of their secret prisons.His first stop was probably Bagram airbase, near Kabul, but his current whereabouts are unknown."
Is this a form of psychological conditioning to get us to accept the notion that it is OK to incarcerate anyone without charge or due process, and without giving the consular or other officials of his nationality access to him? How do we know any of the allegations against him are true? If it is so clear why not charge him? To suggest it is the "United States authorities" that hold him is a smear on the integrity of a democratic nation governed by the rule of law. If he is indeed being held without access to any legal or consular officials, he has been kidnapped by gangsters. It really is that simple.
MICHAEL T DARWYNE, SINGAPORE,
The leaders of the current Spanish government made vitriolic and very personal on Bush and the Americans before and after the Spanish election. So now they expect the US to obey their demands? Who is kidding who?
And what if the Americans did give him to Spain? Look how the Spanish courts free Basque terorists and reduce their prison times to mere trifles. No garauntee they would not repeat their previous limp wristed judical surprises.
In this case, its the Spanish government that is arrogant and condescending. Setmarian is in a prison somewhere with no chance to act out in public or contact his many helpers in Spain via his attorneys or the press.
I am sure the Spanish courts can proceed without him. .
Commander Jim, Vancouver, Canada
Spot on, Brian of Illinois.
The US is always expected to do the heavy lifting, while others sit on the sideline ready to criticise if they fail, and to say "see, we said there wasn't a problem" if they succeed.
The US is not perfect, and they sometimes do get things wrong, but their hearts are in the right place and at least they are prepared to try. The world would be a much worse place without them.
Mike, Sydney, Australia
I agree with Matt. There is a institutionalisation of antiamericanism in Spain after the left seize the power thanks to the sorrow and loathing provided by the criminal attacks of March Eleven.
I really do not understand how the "sociatas" (as the Socialists are humorously known in Spain) can expect any cooperation from the US after the long list of snubs dedicated to the Bush administration.
Arthur Egan, Murcia, Spain
Spaniards are absolutely right to be furious. American can't claim to fight the terrorism if they won't cooperate with Spanish justice.
It is true that Spaniards are very anti-american agressions but not simply anti-American as some American idiots propagate.
Besides, weren't Spaniards right to withdraw their troops from the inane American war on Iraq. Didn't events prove them right? If Americans cant answer this questions that is not the fault of Spaniards, is it?
And what, if the Spanish authorities refuse to cooperate in the American war on terrorism, in the future?
Americans better realize (for their own good) that their country has reached the rock bottom in respect, either as a moral or military superpower after its quagmire in Iraq.
Cowboy bullying is over, my fellow compatriots, you can't scare anybody any longer.
Peter RV, Malaga, Spain
Mick , I think you unfortunately didn't understand what the million people against the Iraq war demostration in Barcelona meant. We were there to express our rejection to this illegal war against innocent people, declared against the criterion of the UN by a group of three Leaders, well two leaders and a clown in the Azores islands. I was there, and I love the USA but I don't agree with your presidents' policy nor with the policy of our former president (the Clown ) Aznar, but we are not anti Americans, don't mistake.
Juan, Barcelona, Catalunya, Spain
We are not antiamerican and we can take terrorists to court with respect for human rights, without secret prisons nor torture, all of them useless ways against terrorism. How many people have US brougth to justice? Mr Bush prefers Guantanamo to American Courts, in a particular sense of democracy
Oscar, León, Spain
Martyn Millard of Spain should know that Spain has refused to meet its full Nato commitment for troops in Afghanistan and that Spanish troops in Afghanistan are only used in non-combat roles. Don't act like you are doing the US any favors. If Afghanistan reverts to its former Taliban state, Spain is in just as much danger as the US. Spain has become so pacifist that its is unwilling to fight to defend itself.
Do you part in this worldwide war and I suspect that you will find the US government much more accommodating.
Brian, Illinois, US
What strikes me as strange, is why Setmarian appears to be white. The US wanted him alive? The Spanish government may as well give up; he's probably walking around with a new face. Hmmmm
Mike Flynt, Maine,
I find it to be very rich coming from americans, crying foul every time a country doesnt "co operate" with their demands. Wereas the US demands, and usually gets, people from other countries on all sorts of suspicions(see covert flights by CIA over europe last year), when the opposite happens, either the suspect has disappeared some where in the system or will not be extradited cause it is against the constitution. Who are they kidding? Talking about having lost the plot. Help, assistance and co operation should be bilateral, not one sided like the famous war on teror slogan, " you are either with us or against us". You call that "democratic or fair? Spain deserves to get the answers the same way the US sought the answers for 9/11 with the help of other nations.
Miltos, Kirk Hallam, UK
Letting the Spanish talk to this guy raises his profile and some liberal is liable to ask if a democratic country should be holding someone without trial or charges. Not the sort of thing one expects from the leader of the 'Free World'.
Of course, the Americans see things differently.
Handing him over to any European country apart from the UK means that as soon as a national of that country is taken hostage, Mr Nasar would walk free in exchange. So much for states not succumbing to blackmail.
You can see their point of view. They'd prefer someone who, from his record, fits the profile of a mass murdering, jew-hating, holocaust-denying, mysogenist and religious zealot to be out of harm's way for a very long time rather than risk having him liberated in a couple of years so that he can organise more killing.
How about a compromise Mr Bush; try him in the USA.
Ian, Bristol, UK
Dear William
Spanish goverment and a big majority of the Spanish people doesn´t share the same concept you do about "War on Terror" consisting on the occupation and breakdown of a country which will be quite difficult or impossible to recover.
Alliances between countries are for something else rather than for belligerent projects.
Ah! and I totally disagree with Matt who says Spanish society feels hostile to Americans. However, of course i agree on saying that there´s a notorious society feeling against US goverment and its policy.
Lucas, Madrid, Spain
Responding to Brent Kinman...
I would agree with you if you were truly talking about "allies". I am not at all sure that the current government in Spain is an ally of the US. Your point about punishing terrorists is valid but the global give and take of politics makes it very hard for the US to support a politician who won an election on an anti-US platform. No "right" answers here but not really hard to understand is it?
Stu Haugen, Parid, France
You people are very rich to slam the US and George Bush, Do you have any idea what Hatred is being preached against the west. Thank god you have the United States to stand up against such hatred, and yes this hatred was well established before the US ever got involved in Iraq. Hind site is always 20/20. But to make the first decison to stand in fight took leadership, which is not found in Europe or the Democratic party.
But do not fret, you can take solce in knowing that another 9/11 or madrid, London, Russian, German, French bombing is being planned as we debate how rich we are.
Tom, Tampa,
Matt, I cannot help but disagree. Unhelpful? No. Just voted for a new president after the bombings who happened to disagree with the policies of the former. Requesting the US access to this murderer so that he can be punished for what he did is common sense, not a favour. The nations of the world should co-operate to put an end to terrorism, no matter what. You are right in one thing, though: calling the US an ally is a most unfortunate choice of words. They are not exactly an ally, but neither an enemy! And labelling us as anti-American is a bit disproportionate: the majority of Spaniards disapprove with Bush´s policies, true, but that is hardly opposing an entire nation, just the views of a man and his administration. Generalisations like that always result in misunderstandings and make it all the easier for the terrorist to carry on with their madness...
Aida, Bilbao, Basque Country, Spain
It does seem a bit thick that Spain wants the U.S. to turn this guy over to them after they clearly shown how anti American they are. Amigos de onza. Same as the Canadians.
Mick, Houston, Texas
My heart bleeds for the Spaniards who have been denied the ability to put this murderous bomber-mastermind in jail for a year or two by the evil George Bush, who will insure that Mr. Setmarian is permanently on the sidelines. It's almost as if Mr Bush cares more about winning the war against the jihadists than he does about cooperating with our putative allies abroad. Hmmm.
Brent Kinman, Castle Rock, CO
so Mad Dog Adair says he was promised the Presidency of the United States. There's no dealing with cuckoo White House moron thinking.
jen, can,
"This is Spain's most wanted man in the terrorist world - it is galling to know that he is in the hands of an ally and they will not help us,"
...an ally? Spain has been very unhelpful and unfriendly towards the US recently, and most of its citizens are anti american...so i dont consider them really an ally. I think its funny they are so upset now that they need something from us...
Matt, Cleveland,
Unfortunately, the current 'regime' in Washington - to use a term much favored in those circles - appears to have no interest in reciprocity. The case of David Hicks, the Australian, is an obvious case in point. No matter what the damage his five year detention without trial - and on unspecified charges - has done to fervent US ally John Howard, the Australian PM, Washington appears entirely indifferent to Howard's plight. The dilemma of Tony Blair is perhaps even more notorious. One is tempted to conclude that this kind of behaviour is counterproductive for US interests. Even the concept of 'honour among thieves' seems to have no purchase. US allies beware!
henry laycock, kingston, canada
ithink that all what happpened in madrid is abig insult to muslim tradition, we are condamned what happend by the way i hope so get vrid of to this behaviour weseek to live in peace ,tobe forgivness,and so forth
amine, fes, morocco
William Hagerup should be aware the Spanish are on the frontline on 'the war on terror' ... in Afganistan. Iraq is a huge disaterous diversion and has become a war of terror opposed (then) by 75% of the population and now by 90%.
martyn millard, palma de mallorca, spain
Madrid bombing chief?????? but, what are you talking about, no one knows at the very momment who is the bombing chief
Jose Manuel, London, London
How can Spain call themselves "allies" and withdraw their troops from the frontline of the war on terror? Is it only the US and UK that must sacrifice its young men, while countries like Spain chooses to be allies when it suits their need?
William Hagerup, Trondhjem, Norway
Next the Spanish will want to charge this guy and take him into custody. If this happens then either he will be found not guilty and would be released by the Spanish . Since the US has no intention of charging him with anything and even if they did the Spanish would not extradite because of the US death penalty. So ihe will free or iin a Spanish prison for a while communicating with his buddies through his lawyer. Why would the US ever agree to this?
Let's assume that they only want to talk to him. He will surely tell them he has been tortured, who knows? and the Spanish athorities will surely blab his statements to the press. The defense will want him as a witness to collaborate what he said to the Spanish authorities, which would lead to a request that the US to bring him to Spain. There is no way for the US not to lose. If they just sit on him and refuse the Spanish request they will incur the wrath of the Spaniards but they are not on the US's side anyway so what is the big loss?
Mark, Washington, USA
Is there anyone we can pressure over this. It is outrageous.
Charles Pollack, Randolph, NJ/USA
Dear Sirs,
Yes, the Spanish authorities had to suffer some inconveniences when they travelled to Guantanamo to interrogate the arab suspects but, well, no one in Spain would agree with your first page big header: "Spain furious as US blocks access to Madrid bombing 'chief'". In fact, maybe some "lost soul" has talked about that particular today in Madrid. Maybe to 2 or 1% of the Spanish population does the name Setmarian sound familiar.
Jose Maria Montoya, Madrid, Spain