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At the time of the Madrid
bombings on 11 March 2004, Spain was equipped with well-developed
internal security structures that were highly efficient in the fight
against terrorism. Indeed, the current Spanish democracy has been
affected from its very beginning by activities carried out by
different endogenous terrorist organisations, though none has been as
persistent over time or has produced as many victims and social
consequences as ETA. This armed group, ideologically inspired by
ethnic nationalism, pursues both political independence and cultural
homogeneity for the Basque Country, in which they include four
provinces of Spain and three territories in south-western France. In
a context characterised by both democratisation and regional
decentralisation, the Spanish security forces (Fuerzas
y Cuerpos de Seguridad del Estado or FCSE) have confronted ETA for more than three decades, improving
their capacity to prevent and combat terrorism under the rule of
law. Furthermore, when the 11 March attacks occurred, ETA was going
through one of the worst periods of its history, if not the very
worst, due mainly but not exclusively to the effectiveness of the
Spanish police.
But it is also true that the
country’s internal security structures were not as well adapted
to dealing with the much more recent challenges of terrorism related
directly or indirectly to al-Qaeda, a phenomenon that had spread
across much of the world during the 1990s. However, this is a
statement that must be considered in more detail. For example, within
only two days the central external information unit of the National
Police (Cuerpo Nacional
de Policía or
CNP) was able to identify most of the main direct perpetrators of the
blasts on the local trains that were making their way to Madrid’s
Atocha station in the early morning of 11 March. They arrested some
of them and then located an apartment in the nearby dormitory town of
Leganés, where other terrorists ended up committing suicide
less than a month later, on 3 April, when they realised that the
police had discovered them and were surrounding the building they
were using as a hideout. While this operation did not result in the
arrest of the terrorists, who chose instead to blow themselves up,
causing the greatest possible damage, it very likely did prevent
those responsible for the 11 March attacks from carrying out others,
either in Madrid or beyond, over the following months.
It must also be borne in mind
that starting in November 2001, the Spanish police dismantled the
al-Qaeda cell that had been established in the country during the
previous decade and whose links with the Hamburg cell, which included
many of the perpetrators of the New York and Washington attacks in
September of the same year, became clear shortly afterwards. This
operation was ordered by Judge Baltasar Garzón, the National
Court (Audiencia
Nacional) judge who
was well-known at the time for the attention he was already paying to
the problem of global terrorism and its implications for Spain. These
and other police actions were possible because the corresponding
police information services had been investigating this international
terrorist network since the early 1990s and were able to present
sufficient incriminating evidence to the courts. Before the March 11
massacre, more concretely as from January 2001, the security forces
had arrested a few dozen individuals for their involvement in
Jihadist terrorist activities. Also, by that infamous date, several
investigations had begun which resulted, since the last quarter of
the year, in a series of new police operations focused on global
terrorism and in many arrests.
The Spanish police was badly
prepared to face the risks and threats of current global terrorism,
not so much because this phenomenon was unknown to the few officials
dealing with this issue in Spain, but rather precisely because of the
fact that there were indeed very few of them in this task, with very
limited resources to carry out their work. Things would have likely been different if the decision had been
taken in time to give the problem of global terrorism the importance
it deserved since at least the mid-1990s, and especially after the
9/11 attacks in the US and the May 2003 attacks in Casablanca, where
one of the targets was Spanish. A decision which, based on timely
information from the intelligence services and police information
units, was ultimately a political one. But the Spanish government,
then formed by the liberal-conservative Popular Party (Partido
Popular or PP) did not
take that decision. Its former President, José María
Aznar, acknowledged in the epilogue to a book of memoirs published
shortly after leaving office, following the general elections of 14
March 2004, that ‘the very successes achieved in the struggle
against ETA in recent years may have led us to lower our guard
against the fundamentalist threat’. Some may think that it is easy to build these arguments now and quote
this kind of statement a
posteriori. However,
in January 2003 I completed a book in which I concluded: ‘al-Qaeda
has used Spain as one its main European bases. It is likely that the
citizens and government of Spain will become targets of global
terrorism’.
Towards a Reform of Internal
Security
After the tragic
events of 11 March, followed by the subsequent attempt to derail a
high-speed train on the Madrid-Seville railway line, and once the
suicide episode in Leganés took place, it was necessary to
determine whether global terrorism remained a threat to Spain and
introduce measures to neutralise it. At the time, a not insignificant
portion of Spanish public opinion seemed convinced that what happened
in the Madrid commuting trains that day was a result of the Aznar
government’s alignment with the US administration on the
invasion of Iraq. This was graphically expressed in the so-called
‘Azores photo’, which was disseminated world-wide through
the news media. In the photo, taken on the archipelago, the US
President George W. Bush, Britain’s Prime Minister Tony Blair
and Spanish Prime Minister José María Aznar, with his
host, the Portuguese Prime Minister José Manuel Durão
Barroso, all posed together days before the first bombs fell on
Baghdad on 20 March 2003. In which case, from that same perspective,
the withdrawal of the Spanish troops deployed in the country would
have effectively meant the end of the terrorist threat related one
way or the other to al-Qaeda. Indeed, the new Spanish government
formed by the socialist party (Partido
Socialista Obrero Español or PSOE) did just that after winning a relative parliamentary
majority in the general elections held three days after the Madrid
bombings. On the other end of the political spectrum, there was also
an equally considerable proportion of Spaniards who thought that the
11 March bombings had less to do with Jihadist terrorism than with
the already very familiar terrorism of ETA.
Both of these perspectives were
erroneous and tended to explicitly or implicitly minimise the
problems inherent to global terrorism. However, those who in April
2004 took charge of the Interior Ministry –Spain’s
central institution in preventing and fighting terrorism, although
the president of the government has ultimate responsibility for
counterterrorism policy– very quickly understood that this
phenomenon posed a lasting threat that was not going to disappear any
time soon, either in Spain or in the surrounding European and
Mediterranean environment. José Antonio Alonso, Interior
Minister from April 2004 to the spring of 2006, when he took on the
Defence portfolio, put it this way to the parliament’s Interior
committee: ‘… this Minister, his team and the entire
government have been aware from the start that we should implement a
set of measures which, while not eliminating the threat, would
nevertheless make us more prepared to respond to this threat to our
security, and therefore to our freedom and the democratic values that
uphold it, to our lifestyle and our progress, and also to the
security and freedom of our allies’. As events unfolded, this perspective proved correct. Throughout the
legislature, over 300 people were arrested for their involvement in
activities related to global terrorism, plans to commit new attacks
were thwarted in time, and, since at least 2006, al-Qaeda’s
propaganda has often identified Spain as a target.
When making a series of decisions
on how to adapt Spanish internal security structures to the risks and
threats of global terrorism, neither the Interior Ministry nor the
national government as a whole were able to refer back to the
electoral programme on which the PSOE had campaigned in the general
elections, since it contained no specific proposals in this regard.
As a result, the decisions made in the months following the Madrid
bombings –that is, the key decisions made regarding global
terrorism during the four years of the legislature, since the rest of
the time was focused mainly on their implementation– were
shaped from within the Interior Ministry itself, essentially by top
specialists from the security forces. This does not mean that the
network of institutions and actors involved in elaborating and
implementing the various measures to reform the counter-terrorist
sector was limited to the police forces. Gradually, other domains of
the state administration and very diverse interest groups became
involved, depending on the issue at hand. These included, for
instance, human rights movements, business organisations and Internet
users associations, following a logic which was similar to any other
area of public policy.
Initially, however, the decisions
involving the changes that would later be made to Spanish internal
security structures were shaped by the security forces. Following his
first speech as Minister before the parliamentary committee on the
Interior, José Antonio Alonso commented, at the
questions-and-answers session after the presentations made by the
spokespersons of the various parliamentary groups to the Interior
committee, that ‘… when we arrived to the Interior
Ministry, we told the professionals at the Police and Civil Guard
information services: We have a serious problem in terms of Islamic
terrorism, al-Qaeda terrorism and new international terrorism. Do we
have sufficient resources? Do we have a strong enough structure? […]
Basically, the Police and Civil Guard information services told us
two things: one, that we clearly have to increase the resources and
personnel available to the external information units, that is, the
Police and Civil Guard units that focus on international terrorism;
and two, they also told us that we should create a professional
structure that can receive information, analyse it, assess the risks
of the new terrorism and, consequently, make operational
recommendations to the Police and Civil Guard. And this is what the
current team at the Interior Ministry is doing and we are hoping for
results from this’.
In any case, the 11 March attacks
in Madrid made it clear that the fight against global terrorism had
not received due priority from the government before the event, and
that as a result, the police information and intelligence services
could not meet existing needs. Also, it became clear that there were
serious problems of coordination, both between police forces and
within each of them. Since global terrorism was seen as a persistent
threat to Spain, the Interior Ministry’s first decisions were
aimed at correcting these weaknesses. Although such initiatives were
not incorporated in the state budgets for 2004 and funds had to be
redirected from other areas, the government did not wait for the
recommendations contained in the conclusions of the parliamentary
commission that investigated the Madrid bombings, as approved by a
full sitting of the Chamber of Deputies in June 2005. José
Antonio Alonso said in October of that year that these were decisions
the government began to make ‘as soon as we took power or as
soon as we possibly could make them. For this reason, the great
majority of them naturally preceded the Commission’s
recommendations for action in this area’.
In fact, the executive committee
for the unified command of the national security forces (Comité
Ejecutivo para el Mando Unificado or CEMU) –an important innovation introduced to the structure
of the Interior Ministry in May 2004 and chaired by the Secretary of
State for Security– approved that same spring a wide-ranging
counter-terrorism plan (the Plan
Operativo de Lucha Contra el Terrorismo)
aimed at preventing and responding to the different varieties of
terrorism that pose challenges to Spain, though specific attention
focused on al-Qaeda related terrorism. In May 2006, when one of
Spain’s most experienced politicians, Alfredo Pérez
Rubalcaba, became the new Interior Minister, he did not change the
line of action initiated by his predecessor in terms of the planned
initiatives to adapt internal security structures to the new
challenges of global terrorism after March 11, nor did he make
changes to the measures implemented during the two previous years. In
his role as Secretary of State for Security, Antonio Camacho thus
personifies continuity in this area, bridging the mandates of the two
different Interior Ministers during the legislature and up to the
start of the following one. This in itself bears witness to the key
role he has played in making Spain, if not invulnerable (as no other
country in the world is either), then at least better prepared to
deal with the risks and threats associated with global terrorism.
Strengthening Intelligence
Capabilities
Spain’s accumulated
experience in the fight against terrorism, and more concretely in the
struggle against ETA, gives the country a certain comparative
advantage over most other western nations in general and over most of
its European neighbours in particular, when it comes to dealing with
the challenges of global terrorism. But this experience is not
necessarily immediately or easily transferable to the fight against
global terrorism, though it provides lessons that cannot be ignored
when adapting the instruments and state security agencies to deal
with the different aspects of this phenomenon. In this regard, we
know, for example, that in order to prevent attacks, dismantle
terrorist groups and break up their financing networks, it is
essential, above all, to have well-gathered and very well analysed
information. It is therefore reasonable that one of the basic aims of
the adaptation of Spain’s internal security structures to deal
with the risks and threats of international terrorism has been to
strengthen intelligence capacities, more specifically police
intelligence.
This is why, very early in the
legislature opened shortly after the Madrid bombings, the decision
was made to strengthen police central units of information and
intelligence, as well as their branches deployed on the periphery of
the country. Local information groups were even created in especially
significant places such as Ceuta and Melilla, both within the
National Police and the Civil Guard. That is to say, within Spain’s
only two police forces –the Civil Guard in fact being a
militarised police force– with counter-terrorism powers
throughout the entire country, in order to better prepare them to
prevent and respond to global terrorism. Catalonia and the Basque Country also have regional police forces
responsible to the executives of their respective autonomous
communities, known as the Mossos
d’Esquadra and
the Ertzaintza,
respectively. In recent years, and especially since the 11 March
attacks, both these regional police corps have shown clear interest
in developing their know-how with regard to global terrorism, and
have even carried out a few operations in this respect within their
corresponding territorial jurisdictions.
The decision by the National
Police and the Civil Guard to strengthen their counter-terrorism
services in order to make them better equipped to face the risks and
threats of global terrorism has led to an increase in the number of
jobs aimed at preventing and fighting it. Over the entire four-year
term of the legislature that began a few weeks after the March 11
attacks, about one thousand Police and Civil Guard agents were added.
More specifically, in 2004, 300 new positions were created for these
agents; in 2005, another 300 were added; more were added later,
brining the total to about a thousand for the whole period. This
tended to cover the needs estimated by the security forces themselves
in order to prevent and combat international terrorism in Spain.
Personnel were added at a pace that responded not so much to
political will as to the practical capacity of the various police
external information units to take on new human resources specialized
in international terrorism.
All this did not mean a reduction
in the number of the National Police and Civil Guard members working
in the fight against ETA. Quite the contrary, the counter-terrorism
services increased their staff by nearly 35% during the legislature,
although about three quarters of the new positions involved external
information work. Human resources in external information services or
units, which are those dealing with issues of international
terrorism, grew by 72% in the National Police force and 22% in the
Civil Guard. This disparity may well be due to the fact that the National Police
has carried out most of the operations against international
terrorism in Spain since the 1990s and also since the March 11
attacks, which put it in a more favorable position to increase prior
capabilities, while the Civil Guard has taken on most of its new
personnel to develop and consolidate such capabilities. Based on the
actual number of police agents who dealt with international terrorism
at the time of the Madrid bombings, the increase in personnel may be
in the order of six to tenfold, depending on the criteria used to
calculate it. At the start of a new legislature in May 2008, the
Interior Minister promised to increase the number of police agents
specialised in the fight against international counter-terrorism by
several hundred more.
Once the political decision has
been made to increase the number Police and Civil Guard staff working
in countering international terrorism, it takes time to select the
adequate people and give them specialised training before they can
start their new work. This is provided by the counter-terrorism
services of each one of the two national law enforcement bodies and
by its corresponding training divisions. It includes both technical
training in information and intelligence work, and training on the
specific characteristics and socio-cultural aspects of current global
terrorism. In Spain, those arrested, prosecuted and convicted for
crimes related with this type of terrorism are mainly foreigners from
countries with majority Muslim populations, in particular from North
Africa. However, the vast majority of immigrants from these countries
–about a million at present– have nothing to do with
terrorism. It is imperative that this basic but certainly crucial
distinction be made –along with other distinctions, for example
between Islam, Islamism and Jihadist Salafism– in order to
understand the circles in which terrorists move. This is essential
for proportionate and selective police action that is effective
rather than counterproductive.
It is very important that in
their work preventing and fighting global terrorism, the security
forces are able to earn the respect and confidence of the Muslim
communities established in Spain. It was very interesting to hear the
Interior Minister José Antonio Alonso, in his first appearance
before the parliamentary Interior committee on May 2004, refer to
‘recruiting as many personnel as possible for the Police and
Civil Guard from the related ethnic groups’ with respect to
human resources measures adopted to properly face current global
terrorism. This initiative, however, is limited to some cohorts of Spanish
citizens born in Ceuta and Melilla, since the great bulk of Arab and
Berber immigration is made up first generation immigrants who either
are not Spanish citizens or whose descendents have not reached legal
age nor acquired Spanish citizenship themselves. Nonetheless, some
interesting people have been hired. In any case, it is also true
that, in the prevention of global terrorism, the police forces
require both temporary and regular collaborators and informants who
are embedded in the communities where the terrorists move. But the
investigation of the 11 March attacks made it very clear that this is
an extraordinarily complex issue and its regulation is still pending,
given the many practical and legal obstacles encountered.
In addition to the increase in
human resources aimed at improving the police knowledge and action
against current global terrorism, the number of translators and
interpreters working in the internal security structure in Arabic and
certain other highly relevant languages such as Urdu, rose from 11 to
86 between April 2004 and November 2007. Another aspect of
strengthening the central police information and intelligence
services in order to prepare the security forces to deal effectively
with the challenges inherent to global terrorism has been the
creation of new departments specialised in matters directly related
to the procedures and operational methods used by international
terrorists, as well as investments in new material resources. For
example, the Comisaría
General de Información,
that is the counterterrorism branch of the National Police force,
established new units in areas such as strategic analysis,
information systems and technologies, and what has become known as
cyber-terrorism. As mentioned above, in order to cover the costs of
initiating these reforms in the Spanish counter-terrorism sector, as
well as other reforms described and analysed in this paper, it was
necessary to redirect funds from other areas, since the decisions
made at the start of the post 3/11 legislature were not included in
the 2004 budget. The direct cost of counter-terrorism services came
to approximately €350 million in 2005. This amount rose to €368
million (an 11% increase) in the 2006 budget. The figure for direct
costs includes specific funding for the fight against international
terrorism, and funding under this heading has continued to keep pace
with funding for security in general, which has grown by 48.4% over
the four-year period.
Despite the increase in human
resources, organisational changes and acquisitions of new material
resources used to adapt internal security structures to deal with the
risks and threats of global terrorism after the 11 March attacks, it
must be kept in mind that the police information and intelligence
services are subject to existing legislation. Also, that even though
this phenomenon is very difficult to investigate and it is especially
complicated to present judges with incriminating evidence, no
significant changes have been made in counter-terrorism legislation,
except for some that involve the storage and use of explosives, and
the transfer to Spanish legislation of binding decisions made at the
EU level. This situation is in contrast to other European and western
countries whose citizens have also suffered serious terrorist attacks
related to al-Qaeda, such as in the US, Australia and the UK, where
special legislation has been introduced. It is also in contrast to
other countries such as France and Italy, where attacks are feared
and special legislation has also been passed. On one hand, the fact
that Spain has not substantially changed its terrorism laws means
that fundamental rights and civil liberties have not risked being
eroded on the excuse of combating global terrorism. But on the other,
it suggests that we should consider whether or not the provisions of
the Criminal Code (Código
Penal), designed
essentially to deal with ETA, are equally applicable to another
terrorist threat, one with significant differences in its
organisational structure, internal make-up, transnational scope and
operational procedures. It may be time to consider reforms to the
characterisation of certain preparatory activities that lay the
groundwork for violent radicalisation, recruitment and terrorist
training, which do not always meet the technical legal criteria of
collaboration with an armed group. We might also consider making the
financing of international terrorism a crime in itself, while looking
into witness protection, the use of intelligence sources before the
courts, and wire tapping without previous judicial authorisation, for
example.
Advances in Antiterrorism
Coordination
One of the most substantial
innovations to occur during the legislature following the Madrid
bombings, in terms of adapting intelligence capabilities to more
effectively prevent and fight global terrorism, is at the same time a
clear step forward along another of the main lines of action taken to
adapt internal security structures to the risks and threats posed by
the phenomenon. Specifically, it is a fundamental step towards
strengthening coordination between national security forces, in light
not only of the weaknesses in this area that became clear upon
examination of events leading up to the attacks of 11 March 2004, but
also the problems in the relationships among the various security
forces. This has been a constant in the Spanish police model,
although such problems are certainly not exclusive to Spain, and
indeed affect other European and western countries whose internal
security sectors are also made up of different agencies. Anyone
familiar with the ins and outs of Spanish internal security knows the
amount of political will needed to overcome deeply rooted resistance
from corporate subcultures and institutional rivalries.
In any case, the development I am
referring to is none other than the creation, on 28 May 2004, of the
National Antiterrorism Coordination Centre (Centro
Nacional de Coordinación Antiterrorista,
or CNCA), after the Cabinet approved a proposal from the Executive
Committee for the Unified Command (CEMU, mentioned above).
Considering that this committee had been formally created only days
earlier to coordinate the security forces within the Interior
Ministry, it certainly took quick action in this matter. In fact, the
CNCA is functionally dependent on the CEMU, though organisationally
speaking it was originally attached to the office of the Secretary of
State for Security, then later was handed over to the Interior
Minister’s own office, very likely in order to provide it with
a higher profile and to facilitate the operations it began to carry
out in September of that year, six months after 11 March. These
functions include regular assessments of terrorist risks and threats
to Spain, assessments that provide high-quality strategic
intelligence that includes possible scenarios for intervention and
operational recommendations for dealing with such risks and threats. The CNCA was initially directed by a reputed Superintendent, Miguel Valverde, who was replaced in 2006, when he became head of the counter-terrorism division of the National Police, by another prestigious Superintendent namely Eugenio Pereiro.
To carry out its mission, the
CNCA has its own headquarters on the outskirts of Madrid.
Approximately 60 persons work together at these headquarters. Around
half of them are analysts from the National Police and the Civil
Guard, who work alongside a delegation from the National Intelligence
Centre (Centro Nacional
de Inteligencia, or
CNI), an agency that reports to the Defence Ministry. The rest of its members are other police and security forces
professionals, translators and administrative support staff. Some
experts from the National Penitentiary Institutions Office (Dirección
General de Instituciones Penitenciarias,
or DGIP) have also come on board and there is a protocol for
collaboration with the Mossos
d’Esquadra.
Another such protocol with the Ertzaintza would also seem to be
a reasonable step. The CNCA has regular contacts with similar
institutions in other European and western countries, including
agencies as important in their respective intelligence communities as
the JTAC (UK), UCLAT (France) and the NCTC (US). It also works with
some parallel agencies in the Arab world and the Asian region, and
with the African Union’s CAERT, which is based in Algiers. In
this way it contributes to Spanish government’s increased
international cooperation against global terrorism since the 11 March
attacks.
The CNCA is clearly a big step
forward both in terms of integrated intelligence analysis –a
key tool enabling the national government to make good decisions on
security policy– and the coordination of counter-terrorism
among the various security forces, for whom the CNCA acts as a
complementary and auxiliary body. Regarding this latter function, it is more than significant that, in
December 2006, a System for the Coordination of Counter-terrorism
Operations (SICOA) was established inside the CNCA. This is basically
a database in which the National Police’s Anti-Terrorist
Division (Comisaría
General de Información)
and the Civil Guard’s information service enter data
corresponding to current terrorism investigations, as well as any
other actions related to the same. This is a way of quickly detecting
possible duplications, thereby preventing overlaps and disruptions in
the work done by the security forces in the prevention and response
to the various manifestations of terrorism.
The fact that the National
Antiterrorism Coordination Centre was created only two months after
the 11 March attacks highlights the great importance of establishing
an agency that could assess the risks and threats posed by terrorism
related in one way or another with al-Qaeda. At the same, although
ETA may well be on the decline as an armed group, fact is that it
continues to exist and it is reasonable that the CNCA should also
focus on ETA’s terrorist activities as well as on other
autochthonous varieties of the terrorist phenomenon. It is
nevertheless striking that, despite the fact that Spain’s
democratic institutions and citizens suffered ETA’s terrorist
attacks for nearly three decades, especially though not solely in the
Basque Country, it was not until after the massacre on the so-called
‘death trains’ in Madrid that the decision was made to
create an institution in which specialists from the various security
forces could jointly assess the situation and coordinate
counter-terrorism activities. In any case, though the CNCA was
created in the framework of a series of initiatives designed to deal
with the risks and threats of global terrorism, it adds also value to
the fight against ETA.
Closely related to the
developments in the coordination of antiterrorism and
counter-terrorism activities is an initiative taken by the Spanish
government after the Madrid bombings, based on the same general
principle of the public interest that underlies the decisions aimed
at strengthening this coordination and also on the more specific
principle that calls for information and intelligence to be made
available and shared among the various state security agencies. The
initiative involves putting into practice this principle of ensuring
the availability of information that is in the interest of public
security and specifically relevant to the fight against terrorism. It
makes use a new formula for managing police databases to guarantee
quick, joint and shared access for all security forces, something
which, surprising at it may seem, did not previously exist. As a
result of a programme whose development began early in the
legislature which started just a few weeks after the Madrid bombings,
shared access for the National Police and for the Civil Guard became
a reality by mid-2006 for databases including the national identity
document (DNI), arms and explosives, passenger lists, and voice and
fingerprint identification systems. Upon ratification of an act (Ley
Orgánica 10/2007) passed on 8 October 2007, identifiers
obtained through DNA testing were added to this list. Also, there is
now immediate access to the police records and passenger lists for
flights from third countries. Overall, between 2004 and 2006,
establishing the CNCA and the programme for unifying police databases
called for an investment of nearly €19 million, and initial
annual cost estimates for personnel and general expenses amounted to
€1.6 million and €550,000, respectively.
The regulations governing the
configuration and functions of the Interior departments in Spanish
diplomatic missions, implemented when Alfredo Pérez Rubalcaba
was already Minister of the Interior, may be considered another
improvement to counter-terrorism coordination, one that facilitates
the adaptation of Spanish internal security structures to better deal
with the risks and threats of terrorism connected with al-Qaeda.
While concern regarding the reform of this important issue predated
the arrival of the new minister in May 2006, it was only after of a
government order on 10 November 2006 (Royal Decree 1300/2006), that
the aforementioned Interior departments in Spanish diplomatic
missions and permanent delegations to international organisations
received the details of their mandate to provide information to
higher bodies and directors of the Interior Ministry and the CNCA
regarding terrorism in all its manifestations that might affect
Spain’s internal security. One of the aims of these regulations
is to avoid situations in which the National Police or Civil Guard
agents in those positions –and others that may be added or
liaison officers– act as if they were responsible only to their
own particular security force on matters relating to the fight
against global terrorism. This is something that has in fact been
occurring and perhaps it would not be easy to change completely in
the short term.
New Measures for Prevention and Protection
The need for specific measures to
prevent new attacks that could cause a large number of victims or
disrupt the normal functioning of our society –given the
evidence that the threat of global terrorism is persistent, both in
Spain and in other European and western countries– explains why
the Executive Committee for the Unified Command (CEMU) approved a
Terrorism Prevention and Protection Plan (Plan
de Prevención y Protección Antiterrorista)
in March 2005, in addition to improving police coordination and
intelligence capacities. Prior to this plan, in December 2004, the Secretary of State for
Security had already given two instructions regarding stricter
security measures to be adopted in places where large numbers of
people would be gathering for the Christmas festivities that year.
The plan established now a set of permanent standards for actions by
both the National Police and the Civil Guard in these and other
similar situations.
The standards set by the
Terrorism Prevention and Protection Plan implies the extraordinary
mobilisation of a large number of police officers. Even military
personnel could be called, by decision from the Minister of the
Interior, for a number of support tasks, including the monitoring of
air space. Regional and local police forces could also take part in
the activities described in the plan. The measures included in the
plan are activated and coordinated through the office of the
Secretary of State for Security at three possible levels, according
to the assessment of the risks and threats involved. They can vary
according to the season of the year or changes in the national or
international situation, in order to protect places with high
concentrations of persons or major infrastructures, among other
possible terrorist targets of a strategic or symbolic nature. For
example, it was activated at level three, the highest possible, in
June 2005, shortly after news of the London bombings, and at level
two in 2007, when the National Court was in session for the trials of
the suspected 11 March bombers and their collaborators.
Although the Terrorism Prevention
and Protection Plan focuses on safeguarding essential public services
for Spanish citizens, CEMU approved a National Plan for the
Protection of Critical Infrastructures in May 2007 (that is, in the
last year of the legislature initiated shortly after the Madrid
bombings, until then there had been no plan of any kind) after
preparing a list of such infrastructures (declared secret by the
Government in November of the same year), and after studying the
risks affecting each piece of infrastructure and determining both
preventative and proactive operations to be implemented by the police
forces. The National Plan for the Protection of Critical
Infrastructure calls for broad inter-ministerial collaboration, as
well as an effective partnership between the public and private
sectors, with links to European programmes and networks tackling this
issue. There is also now a specific plan for the protection of
maritime transport and port facilities in Spain. This is especially
important considering that fact that maritime terrorism is one of the
potential facets of global terrorism today. Also, regarding what is
considered an unlikely but increasingly plausible scenario for global
terrorism involving attacks with nuclear, radioactive,
bacteriological or chemical (NRBC) components, authorities at the
Interior Ministry also decided in 2005 to establish a Prevention and
Reaction Plan to deal with possible incidents involving
non-conventional components and to prepare an appropriate response to
threats of this nature. This is a specific plan whose development has
been entrusted to the Civil Guard and which involves thousands of its
personnel. Nevertheless, the units specialised in the deactivation of
explosive devices, now of an integral character and known as
Tedax-NRBC, belonging to the Anti-Terrorist Division within the
National Police, are the better prepared to deal with episodes
involving these kind of non-conventional terrorist risks and threats.
Furthermore, the fact that the
terrorists who carried out the 11 March attacks acquired the
necessary explosives through Spanish criminals highlighted the
urgency of increasing controls over these substances. In this regard,
the regulations governing their transport, storage and use were made
considerably stricter as from the Madrid bombings. This included new
requirements for books that detail their movements and use, and the
obligation to submit records each month on the corresponding use of
weapons and explosives. Also, the Civil Guard developed an extensive
action plan to monitor these records. Between November 2004 and
November 2007, this led to over 166,000 inspections throughout the
country, with particular attention to certain areas of special
interest and concern. About 2,500 infractions were detected.
Specifically, over three tons of explosives, over 11 kilometres of
detonating cord and over 15,000 detonators were seized. Also, through a law passed on 10 October 2005 (Organic Law 4/2005),
the Criminal Code was modified to increase the penalties for
trafficking and illegal use of explosive substances that could be
used by terrorist groups.
The Spanish government, within
the bounds of the Interior Ministry, has also made headway in a
development that complements the work being done by the police
intelligence services in the area of the financing of terrorism. In
late 2005, the police were actively involved in nearly 500
investigations relating to the financing of international terrorism.
This eventually led to a series of police operations and a
considerable number of arrests. Effective measures were implemented
to monitor activities suspected of providing economic and financial
resources to terrorist groups or organisations. This was accomplished
through enabling regulations for the current law on the prevention
and blocking of financing for terrorism, which dates from May 2003.
These enabling regulations are necessary in order for the system to
be able to implement some of the measures aimed at monitoring,
banning or blocking any financial flow, position or operation likely
to be related to the financing of terrorism. While adaptation to the
third European directive on banking systems and the prevention of the
financing of terrorism is completed, between 2004 and 2007, the
four-year period that largely corresponds to the post-3/11
legislature, the Commission for the Monitoring of Activities related
to the Financing of Terrorism (Comisión
de Vigilancia de Actividades de Financiación del Terrorismo or CVAFT) closed a total of 730 files, of which about half (exactly
369) involved the financing of Islamist terrorism.
Responsibility for Spanish
prisons resided for years with the Ministry of Justice, but this was
handed over to the Interior Ministry in the mid-1990s. Given its
great importance in terms of counter-terrorism policy, the decision
was made in November 2004 that prisoners convicted of or charged with
crimes related to international terrorism would be dispersed among
about 30 prisons, including two operated by the regional government
of Catalonia, instead of remaining at the two facilities where the
majority of them had been kept. The goal was to prevent them from
turning into places where violent radicalization would develop and
terrorists could be recruited. Operation Nova, a major police
operation carried out earlier the same month, had in fact proved that
this was taking place. This initiative was accompanied by the
application of other organisational and disciplinary measures to this
category of prisoners, who numbered close to 200 four years after the
11 March attacks. These measures included the specific monitoring of
particular prisoners through the FIES system (Fichero
de Internos de Especial Seguimiento),
which was already in use for those charged with or convicted of
different types of crimes involving terrorism or other particularly
serious offences.
This special monitoring of
individuals incarcerated for Jihadist terrorism offences means a very
rigorous, closed prison regime that always involves limited
interaction with other prisoners and monitored communications. Other
prisoners who, due to their fanatic behaviour and their Jihadist
proselytising attitude in prison may be a cause for concern but who
are not subject to this same programme, are also monitored closely.
In relation to all this, both penitentiary directors and assistant
directors for security at the different prisons have since then
received specific training on international terrorism. Also,
translators have been made available in over 20 of these
institutions, religious assistance is provided to Islamic inmates
and, since the end of 2004, a protocol has been in place to provide
the security forces with the information generated through the
monitoring of prisoners associated with international terrorism.
Since these prisoners are also part of the larger group of foreign
inmates, they nevertheless have access to an education and social
reinsertion plan that includes options ranging from Spanish language
courses to vocational training. This could help to inhibit violent
radicalisation processes and could even encourage de-radicalisation,
outcomes that will have to be evaluated with particular attention.
The success of the government
measures taken against international terrorism perpetrated by
individuals and groups who claim to be followers of Islam, depends to
a large extent on the perceptions of the Muslim communities in Spain
toward these terrorists and towards state counter-terrorist
activities. Within these communities a significant minority has been
found exhibiting positive attitudes towards al-Qaeda, Osama bin Laden
and the global Jihad, among other relevant indicators. It is inside these communities where self-proclaimed Jihadist
terrorism must be challenged, in particular, but not only, by
recognised religious authorities. This would inhibit processes of
radicalisation and socialisation in a type of violence whose
promoters put forward justifications based on an intransigent,
inflexible and irrational reading of the Koran and other traditional
texts that are the basis of the Muslim creed. In this regard, it is
significant that the Ministry of the Interior and, in particular, the
office of the Secretary of State for Security, through its head,
Antonio Camacho, has been cultivating a fluid dialogue with the
leaders of the Islamic Commission of Spain, a stable organisation
that that has been in dialogue with the Spanish state since the
signing of a cooperation agreement in 1992. These Muslim leaders have
acknowledged the efforts made by the Spanish authorities to maintain
an ongoing dialogue. As a result of this, the Ministry of the
Interior receives first-hand information if, for example, an
undesired consequence of a given counter-terrorism operation is a
feeling in the Muslim community that they are the victims of
harassment. In such cases, the Ministry can use this information to
manage the situation in the best way possible. However, it is a
dialogue limited by problems of representation that affect the
leaders of the main Muslim associations, who strive –not
without interference from beyond our borders– to articulate the
interests of Muslims living in Spain. It is also limited by the
divisions found both within each association and between
associations.
Europeanising and
International Cooperation
International terrorism related
one way or another with al-Qaeda is a widely transnationalised and
even globalised phenomenon. As a result, the efficiency of
governmental initiatives to increase national capabilities in terms
of police information and intelligence, to improve coordination among
state security agencies and to develop protection plans –among
the measures adopted by Spanish authorities in the aftermath of the
March 11 attacks– would be very limited in the absence of
effective international cooperation. As the experience of the fight
against ETA has shown, such cooperation is essential to combat a form
of terrorism that crosses borders. In the specific case of ETA, it is
Spanish-French cooperation that is essential, notwithstanding the
fact that cooperation is also necessary both within and beyond
Europe, particularly with certain Latin American countries. However,
preventing, containing and fighting global terrorism requires a much
broader agenda of cooperation with authorities in other nations, in
the realm of internal security. Bilateral cooperation is especially
important, but participation in multilateral forums is also
important. Increasing and diversifying this international cooperation
was a top goal of those responsible for Spanish internal security as
soon as the PSOE came to power after the general elections on 14
March 2004. To accomplish this, they established action plans for
geopolitical zones and countries identified as top priorities in
terms of global terrorism.
These action plans starting, of
course, with our immediate European neighbours and the EU itself. As
was the case during the two previous legislatures with the Popular
Party in government, 1996-2000 and 2000-04, Spain’s Interior
Ministry has continued to be very active in the EU Council of
Ministers of Justice and Home Affairs, an inter-governmental
decision-making body that deals with matters relating to the fight
against terrorism of all kinds, an issue that came to fore after the
9/11 attacks. Some of the initiatives taken by the Spanish government since the 11
March attacks have been subsequently passed on to this
inter-governmental framework of cooperation, in the context of the
so-called ‘Third Pillar’. Since the attacks, the first
related to the current global terrorism network to occur on European
soil, collective decisions have been made there aimed at the
prevention and fight against this phenomenon, the implementation of
which is mandatory in Spain and the other member states, thus helping
Europeanise national counter-terrorism policy both in Spain and in
other EU member countries. In 2005, for example, Spain became the first country to transpose the
EU directive of April 2004 (designed for counter-terrorism purposes)
that makes it mandatory for passenger carriers to provide a prior
list of the persons who plan to cross an external border of the EU.
Spain has also taken steps, through Law 25/2007 (18 October 2007), to
incorporate the directive approved in March 2006 by the European
Parliament and Council on keeping information relating to electronic
communications and public communications networks. This is also
considered a key legal instrument in the fight against global
terrorism.
Since 11 March 2004, the
authorities at the Ministry of the Interior have taken an active role
in the implementation of the EU Action Plan for the Fight Against
Terrorism, revised in March 2004. They have also been involved in the
preparation of the EU Strategy on the Fight Against Terrorism, whose
final wording was adopted in late 2005. Through the Interior
Ministry, the Spanish government is also among the EU countries that
has been most actively involved in developing the Hague Programme,
adopted by the European Council in November 2004 as a multi-year plan
which, from 2005 to 2008, is meant to improve the capacity of the EU
and its member states to fight the terrorist threat, among other
goals. The Spanish security forces have also continued to take part
in different mechanisms for inter-governmental dialogue on this issue
in the context of the EU’s Third Pillar, such as the Working
Group on Terrorism and the Task Force of Police Chiefs. And, of
course, they participate in Europol, an agency devoted to gathering,
analysing and facilitating the exchange of information between police
agencies in EU member states, with terrorism being one of its
fundamental objectives. However, for at least two years following the
11 March attacks, Spain did not make a very strong contribution to
that agency’s file on international terrorism, ranking seventh
in terms of the number of contributions and 11th in terms of quality.
It is also true, though, that Europol adds far less value to the
prevention and fight against global terrorism within the respective
national jurisdictions than would be needed to make it significant at
an operational level.
Indeed, the Spanish authorities,
like those in other European countries, continue to put much more
faith in bilateral arrangements than in any other form of
international counter-terrorism cooperation –even within the EU
region– mainly due to the very sensitive nature of much of the
information exchanged. In this regard, the Spanish security forces
cooperate especially well with their counterparts in the UK and
France. In fact, in September 2004 Spain and France formed a joint
investigation team that includes police officers from both countries
working specifically on the issue of Islamic terrorism. The Spanish
government is at the forefront of EU countries that have chosen to
become involved in other initiatives to strengthen cooperation on
matters of internal security in general and counter-terrorism in
particular, issues that do not always coincide. Among the most
significant initiatives are those taken by the G-6 countries (known
as the G-5 until 2006) and the Prüm Treaty. The G-6 is an
informal forum for discussion between the Interior Ministers of
Germany, Spain, France, Italy and the UK. Poland joined in 2006, when
it joined the EU. The Prüm Treaty on increased trans-border
cooperation in the fight against terrorism and other crimes, also
known as Schengen III, was signed in May 2005 by Germany, Austria,
Spain, France, Luxembourg and the Netherlands.
Secondly, the international
cooperation against global terrorism developed by the Spanish
authorities has led to increased cooperation with the US. Despite
what many believe, the political distance and total lack of dialogue
between the Spanish Prime Minister, José Luis Rodríguez
Zapatero, and the US President George Bush, which may have affected
other aspects of Spain’s foreign policy during the post-3/11
legislature, have not had an impact on cooperation with the US in the
area of counter-terrorism. This may be because this area of
cooperation is conducted with some degree of autonomy from the
political level and disagreements that may affect the relationship
between national leaders, though, of course, within certain limits.
In fact, it may be disrupted more by informal issues related to the
human factor that is still so important to effective international
cooperation between police and intelligence forces, than by formal
issues per se.
Nonetheless, the Spanish Interior Minister and the Secretary of State
for Security, as well as the top police officials responsible for the
fight against terrorism, have maintained stable and fluid
relationships with their US counterparts, making mutual visits that
have facilitated police cooperation, especially on issues relating to
global terrorism. This is true despite the fact that this cooperation has been
characterised by a rather unequal exchange in which US agencies tend
to benefit more from the information they receive from their Spanish
counterparts, who are often disappointed by the lack of response they
receive to their requests for information from the US.
Third, the adaptation of Spain’s
internal security structures aimed at preventing terrorism related in
one way or another with al-Qaeda has been facilitated by increased
cooperation with police forces in predominantly Muslim countries
where al-Qaeda, its territorial extensions or associated groups or
organisations are established, and which could penetrate Spanish
territory. At the start of the post-3/11 legislature, the Maghreb was
identified as the top priority for this kind of cooperation. And as
an obvious result of the 11 March attacks, Morocco became the country
receiving top attention, along with Algeria. This is perfectly
understandable, since individuals from the Maghreb make up over 80%
of all prisoners in Spain for crimes related to so-called Jihadist
terrorism. About four out of 10 are Moroccan and nearly the same
proportion came from Algeria. These are somewhat striking figures considering that the number of
Moroccan immigrants residing in Spain is estimated to be 10 to 15
times higher than the number of Algerians. But statistics are more
understandable considering the development of Islamist terrorism in
Algeria since the early 1990s and the fact that that country is now
the main scene of attacks by the regional branch of al-Qaeda in the
Maghreb, which was formed in late 2006 or early 2007 from the
Salafist Group for Preaching and Combat (GSPC). While there have been
intensive, ongoing exchanges of information between the Spanish and
Moroccan security forces since 11 March 2004, it has required more
effort to achieve a fruitful level of cooperation with the Algerian
authorities. However, all this has produced results. In any case,
police cooperation with the authorities in Maghreb countries is
important not only to prevent global terrorism on Spanish soil, but
also against Spanish interests and Spanish citizens in these
countries, which have been specifically targeted (as have the French,
for example) by the North African branch of al-Qaeda since it first
appeared.
By the autumn of 2005 –a
year and a half into the post-3/11 legislature– as part of an
initiative to reinforce the deployment of police attachés and
liaison officers abroad (designed and coordinated by the office of
the Secretary of State for Security), agents specifically devoted to
issues of global terrorism had been assigned to posts in countries
where previously there had been none, despite the fact that the
al-Qaeda cell established in Spain in the 1990s had maintained
regular contacts with individuals and terrorist groups in those
countries. More specifically, new Interior Ministry attachés
were posted to Libya and Morocco, to Mauritania in the increasingly
important Sahel region, to Syria and Jordan in the Middle East, to
Pakistan in south Asia or to Indonesia and the Philippines in
south-east Asia. This external network of police contacts spread
gradually to other countries such as Mali, Lebanon, and Saudi Arabia,
among a list of especially significant locations in terms of global
terrorism, while bilateral counter-terrorism agreements were
negotiated with countries such as Algeria in 2007 and Egypt and Mali
in 2008. This cooperation was fostered through contacts such as those
between the Spanish Interior Ministry and the Arab League, and
through Spain’s participation in forums such as the ones
periodically held by the Ministers of the Interior of the Western
Mediterranean (CIMO).
Do the Government and the
Citizens Agree?
Having reached this point, we may
well ask what Spanish citizens think of the measures that their
national government has taken since the 11 March attacks to adapt our
internal security structures to face the risks and threats of global
terrorism. Have the actions taken by the Interior Ministry in this
regard been well received by the general population? A Barometer of
the Real Instituto Elcano (BRIE) carried out in June 2006 –by
which time most of the initiatives mentioned in this working paper
had already been adopted and was at an advanced stage of
implementation– provided interesting data on public opinion on
this issue. For example, regarding the increase in police intelligence
capabilities and, more specifically, the increase in human resources
in the respective external intelligence services and units within the
national security forces –the services specifically working to
prevent and combat international terrorism– the survey showed
that 84% of respondents felt it was important or very important to
‘greatly increase the number of Police and Civil Guard agents’
as a way to fight this problem, and up to 61% considered this very
important.
Those interviewed for the same
study of Spanish public opinion were also asked for their assessment
of two other government initiatives –both also taken shortly
after the start of the legislature following the general elections
held three days after the 11 March attacks– involving two
developments in counter-terrorism coordination. Ninety-seven percent
of respondents felt that ‘obliging the Civil Guard and the
National Police to coordinate’ was an important or very
important measure to be taken against international terrorism, while
up to 88% agreed that this was very important. Of all the government
initiatives on this issue mentioned in the survey, this was the one
that received the greatest and strongest support from Spanish
citizens. According to the same survey, 94% of respondents agreed
that, above and beyond joint, shared access to information, it was
important or very important to ‘unify the databases of the
national security forces’ as a measure to counter international
terrorism. Eighty-one percent considered this a very important
measure.
The existence of ‘special
prevention plans on special dates or for special events’ was
identified by 87% of those interviewed as being important or very
important, while 61% considered it simply a very important measure to
prevent attacks related to global terrorism. The BRIE survey also
indicated that 72% of Spanish citizens believed that it was important
or very important to have ‘plans [in place] to deal with
terrorist attacks with nuclear, radioactive, bacteriological or
chemical weapons’, while 57% said this was a very important
measure in the fight against international terrorism. The fact that
these plans were identified as important by 15% fewer people than in
the case of plans for terrorism prevention and protection for special
dates and events, may be because there is a part of Spanish public
opinion that is not convinced by the idea that Jihadist terrorists
could acquire and use non-conventional weapons or weapons of mass
destruction on Spanish soil.
‘Increasing control over
financial institutions to prevent the financing of terrorism’
was identified by 91% of respondents to the same survey as an
important or very important measure in the fight against
international terrorism, while up to 78% agreed it was very
important. The importance of ‘preventing prisoners convicted of
crimes of international terrorism from staying together in the same
prison’ was an issue on which there was less agreement among
citizens. Seventy-four of the respondents agreed it was important or
very important, and 57% alone that it was very important. ‘Keeping
up an ongoing dialogue with Muslim communities in Spain’ –as,
in fact, the Ministry of the Interior and, particularly, the
Secretary of State for Security have been doing– was identified
as an important or very important measure in the fight against
international terrorism by 80% of those interviewed in the BRIE
survey of June 2006, and as very important by 57%.
While cooperation on
counter-terrorism within the EU is very highly valued, with 97% of
those interviewed identifying it as important or very important and
as many as 91% as very important, these figures drop to 81% and 64%,
respectively, in the case of cooperation with Morocco, to 79% and 64%
for cooperation with countries in the Muslim world, and to 79% and
61% for cooperation with the US. The relatively lesser importance
indicated by Spanish public opinion regarding counter-terrorism
cooperation with the authorities in Spain’s North African
neighbour and in the rest of the Muslim world may be due to the
negative opinion observed in some segments of Spanish public opinion
vis-à-vis the political regimes now typically found in that
geo-political region. As for cooperation with the US, while a
sizeable majority of Spaniards favour counter-terrorism cooperation
with the US authorities, there seems to be a palpable discontent
among Spanish citizens regarding the so-called war on terror
undertaken by the leaders of this superpower, as well as a certain
latent anti-Americanism in Spanish political culture.
On the whole, the actions that
the government took during the post-3/11 legislature to adapt
internal security structures to the risks and threats of global
terrorism do indeed correspond to measures that Spanish public
opinion considers either important or very important. Both in terms
of the increase in intelligence capacities and counter-terrorism
coordination, through general or specific prevention and protection
plans, including some of the initiatives discussed in this analysis,
and in terms of international cooperation to more effectively face
the risks and threats of global terrorism, the decisions taken by the
Ministry of the Interior after the March 11 attacks were in harmony
with a series of generic measures that the BRIE survey showed were
favoured by a large majority of Spanish citizens. This widespread
social acceptance suggests, first of all, that the authorities
responsible for internal security enjoy a great deal of public
support to continue making headway with the measures adopted; and
secondly, that there are solid grounds for an explicit and stable
political consensus on this important issue, at least between Spain’s
two main political parties.
Such a political consensus,
however, did not exist during the post-3/11 legislature and, while it
is difficult to assess to what extent a lack of consensus had a
negative impact on the implementation of the measures taken by the
government to adapt internal security structures to the challenges of
global terrorism, it is reasonable to assume that this political
climate did nothing to facilitate things, since the lack of agreement
between Spain’s two main political parties, which was echoed in
the news media, ended up having some impact on the officials who
ultimately implement the decisions that had been legitimately made by
the authorities. The lack of political consensus in the prevention
and fight against global terrorism was made clear in the aftermath of
the Madrid bombings of 11 March 2004, when, due to the different
interpretations of the attacks given by the two main parties and the
impact of this on the results of the general elections held three
days later, the Spanish Socialist Party (PSOE) beat the Popular Party
(PP), which had expected to renew its parliamentary majority and keep
control of the executive branch of government. It is a well-known fact that the lack of consensus was aggravated by
the strong disagreements caused by the ultimately futile attempt by
José Luis Rodríguez Zapatero, in his capacity as Prime
Minister, to put an end to ETA terrorism through a controversial
process of dialogue and negotiation with the armed group and with the
political party that represents the group’s base of social
support. Meanwhile, this lack of consensus made its way into civil
society and even led to divisions within associations of victims of
terrorism, in a dynamic that was not mitigated by the decision to
create a High Commissioner, Gregorio Peces-Barba, to deal with these
associations. Fortunately, the new legislature, as from April 2008,
opened with much more promising prospects for achieving the political
consensus that the government requires to act against terrorism in
general and against global terrorism in particular.
Conclusion: ‘We Must Not
Lower Our Guard’
The set of measures adopted by
the Spanish government after the 11 March attacks to adapt internal
security structures to the risks and threats of global terrorism are
part of a counter-terrorism plan (the already mentioned Plan
Operativo de Lucha Contra el Terrorismo)
approved in the spring of 2004, but are closely linked to other
initiatives in the same direction developed since that date beyond
the confines of the Interior Ministry. While this is the main
institution that elaborates and implements counter-terrorism policy,
it is not the only ministerial department involved one way or another
in the government’s response to the continued challenges to
Spain posed by al-Qaeda, its regional branches, groups associated
with it and the local cells it inspires. Due to the complexity of
global terrorism, its cross-border nature and the international
regime in place to counter it, the government initiatives to prevent
and fight the phenomenon necessarily require collective action at
both inter-governmental and intra-governmental levels. At the same
time, the participation of actors in areas of decision making that
are not strictly related to internal security has become increasingly
important.
For example, the number of
personnel working in the various security forces to adapt police
intelligence and information capacities to the fight against global
terrorism has increased at the same pace as this has also happened at
the National Intelligence Centre. In turn, the Centre contributes to
the work being done by the National Centre for Antiterrorist
Coordination, despite the fact that the latter is responsible to the
Ministry of the Interior, while the former is part of the Ministry of
Defence. In other words, it is integrated in the same department that
includes the Armed Forces, but whose human and material resources can
be mobilised according to the level at which the Secretary of State
for Security decides to set the Counter-terrorism Prevention and
Protection Plan. That is also the location of the Emergency Military
Unit (Unidad Militar de
Emergencias, or UME),
which was created in 2005 to assist other public agencies and
authorities in situations such as, for example, the aftermath of a
major terrorist attack. Furthermore, both the general and specific
plans for prevention and protection against terrorism require the
participation of other ministries, regional autonomous governments
and local authorities, as well as the private sector, depending on
the situation.
The actions carried out by the
Commission for the Monitoring of Activities related to the Financing
of Terrorism (CVAFT) also illustrate the interrelations between the
internal security sector and other areas of the national government
and civil society. Though it is headed by the Secretary of State for
Security, with the participation of other services attached to the
Interior Ministry, such as the security forces, it also needs input
from the Ministry of the Economy, the Treasure office, the Office of
the Attorney General and the Bank of Spain. The latter, for example,
provides a Money Laundering Prevention Service (SEPBLAC) which, in
its capacity as a Spanish financial intelligence unit, plays a
decisive role in the Commission’s work as a technical support
service that works alongside police units specialised in
investigating the financing of terrorism. Meanwhile, the dialogue
between the makers of Spanish internal security policy and
representatives of Muslim communities, an interesting issue in
itself, is an initiative included in the renewed efforts by the
General Directorate of Religious Affairs to regulate Islam in Spain
since 2004. This Office is, however, part of the Ministry of Justice,
which maintains close contact with authorities at the Ministry of the
Interior on a long list of matters of common interest –one of
which is how to deal with global terrorism– including issues
discussed at European forums on cooperation that the heads of both
departments attend.
In this regard, the participation
of two or more ministerial portfolios is often required to implement
EU decisions at the national level in Spain or in other member
countries involved in a given initiative. For example, to implement
the Hague Programme, the Spanish government had to set up an
inter-ministerial group which, coordinated by the Interior Ministry,
included participation by the Ministries of External Affairs and
Cooperation, Justice, Economy, and the Attorney General’s
office, as well as other Administration units involved more or less
directly in counter-terrorism issues. In any case, the closer
international cooperation that the Interior Ministry has implemented
as one of its measures to adapt internal security structures to the
challenges of global terrorism, has been combined with the efforts
made in the area of counter-terrorism cooperation implemented during
the post-3/11 legislature by the Ministry of Foreign Affairs and
Cooperation, specifically through the General Directorate for
International Affairs of Terrorism, Non-proliferation and
Disarmament, created in June 2005 and whose name was changed at the
start of the following legislature to the General Directorate for
Strategic Affairs and Terrorism. This office carries out its
multilateral activities with international organisations such as the
United Nations, the Organisation for Security and Cooperation in
Europe (OSCE), the European Council and the Financial Action Task
Force (FATF), often developing frameworks for counter-terrorism
collaboration and cooperation, and implementing counter-terrorism
initiatives through public diplomacy or bilateral talks, often prior
to establishing effective channels for police collaboration and
cooperation against global terrorism.
All in all, the action that the
Spanish government has taken against global terrorism is both
multifaceted and multi-departmental, and goes beyond the measures
adopted in the internal security sector. However, while integrated,
consensus-based national strategies to deal with this issue have been
formalised in other European and western countries, this is not the
case in Spain. Such a strategy would have to be consistent with a
national security strategy and it could also lead to
inter-ministerial plans on such important issues as the prevention of
radical violence and terrorist recruitment. Some of the actions taken
in the internal security sector, both by police forces and in
prisons, will have clear effects on these processes. However, there
should be an integrated, multifaceted plan to interweave them with
other actions taken in relation to the social integration of
immigrants, the regulation of religious groups, socialisation in
schools and foreign policy, among other areas. This is necessary, in
light of the worrying developments observed in some groups of foreign
Muslims in Spain and in other European countries, in order to avoid
even more serious problems among second-generation immigrants. In the
case of Spain, such a plan could be studied by and promoted with the
help of the national Security Policy Council, whose members include
representatives of the Interior Ministry, the autonomous communities
and the Spanish Federation of Municipalities and Provinces. Valuable
contributions could also be made by the National Council on Public
Security (CNSC), which is headed by the Secretary of State for
Security and receives input from the Interior Ministry, the Ministry
of Justice, the Governing Council of the Judiciary (Consejo
General del Poder Judicial),
the Office of the Attorney General, the Ministry of Labour and Social
Affairs, the Economic and Social Council, the Spanish Federation of
Municipalities and Provinces, the General Council of Spanish Lawyers
(CGAE), the Youth Council, the Spanish Confederation of Neighbourhood
Associations, the Confederation of Parents of Schoolchildren, the
Spanish Federation of Press Associations and other representatives
from the non-governmental organisations sector.
The need to deal with two
terrorist threats at the same time (ETA on the one hand and the
terrorism associated with al-Qaeda on the other), will likely be an
obstacle to developing a national strategy and an integrated plan to
prevent violent radicalisation. Another obstacle is the number of
government administrations that have to be included, from the
national to the local level, in a country as decentralised as Spain.
But this in no way reduces the value of the headway made since 11
March 2004 in the adaptation of Spain’s internal security
structures to better prevent and combat global terrorism. In response
to questions put to him in the Senate in May 2007, Alfredo Pérez
Rubalcaba, Interior Minister during the second half of the post-3/11
legislature and the early part of the following period, concluded
with two questions of his own –questions that anyone might
ask–: ‘Are we better prepared to fight international
terrorism?’ ‘Is this a safer country now?’ The
Minister answered that, in his opinion, the answer is yes. And I
believe he is right. The fact that another 11 March attack has not
occurred in Spain is a success in itself, because there are
individuals and groups related one way or another with al-Qaeda that
have tried to make this happen since then. Of course, no society
–including Spain– is invulnerable to current global
terrorism, and the risks and threats that this phenomenon pose for
Spain are not going to go away any time in the near future. For this
reason, in his appearance before the Senate, the Interior Minister
added a third question: ‘Can we lower our guard?’ The
answer is obvious: ‘Absolutely not. We must not lower our
guard’.
Fernando Reinares
Senior Analyst for
International Terrorism and Director of the Elcano Royal Institute’s
Programme on Global Terrorism, and professor of Political Science at
the Universidad Rey Juan Carlos
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