Instalaza has been claiming 40 million euros, according to Spanish newspaper Cincodias in compensation for damages and lost profits after Spain decided to ban cluster bombs.
The claim was put into the Spanish Executive, but the company refuses to say what the result has been. For their part, according to this newspaper report, the Spanish Defence Ministry denies receiving any such demand.
The newspaper repeats the claims that Instalaza exported to Libya and points out that if this is the case it would have needed the approval of the Directorate General of Armament and Equipment of the Ministry of Defence which was headed in 2007 by the current Chief of Staff of Defense, Air Force General José Julio Rodríguez.
The arms sale would have had to have the approval of the the Interministerial Regulatory Board of Foreign Trade in Defence and Dual-Use.
This Board is chaired by the Secretary of State for Commerce, vice-chaired by the Foreign Minister and has the participation of the general director of Strategic Affairs and Terrorism, the intelligence director of the CNI, the director general of Ordnance, the director of the Customs Revenue Agency, deputy director of the Guardia Civil operation, the Police, the Secretary General of Foreign Trade and the general secretary of the Ministry of Industry. Its decisions are binding on the Ministry of Foreign Trade, which is the body granting export licenses.
If this is the case, it is a scandal and would mean the Spanish National Reports on Arms Exports were written to deceive the Spanish and international public.
The paper claims Instalaza was granted three licenses to export cluster munitions to Libya in 2007 amounting to 3,83 million euros. It seems unlikely that three licenses would be required for this export.
Human Rights Investigations demands:
1) The public release of the full details of the exports of all cluster munitions by Instalaza as these weapons were apparently used in war crimes.
2) A full account by Spain of why their National Reports did not mention the export of cluster munitions to Libya and action to be taken against the officials involved.
3) We repeat our call for every one of the parties to the conflict, including Libya, Qatar, the UAE and the USA to sign up to the Convention on Cluster Munitions.
See our article on the cluster bombing of Misrata for a balanced view as to who used cluster munitions in Misrata.