Analysis of official Spanish government documents indicates Spanish company Instalaza may not have exported the MAT-120 cluster weapon to Libya in 2007/08.
In the 2008 report, Libya is listed as a recipient of category 4 munitions (which include bombs) – this is the source of the reports that Libya was provided with the MAT-120 by Spain.
However, the MAT-120 appears not to be a category 4 munition (bomb), but a category 3 one (ammunition for mortar).
Below is an extract from the Spanish National Report on Exports of 2007 showing the way different items are categorised:
DESCRIPTION OF THE 22 ARTICLES FIGURING ON THE LIST OF DEFENCE MATERIAL (ROYAL DECREE 1782/2004 OF 30 JULY)
2 Smooth-bore weapons with a calibre of 20 mm or more:
Firearms (including pieces of artillery), rifles, howitzers, cannons, mortars, anti-tank weapons, projectile launchers, flame throwers, recoilless rifles, signature reduction devices, military smoke, gas and pyrotechnic projectors or generators and weapons sights.
3 Ammunition, devices and components
Ammunition for the weapons subject to control by articles 1, 2 or 12. Fusesetting devices including cases, links, bands, power supplies with high operational output, sensors, submunitions
4 Bombs, torpedoes, rockets, missiles
Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition charges, “pyrotechnic” devices, cartridges and simulators, smoke grenades, incendiary bombs, missile rocket nozzles and re-entry vehicle nosetips.
These categories, used in the Spanish Report, are in line with those of the Common Military List of the European Union:
What does this mean?
This information appears to undermine the contention that the MAT-120, the mortar fired ammunition found in Misrata, was exported to Libya from Spain. In fact, if this reading of the Report is correct, Libya could not have been supplied with the MAT-120.
Of the countries to which category 3 exports were actually made in 2007 and 2008 only the following countries have not signed the Convention against Cluster Munitions:
Andorra, Egypt, India, Indonesia, Israel, Poland, Singapore, Switzerland, Thailand and the USA.
This information links in to the HRI investigation into who really cluster bombed Misrata.