FOLEY ASSASSINATION DEFENDANTS, ABU SAYYAF CLAIM

UNCLAS SECTION 01 OF 02 AMMAN 006683

SIPDIS

E.O. 12958: N/A
TAGS: PTER PREL PHUM ASEC JO
SUBJECT: FOLEY ASSASSINATION DEFENDANTS, ABU SAYYAF CLAIM
TORTURE DURING SEPARATE TRIALS; HIJAZI RE-APPEARS IN COURT

REF: A. AMMAN 05907

B. AMMAN 05333

C. AMMAN 06232

D. AMMAN 06347

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SUMMARY
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1. (U) Jordan's state security court heard three separate
cases involving suspects involved in anti-U.S. activity on
October 13-15. On October 15, five men accused in the
assassination of USAID official Laurence Foley appeared in
court to proclaim their innocence, claiming that Jordanian
security officials had tortured them to elicit their
confessions. The Foley trial adjourned until October 19. On
October 14, local Islamic extremist Mohammad al-Shalabi (aka
Abu Sayyaf),appeared in court for the first time, claiming
he had been tortured and denied a lawyer during his
interrogation for his role in a plot against U.S. and other
targets in Jordan as well as riots that occurred in his
hometown of Ma'an in November 2002. His trial also will
resume on October 19 to allow the court time to appoint a
lawyer. Meanwhile, on October 13, the court postponed
indefinitely the case of Jordanian-American Ra'ed Hijazi, who
is being retried for his role in the December 1999 plot to
conduct attacks during the millennial celebrations in Jordan.
End Summary.

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ACCUSED FOLEY ASSASSINS PROCLAIM INNOCENCE, CLAIM TORTURE
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2. (U) Five defendants accused in the assassination of
USAID official Laurence Foley in October 2002 appeared before
the state security court on October 15, proclaiming their
innocence and charging that Jordanian security officers had
elicited their confession to the crime using torture. Libyan
national Salem Bin Suwayyid, the alleged mastermind and
triggerman in the attack, stated in court that charges were
brought against him to "please the Americans."


3. (U) Bin Suwayyid told reporters: "I'm not guilty. I was
ready to sign any confession to rid myself of the worst kind
of torture and duress." He said his interrogators made him
sign a confession that "I was neither allowed to read or
check" and that he re-enacted the crime according to a
"scenario" prepared by the military prosecutor. Yasser
Freihat, who allegedly drove the getaway car, told the court
that interrogators told him if he did not sign the
confession, he "would go back to the cell for more torture
and beating."


4. (U) Judge Fawaz Bqour agreed to a request from the
defendants' attorneys to allow them more time to prepare
their defense. The trial will resume on October 19.

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ABU SAYYAF APPEARS IN COURT FOR THE FIRST TIME
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5. (U) Local Islamic extremist Mohammad al-Shalabi (aka Abu
Sayyaf),standing trial for his involvement in a plot to
attack U.S. and other targets in Jordan, claimed during his
first court appearance on October 14 that his interrogators
tortured him and denied him access to an attorney. Abu
Sayyaf also is accused of instigating riots in his southern
Jordanian hometown of Ma'an in November 2002. The court
decided to adjourn the session until October 19 in order to
appoint a lawyer for Abu Sayyaf.

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HIJAZI'S TRIAL POSTPONED INDEFINITELY
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6. (U) The state security court on October 13 postponed the
case of Ra'ed Hijazi, a Jordanian-American whom the court is
retrying for plotting terrorist acts in December 1999 during
the millennial celebrations in Jordan. In January 2003, the
court confirmed a September 2000 ruling that found Hijazi and
six other men guilty and sentenced them to death. However,
in June 2003, the Court of Cassation overturned the verdict
because it said the "State Security Court violated court
procedures."


7. (U) According to Hijazi's lawyer, the violations were
related to insufficient evidence on the conviction of
possessing and manufacturing explosive material. Judge Bqour
announced that he had decided to postpone the case
indefinitely to consider the higher court's concerns and
issue a final verdict in the matter.

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GNEHM