ROYG APPEAL ON AL-MOAYED CASE

S E C R E T SANAA 001441 SIPDIS E.O. 12958: DECL: 06/22/2013 TAGS: PTER PREL PGOV PINR TERFIN SUBJECT: ROYG APPEAL ON AL-MOAYED CASE REF: A. SECSTATE 175378 B. SANAA 1411 Classified By: CDA ALAN G. MISENHEIMER FOR REASONS 1.5 (B)AND (D) 1.(S) On 6/21, Polecon Chief delivered reftel response to President Saleh's request for special consideration in the extradition case of Mohammed al-Moayed to the Foreign Minister's Office Director, Marwan Noman. Noman promised to forward the response immediately to Foreign Minister al-Qirbi, who is traveling with President Saleh's party in Germany. (The Charge also gave the response directly by telephone to Saleh's advisor, Mohammed Sudam, in Germany. Septel.) ¶2. (S) Noman repeated many of the points raised by FM al-Qirbi in his 6/18 conversation with Charge (Ref B). - President Salih faces great pressure to save al-Moayed from extradition to the U.S. - The pressure increased after media reports on the alleged poor state of Al-Moayed's health and the isolation in which he is confined by German authorities. - Many people fear that his treatment would be even worse in the United States. - In these circumstances, President Saleh must do his best for a deserving Yemeni citizen; people will be watching and judging his efforts. - Therefore, Saleh authorized official funds for al-Moayed's defense, is personnally appealing to the U.S. for a political solution, and has scheduled meetings in Germany with top officials to press the case. ¶3. (C) Noman concluded with comments he described as purely personal: The al-Moayed case would bring "trouble no one needs". The U.S. should have brought its charges directly to Yemeni authorities, rather than giving the perception that al-Moayad had been "kidnapped" in Germany. Finally, as a lawyer himself, he thought the case was "very weak" because it relied on a paid informer. PolEcon chief reminded Noman that al-Moayed and his associate, Mohammed Mohsen Yahya, are answering the charges against them in a fair, impartial German court. If extradition is granted, they will have every opportunity to defend themselves in an equally fair American court. ¶4. (C) Comment: The al-Moayed case is a difficult issue for the ROYG because it demonstrates its lack of international influence. Saleh's last minute involvement may have been an effort to show his good intentions to al-Moayed's supporters, but they will portray his failure to deliver al-Moayed as weakness. End Comment. MISENHEIMER