FM QIRBI DELIVERS DIRECT MESSAGE ON ANTICIPATED

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 001752

SIPDIS

DEPARTMENT FOR S/CT BLACK AND NEA DIBBLE, S/CT, DOJ FOR
DAAG BRUCE SWARTZ, NSC FOR TOWNSEND

E.O. 12958: DECL: 07/19/2013
TAGS: ASEC KJUS PGOV PTER MARR PARM PREL GM YM COUNTER TERRORISM TERFIN
SUBJECT: FM QIRBI DELIVERS DIRECT MESSAGE ON ANTICIPATED
AL-MOAYAD EXTRADITION DECISION

REF: SANAA 1586

Classified By: Ambassador Edmund J. Hull for reasons 1.5 (b, d)


1. (c) Summary: Foreign Minister Qirbi requested a meeting
with the Ambassador July 19 to renew the ROYG,s request that
the U.S. withdraw its extradition request from Germany and
allow Yemen to host the trial of al-Moayad and his colleague.
Qirbi also delivered points indicating that such a
withdrawal would have a positive impact on ROYG,s
counter-terrorism efforts (full text translation in paragraph
9 below). Pol/Econ Chief and Deputy Chief accompanied the
Ambassador. End Summary.


2. (c) Qirbi called in the Ambassador in anticipation of the
announcement of the German court,s ruling on the al-Moayad
extradition expected July 21. Qirbi is aware that the ruling
has already been made, but not of its content. He said the
German Ambassador, who met with Qirbi immediately before the
Ambassador, was also not informed of the court,s decision.


3. (c) According to Qirbi, the ROYG will suggest that
Al-Moayad appeal to the constitutional court in Germany if
judged extraditable. He said that this will give the U.S.
&time to reconsider its extradition request.8 He then read
part of the July 19 diplomatic note (para. 9) in Arabic to
make absolutely clear their concerns about the potential
harmful effects of the German court,s decision and to
reiterate that ROYG is willing to prosecute al-Moayad in
Yemen, if the evidence is supplied. He noted that similar
points had just been delivered to the German Ambassador.


4. (c) Qirbi responded positively to the Ambassador,s
question of whether al-Moayad would take the ROYG,s advice
to appeal. He said that the facts of the German court,s
ruling and the suggestion to appeal the decision would form
the substance of any official statements concerning the
matter.


5. (c) The Ambassador also asked if the ROYG has suggested to
al-Moayad that he cooperate with the investigating
authorities. Qirbi was somewhat evasive, indicating that the
suggestion had been made, but he was not certain the
information had actually been passed to al-Moayad.


6. (c) The Ambassador said that the information provided
would be passed to Washington at the appropriate levels, and
that the U.S. would give serious consideration to Yemen,s
views. He strongly expressed that it would be helpful for
the ROYG to make a public statement along the lines suggested
by Qirbi that also discouraged violence or extremist
reactions that might target U.S. or German citizens, as
previously discussed (reftel). Qirbi said that the Ministry
of Interior (MOI) is working on the issue. The Ambassador
told Qirbi that the Embassy plans to give U.S. citizens
notice of the preliminary decision and the anticipated appeal
and, that while there are no particular threats, caution is
advised.


7. (u) Yemeni television and press (al-Thawra) reported July
20 on the July 19 MFA meeting with the U.S. and German
ambassadors and noted that the ROYG asked the U.S. to
withdraw its extradition request; no mention was made of any
U.S. response to the request or of Yemen,s recommendation
that al-Moayad appeal.


8. (c) Comment: FM Qirbi is positioning the government to
state that it has contacted the U.S. and Germany in a
concerted effort to protect al-Moayad,s rights. It is
probable that the undefined steps by the MOI involve
discussions with tribal leaders that support al Moayad to
impress upon them that the government is addressing the
issue. Post will prepare a warden message in anticipation of
the July 21 announcement of the German court,s ruling that
cautions Amcits to be careful. Pending final actions by the
German judicial system and extradition to the U.S., Post
anticipates that most demonstrations or petitions are more
likely to be directed at the Germans. End comment.

9. (u) Translation of July 19 diplomatic note from the
Ministry of Foreign Affairs.

(begin text)

The Ministry of Foreign Affairs of the Republic of Yemen
extends its best regards to the Embassy of the friendly
United States in Sanaa.

In reference to the communications between the Republic of
Yemen and friendly United States of America regarding the
issue of Yemeni citizens Mohamed Hassan al-Muayed and his
entourage, whom the U.S demands the German Federal Republic
extradite to be tried in the U.S on alleged charges of being
associated with terrorism, and with regard to the ROYG's
request from the government of the United States to withdraw
its (U.S) demand to the German Federal Republic,

And in reference to the communications conducted with the CIA
and FBI, the Ministry of Foreign Affairs herein renews ROYG's
request from the U.S of withdrawing that demand and confirms
ROYG's readiness to present Sheikh al-Muayed and his
entourage to a fair trial after their return to the Republic
of Yemen and after receiving files of the alleged accusations
against them.

The United States is aware through its experience of
cooperation between the two countries (ROYG and U.S.) that
Republic of Yemen will not disregard tracking down and
punishing terrorists and all those connected to terrorism.

Based on the existing close cooperation between the
governments of Yemen and America, the government of the
Republic of Yemen emphasizes the importance of the U.S
withdrawing of its request of extraditing Sheikh al-Muayed
and his entourage to the U.S and to be handed over instead to
the government of Republic of Yemen in promoting the
relationship.

The U.S. withdrawal of its demand will have a positive impact
on the efforts of ROYG in confronting extremism, violence and
terrorism which will double efforts and cooperation of the
two countries in combating terrorism, will also promote the
emphasis in the significance of cooperation in this field,
and will enable Yemen to avert any negative consequence of
this case.

The Ministry of Foreign Affairs of the Republic of Yemen
avails itself of the opportunity to express its greatest
respect and highest consideration to the Embassy of the
friendly United States of America.

(end text)
HULL