SECURITY COURT CLEARS ANTI-U.S. PLOTTERS OF

C O N F I D E N T I A L AMMAN 010304

SIPDIS

E.O. 12958: DECL: 12/30/2014
TAGS: PTER ASEC JO
SUBJECT: SECURITY COURT CLEARS ANTI-U.S. PLOTTERS OF
CONSPIRACY, SENTENCES THEM ON LESSER CHARGES

REF: A. AMMAN 03303


B. 03 AMMAN 06232

C. 03 AMMAN 05333

Classified By: CDA David Hale for reasons 1.4 (b) and (d)


1. (U) The State Security Court on December 27 acquitted 13
men -- 10 Jordanians in custody and three Saudis tried in
absentia -- on charges of conspiring to commit terror attacks
against the U.S. Embassy in Amman and Jordanian military
bases near the Iraqi border, where the plotters apparently
believed U.S. troops were stationed (ref a). However, 11
were sentenced to prison terms ranging from six to 15 years
for possessing explosives. The Court fully cleared, for lack
of evidence, just two defendants, Saud al-Khalayleh (a
distant cousin of Abu Musab al-Zarqawi) and Isam al-Barqawi.


2. (C) This verdict comes two years after the cell (dubbed
locally the "Mafraq cell" for the northeastern town where
many of the suspects resided) was first disrupted. In
justifying the decision to acquit the men of plotting
subversive acts (which would have earned them the death
penalty),Judge Fawaz Bqour -- reading from the 72-page
verdict -- said that the defendants had opted to strike
American targets in Jordan when they realized that travel to
Afghanistan during the war would be too difficult. The
defendants thought there were U.S. military bases in Azraq,
Jafer and Safawi and decided to target them. However,
according to the judge, "it would have been impossible for
the group to commit these attacks because these (U.S.) bases
do not exist and (the King and PM) denied the presence of
such forces," according to the judge. As for the defendants'
plan to attack the U.S. embassy, the judge said "the court
concludes that it was just a thought that crossed the minds
of some of the defendants as they passed by the embassy
building." (Note: In fact, at the time of the arrests there
were around 10,000 American military personnel in Jordan,
many of them in the locations allegedly targeted by the
conspirators. The King's public denial at the time intended
to avoid agitating the population, which was strongly opposed
to war in Iraq. However, it also has provided the defendants
a loophole through which to beat the conspiracy charges.)
The judge added that the weapons in their possession (40 hand
grenades, detonators and other weapons) were intended to be
used against the U.S. Embassy and against Jordanian
intelligence officers, but the defendants were apprehended
before carrying out any plans.


3. (U) Most of the defendants had their 15-year sentences
reduced "because they had no previous criminal records and to
give them a second chance," according to the judge. Only one
defendant, Muhammad Ahmad al-Shalabi (aka Abu Sayyaf)
received the full 15-year sentence. The GOJ blames Abu
Sayyaf for instigating riots that caused the deaths of six
(including two security officers) in the southern town of
Ma'an in November 2002. He was on the run until his arrest
in September 2003 in Mafraq (ref b).


4. (U) The defendants remain defiant and most will likely
appeal. Only one had admitted to the charges; the rest
maintain their innocence, claiming their confessions were
made under duress. According to reporters present during the
trial, Abu Sayyaf shouted after the sentencing: "I am not a
criminal! The criminal is the one that places young men
behind bars. You are the criminals." One of those
acquitted, Barqawi, told reporters from the dock that the
charges were false and said the defendants were prosecuted
because "we have refused to surrender to the policies of
Washington and Tel Aviv." He added: "Execution is our wish
because it's our path to martyrdom."


5. (C) Comment: The trial of Abu Sayyaf and his cohorts --
first indicted more than one year ago (ref c) -- is
politically sensitive; the GOJ has been criticized for the
way it handled the November 2002 Ma'an riots. Cynics suspect
the security services, eager to ensure that the Abu Sayyaf
gang was taken off the streets for its role in the deaths of
policemen, trumped-up the charges of conspiracy to attack
American targets. Finding the defendants guilty on mere
weapons possession charges produced an ideal result for the
GOJ: significant prison terms for most, but no death
penalties, which might have re-ignited unrest in Ma'an. So
far, there has been no public reaction to the verdict.


6. (U) Baghdad minimize considered.

Please visit Embassy Amman's classified web site at
http://www.state.sgov/p/nea/amman/ or access the site through
the Department of State's SIPRNET home page.
HALE