ROYG TO APPEAL LIGHT SENTENCES IN GROUP TERRORISM

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 002328

SIPDIS

STATE FOR OPS AND NEA/ARP

E.O. 12958: DECL: 08/30/2014
TAGS: PTER PREL ASEC KVPR YM COUNTER TERRORISM
SUBJECT: ROYG TO APPEAL LIGHT SENTENCES IN GROUP TERRORISM
TRIAL

REF: SANAA 2021

Classified By: DCM N. Khoury for reasons 1.4 (b) and (d).


1. (C) Summary and comment: Deputy Attorney General Sharaf
al-Mahbashi and Chief Prosecutor Saeed al-Aqel told DCM on
8/29 that the prosecution has already filed for an appeal
over the 8/28 Trial One (reftel) sentences for the now
convicted al-Qa'ida associates. The prosecutors will seek
harsher penalties for all the defendants, including death
sentences for the perpetrators of the M.V. Limburg bombing.
Aqel expects the USS COLE trial to conclude after two or
three more sessions, (i.e. two to three more weeks).
Expressing surprise at the light sentences for some of the
defendants, the DCM complimented the Attorney General's
office for their excellent work and their cooperation with
Embassy FBI staff. DCM stressed that the USG shared ROYG
interest in a transparent trial in which convicted felons
receive punishments to the full extent of Yemeni law. End
summary and comment.


2. (U) On 8/28 Judge Ahmed al-Jarmouzi issued sentences in
the group terrorism trial, but did not issue a written
verdict. Al-Jazeera reported the following, which Post
assesses to be the most accurate accounting of the sentences:


Ten Years in prison for the 2002 attack on the French tanker
M.V. Limburg:
-- Omer Sa'id Jarallah
-- Fawzi al-Hababi
-- Mohammed al-Ammari
-- Fawzi al-Wajih
-- Yasser Ali al-Madani

Ten Years in prison for plotting to attack the Civil Aviation
and Meteorology Authority (i.e. Hunt Helicopter attack):
-- Fawaz al Rabi'ea
-- Abu Bakr al-Rabi'ea

Five years in prison for plotting to attack foreign embassies
in Sanaa and for planning to kill the U.S. Ambassador to
Yemen:
-- Ibrahim al-Howeid
-- Aref Saleh Mujalli
-- Mohammed Ali al-Daylami
-- Qassem al-Rayni
-- Abdul-Ghani Dhayfan

Three years in prison for forging documents:
-- Salim al-Dulaymi
-- Kahled al-Juloab

One sentenced to death for killing a Ministry of Interior
policeman while fleeing the attack on the Hunt helicopter:
-- Hizam Mujallad

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ROYG to Appeal Light Sentences
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3. (C) On 8/29 DCM and Pol/Econ officer called on Assistant
Attorney General Sharaf al-Mahbashi and Lead Prosecutor Saeed
al-Aqel to gauge ROYG reaction to the 8/28 sentencing
announcement. Cautioning the DCM not to believe press
reports until the court issues the final written verdict,
Aqel said that his office was surprised at the light
sentences and has already filed an appeal seeking more
stringent punishments. For those convicted in the M.V.
Limburg bombing, Aqel is aiming for the death penalty and
will request 10-year prison terms for those accused of
plotting against Western embassies and trying to kill the
U.S. Ambassador, the maximum punishment under Yemeni law.


4. (C) Aqel expects the appeal process to be short, but said
that he will work to enhance his case for the appeal
hearings. Commenting that the sentences were not logical,
Aqel said that Mujallid received the death penalty and his
partner, Fawaz al-Rabi'ea, received ten years for the same
crime. Aqel added that the ROYG believes all fifteen
defendants' crimes are linked and criticized the judge's
decision to issue separate sentences for connected terrorist
activities. Mahbashi affirmed that the whole process has
been free of political pressure and that his office will make
every effort to see that the defendants are punished to the
utmost extent of Yemeni law.

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USS COLE Trial Continues
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5. (C) Turning to the ongoing USS COLE trial, Aqel said he
expects two to three more hearings before the defense will
rest its case. DCM raised allegations made by defense
attorneys on 8/25 that a former Minister issued USS COLE
defendant al-Harazi a pass allowing free movement through
checkpoints. Questioning the pass' veracity, Aqel said that
the defense only submitted a poor copy of the document and
speculated that the document may be forged. Mahbashi
interjected that the defense has constantly tried to confuse
the issue through surprises and political diatribes.
Explaining that Yemeni law does not recognize copies of
documents, Aqel said the defense has failed to produce an
original document so the issue has been ruled inadmissible.
Aqel said he believes the defense, whatever the verdict, will
also appeal the decision.
KRAJESKI