MEETING WITH MOI AL-ALIMI: HOLD ON AL-BANNA AND

S E C R E T SANAA 002712

SIPDIS

NOFORN

E.O. 12958: DECL: 10/19/2014
TAGS: PREL PTER KJUS YM COUNTER TERRORISM
SUBJECT: MEETING WITH MOI AL-ALIMI: HOLD ON AL-BANNA AND
DULQUM


Classified By: Ambassador Krajeski for Reasons 1.4 b and d.


1. (S/NF) Summary. At 18 October meeting with Minister of
Interior al-Alimi, Ambassador urged continued detention of
Jaber al-Banna and Hadi Dulqum. Alimi said there were no
current plans to release either of the detainees and promised
to inform Ambassador prior to any decision to release them.
Ambassador repeated USG request to render al-Banna to USG
custody for trial in the U.S. End Summary.


2. (S/NF) Jaber al-Banna: Ambassador and Legatt stressed to
Alimi our desire to have al-Banna, a dual U.S.-Yemeni
citizen, rendered to USG for trial in the U.S. Alimi stated
that the Yemeni constitution would not allow for the
rendition of a Yemeni national to a foreign government. He
claimed that the ROYG is facing increasing internal pressure
to either present al-Banna for trial or release him. Alimi
said the USG failed to provide the ROYG with enough
information to prosecute al-Banna and indicated that the ROYG
may not be able to keep him in jail much longer unless the
USG provides solid evidence of his alleged terrorist
activities.


3. (S/NF) Hadi Dulqum: Ambassador expressed the USG's grave
concern regarding recent indications that the ROYG intends to
release Dulqum. Ambassador explained that sensitive
collection and detainee interviews led the USG to judge
Dulqum dangerous and that we want to see him remain behind
bars. Alimi was less committal as to whether the ROYG
intended to release Dulqum, stating that Dulqum should not be
of major concern for the USG, as the ROYG did not consider
him to be a terrorist. Alimi acknowledged that Dulqum may
have supplied USS COLE bombers with explosives, but did not
believe that this constituted evidence of Dulqum's guilt
since he "did not know the explosives were for al-Qaida
operations." He joked that if the ROYG arrested everyone who
illegally sold explosives or weapons in Yemen, then
"thousands of Yemenis would be in jail." Ambassador
disagreed and stressed that the USG had reliable information
regarding Dulqum's al-Qaida affiliations and his involvement
in plots against U.S. and Saudi interests.


4. (S/NF) Legal Issues: Alimi suggested that Legatt provide
a list of charges and indictment files on al-Banna as soon as
possible. Once these documents were presented to the
Attorney General, and if the ROYG deemed the evidence to be
credible, then they would try al-Banna. Legatt replied such
documents had already been provided to the ROYG, but the USG
received no response and no action was taken. Alimi claimed
that the documents did not go to the appropriate authorities
and requested Legatt re-submit evidence to the MOI and the
office of the Attorney General. Legatt agreed to translate
and deliver the documents within one week. As for Hadi
Dulqum, Alimi said that rendition to the U.S. or the KSA was
a non-starter, adding that Dulqum was a Yemeni citizen and
would be tried in Yemen, but only if the USG provides enough
evidence to convict him. Alimi also suggested the issue of
Dulqum be discussed further between ORCA and PSO.


5. (S/NF) Comment: Alimi repeatedly and unequivocally
refused to permit rendition of al-Banna to U.S. custody. In
his view, the only option is trial in Yemen. We can continue
to insist on rendition, but it is our opinion that door is
closed. Legatt will present (again) details of evidence
against al-Banna to the Yemeni Attorney General's office. We
have Alimi's assurance that the ROYG will not release Dulqum
in the near future, however, his continued claim that Dulqum
is an innocent arms dealer with no ties to AQ is troublesome.
We have presented the ROYG with substantial information
linking Dulqum to AQ and will do so again. End Comment.
KRAJESKI