UPDATE ON YEMEN PRISONER RELEASES

S E C R E T SANAA 002946 SIPDIS E.O. 12958: DECL: 11/24/2014 TAGS: PREL PTER PINR KJUS YM COUNTER TERRORISM SUBJECT: UPDATE ON YEMEN PRISONER RELEASES REF: SANAA 2712 AND PREVIOUS Classified By: DCM Nabeel Khoury for reasons 1.4 (b) and (d). ¶1. (S) Summary. Post believes that the 28 plus 2 Ramadan detainees who's release we objected to have been put on an "extended hold" pending transfer from PSO custody to that of the Attorney General (AG). As of November 24, however, we have received no confirmation from the AG that the transfers have taken place. The AG has officially requested the transfer of Jaber al-Banna and he believes it will happen soon. Although the AG is not optimistic that the investigation of al-Banna will result in his prosecution, it does mean al-Banna will remain in custody for weeks or months while an FBI team is allowed to join the investigation. Hadi Dulqum continues to be detained by the ROYG but no agreement has been reached on how to proceed in his case. End Summary. -------------- 28 plus 2 -------------- ¶2. (S) Post has been told by MOI, NSB, and a contact close to President Saleh that a decision has been made to extended the deadline on the release of the 28 security detainees of concern to us, plus Jaber al-Banna and Hadi Dulqum. President Saleh has reportedly instructed that their release continue to be delayed pending further cooperation between the USG and the Yemeni Attorney General's office (OAG). -------------- Jaber al-Banna -------------- ¶3. (S) In a November 7 meeting with DCM and LEGATT, Deputy Attorney General Sharraf and Chief Prosecutor al-Alq declined an FBI invitation to travel to the U.S. to review al-Banna's case files, but invited FBI case agents to Sanaa to work directly with the Office of the Attorney General on Abdullah al-Rimi, a case the FBI has been waiting on for months, and al-Banna, pending confirmation of the transfer of the detainees from PSO to OAG. The AG hinted that perhaps a deal could be arranged to hand over al-Banna if, during interrogation, he indicated that he preferred to go to the United States. AG was quick to point out, however, that a deal of this sort would not be within his department but needed to be worked out with "others." -------------- Hadi Dulqum -------------- ¶4. (S) Despite gaining incremental extensions on the detention of Hadi Dulqum, there is, as of yet, no agreement with the ROYG on a long-term solution to his case. The ROYG still holds that the shared information on Dulqum is not sufficient to try him for any crime, and the PSO continues to insist it has no information to add. KRAJESKI