MOI EXPELS MOHAMMED DAKI: ITALY'S 13 IN 2005

C O N F I D E N T I A L SECTION 01 OF 02 ROME 004060 SIPDIS E.O. 12958: DECL: 12/13/2015 TAGS: PTER PGOV ASEC IT ANTITERRORISM FORCE PROTECTION SUBJECT: MOI EXPELS MOHAMMED DAKI: ITALY'S 13 IN 2005 REF: A. MILAN 544 ¶B. ROME 2594 Classified By: Political Minister Counselor David C. Pearce for reasons 1.4 (b) and (d). ¶1. (C) SUMMARY: Minister of Interior Giuseppe Pisanu expelled Moroccan national and suspect terrorist Daki Mohamed on December 10, returning him to Morocco. Tunisian national and terrorist suspect Gharsellaoui Mohamed Akremi was also expelled December 10. In a December 11 press release, Pisanu said the expulsions were carried out for reasons of national security and public order, in accordance with Italy's anti-terrorism law of July 2005. Milan magistrate Armando Spataro told Econoff that Milan-based prosecutors would likely continue their case against Daki, despite his expulsion. Italy has expelled 13 foreigners for the sake of public order in 2005. END SUMMARY. -------------- DAKI EXPELLED -------------- ¶2. (U) Minister of Interior Giuseppe Pisanu expelled Moroccan national and suspect terrorist Daki Mohamed on December 10, returning him to Morocco (REF A). Daki arrived in Casablanca that same afternoon and was reportedly immediately taken into custody by the local police. On December 10, the Italian Government also expelled Tunisian national and terrorist suspect Gharsellaoui Mohamed Akremi. -------------- PISANU INVOKES NEW ANTI-TERROR LAW -------------- ¶3. (SBU) In a December 11 press release, Pisanu said the expulsions were carried out for reasons of national security and public order, in accordance with Italy's anti-terrorism law of July 2005 (REF B). According to the statement, although the judiciary had determined that evidence against these two individuals was not sufficient to condemn them, the Interior Ministry had collected and assessed "serious circumstantial evidence and probative elements" on both Daki and Gharsellaoui that permitted the Government to "establish their danger." (NOTE: Despite evidence connecting him to Mohammed Atta, Ramzi bin al Shibh, Al Zarqawi, and the Ansar Al Islam terrorists, on November 28, Daki was acquitted by an Appeals Court in Milan of all criminal charges, including terrorism. Charges against Gharsellaoui, a resident of Gallarate, near Varese, include producing false identity documents for illegal immigrants, recruiting combatants for the Jihad, and managing an Islamic extremist website that was used to claim a number of attacks in Iraq and Turkey and served as a vehicle to launch threats against several European countries, including Italy. END NOTE.) -------------- MAGISTRATES TO CONTINUE CASE AGAINST DAKI -------------- ¶4. (C) Milan magistrate Armando Spataro told Milan Econoff that investigative magistrates still planned to pursue the criminal case against Daki despite his expulsion and planned to appeal the Appellate Court's decision to the Cassation Court, Italy's Supreme Court. (Note: Technically the appeal cannot be made until the judge makes public the motivation for his decision. End Note.) He continued that the Cassation Court would have to decide how to deal with the fact that the main suspect is no longer in the country. Commenting on the appropriateness of the expulsion, Spataro said that although he is generally not supportive of expelling terrorist suspects and prefers to apply all steps of the judicial process, the Daki case is one where "you will not see me quoted as opposing Pisanu in the paper. If there were ever a case where it was justified, this is it." -------------- DAKI'S EXPULSION IS THE 13TH IN 2005 -------------- ¶5. (SBU) An MoI official told Poloff on December 12 that the government had expelled thirteen foreigners for national security reasons in 2005. He said 26 had been deported since September 11, 2001, indicating that the MoI is increasingly relying on expulsions as an anti-terrorism tool. Italian press reports that 24 foreigners have been deported in 2005. The difference can be explained by the type of expulsion, as the MoI has deported numerous foreigners that posed a potential risk based on immigration charges, many of whom were picked up in general sweeps through immigrant neighborhoods, internet points, butcher shops, etc. Press reports do not necessarily distinguish according to the type of expulsion. ¶6. (SBU) Italy's anti-terrorism law of July 2005, "the Pisanu Decree," states that any non-EU legal or illegal individual can be expelled from Italy for reasons of national security even if he is not currently resident in Italy. The law specifically states that it applies to those individuals recognized to belong to terrorist organizations, as well as to those for whom there are "reasonable suspicion for believing that their presence serves as an accessory to terrorist organizations." ¶7. (SBU) According to the law, a foreigner can be expelled even if he is under judicial investigation, but not under detention. Expulsions may be appealed to the regional administrative court within sixty days of notification. The appellate process, however, does not suspend expulsions and the appeal can proceed without the foreigner's physical presence in Italy. If the administrative court eventually agrees with the suspect's appeal, he will be allowed to return. If the Government continues to think the foreigner is dangerous, it may expel him again. ¶8. (SBU) On expulsions, the Pisanu Decree is largely based on article thirteen of a law passed in July 1998 under a government led by Center-Left leader Romano Prodi. That law was co-drafted by Democrat of the Left (DS) Interior Minister Giorgio Napolitano and DS Social Solidarity Minister Livia Turco. It was designed to regulate the presence of immigrants in Italy, including decreeing their expulsion "for reasons of public order or national security." Minister Pisanu's innovation to article 13 of the 1998 law was to include terrorists and suspect terrorists in the category of persons it can expel for reasons of security. ¶9. (U) This cable has been coordinated with ConGen Milan. SPOGLI