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.

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DAKI EXPELLED
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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.

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PISANU INVOKES NEW ANTI-TERROR LAW
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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.)

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MAGISTRATES TO CONTINUE CASE AGAINST DAKI
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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."

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DAKI'S EXPULSION IS THE 13TH IN 2005
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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