Identifier
Created
Classification
Origin
05SANAA175
2005-01-31 08:15:00
CONFIDENTIAL
Embassy Sanaa
Cable title:  

ATTORNEY GENERAL TO RULE ON PROSECUTION OF

Tags:  PREL PTER PGOV PINR YM COUNTER TERRORISM 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SANAA 000175 

SIPDIS

E.O. 12958: DECL: 01/31/2015
TAGS: PREL PTER PGOV PINR YM COUNTER TERRORISM
SUBJECT: ATTORNEY GENERAL TO RULE ON PROSECUTION OF
SECURITY DETAINEES

Classified By: DCM Nabeel Khoury for reasons 1.5 b and d.

C O N F I D E N T I A L SANAA 000175

SIPDIS

E.O. 12958: DECL: 01/31/2015
TAGS: PREL PTER PGOV PINR YM COUNTER TERRORISM
SUBJECT: ATTORNEY GENERAL TO RULE ON PROSECUTION OF
SECURITY DETAINEES

Classified By: DCM Nabeel Khoury for reasons 1.5 b and d.


1. (C) In a meeting between Legatt, Assistant Attorney
General (AAG) Sharaf ad-Din Mahbashi and Prosecutor Sa'id
al-Aqel, AAG announced that his office had a list of 25
suspects handed to the Attorney General,s (AG) office by the
Political Security Office (PSO) for possible criminal
prosecution. AAG noted that the cases are currently being
reviewed to determine whether or not there is enough evidence
to charge the suspects. Those who cannot be charged with
criminal offenses under Yemeni law, said AAG, will be
released. The list of 25 are from among the 28 detainees
that Post has strongly urged the ROYG to keep in custody due
to concerns about their connections to al-Qaida. AAG also
commented on the Jaber al-Banna and Abdullah al-Rimi cases.
End Summary.

--------------
AAG given custody of 25 of 28 detainees
--------------


2. (C) On January 26 AAG presented the Legatt with a list of
26 names, 25 of whom are part of the list of "28 plus 2" the
USG expressed grave concerns over their potential release
under last November's Ramadan Amnesty. The AAG asked Legatt
to provide any evidence that may help the AGs office make its
determination on whether or not to pursue criminal charges.
Legatt assured him that he had already shared with the AG's
office all the evidence the FBI possessed.


3. (C) AAG noted that Yemeni law required him to make a
determination on whether to prosecute or release the 25
within 10 days (Friday February 4, 2005). Legatt asked who
the AAG thought would be prosecuted and on what charges? The
AAG responded that the decisions would be made during the
course of the ten-day period, and that he could not make any
further disclosures while the cases were under review. He
then noted, however, that most of the prosecutable cases
would be for passport and/or document fraud, which carries a
maximum term of seven years in Yemeni law. Many of the
suspects, he continued, were picked up for belonging to a
"suspect organization" and that they had intended to travel
to Iraq.


4. (C) The AAG pointed out that one of the persons in custody
was likely one of the recaptured USS COLE trial escapees.
Six of the defendants handed over by the PSO, said the AAG,
were previously tried and incarcerated in Saudi Arabia before
being released into Yemeni custody.

-------------- ---
Al-Banna and al-Rimi cases still being developed
-------------- ---


5. (C) On the Jaber al-Banna case, The AAG confided that his
office still does not have custody of the suspect although he
expects that to change "soon," adding that the AG himself
was, "following the case closely." As for the Abdullah
al-Rimi case, the AAG noted that his office was under PSO
orders not to give the USG access to the suspect. (Note: it
was not clear whether the PSO prevented AG access to al-Rimi
as well, although this appears to be the case. End Note).
Legatt reminded the AAG that President Saleh himself, on two
occasions, had promised USG access to both individuals in
meetings with senior U.S. officials. AAG requested a letter
from Legatt to the AG noting Saleh's promise and
re-requesting permission. AAG also asked for a copy of the
questions that Legatt wanted to ask al-Rimi Legatt provided
the requested materials. Finally, AAG urged Post or a
high-level USG representative to again speak with the
President and request that he, personally, order the PSO to
allow Legatt access to the suspects.
Krajeski