TERROR TRIAL UPDATE: SIX AQ DEFENDANTS SENTENCED

C O N F I D E N T I A L SANAA 002206

SIPDIS

E.O. 12958: DECL: 08/09/2015
TAGS: PTER PREL YM AESC COUNTER TERRORISM
SUBJECT: TERROR TRIAL UPDATE: SIX AQ DEFENDANTS SENTENCED

REF: SANAA 419

Classified By: DCM Nabeel Khoury for Reasons 1.4 (b) and (d).


1. (SBU) Summary. On August 8, the Sanaa Special Penal Court
concluded the trial of eight suspected Al-Qaeda members for
planning an attack on the Italian and British embassies as
well as the Sanaa French Cultural Center (reftel). Five of
the eight defendants were found guilty of "conspiracy to
organize an armed gang to carry out a criminal plot to
threaten peace." One of the eight was found guilty of
"forgery of a passport." Two of the eight were found not
guilty. End Summary.


2. (SBU) On August 8, the Sanaa Special Penal Court announced
verdicts and sentences for eight AQ defendants accused of
planning to attack the Italian and British embassies and the
French Cultural Center. The ringleader of the group, a
20-year-old Iraqi citizen named Anwar al-Jalani, received a
four-year sentence for "conspiracy to organize an armed gang
to carry out a criminal plot to threaten peace." Four other
defendants were found guilty of the same crime:

-- Khaled al-Bitatti and Abed al-Basrah, Yemeni nationals,
each sentenced to three years and four months,

-- Mohammed Khaithi and Ahmed Khaithi, Syrian nationals, each
sentenced to three years and two months.

One defendant, Omran al-Faqih, a Yemeni national, received a
two-year sentence for "forgery of a passport." Majid Mizan
and Salah Nu'eman, Yemeni nationals, were found not guilty.


3. (C) In February, the Attorney General's (AG) office
revealed that it was considering trying thirteen defendants
in this case but refused to provide Legatt with their names
(reftel). In May, the office decided that it lacked
sufficient evidence against five of the potential defendants,
including one female.


4. (C) Lead Prosecutor on terror related crime, Sa'id
al-Aqel, told poloff on August 10 that the AG's Office would
appeal the sentences and verdicts of every defendant except
Faqih. He hopes for eight to ten year sentences for all of
the defendants and guilty verdicts for Mizan and Nu'eman. He
also revealed that Jalani might have "other cases" pending in
the near future, although he would not elaborate.


5. (C) Comment: Despite the absence of legal precedent or a
specific terrorism law, this case demonstrates how far the
Yemeni court system has come in more fully developing
conspiracy theories in terrorist cases. The defendants'
lighter sentences demonstrate that Yemeni courts still lack
the ability to appropriately punish terrorist conspirators
where a crime does not result in death or injury. Post will
monitor the progress of the appeals process and report as
appropriate. End Comment.

Krajeski