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