YEMEN TERROR TRIALS UPDATE: COLE DEATH SENTENCE

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 000419

SIPDIS

E.O. 12958: DECL: 02/27/2015
TAGS: PTER PREL YM AESC COUNTER TERRORISM
SUBJECT: YEMEN TERROR TRIALS UPDATE: COLE DEATH SENTENCE
COMMUTED, 11 OF THE "28+2" ON TRIAL, AAG READY WITH BANNA

REF: A. SANAA 2535

B. SANAA 0175

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


1. (C) Summary. On 2/26 the Sanaa Appellate Court commuted
the death sentence of U.S.S. Cole defendant Jamal Badawi to
15 years in prison and upheld the death sentence for Abd
al-Rahim Nashiri (ref a). On 2/27 Assistant Attorney General
(AAG) Sharaf al-Mahbashi along with Lead Prosecutor Saeed
al-Aql met with Legatt and FPD to discuss the decision, the
current case of eleven defendants who are part of the "28
plus 2," the status of Yemeni detainees Jaber al-Banna and
Abdullah al-Rimi, and a thwarted plot to blow up selected
Western targets in Sanaa. End Summary.

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One Death Sentence Commuted in Cole Appeal
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2. (U) On 2/26 the Sanaa Appellate Court reduced sentences in
two of the U.S.S. Cole trial verdicts and upheld four
decisions:

-- Jamal Badawi: death sentence commuted to 15 years in
prison.

-- Abd al-Rahim Nashiri (tried in absentia): death sentence
upheld.

-- Fahd al-Quso: sentence of 10 years upheld. (Quso was
involved in planning, but did not directly participate in the
attack.)

-- Ali Muhammed al-Murrakkab and Murad al-Surouri: five year
sentences upheld, out of a maximum seven.

-- Mamoun Al-Mussawah: sentence reduced to five years.
Mussawa originally received eight years (out of a maximum ten
years) for planning the attack.


3. (SBU/NF) In a 2/27 meeting with Legatt and FPD, AAG Sharaf
Addin Al-Mahbashi expressed "shock" at the appellate
decisions, particularly with the Badawi verdict. Promising
that his office would appeal the case after it determined the
basis of the court's decision, Mahbashi said that Nashri, who
was sentenced to death in abstentia, would likely be afforded
a new trial once he was in Yemeni custody.

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Eleven Security Detainees on Trail, 15 Released
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4. (C) Turning to the "28 plus 2" security detainees the USG
expressed grave concerns over their potential release under
last November's Ramadan Amnesty (ref b),AAG told emboffs
that eleven defendants are currently on trial in the Yemeni
Special Penal Court. The eleven, all of whom confessed to
Prosecutor Saeed al-Aql, are on trial for, "Forgery with
Intent to Aid Terrorism," and "Possession of Weapons with
Intent to Aid Terrorism." Mahbashi repeatedly assured Legatt
that another fifteen defendants who were originally on the
list of "28 2," were released to the custody of a third
party (i.e. relatives) with notices sent to governorate or
local authorities should they be required to stand trial at a
later date.

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One Trial Unexpected
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5. (C) In a surprise announcement, AAG informed Legatt that
his office is considering trying 13 defendants for planning
to attack the Italian and British embassies as well as the
French Cultural Center. Adding that twelve of the thirteen
have confessed, Mahbashi said that the ringleader is a
20-year-old Iraqi citizen. He noted that there were Yemeni,
Kuwaiti and Saudi nationals among those in custody. AAG
refused Legatt's request for names until a trial was
underway.

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Al-Rimi in AG's Custody; Al-Banna is Not
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6. (C) Concerning Abdullah al-Rimi, AAG stated that his
office now had full access to the suspect and that Legatt was
welcome to send an FBI team to help in the investigation.
AAG warned Legatt not to inform Political Security (PSO) of
the offer. On Jaber al-Banna, the AAG confided that his
office still does not have custody of the suspect despite an
official letter and several requests to the Minister of
Interior (MOI). He repeated that he would inform Legatt of
any new developments.


7. (C) Comment: While the appellate court ruling is a setback
for U.S. and Yemen CT interests, the efforts executed by the
AAG in prosecuting this case and the partnership established
between the Mission and his office are encouraging signs for
continued cooperation. Embassy will discuss the matter with
relevant ministries to support the AAG in his efforts to take
the appeal to the Supreme Court. End comment.
Krajeski