TERRORISM FINANCE: MORE GERMAN INFORMATION ON

C O N F I D E N T I A L BERLIN 002075

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/24/2016
TAGS: PTER ETTC KTFN EFIN PGOV UN GM
SUBJECT: TERRORISM FINANCE: MORE GERMAN INFORMATION ON
ISMAIL ABU SHAWEESH

REF: A. DUSSELDORF 15


B. 7/13 LURIE-SANDAGE/HINNEN/NELSON/WILCOX EMAIL

Classified By: Acting Minister-Counselor for Economic Affairs Robert S.
Hagen for Reasons 1.4 (b),(d) and (e)


1. (C) On July 12, Germany prenotified the proposed addition
of Ismail Abu Shaweesh to the UNSCR 1267 Committee's
Consolidated List of Individuals and Entities Associated with
Al Qaida, the Taliban, and Usama Bin Laden. Ismail Abu
Shaweesh is in German custody and on trial for several
alleged crimes (per ref A). The German government made the
prenotification in Washington to S/CT and in Berlin to Global
Affairs Officer. Since that time, Washington agencies
indicated (e.g., ref B) additional information might be
needed before the USG could support the German proposal.


2. (C) Pursuant to informal Washington requests, Justice
Ministry Office Counterterrorism Office Director Mathias
Hellman and MFA Counterterrorism Desk Officer Holger Kraemer
provided Global Affairs Officer with additional information
July 18 - 21.


3. (C) Kraemer and Hellman clarified the timeline and the
legal background:

- January 23, 2005: Germany arrested Ibrahim Mohammed Khalil
and Yasser Abu Shaweesh (Ismail's brother). In a press
release, the Federal Prosecutor General accused the two of
membership in and support of Al-Qaida.

- May 19, 2005: The Federal Prosecutor sought and obtained a
Federal Court of Justice arrest warrant for Ismail Abu
Shaweesh. The Court agreed to the arrest warrant on
financial fraud charges, but not for supporting a terrorist
organization. The Court did add that despite this early
decision, however, the Federal Prosecutor had the right to
continue the terrorism investigation. The German Government
presented this arrest warrant (along with other documents) to
the USG to support the proposed designation.

- May 21, 2005: German officials arrested Ismail Abu
Shaweesh. In a press release, the Federal Prosecutor General
connected Ismail's activities and arrest to the earlier
arrest of Khalil and Ismail's brother Yasser. The Federal
Prosecutor accused Ismail of involvement in a fraud to obtain
930,000 Euros from life insurance providers. The Prosecutor
stated that the extent of Ismail's knowledge that some
portion of the proceeds would or could be for the benefit of
al-Qaida was the subject of further investigation.

- Hellman clarified that, as is German legal custom, the
Federal Prosecutor General initiated the charges during this
pre-trial period because of the terrorism charge: the Federal
Prosecutor General has the lead whenever individuals are
charged with terrorism. For the purposes of obtaining an
arrest warrant, the Federal Prosecutor General goes to the
Federal Court of Justice. For the trial itself, the case is
sent to the appropriate court in one of Germany's 16 federal
states, in this case Dusseldorf.

- Kraemer clarified that the German Government elected not to
propose Ismail's name when it proposed Khalil and Ismail's
brother Yasser in 2005 for inclusion in the UNSCR 1267 list
due to the doubts expressed in the Federal Judge's May 19,
2005 decision. That said, during this pre-trial period, the
Federal Prosecutor General continued his investigation into
Ismail's connection to al-Qaida.

- Under the German legal system, the defendant can appeal for
release from pre-trial detention at any time and the Court
reviews pre-trial detention automatically after six months.
The prosecutor has to present information to the Court to
justify the continued detention. Thus all three defendants
were subject to reviews during their time in detention. At
any point, the Court can issue an order affecting the
continued detention of the defendant.

- On March 14, 2006, the Dusseldorf court issued an order
which Kraemer and Hellman consider a victory for the Federal
Prosecutor and which they say sheds light on the Federal
Prosecutor's investigation. The German Government has
provided the decision to the USG to support the proposed
UNSCR 1267 listing of Ismail. Hellman and Kraemer state the
March 14, 2006 order makes irrelevant that part of the May
19, 2005 Federal Court of Justice decision that cast doubt on
the connections between Ismail and al-Qaida. On March 14,
2006 the Dusseldorf court actually trying Ismail (rather than
the Federal Court hearing a request for his initial arrest

ten months earlier),after considering further information
from the Federal Prosecutor, instructed the defendant Ismail
Abu Shaweesh that he might face punishment for the crime
under German law of "membership in a terrorist organization."
Hellman confided the Federal Prosecutor had merely hoped the
judge would support a charge of "supporting a terrorist
organization." The Federal Prosecutor was surprised and
pleased that the Dusseldorf court had instead warned Ismail
about the "membership" charge, a more serious charge which
carries with it the threat of more jail time. Hellman
clarified the Court in the end may decide that the
"membership" charge cannot be justified, but in that case the
"support" charge still remains on the table.

- Kraemer reports the Dusseldorf court's order promoted the
German Government to seek Ismail's UNSCR 1267 listing.
Kraemer and Hellman both said Ismail's charge of supporting a
terrorist group (i.e., al-Qaida) under German law indicates a
closer involvement with al-Qaida than does the "association
with al-Qaida" standard of the UNSCR 1267 Committee. Kraemer
and Hellman said the German Government's position in seeking
Ismail's 1267 listing did not depend on the "membership in a
terrorist organization" charge; Germany would pursue UNSCR
1267 listing on the basis of the "supporting a terrorist
organization" charge. The German Government believes in the
connection of Ismail Abu Shaweesh to al-Qaida on the basis of
the additional connections the Federal Prosecutor found to
tie Ismail to al-Qaida, connections which convinced the
Dusseldorf Court.

- As outlined in ref B, on May 9, 2006 the trial against
Ibrahim Mohammed Khalil, Yasser Abu Shaweesh, and Ismail Abu
Shaweesh began. According to press reports, the Federal
Prosecutor charged Khalil and Yasser with membership in a
terrorist organization (al-Qaida),while charging Ismail with
support of a terrorist organization (al-Qaida) --
notwithstanding the Court's earlier (but not public) warning
to Ismail that it might support the more serious "membership"
charge.


4. (C) Kraemer stated the MFA would support a U.S. request
for additional information to the German Ministry of Justice.
The MoJ's Hellman responded, however, that the Ismail Abu
Shaweesh trial is ongoing and it is not possible for the USG,
or anyone other than Federal Prosecutor, to access the
Federal Prosecutor's file. Hellman reminded that leaking
such information from an ongoing trial is a punishable
offense. Kraemer indicated Germany would instruct its
Mission in New York to proceed with the proposed listing the
week of July 24.
TIMKEN JR