Identifier
Created
Classification
Origin
06BERLIN3587
2006-12-29 12:28:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Berlin
Cable title:
GERMAN FEDERAL PROSECUTOR DECLINES INVESTIGATING
how-toVZCZCXYZ0000 OO RUEHWEB DE RUEHRL #3587 3631228 ZNR UUUUU ZZH O 291228Z DEC 06 FM AMEMBASSY BERLIN TO RUEHC/SECSTATE WASHDC IMMEDIATE 6525 INFO RHMFISS/CDRUSAREUR HEIDELBERG GE PRIORITY RHMFIUU/COMSOCEUR VAIHINGEN GE PRIORITY RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY RHMFISS/FOB EUCOM DET MUNICH HOUSE MUNICH GE PRIORITY RHMFIUU/HQ USAFE RAMSTEIN AB GE PRIORITY RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY RUEKJCS/HQ USEUCOM LO WASHINGTON DC PRIORITY RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY RHEHNSC/NSC WASHDC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY RUKAAKA/USAREUR ACE DARMSTADT GE PRIORITY
UNCLAS BERLIN 003587
SIPDIS
SENSITIVE
STATE FOR EUR/AGS
SIPDIS
E.O. 12958: N/A
TAGS: KLIG KJUS PREL GM
SUBJECT: GERMAN FEDERAL PROSECUTOR DECLINES INVESTIGATING
EUCOM FOR ALLEGED RENDITIONS
REF: BERLIN 3447
UNCLAS BERLIN 003587
SIPDIS
SENSITIVE
STATE FOR EUR/AGS
SIPDIS
E.O. 12958: N/A
TAGS: KLIG KJUS PREL GM
SUBJECT: GERMAN FEDERAL PROSECUTOR DECLINES INVESTIGATING
EUCOM FOR ALLEGED RENDITIONS
REF: BERLIN 3447
1. (SBU) German Federal Prosecutor Monika Harms has decided
that she is not responsible for investigating six EUCOM
officers in Stuttgart for allegedly planning the kidnapping
and rendition of six Algerian nationals from Sarajevo to
Guantanamo Bay via Germany in 2002, according to December 29
German news reports. According to her spokesman, "kidnapping
in the framework of fighting terrorism does not fall under
the criminal offense of abduction, for which political
persecution is presumed."
2. (SBU) USAREUR and EUCOM contacts commented to Emboff that
this is "good news" for the U.S. Forces in Europe. The EUCOM
contact said the federal prosecutor's decision not to pursue
an investigation in this particular case clarifies a general
principle that should be applied to similar cases in the
future. (Note: Harm is following a precedent set in 2004 by
her predecessor Kay Nehm, who declined to investigate the
alleged "abduction" by CIA officers of Egyptian national Abu
Omar. Nehm also ruled that the alleged CIA "abduction" was
not the result of political persecution and referred the case
back to local prosecutors. End note.) Nevertheless,
according to the German news accounts, the local Stuttgart
prosecutor's office still has the option of pursuing an
investigation of its own on different charges.
3. (SBU) Post is continuing to follow this case and will
report additional substantive information septel.
KOENIG
SIPDIS
SENSITIVE
STATE FOR EUR/AGS
SIPDIS
E.O. 12958: N/A
TAGS: KLIG KJUS PREL GM
SUBJECT: GERMAN FEDERAL PROSECUTOR DECLINES INVESTIGATING
EUCOM FOR ALLEGED RENDITIONS
REF: BERLIN 3447
1. (SBU) German Federal Prosecutor Monika Harms has decided
that she is not responsible for investigating six EUCOM
officers in Stuttgart for allegedly planning the kidnapping
and rendition of six Algerian nationals from Sarajevo to
Guantanamo Bay via Germany in 2002, according to December 29
German news reports. According to her spokesman, "kidnapping
in the framework of fighting terrorism does not fall under
the criminal offense of abduction, for which political
persecution is presumed."
2. (SBU) USAREUR and EUCOM contacts commented to Emboff that
this is "good news" for the U.S. Forces in Europe. The EUCOM
contact said the federal prosecutor's decision not to pursue
an investigation in this particular case clarifies a general
principle that should be applied to similar cases in the
future. (Note: Harm is following a precedent set in 2004 by
her predecessor Kay Nehm, who declined to investigate the
alleged "abduction" by CIA officers of Egyptian national Abu
Omar. Nehm also ruled that the alleged CIA "abduction" was
not the result of political persecution and referred the case
back to local prosecutors. End note.) Nevertheless,
according to the German news accounts, the local Stuttgart
prosecutor's office still has the option of pursuing an
investigation of its own on different charges.
3. (SBU) Post is continuing to follow this case and will
report additional substantive information septel.
KOENIG