GERMAN FEDERAL PROSECUTOR DECLINES INVESTIGATING

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