Ansar al-Islam Trial Update

UNCLAS FRANKFURT 007499

SIPDIS

DEPARTMENT FOR EUR/AGS, EUR/PGI, S/CT

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PTER ASEC KISL IZ GM
SUBJECT: Ansar al-Islam Trial Update

REF: A) Frankfurt 4401

Sensitive but unclassified; not for internet distribution.


1. (SBU) SUMMARY: The trial of three suspected members of Ansar
al-Islam accused of plotting to assassinate then-Iraqi Prime
Minister Allawi during a visit to Germany in December 2004 is
ongoing in Stuttgart-Stammheim (a high-security court facility).
One defendant has spoken out in recent proceedings, claiming he is
not a terrorist. Unwilling to predict the outcome, the lead
prosecutor told us that several key charges have yet to be discussed
in court and that the trial will likely last until spring 2007. END
SUMMARY.

"I Am No Terrorist"
--------------


2. (SBU) The trial of the three suspected terrorists began on June
20 (ref A). During proceedings in September and October, the press
reported that two of the accused repeated their claim of innocence
and voiced frustration over the process. One of the accused, Mazen
al-Hussein, admitted his knowledge of the plot against Allawi.
Stating "I am no terrorist" and that he is personally against
killing, al-Hussein claims he worked to delay the attack during
telephone conversations with another unnamed plotter. Al-Hussein
admits to giving money, however, that was sent to Iraq to another
accused -- but claims the money was used to support victims of the
Iraq war, not terrorists. Hussein also told the court that he is
not an "Islamist" and that if he had wanted to fight in Iraq, he
would have never left that country.


3. (SBU) As for the alleged ringleader of Ansar al-Islam in Germany
and accused co-conspirator in the Allawi plot, Ata Abdulaziz Rashid,
Hussein claims he too opposed the assassination plans. Another of
the accused, Rafik Mohamad Yousef, expressed frustration that a
long-awaited witness for the prosecution did not show up at the
expected time. The court reported that the witness, who continues
to work with German intelligence, was under cover within the Muslim
community and faced imminent danger if he were to appear in court.
The court indicated it would resort to a voice-altered
videoconference to obtain the testimony.

Prosecutor Predicts Lengthy Trial; Key Points Yet to be Discussed
-------------- --------------


4. (SBU) Court press spokesperson Josefine Koeblitz told us that
proceedings are scheduled to run through early 2007 and will
continue as needed beyond that. Some press reports suggest the
court anticipates a verdict on January 11, 2007 (the last currently
scheduled trial date). However, Senior Public Prosecutor Silke
Ritzert -- the prosecuting attorney in this case -- told us she
believes the trial will go on into spring 2007, unless one or more
defendants makes a confession or admission. Ritzert also told us
that some of the key issues such as recruitment of "active
supporters" and solicitation of funds to support terrorism have not
yet been discussed during the trial.


5. (U) This message was coordinated with Embassy Berlin.

POWELL