ANTI-TERRORISM COURT DECLINES JURISDICTION OVER

C O N F I D E N T I A L ISLAMABAD 022462 SIPDIS SIPDIS E.O. 12958: DECL: 12/14/2016 TAGS: PK PREL PTER UK SUBJECT: ANTI-TERRORISM COURT DECLINES JURISDICTION OVER HEATHROW BOMB PLOT SUSPECT, REFERS CASE TO DISTRICT COURT Classified By: Ambassador Ryan C. Crocker, Reasons 1.4 (b) and (d) ¶1. (U) On December 13, 2006, a judge of the Rawalpindi Anti-Terrorism Court (ATC) dismissed charges under Pakistan's Anti-Terrorism Act (ATA) against 25 year old Rashid Rauf, who was arrested in August 2006 on charges of planning to carry explosives (29 bottles of hydrogen peroxide) aboard a London-bound airliner with the intent of detonating a bomb en flight. International and local media reports have also identified Rauf as a key suspect in the aborted plot to place bombs on airliners departing from London's Heathrow Airport. ¶2. (U) In an earlier ATC hearing, Rauf's counsel argued that that Rauf's possession of the hydrogen peroxide was not prime facie evidence of intent to bomb the airliner; reserving judgment until the December 13 hearing, the ATC judge accepted the defendant's arguments and dismissed the ATA Section 7 charges against Rauf. Citing a lack of jurisdiction over the remaining charges pending against Rauf (impersonation, carrying a false identity card, possession of explosives, etc.),the ATC judge referred the case to the Rawalpindi District Court for further prosecution. Rauf's attorney indicated to the press that he expects the initial hearing before the District Court to take place on December ¶20. ¶3. (C) Rauf, a British citizen of Pakistani origin who is rumored to have links to al Qaeda, will remain in Pakistani custody pending the District Court. As Rauf has also been booked under the Security of Pakistan Act, he can be detained for up to a year (and possibly longer) from his arrest in August. (Note: Pakistani authorities have told emboffs that they fully intend to use all authorities granted under the Security of Pakistan Act to keep Rauf in custody. End note.) In addition to the charges Rauf faces in Pakistan, the UK has formally requested his extradition to Britain in connection with the Heathrow bomb plot, a request currently under consideration by Pakistani authorities. ¶4. (SBU) Comment: Despite the hyperbolic claims of Rauf's attorney that his client has been "acquitted" of terrorism charges, Rauf must now defend himself against substantially the same charges in the District Court. Pakistani law enforcement authorities are committed to pursuing a vigorous prosecution in this high-profile case, with the Rawalpindi police chief telling the press that prosecutors intend to challenge the ATC judge's ruling regarding Rauf's possession of large quantities of hydrogen peroxide. Rauf will go nowhere soon, unless it is to the UK. CROCKER