TERROR TRIALS UPDATE: PROSECUTIONS CONTINUE

C O N F I D E N T I A L SECTION 01 OF 03 SANAA 001698

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/06/2016
TAGS: PTER ASEC PGOV YM
SUBJECT: TERROR TRIALS UPDATE: PROSECUTIONS CONTINUE

REF: A. SANAA 272

B. SANAA 2535

C. SANAA 448

D. SANAA 3600

Classified By: Ambassador Thomas C. Krajeski for Reasons 1.4 (b) and (d
).


1. (U) Summary: In the past three months several
terror-related cases have been adjudicated in the Special
Penal Court (SPC) -- Yemen's special court for terror and
state security crimes -- and/or presented to the Attorney
General's Office (AG) for consideration. The cases in
summary are:

-- AQ Escapees: Eight re-captured Al-Qai'da (AQ) escapees
from a Sanaa Political Security Office (PSO) facility remain
in custody with no new charges pending at this time. On
April 27, press reported that a trial has begun for PSO
officers charged with "inadequate conduct" in connection to
the escape.

-- Twenty-three Jihadis: On June 3, the SPC held a
preliminary hearing for twenty-three Yemenis charged with
counterfeiting passports and/or attempting to travel to Iraq
to participate in attacks against U.S. forces.

-- 17 2: On May 21, a session in the trial of nineteen
defendants charged with planning attacks on U.S. interests in
Yemen was held.

-- 172 Referrals: The AG's office has completed reviewing
172 terror-related cases handed over to it by the PSO. Of
those cases, ten have been and 72 more will be prosecuted on
forgery-related charges. Another 92 cases will likely be
dismissed.

-- Kidnapping Plot: On April 19, fourteen men were convicted
of plotting attacks against U.S. and ROYG interests in the
country as well as planning kidnapping U.S. nationals to
secure the release of other prisoners.

-- Attempt on Ambassador's Life: On March 6, two minors were
sentenced to five years each for attempting to assassinate
the Ambassador in 2004.

-- Iraqis Case: On March 4, charges were dropped against four
Iraqi nationals accused of plotting to attack U.S. and U.K.
interests in Yemen in 2003.

Known details of the cases are noted below.

--------------
Re-apprehended AQ Fugitives
--------------


2. (C) On June 1, local press reported that eight of nine
re-apprehended AQ prisoners who escaped from the Sanaa PSO
facility in February would be released due to a lack of
evidence. (Ref. A). Deputy Chief Prosecutor, Khalid
al-Mawari, however, informed Legatt on May 13 that the AG's
office intended to prosecute all 23 escapees together once
apprehended. One re-captured escapee, Abdullah Al-Rimi, was
transferred to a PSO prison in Hodeida. More details
reported septel.


3. (C) Mawari also noted that his office turned over
jurisdiction of any cases on PSO guards or administration
involved with the escape to a military tribunal that would
try the cases. On April 27, English language daily, "Yemen
Observer," reported that a trial of PSO prison officials for
"inadequate conduct" has begun. Other than that this case is
being tried under military jurisdiction, no further details
are available.

--------------
The 23 Jihadis Trial
--------------


4. (C) On June 3, the SPC held a preliminary hearing for 23
men charged with counterfeiting travel documents and
attempting to travel to Iraq and Afghanistan. Two defendants
were also charged with possession of firearms and one with
harboring a Saudi Jihadi fugitive. Another defendant, Walid
Bahabib, was also charged with escaping from an Aden PSO
prison in 2000. Marawi expressed confidence that his office
would win all the cases. He also warned that defendant Omar
Nasir Ali was dangerous because he is suspected of assisting
convicted terrorist Jamal Badawi -- a main conspirator in the
USS Cole attack -- with his escape from an Aden PSO prison

SANAA 00001698 002 OF 003


in 2003 before he was re-apprehended and tried. (Ref. B).
The next session for this case is scheduled for June 17.

--------------
17 2 Case
--------------

5. (U) On May 21, the SPC held a mostly uneventful session in
the trial against 17 defendants charged with belonging to a
cell planning attacks on U.S. interests on the orders of
AQ-Iraq leader, Abu Musa al-Zarqawi. Among the defendants,
five were Saudi nationals. Another two individuals were
charged with aiding the five Saudis with illegally entering
the country to help plan the attacks. The names of those
defendants are not available at this time. (Ref. C).
--------------
Status of 172 Terror Suspects
--------------


6. (C) On June 3, Mawari noted that his office has reviewed
172 cases -- referred to his office in April -- for possible
terror-related prosecution. In April, the ROYG announced
that some of the cases referred involved attacks on ROYG and
foreign interests with AQ-affiliated defendants. Per Marawi,
ten of those cases have already been prosecuted and another
62 will be prosecuted for charges relating to forged
passports used for travel to Iraq and Afghanistan. (Note:
The ten defendants were most likely convicted of forgery
charges also). Mawari also pointed out that 92 cases would
be dismissed for lack of evidence. Marawi was not sure if
there were eight additional cases.

--------------
Fourteen Men Convicted for Kidnapping Plot
--------------


7. (U) On April 19, the SPC handed down jail terms of 18
months to seven years to fourteen men, convicted of plotting
to attack military and security installations in Yemen.
During the trial, which began in February, the defendants
admitted to planning to travel to Iraq to fight against
U.S.-led forces as well as participating in illicit training.
They denied, however, that they planned to kidnap Americans
and foreigners to secure the release of other prisoners.
Their names have not been made available to emboffs or Legatt.

--------------
Attempt to Attack Ambassador
--------------


8. (C) On March 6, two defendants, Hazem al-Mass and Khalid
al-Haymi were sentenced by the SPC to five-year prison
sentences for a December, 2004 attempted attack on the
Ambassador. (Note: While the press reported that the two
attempted to throw a grenade at the Ambassador while he was
shopping, in fact the case should be based on an attempt by
the youth to forcibly enter a residence where the Ambassador
was present. End Note). On May 13, Mawari told Legatt that
both defendants received the maximum allowable sentence under
Yemeni law since they were under the age of 18. As such,
there are no plans to appeal the sentence. (Ref. D).

--------------
Iraqis' Charges Dropped
--------------


9. (C) On March 4, the Sanaa Appellate Court upheld the
acquittal of four Iraqi nationals charged with plotting
attacks against the U.S. and British embassies in 2003.
According to Marawi, the four Iraqis -- arrested in March
2003 -- have yet to be released. He further noted that the
group's alleged ringleader, Ali Rashed Al Saadi, was never
captured. The other defendants' names are:

-- Ahmad Salman Dawoud al-Zubidi
-- Muhammad Mahdi Abd al-Rahman Asi al-Kinani
-- Ahmad Muthana Gasim al-Ani

--------------
Al-Ahdal to be Released?
--------------


10. (U) The local press also reported that "well-informed
sources" noted that Mohammed Hamdi Al-Ahdal (aka Abu Asm
al-Makki),purported to be AQ's number two man in Yemen, who
was sentenced to three and a half years in prison by the
state security court, might soon be released. Emboffs are
unable to confirm this report.

--------------
Comment:

SANAA 00001698 003 OF 003


--------------


11. (C) Comment: While Legatt has been able to re-establish
some lower-level ties with the AG's office, post will
continue to work towards re-establishing regular ties with
higher working-level officials such as Assistant AG Sharaf
ad-Din Mahbashi who is directly charged with supervising
terror trials. To date, despite numerous efforts post has
been unable to meet with him.


12. (C) Comment Continued: On the rash of trials in recent
months, it is encouraging to see the ROYG utilize its
judiciary as it begins to clear out cases -- some having been
around for several years. There is one point of concern.
Although the PSO is finally handing these cases to the AG's
office for prosecution, it does not pass over all available
evidence with the files and sometimes only gives files with
the names of the defendants. As such, the AG's office finds
itself prosecuting cases on lesser -- but easier to prove --
charges such as forgery and fraud. This would not be an
issue if Yemen did not suffer from weak legal precedent, the
lack of a specific terrorism law, or the absence of a
sophisticated conspiracy/complicity theory in Yemeni
jurisprudence, which would then allow for enhanced sentencing
in terrorist cases where a crime does not result in death or
injury.
Krajeski