Identifier
Created
Classification
Origin
07HAMBURG1
2007-01-09 15:34:00
UNCLASSIFIED
Consulate Hamburg
Cable title:  

MOTASSADEQ SENTENCED TO 15 YEARS

Tags:  PTER KJUS PREL ASEC GM 
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VZCZCXRO3152
RR RUEHDF RUEHLZ
DE RUEHAG #0001 0091534
ZNR UUUUU ZZH
R 091534Z JAN 07
FM AMCONSUL HAMBURG
TO RUEHC/SECSTATE WASHDC 0101
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
INFO RUEHRL/AMEMBASSY BERLIN 0091
RUCNFRG/FRG COLLECTIVE
RUEHAG/AMCONSUL HAMBURG 0115
UNCLAS HAMBURG 000001 

SIPDIS

DEPARTMENT FOR EUR/AGS, EUR/PPD, L/LEI, AND S/CT
JUSTICE FOR BARBARA BERMAN AND PATRICIA REEDY
SIPDIS

E.O. 12958: N/A
TAGS: PTER KJUS PREL ASEC GM
SUBJECT: MOTASSADEQ SENTENCED TO 15 YEARS

REF: A. 06 HAMBURG 74, B. 06 HAMBURG 67, AND PREVIOUS

UNCLAS HAMBURG 000001

SIPDIS

DEPARTMENT FOR EUR/AGS, EUR/PPD, L/LEI, AND S/CT
JUSTICE FOR BARBARA BERMAN AND PATRICIA REEDY
SIPDIS

E.O. 12958: N/A
TAGS: PTER KJUS PREL ASEC GM
SUBJECT: MOTASSADEQ SENTENCED TO 15 YEARS

REF: A. 06 HAMBURG 74, B. 06 HAMBURG 67, AND PREVIOUS


1. On January 8, the Hamburg Regional Court gave 9/11 cell
member Mounir el-Motassadeq a 15 year prison sentence. (Note:
This is the maximum sentence that can be imposed under the
German Penal Code for the crime of accessory to murder. End
Note.) Motassadeq's attorneys announced that they will pursue
all legal avenues at their disposal to appeal. His legal team
as well as the German Federal Prosecutor/co-plaintiffs had also
appealed Motassadeq's earlier conviction, a process which led to
his retrial and January 8 sentence.


2. In his verdict, Chief Judge Dr. Carsten Beckmann pointed out
the "enormous injustice of the act" [the September 11 attacks]
and the "gravity of the guilt," which left the court no choice
but to impose the highest possible sentence. Beckmann said he
drew the conclusion that when someone knows that airplanes would
be crashed in suicide operations, and that would-be attackers
have obtained qualified pilot training, then he should also be
aware that those airplanes would not be crashed just anywhere,
but in a way that leads to as many fatalities as possible.



3. Motassadeq's attorneys argued that their client was not
given a fair trial and that the court had not considered
evidence which could prove their client's innocence. They
announced they would seek a retrial. They repeatedly referred
to their December 29 appeal to the Federal Constitutional Court,
which alleges a violation of their defendant's basic rights to a
fair trial. Motassadeq's attorneys indicated their intent to
bring the case before the European Court of Justice if need be.



4. This message has been coordinated with Embassy Berlin.

BUTCHER

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