TERRORISM TRIAL AGAINST GERMANY'S FIRST "CYBER JIHADIST

UNCLAS SECTION 01 OF 03 HAMBURG 000061 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 KVPR GM SUBJECT: TERRORISM TRIAL AGAINST GERMANY'S FIRST "CYBER JIHADIST OPENS REF: A. A) HAMBURG 053 ¶B. B) BERLIN 1398 ¶C. C) 06 BERLIN 3323 HAMBURG 00000061 001.2 OF 003 SENSITIVE ¶1. (SBU) SUMMARY: The trial against alleged "cyber jihadist" Ibrahim Rashid opened on September 26 before the Higher Regional Court in Celle, Lower Saxony. According to the prosecution, these procedures are unique in that it is the first time that someone in Germany has been charged for jihadist activity carried out completely over the Internet from a PC at home. Rashid has been charged with 28 independent counts of having promoted membership in and support of Al Qaeda and Al Qaeda in Iraq in the period between October 6, 2005 and October 1, 2006 (ref. A). The Defense Counsel argued that the charges impeded Rashid's right to freedom of speech and freedom of information. Rashid reserved his right not to testify. Rashid potentially may be released from imprisonment on remand since continued detention might be found disproportionate. Hamburg Consulate's Pol/Econ staff attended the hearing. END SUMMARY. -------------- -------------- -------------- Background on Legal Basis for Prosecution, the Accused and Parties of the Trial -------------- -------------- -------------- ¶2. (SBU) In the one-day hearing Chief Judge Dr. Wolfgang Siolek stated that the Federal Justice Ministry authorized the Federal Prosecutors Office on September 18, 2002 to criminally prosecute activities of Al Qaeda and Al Qaeda in Iraq. He also remarked that the Federal Justice Ministry issued an additional authorization dated August 14, 2007 to criminally prosecute individuals who promote membership in and support Al Qaeda in Iraq from Germany. Rashid is an Iraqi citizen of Kurdish ethnicity and Sunni faith, who was born on July 1, 1970 in Kirkuk. He is married to Shilan Ismail and has four children. Rashid was arrested on October 10, 2006 based on a September 28, 2006 arrest warrant (ref. A). Siolek, who has experience with PKK (Kurdish Workers' Party) terrorism trials, chaired the panel of judges. The Federal Prosecutors Office is represented by Peter Ernst and Wolfgang Mertig. Klaus R|ther and J|rgen Mvthrath are Rashid's defense attorneys. -------------- -------------- -------------- Prosecution: Accused Contributed to Global Jihad from His Home PC -------------- -------------- -------------- ¶3. (SBU) The prosecution's reading of charges consisted of two parts: an extensive description of the terrorist organization Al Qaeda, and a meticulous account of the charges against the accused. Federal Prosecutor Ernst pointed out that Al Qaeda aims to create Islamic theocracies and combat the western world - particularly the U.S.A. and Israel - through global jihadist activities. He listed a number of past and more recent terrorist attacks and used the attacks on U.S. embassies in 1998 and on New York and Washington on 9/11 as reference points. He underscored that despite terrorist networks having largely been defeated following 9/11, terrorists are still being fought in the Afghanistan/Pakistan border region and in Pakistan. He pointed out that Al Qaeda is still able to carry out centrally-ordered terrorist acts to a limited degree and cited the attacks on the synagogue in Djerba on April 11, 2002 and planned attacks on U.S. financial institutions in Pakistan uncovered on July 13, 2004 as evidence of that ability. Ernst also reiterated that Al Qaeda supports local networks such as Al Qaeda in the Islamic Maghreb. Moreover, Ernst said that Al Qaeda still holds the leadership position with respect to terrorist activity and carries out its propaganda through audio/video messages that contain calls for attacks and provide strategic direction. He repeatedly pointed out that the Internet is of central importance to terrorists, as their "war is largely carried out over the Internet." ¶4. (SBU) Ernst sought to establish a direct connection between the overarching Al Qaeda terrorist network and Rashid's actions in Germany. He said that Rashid disseminated audio and video messages of Al Qaeda's leadership (e.g. Osama Bin Laden, Ayman Al-Zawahiri and Abu Musab Al-Zarqawi),engaged in jihadist chat room discussions, created lists of hyperlinks leading to extremist content, and spread his own written jihadist messages over the Internet. He stressed that Rashid was active in chat HAMBURG 00000061 002.2 OF 003 rooms that are exclusively jihadist-oriented and that are directly aimed at recruiting fighters for the global jihad. Ernst stated that Rashid adopted a jihadist ideology, for example with respect to the combat against coalition forces in Iraq, and that he authored approving statements which he spread over the Internet. Ernst pointed out that Rashid used nine aliases such as "Kurdistan_26," and "3mer_Kurdi" to conceal his identity. Ernst further elaborated on each of the 28 independent counts of Rashid's alleged promotion of membership in and support of Al Qaeda and Al Qaeda in Iraq during the period between October 6, 2005 and October 1, 2006. His elaboration was extremely specific, providing precise details on the duration of dsl-connections and the content of Internet websites and chat room contributions. -------------- -------------- Defense Pleadings and Prosecution Rebuttal -------------- -------------- ¶5. (SBU) Defense lawyer R|ther opened his pleadings with the following statement: "Asked by friends and colleagues how one could defend a terrorist these days, let alone one who is accused of supporting Al Qaeda, there is only one answer: from the perspective that freedom of speech and freedom of information must be defended." R|ther stated that although the Rashid's entire Internet traffic was recorded, phones were tapped, post and banking traffic were monitored, and movements were put under surveillance; authorities were unable to ascertain concrete terrorism promotion actions, such as urging people to join the jihad or fight in Iraq or Afghanistan. R|ther added that the prosecution could not ascertain money transfers for terrorist organizations, membership in Islamist organizations, or visits to radical mosques in Germany. R|ther stated that it could not be established that Rashid himself called for terrorist actions "in the real world or on the net." ¶6. (SBU) The defense counsel's pleadings culminated with the statement: "This trial will show whether this state of rule of law is willing to convict an individual for uploading a speech by Usama Bin Laden in a chat room, which Al Jazeera had already disseminated in the first place." In his rebuttal Ernst pointed out that "the right of freedom of speech is not unlimited, not even in the U.S. legal system" (Note: He exemplified this by saying that it was illegal to shout "fire" in a fully occupied theater. End Note.). Ernst reiterated that according to Art. 5, II of the German constitution, freedom of speech has its limits in general laws. Ernst added that the "worst terrorist activity, incitement of hatred and barbarian actions of murderous thugs and the approval of such actions" certainly do not fall under freedom of speech. Ernst also highlighted that Rashid did not act publicly, but rather used nine code names and made an effort to conceal his identity, which showed that he was aware of violating laws. -------------- Comment -------------- ¶7. (SBU) From the outset of the trial, the scope of the indictment has been limited. Originally, the Federal Prosecutors Office charged Rashid with support of a terrorist organization. However, in an April letter to the Federal Prosecutors Office, the Federal High Court (BGH) rejected that charge, arguing that following a revision of the Criminal Code in 2003, the sheer promotion of terrorism by expressing sympathy for terrorism does not qualify as supporting a terrorist organization. Therefore, the challenge for the prosecution will be to establish that Rashid did not "merely" express sympathy for terrorism, but promoted membership in and the support of Al Qaeda and Al Qaeda in Iraq. ¶8. (SBU) In his reading of charges the prosecutor provided a comprehensive and detailed account of Al Qaeda's ideology, objectives, development, organizational structure, and methods. His elaborations concluded with the statement that the accused played a concrete and important role in carrying out Al Qaeda's war over the Internet, by using the Internet as a propaganda and recruitment tool in its global jihad. The description of Rashid's Internet activities was striking in its detail. Against the background of the contentious German debate on the pros and cons of online searches, these proceedings will serve as a forceful reminder to the German public of the untold and underestimated role of the Internet as a platform for terrorist-related activity and communication. Interestingly, the investigation leading to the arrest and indictment of Rashid HAMBURG 00000061 003.2 OF 003 was the result of preventive telecommunication surveillance, which might eventually be found unconstitutional by the Federal Constitutional Court (BVerfG). However, according to the Spokesperson of the Celle Higher Regional Court, Dr. Stephanie Springer, this would not mean that the whole trial would collapse. Evidence would be differentiated between what would be admissible or not. ¶9. (SBU) The prosecution hopes that this trial will have a deterrent effect on would-be extremists. Twenty-five trial sessions have been scheduled through January 31, 2008. Since much of the evidence must be translated from Arabic into German, the prosecution expects that the trial will last significantly longer than six months. According to the chief prosecutor, if convicted, Rashid could be sentenced to up to five years, although a term of no more than three years is more likely. In a meeting with selected press, Ernst stated that because Rashid has already served over a year in pre-trial detention and continues to remain in prison, he may be released on remand since continued detention might be found disproportionate to what his actual sentencing may be if he is found guilty. END COMMENT. ¶10. (U) This message has been coordinated with Embassy Berlin. JOHNSON