GERMAN COURT FINDS IRAQI "CYBER JIHADIST" GUILTY

UNCLAS SECTION 01 OF 02 HAMBURG 000016 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: GERMAN COURT FINDS IRAQI "CYBER JIHADIST" GUILTY REF: A. A. 07 HAMBURG 61 ¶B. B. 07 HAMBURG 53 ¶C. C. 07 BERLIN 1398 ¶D. D. 06 BERLIN 3323 HAMBURG 00000016 001.2 OF 002 ¶1. (SBU) SUMMARY: On June 19, the Higher Regional Court (OLG) in Celle convicted Iraqi Ibrahim Rashid in 22 cases of promoting membership in and support for the foreign terrorist organizations Al Qaeda and Al Qaeda in Iraq and sentenced him to a three year prison term. The conviction was based on Rashid's distribution of statements by Osama Bin Laden, Ayman Al-Zawahiri, Abu Musab Al-Zarqawi, and Al-Muhadjer over the internet by playing real-time video and audio files, posting links to internet sites where these files were available, and pasting the texts of Al-Qaeda speeches in chat windows. This decision sets precedent by determining that the promotion of activities in support of Al Qaeda on the internet is punishable by law. The defense announced that it will appeal the verdict before the Federal Supreme Court (BGH). Rashid will remain incarcerated. Hamburg Consulate's Pol/Econ staff attended the hearing. END SUMMARY. -------------- -------------- -------------- Virtual Jihadist War Fighting Not Covered by Free Speech -------------- -------------- -------------- ¶2. (U) In his decision, Celle judge Wolfgang Siolek stated that there is "complete and overwhelming" evidence that Rashid used several nicknames in an open chat room called "Al Ansar Mujahedin," in order to promote membership and support for Al Qaeda and Al Qaeda in Iraq between October 6, 2005 and October 1, 2006. Rashid was found guilty of approving extremist messages, calling for participation in jihad, idealizing martyrdom, reporting on "successful Mujahedin attacks," and providing behavioral guidelines for would-be terrorists. He was also convicted of exercising chat room administrator rights, and playing, posting, linking, and disseminating these messages over the internet. The judge underscored that by spreading Al Qaeda's war propaganda, Rashid helped to call and prepare for terrorist attacks and radicalize and recruit more members. By stressing that reports on "successful" jihadist operations lead to increased donations for the terrorist cause, the judge emphasized the concrete effects of Rashid's internet activities. The judge argued that Rashid could not appeal to the right to freedom of speech and freedom of information as these rights were admissibly limited by the Criminal Code which he violated. He reiterated that Rashid knew that he was not merely exercising his constitutional right of free speech because he cautioned others in the chats from being caught by the police. ¶3. (U) The judge also stated that in phone conversations with his family, Rashid announced that he wanted to pursue the path of suicide attacks. Referring to Rashid's closing remarks the judge said that Rashid unmasked himself as an irredeemable Islamist. He pointed out that Rashid fought against the very same state which provided him freedom and guaranteed his livelihood, and added that through his actions Rashid placed himself outside the civilized community. The judge remarked that he regards Rashid as a dangerous Islamist extremist and multiplier in the service of Al Qaeda, who, if released, would continue to commit terrorist activities. This assessment prompted him to state: "It can only be hoped that the foreigner office deports him immediately upon having served his time in prison." ¶4. (SBU) COMMENT: In previous terrorist trials in Germany, culprits have been convicted for being members of terrorist organizations and/or for providing assistance to or committing concrete terrorist acts. This verdict is a landmark decision in that it established for the first time that terrorist-related activities over the internet are punishable by law if there is evidence that the accused affirms and supports terrorism. Unless the defense can successfully claim before the BGH that the ruling contains judicial errors, the decision will stand and Rashid will most likely be deported to Iraq. Both the chief judge and prosecutor expressed hope that Rashid's sentencing will have a deterrent effect on potential imitators. The judge also said that the trial disclosed difficulties in the criminal investigation as law-enforcement agencies were unable to reconstruct six internet protocols (Note: Thus, only 22 of the original 28 charges were pursued. End Note.). END COMMENT. ¶5. (U) This message has been coordinated with Embassy Berlin. HAMBURG 00000016 002.2 OF 002 Johnson