Identifier | Created | Classification | Origin |
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09ISLAMABAD505 | 2009-03-09 15:28:00 | CONFIDENTIAL | Embassy Islamabad |
VZCZCXRO4272 OO RUEHLH RUEHPW DE RUEHIL #0505/01 0681528 ZNY CCCCC ZZH O 091528Z MAR 09 FM AMEMBASSY ISLAMABAD TO RUEHC/SECSTATE WASHDC IMMEDIATE 1793 INFO RUEHBUL/AMEMBASSY KABUL 9946 RUEHLO/AMEMBASSY LONDON 9837 RUEHNE/AMEMBASSY NEW DELHI 4570 RUEHKP/AMCONSUL KARACHI 1202 RUEHLH/AMCONSUL LAHORE 6879 RUEHPW/AMCONSUL PESHAWAR 5806 RHMFISS/FBI WASHINGTON DC RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL RUEKJCS/SECDEF WASHINGTON DC RUEAIIA/CIA WASHDC |
C O N F I D E N T I A L SECTION 01 OF 04 ISLAMABAD 000505 |
1. (C) Summary: On March 4, Federal Investigative Agency
(FIA) Director General Tariq Khosa briefed FBI Director Mueller on the details of the Mumbai attacks investigation. The FIA investigative team continues to meet Legatt officers to discuss the ongoing prosecution and sharing of information. The FIA currently has four suspects, Zaki ur-Rehman Lakhvi, Hammad Ameen Sadiq, Mazhar Iqbal (aka al Qama), Abdul Wajid (aka Zarrar Shah), in its remand. All four have been charged in a new Anti-Terrorism Court in Islamabad. On March 17, the suspects will be moved to judicial detention where the investigators will not have direct access to them without lawyers. The FIA has stressed that it needs all evidentiary support from both India and other countries prior to this date. The FIA investigation has been robust enough to charge the four suspects, however, it still lacks sufficient evidence to easily convict the Mumbai attack suspects. Information and evidence from the GOI will be crucial to successful conviction of the perpetrators in Pakistani courts. The Indian High Commission in Islamabad reports that the Home Ministry has answered the GOP's 30 questions, but the answers have not reached the External Affairs Ministry. A summary of outstanding requests is detailed in paragraphs 9-11. End summary. FIA DIRECTOR GENERAL KHOSA -------------------------- 2. (C) FBI Director Mueller met with FIA Director Tariq Khosa on March 4 to discuss the ongoing cooperation between the two law enforcement agencies. After the initial meeting, Khosa excused most of his additional deputies and presented sensitive information about the Mumbai attacks investigation. According to Khosa, India passed its dossier to Pakistan through diplomatic channels on January 5, but the FIA did not receive this information until January 15 when it was finally tasked with the investigation. However, the FBI had passed important tearlines, specifically about the attackers' boat engines, that prompted the FIA to start its own investigation prior to January 15. Khosa presented identity information about Ajmal Kasab, the lone surviving terrorist in GOI custody. Though Kasab has no Pakistani identification card, the FIA was able to trace his family, his village, and his work history. The other nine perpetrators have not yet been identified. Khosa believed that if India provides additional information on the nine individuals, such as cell phone data, the FIA will be able to identify them as well. Director Mueller noted the depth and breadth of the FIA investigation that included link charts, financial leads, and technical data. Khosa stressed that for a successful prosecution, the FIA needs evidence from India, including authenticated copies of the confessions. Khosa also passed a copy of the First Information Report (FIR) to Director Mueller. (Note. A copy of the FIR has been emailed to SCA/PB. End Note.) 3. (C) Khosa presented powerpoint slides detailing the main investigative leads on both suspects and material evidence. These included: -Zaki ur-Rehman Lakhvi: He is the alleged mastermind and is in FIA remand custody. He led an LeT training camp in Muzaffarabad. -Hammad Ameen Sadiq: Sadiq was arrested on February 15 and charged by the Anti-Terrorism Court on March 17. He is currently in FIA remand custody. He was one of the main facilitators and was linked to the two training sites in Sindh. Two terrorist bank accounts are also linked to Sadiq. FBI asked for access to Sadiq. Khosa responded that granting access was under consideration, however, the FIA could pass questions to the investigators. -Mazhar Iqbal (alias Abu al-Qama): He was arrested February 18 and is in FIA custody. He is another main LeT leader. -Abdul Wajid (alias Zarrar Shah): He was a main LeT communicator and is currently in FIA custody. He has been to Afghanistan and may have other terrorist links. ISLAMABAD 00000505 002 OF 004 -Javaid Iqbal: The FIA lured him from Spain on an immigration charge. He is currently in judicial custody awaiting trial on a separate immigration matter. He is cooperating with the FIA. A copy of his passport was stolen by his boss, Muhammad Ashfaq, to wire money from Spain. The FIA is still waiting for more information from Spain. -Iftikhar Ali (alias Malik Taimour): He sent money through Moneygram and is still a suspect at large. -Muhammad Amjad Khan: He is accused and at large. He was one of the main facilitators who rented two houses in Karachi. The FIA has bank account information on Khan. -Shahid Jameel Riaz: He was very actively involved in the conspiracy, and went on the boat as a crew member. Riaz was also part of the financing. He is accused and at large. -LeT Training Center in Karachi "Azizabad": The site is currently in FIA custody. Samples have been obtained for DNA analysis. Other evidence found at the site includes lockers, small boats, and other marine training equipment. -LeT Training Center in Goth Ali Nawaz Shah Thatta "Punj Tehni": This second site is 150 km from Karachi and is presumably where the terrorists launched their boat. The site is next to the sea and in a small thatched building. The FIA found a "pink box" similar to the one described by Indian authorities. They need more evidence about the box from the GOI to connect it to the conspiracy. Evidence found at the site includes boat engines and spare parts. -Yamaha Engine: This engine was sold in Karachi and the sport shop owner provided the FIA with a telephone number that led to one of the main culprits. -Al-Hussain & Al-Fouz Motorboats: The terrorists had initially purchased a boat (Al-Hussain) for 180,000 PKR but it capsized and sank. Right before the attack, they urgently bought another boat (Al-Fouz) boat for 600,000 PKR. DNA samples from the Al Fouz boat should connect to the dead terrorists, once this information is received from India. The FIA has the crew list for the boats and is currently tracking the crew members, including Captain Shahid Ghafoor and Sabir Salfi. -Voice Over Internet Protocol (VOIP): The FIA requested immediate support and information from India to access the VOIP data. -Thoraya Satellite: The FIA has requested more information from Interpol Dubai about involved satellite phone. -Pistols "Diamond Nedi Frontier Arms Co, Peshawar": The FIA needs GOI clarification about the gauge of these arms. 4. (C) Detailing the progress thus far, Khosa described it as "Kasab in Indian custody, four arrested in Pakistan, five accused and absconded, five suspects, two funding sources, six witnesses, and eight material exhibits." The FIA completed its initial probe in two weeks with limited information from India. The last 15 days have been critical in formulating the prosecution, but the FIA still needs significant evidence to successfully convict the suspects. When asked how much the whole operation might have cost, Khosa responded that it was done with less than 4 million PKR (50,000 USD). In response to how to address the India- Pakistan problem of sharing information, Khosa said that if India passed its entire 11,000 page chargesheet to the GOP, there would be no excuse on the Pakistani side for not sharing information. Khosa also mentioned that India and Pakistan are institutionally linked and the FIA visited the Indian Central Bureau of Investigation (CBI) in 2006. There is a standing offer for the CBI to visit the FIA in Pakistan. Director Mueller also offered his help and that of the FBI to break any impasse between the Indian and Pakistani investigators. FIA INVESTIGATIVE TEAM -------------------------- ISLAMABAD 00000505 003 OF 004 5. (C) On March 9, Legatt and Poloff met with the FIA investigative team on the Mumbai attacks. The meeting was led by FIA Additional Directors General Qureshi and Iqbal. The FIA team confirmed that the suspects in custody were currently in FIA remand and would be transferred on March 17 to judicial custody. Currently FIA has complete access to the suspects; however, under judicial custody the investigators would have to go through the suspects' lawyers. Due to this change in status, the FIA team stressed that receiving additional evidence from the GOI was imperative before March 17. The FIA confirmed that it has four suspects in custody and awaiting trial: Zaki ur-Rehman Lakhvi, Hammad Ameen Sadiq, Mazhar Iqbal (aka al Qama), Abdul Wajid (Zarrar Shah). 6. (C) The FIA and FBI teams discussed the technical details of the investigation. The FIA confirmed it was following two Internet Service Provider addresses from which email had been sent. One of the IP addresses was from a portable provider (Worldcall) that did not have records for specific users. The FIA was following up with the other IP provider, Wateen. The FIA is still looking for voice exemplars of the LeT controllers from India. They would like this information prior to March 17 so that they can have the suspects or other witnesses identify the voices, specifically of Zarrar Shah and al-Qama. 7. (C) The FIA is concerned about jurisdiction and evidentiary problems that may arise in the case. The Anti-Terrorism Act (ATA) does not now apply to extra-territorial cases, and proving jurisdiction over terrorist attacks that took place in India may be difficult absent a change in the law. (Zardari has a draft change in the ATA that he has not signed.) The fact that the FIA does not have direct access to the crime scene makes proving the conspiracy very challenging. Also the FIA is concerned about the procedural problems of introducing third party (from the FBI) evidence in Pakistani court for which there is no precedent. Criminal courts in Pakistan, according to the FIA team, do not recognize foreign forensic experts. When asked about an FIA team coming to Washington to exchange information and evidence with the FBI, the FIA responded that it was up to the Minister of Interior. The Minister has told the Ambassador that he plans to visit Washington after March 20 and is willing to share more information. Also the sharing of the full investigation report was at the discretion of the Minister of Interior. INDIAN DEPUTY HIGH COMMISSIONER -------------------------- 8. (C) The DCM met with Deputy India High Commissioner Manpreet Vohra on March 9. He confirmed to the DCM that the Indian Home Ministry had completed the answers to the 30 questions passed by the GOP. The Indian Ministry of External Affairs had not yet received the answers as of Friday, March 6. The Ministry of External Affairs should receive the answers this week and will then pass them to the Pakistani Ministry of Foreign Affairs, according to Vohra. OUTSTANDING ITEMS -------------------------- 9. (C) The FIA continues to seek the following items from the GOI: -DNA profiles of dead attackers -Fingerprints of attackers -Clear photographs of each perpetrator -Clear forensic photographs of each article seized from suspects -Voice recordings of LeT controllers -Answers to 30 questions passed through diplomatic channels 10. (C) The FIA continues to seek the following items from the FBI: -Digital Photos of the nine deceased attackers -Forensic photos and serial numbers of the Yamaha engine -Fingerprints of the attackers -Telephone Number Data from Callphonex (data owned by India) -Satellite Telephone Numbers ISLAMABAD 00000505 004 OF 004 11. (C) The FBI continues to seek the following items from the FIA: -Full FIA investigative report -Access to those in custody -Biographical information on those charged and arrested -Locations of training camps and staging areas -IP address information -Information on VOIP payments -Nokia cell phone sales information -Thuraya SIM card seized from Azizabad 12. (C) The FBI has passed the FIA several pieces of evidence, including GPS data, data on engines used, interviews of both Ajmal Kasab and Mubashir Shahid, and data on IP addresses. The FBI continues to meet with the FIA investigative team to help facilitate the prosecution and sharing of information. The FBI would like to bring a team of FIA investigators to Washington, DC to better enable evidence sharing. 13. (C) Comment: The FIA investigation to this date has been robust enough to charge several individuals, however, it still lacks sufficient evidence to easily convict all Mumbai attack suspects. Information and evidence from the GOI will be crucial to successful conviction of the perpetrators in Pakistani courts. If the four high-level suspects, Zaki ur-Rehman Lakhvi, Hammad Ameen Sadiq, Mazhar Iqbal (aka al Qama), Abdul Wajid (Zarrar Shah), are not convicted, the credibility of Pakistan's resolve against terrorism will be suspect. The GOP needs technical law enforcement and evidentiary support to build a strong case against all the terror suspects. End comment. PATTERSON |