RINGLEADER OF ALLEGED PLOT TO ATTACK US EMBASSY IN

C O N F I D E N T I A L OSLO 000396 NOFORN DEPT FOR DS, P, M, CA, S/CT, INR, DS/IP/EUR, DS/IP/ITA, EUR/NB COPENHAGEN, STOCKHOLM INFO FOR RSO AND LEGATT E.O. 12958: DECL: 06/15/2019 TAGS: ASEC KCRM NO PREL PTER SUBJECT: RINGLEADER OF ALLEGED PLOT TO ATTACK US EMBASSY IN OSLO MAY BE RELEASED THIS WEEK REF: 08 OSLO 0308 Classified By: Ambassador Whitney K. Benson, Reason 1.4(b) and (d) ¶1. (C) SUMMARY: Norway's Supreme Court ruled June 12 that a jury's decision in February 2009, to convict Arfan Bhatti of vandalism and attempted murder, did not meet European Court of Human Rights requirements and threw the verdict out. The case will now return to the appeals court to be re-tried, most likely in August, 2009. Bhatti was acquitted June 2008 of terrorism charges under Norway's strict Terror Law, in relation to his role as ringleader in an alleged plot to attack the U.S. and Israeli embassies in Oslo (reftel and subsequent cables). In reviewing Bhatti's request for release pending trial, Norway's district court announced June 15 that he should be released. The Government appealed this ruling and a decision by the Appeals Court is expected this week. We have pressed the GON to ensure sufficient protection should Bhatti be released. END SUMMARY ¶2. (U) Arfan Bhatti, 31 years old and born in Norway to Pakistani immigrants, is a well known violent criminal who claimed to media outlets in 2002 that he "lives for Islam." Bhatti was arrested, along with three others, in September 2006 by the Oslo Police for firing shots at a synagogue in Oslo and for discussing plans to attack the American and Israeli embassies in Oslo. ¶3. (U) A Norwegian court in June 2008 convicted Bhatti of vandalism for the synagogue attack, and attempted murder, for firing shots at the residence of a man who owed Bhatti a large sum of money. Bhatti was sentenced to eight years under Norway's &forvaring8 rule, which means the length of the sentence can be shortened or extended during routine court reviews on whether he poses a threat to society. He was acquitted of the terrorism charges stemming from his plans to attack the U.S. and Israeli embassies, as the judge found the evidence insufficient to meet Norway's Terror Law requirements. ¶4. (U) Bhatti appealed the decision, and on February 19, 2009, an appeals court jury upheld Bhatti's conviction and sentencing. Bhatti,s lawyer then took the case to Norway's Supreme Court, which on June 12 overturned the jury's verdict on the attempted murder conviction, stating that the jury failed to justify their reasoning to uphold Bhatti's conviction, as required by the European Court of Human Rights. ¶5. (U) Bhatti's case will now be re-tried by the Court of Appeals sometime in August 2009. Bhatti's lawyer has requested that in the meantime he be released, as he has already served out his sentence for the vandalism conviction. The Oslo District Court said June 16 that they have no reason to hold Bhatti, and an appeals court judge will decide this week whether or not to release Bhatti pending the Appeals Court trial. ¶6. (C) COMMENT: We have strongly stressed to the Norwegian National Police Security Service (PST) and the Ministry of Foreign Affairs our strong interest in the GON taking all necessary steps to ensure Embassy security in the event that Bhatti is released. We have yet to learn exactly what actions they will take to ensure embassy security if and or when Bhatti is released but continue to press for assurances. END COMMENT. WHITNEY