ROYG PROSECUTES SUSPECTED SOMALI PIRATES, BUT

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 001527

SIPDIS

DEPARTMENT FOR NEA/ARP AMACDONALD AND OES/MSN

E.O. 12958: DECL: 08/17/2019
TAGS: EWWT KCOR KCRM PGOV PHSA PREF YM
SUBJECT: ROYG PROSECUTES SUSPECTED SOMALI PIRATES, BUT
CORRUPTION CONCERNS ABOUND

Classified By: Ambassador Stephen Seche for reasons 1.4(b) and (d).


1. (SBU) SUMMARY: With the prosecution of 22 suspected
Somali pirates, the ROYG is now fighting piracy in the courts
as well as at sea. The piracy trials warrant close
monitoring, as the number of suspected pirates handed over to
Yemeni authorities is likely to increase as a result of
heightened anti-piracy patrols by international maritime
forces. Successful prosecution by the ROYG would bolster the
US position that, rather than create an international piracy
prosecution mechanism, states that are directly affected by
piracy should prosecute those suspected of this crime. The
weaknesses of the Yemeni judiciary, coupled with the ROYG's
unwillingness to acknowledge its own nationals' complicity in
facilitating piracy, will hamper the ability of the courts to
punish and deter this crime. The Embassy intends to
encourage the ROYG to seek legal and financial assistance for
the prosecutions from the UNODC's new Counter-Piracy Program
and the Contact Group on Piracy off the Coast of Somalia,
while continuing to push the ROYG to prosecute Yemeni
nationals suspected of supporting piracy. END SUMMARY.

PIRACY TRIALS
--------------


2. (U) For the first time, the ROYG is prosecuting Somali
nationals suspected of piracy in the Gulf of Aden. Two
separate but concurrent trials of accused Somali pirates
began on July 2, when prosecutors charged ten Somalis with
hijacking and 12 others with attempted hijacking. As
interpretation had not been arranged for the defendants, who
do not speak Arabic, the judge ordered the prosecution to
provide a translator and adjourned the trial for two weeks.
At the second session on July 15, the defendants pled not
guilty and the judge adjourned the trials until after the
judiciary,s lengthy summer recess. The trials are expected
to last months, with the next session scheduled to occur on
October 7 in Aden's al-Mina criminal court.


3. (U) The 22 Somalis on trial were detained by international
forces in two separate incidents. Twelve Somalis and 12
Yemenis were detained in December 2008 by an Indian warship
and handed over to the ROYG for prosecution; the 12 Yemenis
were released without charge. The other ten Somalis were
detained in February 2009 by the Russian Navy. Both groups
were armed with Kalashnikovs, RPGs, and ammunition. (Note:
According to Commander Shugaa Almahdi of the Yemeni Coast
Guard (YCG),an additional 19 suspected Somali pirates are in
Yemeni custody awaiting prosecution. Eleven were arrested by
the Yemeni Navy during the April 2009 rescue of the Qana oil
tanker; their trial is expected to begin in October in a
special security court in Sana'a. A fourth group of seven
suspected pirates adrift on a broken-down boat was detained
by the Danish Navy in December 2008. End Note.)

QUESTIONABLE IMPACT
--------------


4. (C) The piracy trials are not without criticism. Khaled
Saleh al-Anesi, Executive Director of the National
Organization for Defending Rights and Freedoms (HOOD),
expressed doubts about the Yemeni government's ability to
prosecute the Somalis fairly. He told PolOff on July 8 that
a weak judiciary, widespread corruption, and political
interference make justice difficult enough to achieve in
regular criminal cases, and "even further out of reach for
Somalis" accused of piracy -- especially considering that the
ROYG wants to look tough on pirates to curry favor
internationally. Ayman Mohamed Nasser, Editor-in-Chief of
Aden's independent weekly Al-Tariq, echoed this concern when
he told PolOffs on August 8 that the trials "will be under
political influence."


5. (U) Even if the judiciary were able to act independently,
however, there are serious doubts about the trials' ability
to deter piracy. According to Colonel Lotf al-Baraty,
General Director of the YCG's Gulf of Aden branch, the
ongoing trials will have absolutely no impact. Because of
the lore surrounding the origins of piracy -- young men
defending Somali territorial waters and natural resources --
"piracy is not seen as something bad," he told PolOffs on
August 8. "Pirates are proud to be pirates," and the Somali
people regard them as heroes.

CONCERNS OF YEMENI COMPLICITY
--------------


6. (C) During their August 8 visit to Aden, PolOffs heard
allegations from various sources that Yemeni individuals and
officials are complicit in piracy. Nasser told PolOffs, "It

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is very obvious to journalists monitoring piracy that the
Yemeni government is trying to hide indications of Yemenis
involved with Somali pirates." He believes that certain ROYG
officials facilitate piracy and that some Yemeni fishermen
provide logistical support to pirates, such as food, diesel
fuel, and weapons. He questioned the prosecution's account
of the December 2008 capture of pirates because it differs
from that of the Indian Navy's, which considered all 24
detainees -- Yemenis as well as Somalis -- to be pirates.
According to the ROYG, however, the 12 Yemenis captured by
the Indian warship were innocent fisherman held hostage by
the Somalis. Hussein Mahmood, Somalia,s Deputy Consul in
Aden, shares similar concerns. He told PolOffs that he
believes the Somalis on trial were involved in piracy, but
added, "I suspect they had help from Yemenis." Yemen-based
support for piracy has been documented by the UN Monitoring
Group on Somalia, which in its December 2008 report noted
that "mother ships" -- which are used by pirates to extend
the range and endurance of their operations -- are based in
Mukalla, Shishr, and other towns on the Yemeni coast.

COMMENT
--------------


7. (C) There are credible allegations that Somali pirates are
aided by Yemeni fishermen and ROYG officials -- especially
through the sale of ROYG-subsidized diesel fuel -- yet the
ROYG does not appear willing to acknowledge that fact, let
alone take action against those involved. Instead, the ROYG
insists on laying the blame for piracy exclusively on
Somalia. (Note: For instance, when discussing piracy and
the smuggling of drugs, weapons, and immigrants in the Gulf
of Aden, Baraty told PolOffs that "all these problems share
one thing in common -- they all come from Somalia." End
Note.) Successful piracy prosecutions by the ROYG would
bolster the US position that states directly affected by
piracy should prosecute it. The ROYG's unwillingness to
confront the involvement of Yemeni nationals will undermine
the courts' ability to deter this crime and, more
importantly, will allow critical supplies of food, fuel, and
weapons to continue to flow to pirates. Post will therefore
encourage the ROYG to seek legal and financial assistance
from the UNODC's new Counter-Piracy Program and the Contact
Group on Piracy off the Coast of Somalia -- which has an
International Trust Fund to defray expenses associated with
prosecuting suspected pirates -- while also continuing to
call on the ROYG to prosecute Yemeni nationals suspected of
providing logistical support to Somali pirates. END COMMENT.
SECHE