US embassy cable - 04SANAA837

UNCLAS SANAA 000837 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PTER, CJAN, YM, DEMARCHE, COUNTER TERRORISM 
SUBJECT: LAW ENFORCEMENT COOPERATION: USS COLE DEFENDANTS - 
ALIMI DEMARCHE 
 
REF: STATE 75508 
 
 1. (SBU) Ambassador, accompanied by LEGATT and NCIS rep, 
carried out demarche reftel with Minister of Interior Alimi 
on Wednesday, April 7.  Ambassador noted his intention to 
reiterate points to prosecutor general early week of April 
10.  Alimi confirmed that prosecutor general is appropriate 
interlocutor on these issues, but provided his views. 
 
2. (SBU) In response to Ambassador's request for rendition of 
Quso and Badawi, Alimi reiterated longstanding ROYG position 
that it would prosecute, but not render Yemeni citizens 
accused of terrorist acts.  In turn, Alimi requested that USG 
render to Yemen for prosecution Nashiri and Khalad bin 
Attash.  Such renditions would resolve ROYG problem of 
structuring a prosecution that included all those responsible 
for Cole attack.  Ambassador replied USG needs to retain 
these individuals as they continue to provide important 
intelligence on al-Qa'ida.  Alimi speculated that the ROYG 
might try them in absentia. 
 
3. (SBU) Alimi expressed ROYG desire to cooperate fully with 
USG in pending prosecutions where US citizens are victims. 
He noted Yemeni law accords victims' families or 
representatives extensive privileges, including presence at 
trial and sharing of prosecution's information.  When 
Ambassador inquired about continued access to defendants, 
Alimi replied that is a question for the prosecutor general 
to resolve. 
 
4. (SBU) COMMENT:  Embassy/FBI/NCIS have some experience with 
Yemeni prosecution procedures based on trial in Ibb of 
murderer of US medical personnel in December 2002.  FBI rep 
was present during this trial and gained significant access 
to prosecution's case file, but not access to defendant 
himself.  We will be following up with prosecutor general to 
gain specifics for upcoming trials and possible access to 
detainees. 
HULL