US embassy cable - 04SANAA2021

C O N F I D E N T I A L SECTION 01 OF 03 SANAA 002021 
 
SIPDIS 
 
STATE FOR NEA/ARP AND OPS CENTER 
 
E.O. 12958: DECL: 08/16/2014 
TAGS: PTER, PREL, ASEC, YM, COUNTER TERRORISM 
SUBJECT: YEMEN: A TALE OF TWO (TERRORISM) TRIALS 
 
REF: A. SANAA 1636 
     B. 03 SANAA 2454 
 
Classified By: Ambassador Thomas Krajeski for reasons 1.4 (b and d). 
 
1. (C) Summary: Ongoing trials for 15 al-Qa'ida associates 
(Trial One) and the USS Cole (Trial Two) defendants are 
expected to end in the last week of August.  While Trial One 
has been chaotic and presided over by an ineffective judge, 
the USS Cole trial exemplifies effective U.S.-Yemen 
cooperation.  U.S. presence and cooperation in the trial has 
been conducted according to traditional Yemeni roles for 
victims' families in the courts.  Post expects both Judges to 
issue their decisions by mid to late September.  The appeals 
process could take six to twelve months.  Post will work with 
PA and FBI to create appropriate press guidance and carefully 
monitor the security situation closer to the announcement of 
the sentences.  End summary. 
 
------------------------------ 
Trial One: A Judge Overwhelmed 
------------------------------ 
 
2. (C) On the first day of the trial of 15 terror suspects 
accused in the Limburg bombing and planning of attacks on 
U.S. and other Western diplomats, Judge Ahmed al-Jarmouzi was 
forced to appoint lawyers for the defendants, quell the 
spirited responses of families and manage a courtroom 
unsuited for a high-profile trial (ref A).  While some 
improvements were made in courtroom organization and 
security, the trial remains disorganized.  At times, the 
defendants shouted in unison, "No God but God and Usama Bin 
Laden is God's beloved," "America is the enemy of God," and 
"We want bin Ladin as our only leader, no one else will 
satisfy us."  Al-Jarmouzi repeatedly ordered the defendants 
to stop their shouting and leave the courtroom, but often 
relented and kept the defendants in the courtroom.  At one 
point during Trial One, prosecutors Saeed Aql and Ali Samet 
(who are also prosecuting the USS COLE trial) walked out of 
the proceedings because al-Jarmouzi did not silence the 
chants.  Al-Jarmouzi also failed to effectively manage 
defense attorneys who have left the proceedings three times 
to protest the refusal of the judge to provide them with 
photocopies of evidentiary files.  According to Yemeni law, 
defense attorneys may have access to, but not copies of 
evidence.  The Minister of Human Rights recently made 
statements in support of the defense attorneys right to have 
access to the files. 
 
3. (U) The defendants are all believed to be al-Qa'ida 
associates and are charged with involvement in: 
-- the 9/02 explosion in an al-Qa'ida safehouse in the 
al-Qadissiya neighborhood of Sanaa where 13 crates of 
explosives were found; 
-- the 10/02 M/V Limburg bombing; 
-- the 11/02 Hunt Oil Company helicopter attack; 
-- the al-Qa'ida cell rolled up in fall 2003 with plans to 
target the U.S., British, French and Cuban Embassies. 
 
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USS COLE Trial: Expanded Use of Evidence 
---------------------------------------- 
 
4. (C) In contrast to the chaotic atmosphere of Trial One, 
Judge Nagib al Qadari quickly established order in the USS 
COLE trial.  Qadari is the same judge who sentenced Aden Abya 
Islamic Army Chief, Abdul Hasan al-Mihdar, to death for the 
1998 hostage taking that resulted in the deaths of three 
western tourists.  In July, Qadari fined the defense 
attorneys 2,000 Riyals (21 USD) for repeatedly asking for 
photocopies of the evidentiary files and claiming that they 
could not proceed with the case without the information in 
question.  In what the Legatt's office characterized as a 
fair decision, Judge Qadari ruled the he would provide 
photocopies of the material on a case-by-case basis. 
However, defense attorney al-Anisi still insists on receiving 
complete copies of files and said he would appeal the case 
based on the judge's ruling.  Qadari dismissed al-Anisi from 
the courtroom.  To date, al-Anisi has not returned to the 
trial. 
 
--------------------------------------------- ---- 
The Defense: Conspiracy, Emotion and Little Proof 
--------------------------------------------- ---- 
 
5. (C) Defense attorneys al-Anisi, al-Samawi and al-Alawi are 
the primary defense attorneys for both trials.  Basing his 
cases on emotion,  al-Anisi often directs arguments towards 
the journalists rather than refuting state's evidence. 
(Note: President Saleh appointed al-Anisi as Sheikh Mohammed 
al-Moayed's defense attorney.  In November 03, al-Moayed was 
extradited from Germany to the United States and presently is 
awaiting trial on charges of supporting al-Qa'ida.  Al-Anisi 
received his visa on 8/18 and is making preparations for 
travel to the U.S.  End note).  Al-Samawi, who spent 33 years 
in Parliament, uses conspiracy theories involving other 
alleged perpetrators in an attempt to prove the innocence of 
his clients. 
 
6. (C) In Trial One the three defense attorneys have offered 
no rebuttal and instead focused on their claims for full 
access to evidence.  Their USS COLE defense can best be 
summarized as follows: 
-- How could Yemenis blow up a huge, powerful American ship? 
-- The explosives used in the operation (RDX/TNT) are only 
made in Israel and America, therefore Yemenis could not be 
responsible. 
-- Taliban/al-Qa'ida forbid the use of video cameras on 
religious grounds, therefore Yemenis trained in Afghanistan 
by al-Qa'ida could not have video taped an operation. (This 
defense argument received laughter in the courtroom). 
-- The ROYG is prosecuting these suspects because they are 
unable to produce the real culprit. 
 
-------------------------------------- 
The Prosecution: A Barrage of Evidence 
-------------------------------------- 
 
7. (C) Lead prosecutor Aqel and his deputy Samet are 
prosecuting methodically built cases based on evidence from 
investigations, lab reports and confession statements.  Samet 
gained experience in terrorist cases prosecuting al-Mihdar 
under Judge Qadari.  While both cases are gaining positive 
reviews in the official press, al-Aqel and Samet have 
received threats and are under 24/7 surveillance.  Near the 
end of June, a grenade was thrown at Aqel's house burning his 
car.  Steady, but at times uneven, cooperation between Legatt 
and ROYG greatly contributed to what one local newspaper 
called the prosecution's "barrage of evidence" implicating 
the USS COLE suspects. 
 
--------------------- 
Justice, Yemeni Style 
--------------------- 
 
8. (C) Prior to these two trials, terrorism cases were 
investigated by the Political Security Organization (PSO), 
who either handed defendants over to Supreme Court Judge 
al-Hitar for dialogue (ref A), or were turned over to the 
Prosecutor General for trial.  If the case went to trial, the 
prosecution initiated a new investigation.  Since the 
prosecution rarely had access to PSO files and could not 
conduct new investigations, government efforts usually relied 
on confessions for conviction.  In the ongoing terrorism 
trials, FBI representatives helped the prosecution develop 
stronger indictments and provided support in understanding 
ways to link evidence producing tighter cases.  Legatt 
believes the USS COLE trial is the first time DNA evidence 
will be used in a Yemen court of law.  At times, FBI 
cooperation helped ROYG investigators identify connections 
and develop new leads as Yemeni investigators had little 
experience building evidentiary based cases. 
 
9. (C) American presence at the trials is based on the 
traditional role of the victim's families in the Yemeni 
Judicial system.  Justice Department representatives have 
acted as family spokespersons and made clear that any 
assistance provided to the ROYG falls under their role as 
advocates for the family.  Legatt advises that future 
cooperation in Yemeni terrorism trials be characterized in 
this manner. 
 
10. (C) Attorney General al-Olafy asked Legatt, as 
representatives for the families, to stand in court and 
recommend a sentence for the USS COLE trial.  In order to 
avoid the public exposure of Americans speaking at trial, the 
judge and prosecutor agreed that the Legatt's office could 
reply via letter.  The letter expressed the following: 
 
-- The Legatt office is present at the trials to represent 
the families of the victims. 
-- The USG expects the defendants to be tried under Yemeni 
law. 
-- If the defendants are found guilty, the USG asks that they 
be punished to the full extent of Yemeni laws. 
 
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What Happens Next? 
------------------ 
 
11. (C) Both trials are expected to conclude by the last week 
in August.  Most observers believe that the judges will issue 
their decisions by the end of September.  Defense attorney 
al-Anisi has repeatedly claimed that based on Qadari's 
decision concerning evidence in the USS COLE trial, he will 
appeal.  Appeals are also likely in Trial One.  The appeals 
could take six-twelve months. 
12. (C) Comment: Post expects all defendants to be found 
guilty.  Sentences may vary from capital punishment in one or 
two cases, to a range of prison terms for the rest.  Post 
anticipates increased anti-American sentiment around the time 
the verdicts and sentences are announced.  In preparation, 
post is developing press guidance and will closely monitor 
any increased threats.  End comment. 
KRAJESKI