US embassy cable - 04SANAA2328

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 002328 
 
SIPDIS 
 
STATE FOR OPS AND NEA/ARP 
 
E.O. 12958: DECL: 08/30/2014 
TAGS: PTER, PREL, ASEC, KVPR, YM, COUNTER TERRORISM 
SUBJECT: ROYG TO APPEAL LIGHT SENTENCES IN GROUP TERRORISM 
TRIAL 
 
REF: SANAA 2021 
 
Classified By: DCM N. Khoury for reasons 1.4 (b) and (d). 
 
1. (C) Summary and comment: Deputy Attorney General Sharaf 
al-Mahbashi and Chief Prosecutor Saeed al-Aqel told DCM on 
8/29 that the prosecution has already filed for an appeal 
over the 8/28 Trial One (reftel) sentences for the now 
convicted al-Qa'ida associates.  The prosecutors will seek 
harsher penalties for all the defendants, including death 
sentences for the perpetrators of the M.V. Limburg bombing. 
Aqel expects the USS COLE trial to conclude after two or 
three more sessions, (i.e. two to three more weeks). 
Expressing surprise at the light sentences for some of the 
defendants, the DCM complimented the Attorney General's 
office for their excellent work and their cooperation with 
Embassy FBI staff.  DCM stressed that the USG shared ROYG 
interest in a transparent trial in which convicted felons 
receive punishments to the full extent of Yemeni law. End 
summary and comment. 
 
2. (U) On 8/28 Judge Ahmed al-Jarmouzi issued sentences in 
the group terrorism trial, but did not issue a written 
verdict.  Al-Jazeera reported the following, which Post 
assesses to be the most accurate accounting of the sentences: 
 
 
Ten Years in prison for the 2002 attack on the French tanker 
M.V. Limburg: 
-- Omer Sa'id Jarallah 
-- Fawzi al-Hababi 
-- Mohammed al-Ammari 
-- Fawzi al-Wajih 
-- Yasser Ali al-Madani 
 
Ten Years in prison for plotting to attack the Civil Aviation 
and Meteorology Authority (i.e. Hunt Helicopter attack): 
-- Fawaz al Rabi'ea 
-- Abu Bakr al-Rabi'ea 
 
Five years in prison for plotting to attack foreign embassies 
in Sanaa and for planning to kill the U.S. Ambassador to 
Yemen: 
-- Ibrahim al-Howeid 
-- Aref Saleh Mujalli 
-- Mohammed Ali al-Daylami 
-- Qassem al-Rayni 
-- Abdul-Ghani Dhayfan 
 
Three years in prison for forging documents: 
-- Salim al-Dulaymi 
-- Kahled al-Juloab 
 
One sentenced to death for killing a Ministry of Interior 
policeman while fleeing the attack on the Hunt helicopter: 
-- Hizam Mujallad 
 
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ROYG to Appeal Light Sentences 
------------------------------ 
 
3. (C) On 8/29 DCM and Pol/Econ officer called on Assistant 
Attorney General Sharaf al-Mahbashi and Lead Prosecutor Saeed 
al-Aqel to gauge ROYG reaction to the 8/28 sentencing 
announcement.  Cautioning the DCM not to believe press 
reports until the court issues the final written verdict, 
Aqel said that his office was surprised at the light 
sentences and has already filed an appeal seeking more 
stringent punishments.  For those convicted in the M.V. 
Limburg bombing, Aqel is aiming for the death penalty and 
will request 10-year prison terms for those accused of 
plotting against Western embassies and trying to kill the 
U.S. Ambassador, the maximum punishment under Yemeni law. 
 
4. (C) Aqel expects the appeal process to be short, but said 
that he will work to enhance his case for the appeal 
hearings.  Commenting that the sentences were not logical, 
Aqel said that Mujallid received the death penalty and his 
partner, Fawaz al-Rabi'ea, received ten years for the same 
crime.  Aqel added that the ROYG believes all fifteen 
defendants' crimes are linked and criticized the judge's 
decision to issue separate sentences for connected terrorist 
activities.  Mahbashi affirmed that the whole process has 
been free of political pressure and that his office will make 
every effort to see that the defendants are punished to the 
utmost extent of Yemeni law. 
 
------------------------ 
USS COLE Trial Continues 
------------------------ 
 
5. (C) Turning to the ongoing USS COLE trial, Aqel said he 
expects two to three more hearings before the defense will 
rest its case.  DCM raised allegations made by defense 
attorneys on 8/25 that a former Minister issued USS COLE 
defendant al-Harazi a pass allowing free movement through 
checkpoints.  Questioning the pass' veracity, Aqel said that 
the defense only submitted a poor copy of the document and 
speculated that the document may be forged.  Mahbashi 
interjected that the defense has constantly tried to confuse 
the issue through surprises and political diatribes. 
Explaining that Yemeni law does not recognize copies of 
documents, Aqel said the defense has failed to produce an 
original document so the issue has been ruled inadmissible. 
Aqel said he believes the defense, whatever the verdict, will 
also appeal the decision. 
KRAJESKI