US embassy cable - 04SANAA2712

S E C R E T SANAA 002712 
 
SIPDIS 
 
NOFORN 
 
E.O. 12958: DECL: 10/19/2014 
TAGS: PREL, PTER, KJUS, YM, COUNTER TERRORISM 
SUBJECT: MEETING WITH MOI AL-ALIMI: HOLD ON AL-BANNA AND 
DULQUM 
 
 
Classified By: Ambassador Krajeski for Reasons 1.4 b and d. 
 
1.  (S/NF) Summary.  At 18 October meeting with Minister of 
Interior al-Alimi, Ambassador urged continued detention of 
Jaber al-Banna and Hadi Dulqum.  Alimi said there were no 
current plans to release either of the detainees and promised 
to inform Ambassador prior to any decision to release them. 
Ambassador repeated USG request to render al-Banna to USG 
custody for trial in the U.S.  End Summary. 
 
2.  (S/NF) Jaber al-Banna:  Ambassador and Legatt stressed to 
Alimi our desire to have al-Banna, a dual U.S.-Yemeni 
citizen, rendered to USG for trial in the U.S.  Alimi stated 
that the Yemeni constitution would not allow for the 
rendition of a Yemeni national to a foreign government.  He 
claimed that the ROYG is facing increasing internal pressure 
to either present al-Banna for trial or release him.  Alimi 
said the USG failed to provide the ROYG with enough 
information to prosecute al-Banna and indicated that the ROYG 
may not be able to keep him in jail much longer unless the 
USG provides solid evidence of his alleged terrorist 
activities. 
 
3.  (S/NF) Hadi Dulqum:  Ambassador expressed the USG's grave 
concern regarding recent indications that the ROYG intends to 
release Dulqum.  Ambassador explained that sensitive 
collection and detainee interviews led the USG to judge 
Dulqum dangerous and that we want to see him remain behind 
bars.  Alimi was less committal as to whether the ROYG 
intended to release Dulqum, stating that Dulqum should not be 
of major concern for the USG, as the ROYG did not consider 
him to be a terrorist.  Alimi acknowledged that Dulqum may 
have supplied USS COLE bombers with explosives, but did not 
believe that this constituted evidence of Dulqum's guilt 
since he "did not know the explosives were for al-Qaida 
operations."  He joked that if the ROYG arrested everyone who 
illegally sold explosives or weapons in Yemen, then 
"thousands of Yemenis would be in jail."  Ambassador 
disagreed and stressed that the USG had reliable information 
regarding Dulqum's al-Qaida affiliations and his involvement 
in plots against U.S. and Saudi interests. 
 
4.  (S/NF) Legal Issues:  Alimi suggested that Legatt provide 
a list of charges and indictment files on al-Banna as soon as 
possible.  Once these documents were presented to the 
Attorney General, and if the ROYG deemed the evidence to be 
credible, then they would try al-Banna.  Legatt replied such 
documents had already been provided to the ROYG, but the USG 
received no response and no action was taken.  Alimi claimed 
that the documents did not go to the appropriate authorities 
and requested Legatt re-submit evidence to the MOI and the 
office of the Attorney General.  Legatt agreed to translate 
and deliver the documents within one week.  As for Hadi 
Dulqum, Alimi said that rendition to the U.S. or the KSA was 
a non-starter, adding that Dulqum was a Yemeni citizen and 
would be tried in Yemen, but only if the USG provides enough 
evidence to convict him.  Alimi also suggested the issue of 
Dulqum be discussed further between ORCA and PSO. 
 
5.  (S/NF)  Comment:  Alimi repeatedly and unequivocally 
refused to permit rendition of al-Banna to U.S. custody.  In 
his view, the only option is trial in Yemen.  We can continue 
to insist on rendition, but it is our opinion that door is 
closed.  Legatt will present (again) details of evidence 
against al-Banna to the Yemeni Attorney General's office.  We 
have Alimi's assurance that the ROYG will not release Dulqum 
in the near future, however, his continued claim that Dulqum 
is an innocent arms dealer with no ties to AQ is troublesome. 
 We have presented the ROYG with substantial information 
linking Dulqum to AQ and will do so again.  End Comment. 
KRAJESKI