US embassy cable - 04AMMAN10304

C O N F I D E N T I A L AMMAN 010304 
 
SIPDIS 
 
E.O. 12958: DECL: 12/30/2014 
TAGS: PTER, ASEC, JO 
SUBJECT: SECURITY COURT CLEARS ANTI-U.S. PLOTTERS OF 
CONSPIRACY, SENTENCES THEM ON LESSER CHARGES 
 
REF: A. AMMAN 03303 
 
     B. 03 AMMAN 06232 
     C. 03 AMMAN 05333 
 
Classified By: CDA David Hale for reasons 1.4 (b) and (d) 
 
1.  (U)  The State Security Court on December 27 acquitted 13 
men -- 10 Jordanians in custody and three Saudis tried in 
absentia -- on charges of conspiring to commit terror attacks 
against the U.S. Embassy in Amman and Jordanian military 
bases near the Iraqi border, where the plotters apparently 
believed U.S. troops were stationed (ref a).  However, 11 
were sentenced to prison terms ranging from six to 15 years 
for possessing explosives.  The Court fully cleared, for lack 
of evidence, just two defendants, Saud al-Khalayleh (a 
distant cousin of Abu Musab al-Zarqawi) and Isam al-Barqawi. 
 
2.  (C)  This verdict comes two years after the cell (dubbed 
locally the "Mafraq cell" for the northeastern town where 
many of the suspects resided) was first disrupted.  In 
justifying the decision to acquit the men of plotting 
subversive acts (which would have earned them the death 
penalty), Judge Fawaz Bqour -- reading from the 72-page 
verdict -- said that the defendants had opted to strike 
American targets in Jordan when they realized that travel to 
Afghanistan during the war would be too difficult.  The 
defendants thought there were U.S. military bases in Azraq, 
Jafer and Safawi and decided to target them.  However, 
according to the judge, "it would have been impossible for 
the group to commit these attacks because these (U.S.) bases 
do not exist and (the King and PM) denied the presence of 
such forces," according to the judge.  As for the defendants' 
plan to attack the U.S. embassy, the judge said "the court 
concludes that it was just a thought that crossed the minds 
of some of the defendants as they passed by the embassy 
building."  (Note:  In fact, at the time of the arrests there 
were around 10,000 American military personnel in Jordan, 
many of them in the locations allegedly targeted by the 
conspirators.  The King's public denial at the time intended 
to avoid agitating the population, which was strongly opposed 
to war in Iraq.  However, it also has provided the defendants 
a loophole through which to beat the conspiracy charges.) 
The judge added that the weapons in their possession (40 hand 
grenades, detonators and other weapons) were intended to be 
used against the U.S. Embassy and against Jordanian 
intelligence officers, but the defendants were apprehended 
before carrying out any plans. 
 
3.  (U)  Most of the defendants had their 15-year sentences 
reduced "because they had no previous criminal records and to 
give them a second chance," according to the judge.  Only one 
defendant, Muhammad Ahmad al-Shalabi (aka Abu Sayyaf) 
received the full 15-year sentence.  The GOJ blames Abu 
Sayyaf for instigating riots that caused the deaths of six 
(including two security officers) in the southern town of 
Ma'an in November 2002.  He was on the run until his arrest 
in September 2003 in Mafraq (ref b). 
 
4.  (U)  The defendants remain defiant and most will likely 
appeal.  Only one had admitted to the charges; the rest 
maintain their innocence, claiming their confessions were 
made under duress.  According to reporters present during the 
trial, Abu Sayyaf shouted after the sentencing: "I am not a 
criminal!  The criminal is the one that places young men 
behind bars.  You are the criminals."  One of those 
acquitted, Barqawi, told reporters from the dock that the 
charges were false and said the defendants were prosecuted 
because "we have refused to surrender to the policies of 
Washington and Tel Aviv."  He added: "Execution is our wish 
because it's our path to martyrdom." 
 
5.  (C)  Comment:  The trial of Abu Sayyaf and his cohorts -- 
first indicted more than one year ago (ref c) -- is 
politically sensitive; the GOJ has been criticized for the 
way it handled the November 2002 Ma'an riots.  Cynics suspect 
the security services, eager to ensure that the Abu Sayyaf 
gang was taken off the streets for its role in the deaths of 
policemen, trumped-up the charges of conspiracy to attack 
American targets.  Finding the defendants guilty on mere 
weapons possession charges produced an ideal result for the 
GOJ: significant prison terms for most, but no death 
penalties, which might have re-ignited unrest in Ma'an.  So 
far, there has been no public reaction to the verdict. 
 
6.  (U)  Baghdad minimize considered. 
 
Please visit Embassy Amman's classified web site at 
http://www.state.sgov/p/nea/amman/ or access the site through 
the Department of State's SIPRNET home page. 
HALE