US embassy cable - 05SANAA175

C O N F I D E N T I A L SANAA 000175 
 
SIPDIS 
 
E.O. 12958: DECL: 01/31/2015 
TAGS: PREL, PTER, PGOV, PINR, YM, COUNTER TERRORISM 
SUBJECT: ATTORNEY GENERAL TO RULE ON PROSECUTION OF 
SECURITY DETAINEES 
 
Classified By: DCM Nabeel Khoury for reasons 1.5 b and d. 
 
1. (C) In a meeting between Legatt, Assistant Attorney 
General (AAG) Sharaf ad-Din Mahbashi and Prosecutor Sa'id 
al-Aqel, AAG announced that his office had a list of 25 
suspects handed to the Attorney General,s (AG) office by the 
Political Security Office (PSO) for possible criminal 
prosecution.  AAG noted that the cases are currently being 
reviewed to determine whether or not there is enough evidence 
to charge the suspects.  Those who cannot be charged with 
criminal offenses under Yemeni law, said AAG, will be 
released.  The list of 25 are from among the 28 detainees 
that Post has strongly urged the ROYG to keep in custody due 
to concerns about their connections to al-Qaida.  AAG also 
commented on the Jaber al-Banna and Abdullah al-Rimi cases. 
End Summary. 
 
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AAG given custody of 25 of 28 detainees 
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2. (C) On January 26 AAG presented the Legatt with a list of 
26 names, 25 of whom are part of the list of "28 plus 2" the 
USG expressed grave concerns over their potential release 
under last November's Ramadan Amnesty.  The AAG asked Legatt 
to provide any evidence that may help the AGs office make its 
determination on whether or not to pursue criminal charges. 
Legatt assured him that he had already shared with the AG's 
office all the evidence the FBI possessed. 
 
3. (C) AAG noted that Yemeni law required him to make a 
determination on whether to prosecute or release the 25 
within 10 days (Friday February 4, 2005).  Legatt asked who 
the AAG thought would be prosecuted and on what charges?  The 
AAG responded that the decisions would be made during the 
course of the ten-day period, and that he could not make any 
further disclosures while the cases were under review.  He 
then noted, however, that most of the prosecutable cases 
would be for passport and/or document fraud, which carries a 
maximum term of seven years in Yemeni law.  Many of the 
suspects, he continued, were picked up for belonging to a 
"suspect organization" and that they had intended to travel 
to Iraq. 
 
4. (C) The AAG pointed out that one of the persons in custody 
was likely one of the recaptured USS COLE trial escapees. 
Six of the defendants handed over by the PSO, said the AAG, 
were previously tried and incarcerated in Saudi Arabia before 
being released into Yemeni custody. 
 
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Al-Banna and al-Rimi cases still being developed 
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5. (C) On the Jaber al-Banna case, The AAG confided that his 
office still does not have custody of the suspect although he 
expects that to change "soon," adding that the AG himself 
was, "following the case closely."  As for the Abdullah 
al-Rimi case, the AAG noted that his office was under PSO 
orders not to give the USG access to the suspect. (Note: it 
was not clear whether the PSO prevented AG access to al-Rimi 
as well, although this appears to be the case. End Note). 
Legatt reminded the AAG that President Saleh himself, on two 
occasions, had promised USG access to both individuals in 
meetings with senior U.S. officials.  AAG requested a letter 
from Legatt to the AG noting Saleh's promise and 
re-requesting permission.  AAG also asked for a copy of the 
questions that Legatt wanted to ask al-Rimi  Legatt provided 
the requested materials.  Finally, AAG urged Post or a 
high-level USG representative to again speak with the 
President and request that he, personally, order the PSO to 
allow Legatt access to the suspects. 
Krajeski