US embassy cable - 05SANAA276

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 000276 
 
SIPDIS 
 
E.O. 12958: DECL: 02/07/2015 
TAGS: PTER, PREL, ASEC, YM, COUNTER TERRORISM 
SUBJECT: HARSHER SENTENCES AWARDED AND APPEALS REJECTED IN 
YEMEN'S TERRORISM TRIAL 
 
REF: A. SANAA 2328 
     B. SANAA 2535 
 
Classified By: By DCM Nabeel Khoury for reasons 1.4 (d) and (b). 
 
1. (U) In the Yemeni legal system, both defense and 
prosecution can appeal a ruling.  On February 6 a Sanaa 
Appellate Court resentenced one defendant to death (from a 
ten year sentence), awarded harsher sentences for two 
defendants and upheld the sentences of the remaining 
defendants in the group terrorism trial (Ref A).  The 
defendants are charged with involvement in the 11/02 attack 
on the Hunt Oil helicopter, the 10/02 attack on the oil 
tanker M/V Limburg, the 08/02 al-Qaddissia explosion and the 
2002 plot to assassinate the U.S. Ambassador. 
 
2. (U) After the February 6 decision, three sentences were 
amended as follows: 
 
Two sentences were increased from ten to fifteen years in 
prison for the 2002 attack on the French tanker M.V. Limburg: 
 
-- Omer Sa'id Jarallah 
-- Fawzi al-Hababi 
 
One sentence was increased from ten years to death for 
plotting to attack the Civil Aviation and Meteorology 
Authority (i.e. Hunt Helicopter attack), the killing of a 
Ministry of Interior policeman and for planning to kill the 
U.S. Ambassador to Yemen: 
 
-- Fawaz al Rabi'ea 
 
3. (U) The remaining sentences were upheld: 
 
Three sentences of ten years in prison for the 2002 attack on 
the French tanker 
M.V. Limburg: 
 
-- 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): 
 
-- 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 (i.e. the 
al-Qadissiya explosion): 
 
-- Salim al-Dulaymi 
-- Kahled al-Juloab 
 
Death for killing a Ministry of Interior policeman while 
fleeing from the attack on the Hunt helicopter: 
 
-- Hizam Mujallad 
 
4. (SBU/NF) Chief Prosecutor, Saeed al-Aqel, told Pol/Econoff 
on February 7 that he was surprised at the new verdicts, but 
noted that his whole strategy from the beginning was to 
concentrate on winning in the appeal process.  He added that 
he "now felt rested," and expected the Supreme Court to 
uphold the amended verdicts.  Aqel said he expects a decision 
in the USS COLE appeal (Ref B) to be issued on or about March 
1. 
 
5. (C) Comment: The Appellate Court's firmer sentence for 
Fawaz al-Rabi'ea is a step forward for ROYG CT cooperation in 
two ways.  One, evidence strongly points to Rabi'ea being one 
of two ring leaders for the loosely affiliated al-Qaeda 
members in the group trial.  The Appellate decision confirms 
this view.  Second, in sentencing Rabi'ea to death, the court 
applied two legal concepts foreign to Yemeni courts: 
conspiracy and complicity.  This precedent allows the ROYG to 
appropriately punish terrorist conspirators in the absence of 
a specific terrorism law and could serve as a model for 
future cases in Yemen.  End comment. 
Krajeski