US embassy cable - 05SANAA419

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 000419 
 
SIPDIS 
 
E.O. 12958: DECL: 02/27/2015 
TAGS: PTER, PREL, YM, AESC, COUNTER TERRORISM 
SUBJECT: YEMEN TERROR TRIALS UPDATE: COLE DEATH SENTENCE 
COMMUTED, 11 OF THE "28+2" ON TRIAL, AAG READY WITH BANNA 
 
REF: A. SANAA 2535 
     B. SANAA 0175 
 
Classified By: DCM Nabeel Khoury for Reasons 1.4 (b) and (d). 
 
 1. (C) Summary. On 2/26 the Sanaa Appellate Court commuted 
the death sentence of  U.S.S. Cole defendant Jamal Badawi to 
15 years in prison and upheld the death sentence for Abd 
al-Rahim Nashiri (ref a).  On 2/27 Assistant Attorney General 
(AAG) Sharaf al-Mahbashi along with Lead Prosecutor Saeed 
al-Aql met with Legatt and FPD to discuss the decision, the 
current case of eleven defendants who are part of the "28 
plus 2," the status of Yemeni detainees Jaber al-Banna and 
Abdullah al-Rimi, and a thwarted plot to blow up selected 
Western targets in Sanaa. End Summary. 
 
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One Death Sentence Commuted in Cole Appeal 
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2. (U) On 2/26 the Sanaa Appellate Court reduced sentences in 
two of the U.S.S. Cole trial verdicts and upheld four 
decisions: 
 
-- Jamal Badawi: death sentence commuted to 15 years in 
prison. 
 
-- Abd al-Rahim Nashiri (tried in absentia): death sentence 
upheld. 
 
-- Fahd al-Quso: sentence of 10 years upheld. (Quso was 
involved in planning, but did not directly participate in the 
attack.) 
 
-- Ali Muhammed al-Murrakkab and Murad al-Surouri: five year 
sentences upheld, out of a maximum seven. 
 
-- Mamoun Al-Mussawah: sentence reduced to five years. 
Mussawa originally received eight years (out of a maximum ten 
years) for planning the attack. 
 
3. (SBU/NF) In a 2/27 meeting with Legatt and FPD, AAG Sharaf 
Addin Al-Mahbashi expressed "shock" at the appellate 
decisions, particularly with the Badawi verdict.  Promising 
that his office would appeal the case after it determined the 
basis of the court's decision, Mahbashi said that Nashri, who 
was sentenced to death in abstentia, would likely be afforded 
a new trial once he was in Yemeni custody. 
 
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Eleven Security Detainees on Trail, 15 Released 
--------------------------------------------- -- 
 
4. (C) Turning to the "28 plus 2" security detainees the USG 
expressed grave concerns over their potential release under 
last November's Ramadan Amnesty (ref b), AAG told emboffs 
that eleven defendants are currently on trial in the Yemeni 
Special Penal Court.  The eleven, all of whom confessed to 
Prosecutor Saeed al-Aql, are on trial for, "Forgery with 
Intent to Aid Terrorism," and "Possession of Weapons with 
Intent to Aid Terrorism."  Mahbashi repeatedly assured Legatt 
that another fifteen defendants who were originally on the 
list of "28 2,"  were released to the custody of a third 
party (i.e. relatives) with notices sent to governorate or 
local authorities should they be required to stand trial at a 
later date. 
 
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One Trial Unexpected 
-------------------- 
 
5. (C) In a surprise announcement, AAG informed Legatt that 
his office is considering trying 13 defendants for planning 
to attack the Italian and British embassies as well as the 
French Cultural Center.  Adding that twelve of the thirteen 
have confessed, Mahbashi said that the ringleader is a 
20-year-old Iraqi citizen.  He noted that there were Yemeni, 
Kuwaiti and Saudi nationals among those in custody.  AAG 
refused Legatt's request for names until a trial was 
underway. 
 
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Al-Rimi in AG's Custody; Al-Banna is Not 
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6. (C) Concerning Abdullah al-Rimi, AAG stated that his 
office now had full access to the suspect and that Legatt was 
welcome to send an FBI team to help in the investigation. 
AAG warned Legatt not to inform Political Security (PSO) of 
the offer.  On Jaber al-Banna, the AAG confided that his 
office still does not have custody of the suspect despite an 
official letter and several requests to the Minister of 
Interior (MOI).  He repeated that he would inform Legatt of 
any new developments. 
 
7. (C) Comment: While the appellate court ruling is a setback 
for U.S. and Yemen CT interests, the efforts executed by the 
AAG in prosecuting this case and the partnership established 
between the Mission and his office are encouraging signs for 
continued cooperation.  Embassy will discuss the matter with 
relevant ministries to support the AAG in his efforts to take 
the appeal to the Supreme Court.  End comment. 
Krajeski