US embassy cable - 05MADRID1584

C O N F I D E N T I A L SECTION 01 OF 03 MADRID 001584 
 
SIPDIS 
 
E.O. 12958: DECL: 04/22/2015 
TAGS: PTER, PREL, SP, Counterterrorism 
SUBJECT: MASS TRIAL OF AL-QA'IDA SUSPECTS GETS UNDERWAY 
 
Classified By: Political Counselor Kathy Fitzpatrick; reason 1.4 (D). 
 
1. (U) Spanish prosecutors launched their case against 
al-Qa'ida financier Imad Eddin Barakat Yarkas and 23 
associated defendants on April 22 before the Fifth Magistrate 
of Spain's National Court.  The defendants were named in a 
September 2003 indictment handed down by high-profile judge 
Baltasar Garzon against 35 alleged terrorists, including 
Osama bin Laden, but only the 24 suspects in Spanish custody 
are being tried.  Three of the defendants -- Yarkas, Driss 
Chebli, and Ghasoub al Abrash Ghalyoun -- are each charged 
with 2,500 counts of murder in connection with their alleged 
logistical support for the September 11 attacks.  They face 
maximum 40-year terms if convicted.  The 21 other defendants 
are charged with lesser crimes, including membership in a 
terrorist organization, possession of explosives, and 
document fraud, and face sentences ranging from 9 to 27 
years.  Yarkas has been held since November 2001, when 
Spanish authorities began to intensify police activities 
against Islamist terrorist suspects in response to the 
attacks on New York and Washington. 
 
2. (U) The trial is being held in a specially prepared 
courtroom on the western outskirts of Madrid.  According to 
press reports, the trial is expected to last up to four 
months.  Though the case was initiated by Judge Garzon, the 
presiding magistrates during the trial phase will be Javier 
Gomez Bermudez, Angela Murillo, and Ricardo Rodriguez 
Gutierrez.  The prosecution will be led by Pedro Rubira, a 
specialist in Islamic terrorism investigations.  Embassy 
personnel will attend most sessions of the trial and we have 
requested transcripts of the daily sessions. 
 
//USG COULD BE BLAMED FOR LACK OF ACCESS TO WITNESSES// 
 
3. (C) By most accounts, investigators have failed to obtain 
significant information to support charges that Yarkas knew 
of plans for the September 11 attacks and/or that Yarkas 
provided logistical support to 9/11 ringleader Mohamed Atta 
during Atta's visit to Spain in July 2001.  A review of the 
prosecutor's report on Yarkas and his co-defendants (e-mailed 
to EUR/WE) reveals significant circumstantial evidence to 
support the conclusion that Yarkas and his associates were 
involved in a broad range of activities in support of 
al-Qa'ida from at least 1995 onward, but few details to 
support charges related to their involvement in planning for 
the 9/11 attacks.  Spanish judicial officials, including 
Garzon, have complained bitterly to the USG throughout their 
investigation regarding their lack of access to U.S.-held 
al-Qa'ida members -- including Khalid Sheik Mohammad, Abu 
Zubayda, and Ramzi Binalshibh -- whose testimony they say is 
crucial to their case against Yarkas and the other 
defendants.  As the trial continues, and particularly if the 
prosecution's case begins to falter, we anticipate increased 
public criticism of the USG decision to deny access to the 
al-Qa'ida detainees. 
 
//DEFENDANTS IN BARAKAT YARKAS CASE// 
 
4. (U) The following information was compiled from 
prosecution documents and press reports: 
 
A. Immad Eddin BARAKAT YARKAS.  DPOB: 1963, Aleppo, Syria. 
Aliases: Abu Dahdah 
Spanish citizen. 
Charges: Membership in a terrorist organization, murder 
during commission of a terrorist act, falsification of 
documents 
Maximum sentence: 65,512 years (Can serve maximum of 40 years) 
 
B. Bassam DALATI SATUT.  DPOB: 1959, Aleppo, Syria. 
Aliases: Abu Abdo 
Spanish citizen. 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
C. Najib CHAIB MOHAMED.  DPOB: 17 FEB 1966, Nador, Morocco. 
Aliases: None cited 
Spanish citizen. 
Charges: Membership in a terrorist organization, illegal 
possession of weapons, illegal possession of explosives 
Maximum sentence: 27 years 
 
D. Luis Jose GALAN GONZALEZ.  DPOB: 1965, Madrid, Spain. 
Aliases: Yusuf Galan 
Spanish citizen 
Charges: Membership in a terrorist organization, illegal 
possession of explosives 
Maximum sentence: 18 years 
 
E. Abdulla KHAYATA KATAN.  DPOB: 03 APR 1976, Aleppo, Syria. 
Aliases: Abu Ibrahim 
Spanish citizen 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
F. Ousama DARRA.  DPOB: 26 JAN 1966, Damascus, Syria. 
Aliases: Abu Thabet, Abu Bashir 
Legal resident of Spain. 
Charges: Membership in a terrorist organization, fraud 
Maximum sentence: 12 years 
 
G. Mohamed NEEDL ACAID.  DPOB: 1 MAR 1967, Damascus, Syria. 
Aliases: Nidal 
Legal resident of Spain. 
Charges: Membership in a terrorist organization, fraud 
Maximum sentence: 12 years 
 
H. Sid AHMED BOUDJELLA.  DPOB: 23 JUL 1971, Algiers, Algeria. 
Aliases: Sidli 
Legal resident of Spain 
Charges: Cooperation with a terrorist organization, fraud 
Maximum sentence: 10 years 
 
I. Mohamed ZAHER ASADE.  DPOB: 1967, Syria. 
Aliases: Abu Hmeid 
Legal resident of Spain 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
J. Abdalrahman ALARNOT.  DPOB: 06 FEB 1965, Damascus, Syria. 
Aliases: Abu Aljer, Abu Obed 
Spanish citizen 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
K. Abdelaziz BENYAICH 
NO BIOGRAPHIC DATA AVAILABLE FOR BENYAICH 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
L. Jasem MAHBOULE.  DPOB: 03 MAY 1962, Direzzor, Syria. 
Aliases: Abu Mohamed 
Legal resident of Spain 
Charges: Membership in a terrorist organization, illegal 
possession of weapons 
Maximum sentence: 18 years 
 
M. Hassan AL HUSSEIN.  DPOB: 01 JAN 1962, Dairozzor, Syria. 
Aliases: Abu Abbud, Abu Ubaida 
Legal resident of Spain 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
N. Sadik MERIZIAK.  DPOB: 1969, Fez, Morocco. 
Aliases: Abu Abdelrahman 
Legal resident of Spain 
Charges: Membership in a terrorist organization. 
Maximum sentence: 9 years 
 
O. Mohamed Ghaleb KALAJE ZOUAYDI.  DPOB: 03 JAN 1961, Aleppo, 
Syria 
Aliases: Abu Thala 
Spanish citizen 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
P. Ghasoub AL ABRASH GHAYOUN.  DPOB: 03 JUL 1965, Homs, Syria. 
Aliases: Abu Musab 
Spanish citizen 
Charges: Membership in a terrorist organization, murder 
during commission of a terrorist act, falsification of 
documents 
Maximum sentence: 65,512 years (Can serve maximum of 40 years) 
 
Q. Kamal HADID CHAAR.  DPOB: 17 FEB 1959, Aleppo, Syria. 
Aliases: Abu Nour 
Spanish citizen 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
R. Ahmad KOSHAJI KELANI.  DPOB: 13 SEP 1961, Hama, Syria. 
Aliases: Abu Ahmad 
Spanish citizen 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
S. Waheed KOSHAJI KELANI.  DPOB: 25 SEP 1954, Hama, Syria 
Aliases: Abu Mohamed 
Spanish citizen 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
T. Said CHEDADI.  DPOB: 1969, Tangier, Morocco. 
Aliases: None cited 
Legal resident of Spain 
Charges: Membership in a terrorist organization, Document 
fraud 
Maximum sentence: 12 years 
U. Mohamed KHAIR EL SAQQA.  DPOB: 04 FEB 1965, Homs, Syria 
Aliases: Abu al Darda, Abu al Dur 
Legal resident of Spain 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
V. Taysir ALONY KATE.  DPOB: 20 MAR 1955,  Ezor, Syria 
Aliases: Abu Musab 
Spanish citizen 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
W. Jamal HUSSEIN HUSSEIN.  DPOB: 06 SEP 1959, Abou Kemal, 
Syria 
Aliases: Abu Ali 
Legal resident of Spain 
Charges: Membership in a terrorist organization 
Maximum sentence: 9 years 
 
X. Driss CHEBLI.  DPOB: 28 FEB 1972, Touzine, Morocco. 
Aliases: None cited 
Legal resident of Spain 
Charges: Membership in a terrorist organization, murder 
during commission of a terrorist act, falsification of 
documents 
Maximum sentence: 65,512 years (Can serve maximum of 40 
years) 
MANZANARES