US embassy cable - 05NEWDELHI3647

C O N F I D E N T I A L SECTION 01 OF 02 NEW DELHI 003647 
 
SIPDIS 
 
E.O. 12958: DECL: 05/11/2015 
TAGS: PREL, PTER, IN, PK, AF, Counter-Terrorism, GOI 
SUBJECT: GOI RENEWS CALL FOR IC-814 INFO AS TRIAL NEARS END 
 
REF: A. NEW DELHI 2266 
     B. 04 NEW DELHI 5630 
     C. 04 NEW DELHI 5387 
     D. 03 NEW DELHI 3904 
     E. 02 STATE 139001 
 
Classified By: Charge Robert O. Blake, Jr., for Reasons 1.4 (B, D) 
 
1.  (U) This is an action request.  Please see paragraph 6. 
 
2.  (C) During a May 9 meeting with PolCouns and Poloff, MEA 
Director (Americas) Renu Pall delivered the following 
non-paper requesting USG assistance with the GOI 
investigation into the December 1999 IC-814 hijacking.  The 
non-paper is identical to the one that MEA Joint Secretary 
(Americas) S Jaishankar delivered on March 23 (Ref A), but 
this version added that the trial of 10 accused (including 
seven being tried in absentia) is entering its final stage 
and that the matter is "sensitive and important." 
 
Begin Text: 
 
The Government of India requests an urgent US response to the 
pending request, last taken up March 23, 2005, for assistance 
required by the Indian side from US authorities in connection 
with the IC-814 hijacking case. 
 
US response is awaited on the following: 
 
-- To liaise with the concerned American authorities relating 
to the reported seizure of documents relating to the 
hijacking of IC-814 by US forces operating in Afghanistan. 
 
-- To collect evidence relating to the landing of the flight 
at Kandahar and the roles played by Afghan Taliban 
authorities. 
 
-- To get the responses from Mr. Mansoor Akhtar, ex-Civil 
Aviation Minister in the Taliban Government of Afghanistan, 
and Mr. Akhtar Usmani, the Taliban corps commander in 
Kandahar (reportedly in the custody of the American 
authorities) during the hijacking crisis. 
 
--  Examine the possibilities of getting statements from some 
important Taliban functionaries, now reportedly under the 
custody of American authorities. 
 
-- Any additional information available regarding the 
whereabouts/location/hideouts of the seven Pakistani 
nationals involved in the hijacking of IC-814. 
 
-- Any information available in the United States on the 
conduct of these aforesaid seven accused terrorists prior to, 
during, and after the hijacking of IC-814. 
 
-- Any photographs that may be available in the United States 
of accused Abdul Rauf, a key conspirator. 
 
-- Any additional evidence available in the United States 
relating to the landing of the hijacked aircraft at Lahore 
Airport, its subsequent refueling, take-off, etc. 
 
An early response is requested since the trial of the case is 
at the final stage in India and the matter is sensitive and 
important. 
 
End text. 
 
FBI Cooperating 
--------------- 
 
3.  (C) Legatt recently confirmed with FBI/Washington that 
FBI -- and the US military -- have shared all information 
relevant to the hijacking of IC-814 with the Central Bureau 
of Investigation (CBI), India's lead federal law enforcement 
agency, and that CBI has been informed to that effect. 
Legatt also reports that FBI will not agree to requests it 
deems "fishing expeditions," but that he has not conveyed 
this sentiment to CBI.  In January-February 2005, CBI handed 
to visiting FBI Special Agents hundreds of documents for the 
US prosecution of IC-814 principals that had not been 
previously shared (Ref A), adding that they were only sharing 
"what we think you need to know." 
 
4.  (C) Separately, in April, the Indian IC-814 prosecutor 
told Assistant US Attorney Steven Pelak, who is prosecuting 
the American IC-814 case, that the Indian trial has passed 
the phase of presenting evidence. 
 
Comment 
------- 
 
5.  (C) The successful prosecution in India of the IC-814 
hijackers would further our own CT agenda, and USG 
cooperation to the fullest extent possible would advance our 
bilateral relations as well, given the strong symbolism this 
case has with New Delhi.  Legatt New Delhi reports that the 
FBI has already cooperated extensively on this matter, and it 
is not clear from our non-expert perspective that the GOI's 
recent requests for information will further its prosecution. 
In any case, this formal MEA request reflects senior level 
attention to the IC-814 matter, and a perception at that 
level that the USG has been less than fully forthcoming. 
 
6.  (C) Action Request:  We need to bring an end this ongoing 
cycle of requests (Refs A-E), and a clear negative response 
would be preferable to perpetuating a fruitless dialogue. 
The FBI has reportedly exhausted its ability to cooperate, 
and we should directly inform both CBI and MEA to that 
effect, with specific confirmation on what evidence is or is 
not in US possession. 
 
7.  (U) Minimize considered. 
BLAKE