US embassy cable - 05SANAA2206

C O N F I D E N T I A L SANAA 002206 
 
SIPDIS 
 
E.O. 12958: DECL: 08/09/2015 
TAGS: PTER, PREL, YM, AESC, COUNTER TERRORISM 
SUBJECT: TERROR TRIAL UPDATE: SIX AQ DEFENDANTS SENTENCED 
 
REF: SANAA 419 
 
Classified By: DCM Nabeel Khoury for Reasons 1.4 (b) and (d). 
 
1. (SBU) Summary. On August 8, the Sanaa Special Penal Court 
concluded the trial of eight suspected Al-Qaeda members for 
planning an attack on the Italian and British embassies as 
well as the Sanaa French Cultural Center (reftel).  Five of 
the eight defendants were found guilty of "conspiracy to 
organize an armed gang to carry out a criminal plot to 
threaten peace."  One of the eight was found guilty of 
"forgery of a passport."  Two of the eight were found not 
guilty.  End Summary. 
 
2. (SBU) On August 8, the Sanaa Special Penal Court announced 
verdicts and sentences for eight AQ defendants accused of 
planning to attack the Italian and British embassies and the 
French Cultural Center.  The ringleader of the group, a 
20-year-old Iraqi citizen named Anwar al-Jalani, received a 
four-year sentence for "conspiracy to organize an armed gang 
to carry out a criminal plot to threaten peace."  Four other 
defendants were found guilty of the same crime: 
 
-- Khaled al-Bitatti and Abed al-Basrah, Yemeni nationals, 
each sentenced to three years and four months, 
 
-- Mohammed Khaithi and Ahmed Khaithi, Syrian nationals, each 
sentenced to three years and two months. 
 
One defendant, Omran al-Faqih, a Yemeni national, received a 
two-year sentence for "forgery of a passport."  Majid Mizan 
and Salah Nu'eman, Yemeni nationals, were found not guilty. 
 
3. (C) In February, the Attorney General's (AG) office 
revealed that it was considering trying thirteen defendants 
in this case but refused to provide Legatt with their names 
(reftel).  In May, the office decided that it lacked 
sufficient evidence against five of the potential defendants, 
including one female. 
 
4. (C) Lead Prosecutor on terror related crime, Sa'id 
al-Aqel, told poloff on August 10 that the AG's Office would 
appeal the sentences and verdicts of every defendant except 
Faqih.  He hopes for eight to ten year sentences for all of 
the defendants and guilty verdicts for Mizan and Nu'eman.  He 
also revealed that Jalani might have "other cases" pending in 
the near future, although he would not elaborate. 
 
5. (C) Comment: Despite the absence of legal precedent or a 
specific terrorism law, this case demonstrates how far the 
Yemeni court system has come in more fully developing 
conspiracy theories in terrorist cases.  The defendants' 
lighter sentences demonstrate that Yemeni courts still lack 
the ability to appropriately punish terrorist conspirators 
where a crime does not result in death or injury.  Post will 
monitor the progress of the appeals process and report as 
appropriate. End Comment. 
 
Krajeski