US embassy cable - 03FRANKFURT1212

UNCLAS SECTION 01 OF 02 FRANKFURT 001212 
 
SIPDIS 
 
SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION 
 
DEPARTMENT FOR EUR/AGS 
DEPARTMENT FOR INR/TNC - MIKE STEINITZ 
DEPARTMENT FOR INR/EU - BOWMAN MILLER AND SHIRLEY RUEDY 
DEPARTMENT FOR S/CT - PAUL BOYD AND STEPHANIE MOLNAR 
DEPARTMENT FOR DS/OP/EUR 
 
FBI FOR INTERNATIONAL OPERATIONS UNIT - SUE CURTIS 
FBI FOR COUNTERTERRORISM DIVISION - KEVIN FOUST 
 
JUSTICE FOR CRIMINAL DIVISION, OFFICE OF TERRORISM AND 
VIOLENT CRIMES - TERESA WALLBAUM 
 
E.O. 12958: N/A 
TAGS: PTER, PINR, PGOV, AG, GM 
SUBJECT: FEDERAL PROSECUTOR NEHM DESCRIBES GERMANY'S COUNTER- 
TERRORISM EFFORTS, EXPECTS ATTACK IN EUROPE 
 
REF: BERLIN 496 
 
1. (SBU) Summary: In a meeting with the Consul General on 
February 3, Federal Prosecutor Kay Nehm said that bilateral 
cooperation is good at the working level, despite recent 
tensions in overall German-American relations.  Nehm is 
confident that the Hamburg trial of Motassadeq will end soon 
and is pleased with the work of Chief Judge Mentz.  Nehm's 
office handles terrorism cases and he expressed concern 
about the current security situation in Germany, fearing 
suicide attacks in Europe or elsewhere in case of a war with 
Iraq.  His office has received better support from the new 
Federal Minister of Justice who took office last September 
and he is well staffed with new positions and resources. 
End Summary 
 
The Hamburg Trial 
----------------- 
 
2.  (SBU) The Federal Public Prosecutor is responsible for 
prosecuting crimes which threaten domestic security, in 
particular terrorism cases.  The office also prosecutes 
crimes affecting external national security such as 
espionage or genocide.  In a productive meeting on February 
3 with the Consul General, Federal Prosecutor Kay Nehm, a 
central figure in Germany's counter-terrorism efforts, made 
the following observations.  Nehm stated that the Motassadeq 
trial in Hamburg is making progress despite the problems his 
office has encountered in recent weeks.  He noted that 
sometimes it is difficult for the prosecutor to provide 
convincing evidence against the accused.  While interviews 
from Binalshib could not be used as evidence, it would not 
have helped Motassadeq in any case.  The prosecutors have 
been able to contradict Motassadeq's claims point by point. 
In that context, Nehm mentioned that German-U.S. cooperation 
is excellent despite differences in the two legal systems. 
Nehm also indicated that the U.S. may be expecting a much 
harsher verdict than the Hamburg court will deliver: fifteen 
years is the maximum sentence that can be expected in 
Germany.  Nehm hopes that the trial will end soon: the oral 
verdict is expected February 19 (reftel).  Nehm thinks Chief 
Judge Albrecht Mentz is doing excellent job. 
 
Nehm's Concerns about Terrorism 
------------------------------- 
 
3.  (SBU) According to Nehm, the Federal Prosecutor's Office 
is currently investigating approximately 60 cases, some of 
which are related to terrorism. (Note: Before German 
reunification, Nehm's office was investigating as many as 
300 espionage cases per year.  This number has declined 
dramatically.) In the case of Mamoun Darkazanli, a Hamburg 
merchant and alleged companion of Osama Bin Laden, suspected 
of laundering money, Nehm said that the law had prevented 
further pursuit of the case.  An investigation has been 
underway since last October, but with meager results and 
insufficient evidence to justify his continued detention. 
Nehm believes that Darkazanli was not a member of the 
Hamburg group. 
 
4.  (SBU) Nehm admitted that profiling efforts had not been 
very successful in counter-terrorism.  In battling the Red 
Army Faction (RAF), there were certain indicators, which 
helped locate the group's members (i.e. paying rent in 
cash).  Unfortunately, there are so many different types of 
Islamic extremists of different nationalities and with 
different goals, that they can find no similar set of 
behavior patterns to help locate suspects.  Nevertheless, 
police have put together a list of potentially dangerous 
persons.  The arrest of members of the Al-Tawhid group was 
the result of this. 
 
5. (SBU) The Federal Prosecutor expressed concern about the 
current security situation in Germany.  Although things seem 
quiet at the moment, he is certain an attack of some kind is 
being planned.  Therefore, every tip must be taken 
seriously.  Nehm mentioned the bureaucratic problem of the 
Bundesnachrichtendienst (BND) federal intelligence service. 
If the BND has information and passes it onto the police, 
the BND can no longer pursue the case.  The BND's function 
is limited to observation only, which has proven to be a 
significant disadvantage in counter-terrorism.  In case of 
an Iraq war, Nehm expects suicide attacks in Europe and 
other locations outside the Middle East.  He also expects 
that leftist extremists will try to undermine peace 
movements.  Nehm also voiced concern about a rise in violent 
crime perpetrated by ethnic Germans, and an increase in 
white-collar crime, especially corruption. 
 
6.  (SBU) Nehm was not shy in describing the relationship 
between him and his former boss, Federal Minister of Justice 
Herta Daeubler-Gmelin, as strained.  The relationship, he 
stated, had so deteriorated that he expected to be removed 
from his job.  (Note: Daeubler-Gmelin resigned the day after 
Germany's national elections on September 22, 2002 after 
making a controversial remark comparing President Bush to 
Hitler.)  Nehm described the Daeubler-Gmelin as "not very 
helpful" towards his organization.  Under the new Justice 
Minister, Brigitte Zypries (SPD) the atmosphere has improved 
significantly.  His office is managing the increased 
workload well and has 39 new positions.  In fact, he 
admitted that he now has the best resources of any ministry. 
 
German-American Relations 
------------------------- 
 
7.  (SBU) Throughout the meeting, Nehm repeatedly expressed 
his regret over the present tensions between Germany and the 
U.S. and stressed the importance of the bilateral 
relationship.  According to the Federal Prosecutor, 
relations at the working level, however, have not been 
affected and are functioning efficiently. 
 
8.  (U) This message was coordinated with Embassy Berlin. 
 
BODDE