US embassy cable - 03SANAA1752

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 001752 
 
SIPDIS 
 
DEPARTMENT FOR S/CT BLACK AND NEA DIBBLE, S/CT, DOJ FOR 
DAAG BRUCE SWARTZ, NSC FOR TOWNSEND 
 
E.O. 12958: DECL: 07/19/2013 
TAGS: ASEC, KJUS, PGOV, PTER, MARR, PARM, PREL, GM, YM, COUNTER TERRORISM, TERFIN 
SUBJECT: FM QIRBI DELIVERS DIRECT MESSAGE ON ANTICIPATED 
AL-MOAYAD EXTRADITION DECISION 
 
REF: SANAA 1586 
 
Classified By: Ambassador Edmund J. Hull for reasons 1.5 (b, d) 
 
1. (c) Summary:  Foreign Minister Qirbi requested a meeting 
with the Ambassador July 19 to renew the ROYG,s request that 
the U.S. withdraw its extradition request from Germany and 
allow Yemen to host the trial of al-Moayad and his colleague. 
 Qirbi also delivered points indicating that such a 
withdrawal would have a positive impact on ROYG,s 
counter-terrorism efforts (full text translation in paragraph 
9 below).  Pol/Econ Chief and Deputy Chief accompanied the 
Ambassador.  End Summary. 
 
2. (c) Qirbi called in the Ambassador in anticipation of the 
announcement of the German court,s ruling on the al-Moayad 
extradition expected July 21.  Qirbi is aware that the ruling 
has already been made, but not of its content.  He said the 
German Ambassador, who met with Qirbi immediately before the 
Ambassador, was also not informed of the court,s decision. 
 
3. (c) According to Qirbi, the ROYG will suggest that 
Al-Moayad appeal to the constitutional court in Germany if 
judged extraditable.  He said that this will give the U.S. 
&time to reconsider its extradition request.8  He then read 
part of the July 19 diplomatic note (para. 9) in Arabic to 
make absolutely clear their concerns about the potential 
harmful effects of the German court,s decision and to 
reiterate that ROYG is willing to prosecute al-Moayad in 
Yemen, if the evidence is supplied.  He noted that similar 
points had just been delivered to the German Ambassador. 
 
4. (c) Qirbi responded positively to the Ambassador,s 
question of whether al-Moayad would take the ROYG,s advice 
to appeal.  He said that the facts of the German court,s 
ruling and the suggestion to appeal the decision would form 
the substance of any official statements concerning the 
matter. 
 
5. (c) The Ambassador also asked if the ROYG has suggested to 
al-Moayad that he cooperate with the investigating 
authorities.  Qirbi was somewhat evasive, indicating that the 
suggestion had been made, but he was not certain the 
information had actually been passed to al-Moayad. 
 
6. (c) The Ambassador said that the information provided 
would be passed to Washington at the appropriate levels, and 
that the U.S. would give serious consideration to Yemen,s 
views.  He strongly expressed that it would be helpful for 
the ROYG to make a public statement along the lines suggested 
by Qirbi that also discouraged violence or extremist 
reactions that might target U.S. or German citizens, as 
previously discussed (reftel).  Qirbi said that the Ministry 
of Interior (MOI) is working on the issue.  The Ambassador 
told Qirbi that the Embassy plans to give U.S. citizens 
notice of the preliminary decision and the anticipated appeal 
and, that while there are no particular threats, caution is 
advised. 
 
7. (u) Yemeni television and press (al-Thawra) reported July 
20 on the July 19 MFA meeting with the U.S. and German 
ambassadors and noted that the ROYG asked the U.S. to 
withdraw its extradition request; no mention was made of any 
U.S. response to the request or of Yemen,s recommendation 
that al-Moayad appeal. 
 
8. (c) Comment:  FM Qirbi is positioning the government to 
state that it has contacted the U.S. and Germany in a 
concerted effort to protect al-Moayad,s rights.  It is 
probable that the undefined steps by the MOI involve 
discussions with tribal leaders that support al Moayad to 
impress upon them that the government is addressing the 
issue.  Post will prepare a warden message in anticipation of 
the July 21 announcement of the German court,s ruling that 
cautions Amcits to be careful.  Pending final actions by the 
German judicial system and extradition to the U.S., Post 
anticipates that most demonstrations or petitions are more 
likely to be directed at the Germans.  End comment. 
9. (u) Translation of July 19 diplomatic note from the 
Ministry of Foreign Affairs. 
 
(begin text) 
 
The Ministry of Foreign Affairs of the Republic of Yemen 
extends its best regards to the Embassy of the friendly 
United States in Sanaa. 
 
In reference to the communications between the Republic of 
Yemen and friendly United States of America regarding the 
issue of Yemeni citizens Mohamed Hassan al-Muayed and his 
entourage, whom the U.S demands the German Federal Republic 
extradite to be tried in the U.S on alleged charges of being 
associated with terrorism, and with regard to the ROYG's 
request from the government of the United States to withdraw 
its (U.S) demand to the German Federal Republic, 
 
And in reference to the communications conducted with the CIA 
and FBI, the Ministry of Foreign Affairs herein renews ROYG's 
request from the U.S of withdrawing that demand and confirms 
ROYG's readiness to present Sheikh al-Muayed and his 
entourage to a fair trial after their return to the Republic 
of Yemen and after receiving files of the alleged accusations 
against them. 
 
The United States is aware through its experience of 
cooperation between the two countries (ROYG and U.S.) that 
Republic of Yemen will not disregard tracking down and 
punishing terrorists and all those connected to terrorism. 
 
Based on the existing close cooperation between the 
governments of Yemen and America, the government of the 
Republic of Yemen emphasizes the importance of the U.S 
withdrawing of its request of extraditing Sheikh al-Muayed 
and his entourage to the U.S and to be handed over instead to 
the government of Republic of Yemen in promoting the 
relationship. 
 
The U.S. withdrawal of its demand will have a positive impact 
on the efforts of ROYG in confronting extremism, violence and 
terrorism which will double efforts and cooperation of the 
two countries in combating terrorism, will also promote the 
emphasis in the significance of cooperation in this field, 
and will enable Yemen to avert any negative consequence of 
this case. 
 
The Ministry of Foreign Affairs of the Republic of Yemen 
avails itself of the opportunity to express its greatest 
respect and highest consideration to the Embassy of the 
friendly United States of America. 
 
(end text) 
HULL