Cablegate: Law Enforcement Cooperation: Uss Cole Defendants -

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SANAA 000837

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PTER CJAN YM DEMARCHE COUNTER TERRORISM
SUBJECT: LAW ENFORCEMENT COOPERATION: USS COLE DEFENDANTS -
ALIMI DEMARCHE

REF: STATE 75508

1. (SBU) Ambassador, accompanied by LEGATT and NCIS rep,
carried out demarche reftel with Minister of Interior Alimi
on Wednesday, April 7. Ambassador noted his intention to
reiterate points to prosecutor general early week of April
10. Alimi confirmed that prosecutor general is appropriate
interlocutor on these issues, but provided his views.

2. (SBU) In response to Ambassador's request for rendition of
Quso and Badawi, Alimi reiterated longstanding ROYG position
that it would prosecute, but not render Yemeni citizens
accused of terrorist acts. In turn, Alimi requested that USG
render to Yemen for prosecution Nashiri and Khalad bin
Attash. Such renditions would resolve ROYG problem of
structuring a prosecution that included all those responsible
for Cole attack. Ambassador replied USG needs to retain
these individuals as they continue to provide important
intelligence on al-Qa'ida. Alimi speculated that the ROYG
might try them in absentia.

3. (SBU) Alimi expressed ROYG desire to cooperate fully with
USG in pending prosecutions where US citizens are victims.
He noted Yemeni law accords victims' families or
representatives extensive privileges, including presence at
trial and sharing of prosecution's information. When
Ambassador inquired about continued access to defendants,
Alimi replied that is a question for the prosecutor general
to resolve.

4. (SBU) COMMENT: Embassy/FBI/NCIS have some experience with
Yemeni prosecution procedures based on trial in Ibb of
murderer of US medical personnel in December 2002. FBI rep
was present during this trial and gained significant access
to prosecution's case file, but not access to defendant
himself. We will be following up with prosecutor general to
gain specifics for upcoming trials and possible access to
detainees.
HULL

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