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Cablegate: German Federal Prosecutor Declines Investigating

VZCZCXYZ0000
OO RUEHWEB

DE RUEHRL #3587 3631228
ZNR UUUUU ZZH
O 291228Z DEC 06
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6525
INFO RHMFISS/CDRUSAREUR HEIDELBERG GE PRIORITY
RHMFIUU/COMSOCEUR VAIHINGEN GE PRIORITY
RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY
RHMFISS/FOB EUCOM DET MUNICH HOUSE MUNICH GE PRIORITY
RHMFIUU/HQ USAFE RAMSTEIN AB GE PRIORITY
RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY
RUEKJCS/HQ USEUCOM LO WASHINGTON DC PRIORITY
RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUKAAKA/USAREUR ACE DARMSTADT GE PRIORITY

UNCLAS BERLIN 003587

SIPDIS

SENSITIVE

STATE FOR EUR/AGS
SIPDIS

E.O. 12958: N/A
TAGS: KLIG KJUS PREL GM
SUBJECT: GERMAN FEDERAL PROSECUTOR DECLINES INVESTIGATING
EUCOM FOR ALLEGED RENDITIONS

REF: BERLIN 3447

1. (SBU) German Federal Prosecutor Monika Harms has decided
that she is not responsible for investigating six EUCOM
officers in Stuttgart for allegedly planning the kidnapping
and rendition of six Algerian nationals from Sarajevo to
Guantanamo Bay via Germany in 2002, according to December 29
German news reports. According to her spokesman, "kidnapping
in the framework of fighting terrorism does not fall under
the criminal offense of abduction, for which political
persecution is presumed."

2. (SBU) USAREUR and EUCOM contacts commented to Emboff that
this is "good news" for the U.S. Forces in Europe. The EUCOM
contact said the federal prosecutor's decision not to pursue
an investigation in this particular case clarifies a general
principle that should be applied to similar cases in the
future. (Note: Harm is following a precedent set in 2004 by
her predecessor Kay Nehm, who declined to investigate the
alleged "abduction" by CIA officers of Egyptian national Abu
Omar. Nehm also ruled that the alleged CIA "abduction" was
not the result of political persecution and referred the case
back to local prosecutors. End note.) Nevertheless,
according to the German news accounts, the local Stuttgart
prosecutor's office still has the option of pursuing an
investigation of its own on different charges.
3. (SBU) Post is continuing to follow this case and will
report additional substantive information septel.
KOENIG

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