VZCZCXRO2652
PP RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ
RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHAG #0002/01 0281249
ZNR UUUUU ZZH
P 281249Z JAN 08
FM AMCONSUL HAMBURG
TO RUEHC/SECSTATE WASHDC PRIORITY 0206
INFO RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUCNFRG/FRG COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHAG/AMCONSUL HAMBURG 0226

UNCLAS SECTION 01 OF 02 HAMBURG 000002 
 
SIPDIS 
 
DEPARTMENT FOR EUR/AGS, EUR/PPD, L/LEI, AND S/CT 
JUSTICE FOR BARBARA BERMAN AND PATRICIA REEDY 
DHS FOR MARK KOUMANS 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER KJUS KHLS PREL ASEC GM
SUBJECT: GERMAN AL QAEDA ACCOMPLICE FOUND GUILTY 
 
REF: A. A) DUSSELDORF 0002 
 
     ¶B. B) 07 HAMBURG 0052 
     ¶C. C) 07 DUSSELDORF 0037 
     ¶D. D) 07 BERLIN 1398 
 
HAMBURG 00000002  001.2 OF 002 
 
 
SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION 
 
¶1.  (SBU)  SUMMARY:  On January 24, the Schleswig- Holstein 
Higher Regional Court (OLG) convicted Redouane El-Habhab of 
founding a foreign terrorist organization and assisting a 
terrorist organization and sentenced him to a five year and nine 
month prison term.  The verdict is not yet legally binding and 
can be appealed before the Federal Supreme Court (BGH) within a 
week following the verdict.  The case was unique in that for the 
first time the Internet was considered both a tool and crime 
site in a German terrorist trial.  Intricately gathered evidence 
from Internet phone protocols played a critical role in the 
trial, which prompted the chief judge to speak out strongly in 
support of online searches - an issue that continues to be 
contentiously debated nationally.  A reference in the reading of 
the verdict indicated that fugitive Hamburg 9/11 cell member 
Said Bahaji is still attempting to contact his wife in Hamburg. 
END SUMMARY. 
 
-------------------------------------- 
Guilt Proven to the Full Extent 
-------------------------------------- 
 
¶2.  (U)  On the evening of January 24, the First Criminal Senate 
of the Schleswig OLG in Schleswig-Holstein sentenced 
Moroccan-born German national El-Habhab to a five year and nine 
month prison term, thus ending a trial that lasted exactly six 
months.  Chief Judge Mathias Hohmann stated that El-Habhab was 
clearly guilty of forming a foreign terrorist organization and 
"doubtlessly and directly benefited Al Qaeda in Iraq."  He added 
that El-Habhab's actions had clear indications of terrorist 
activity (e.g. secured evidence on El-Habhab's hard disks such 
as details on military operations, weapons, and guerilla 
warfare).  Similar to the information portal Wikipedia, Hohmann 
added that Al Qaeda succeeded in creating a site that could 
arguably be named "Wikiqaeda," which Muslim extremist users both 
utilize and expand.  Moreover, he pointed out that El-Habhab had 
contact with the highest Al Qaeda levels through his 
relationship with Abu Taisir.  The judge pointed out that 
El-Habhab swore an oath of faith to Taisir.  He also stated that 
Taisir called El-Habhab to instruct him to get in contact with 
the wife of fugitive Hamburg 9/11 cell member Said Bahaji and 
bring her to Pakistan.  To further underscore El-Habhab's 
contacts with the senior Al Qaeda leadership, the judge said 
that El-Habhab met Khaled (ph.), the Syrian proconsul of Al 
Qaeda in Iraq. 
 
¶3.  (U)  The judge stated that El-Habhab took Osama bin Laden's 
call on jihadists to "focus their attention on Sudan" to heart 
by organizationally and tactically recruiting jihadists for the 
fight against "infidels" and "crusaders" (e.g. by the use of a 
questionnaire on jihadists' abilities and qualifications).  The 
judge added that the core of the Sudanese terrorist organization 
was created through El-Habhab's efforts, and that the 
organization would likely have grown further. 
 
--------------------------------------------- -------------- 
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"Second Life" is Not Applicable:  Real Crimes Committed in Real 
World 
--------------------------------------------- -------------- 
------------------------------ 
 
¶4.  (U)  At the outset of the reading of the verdict, the judge 
alluded to the importance of the Internet in the trial.  He 
noted that it was the first time in a German terrorist trial 
that the Internet was both a tool and site of crime.  He noted 
that this fact made the circumstance surrounding the case less 
clear cut than in the case of a bank robbery where there are 
"witnesses, victims and a police car chasing the culprits." 
However, he underscored:  "The actions took place at a PC and 
not in `Second Life.'  The nicknames (of jihad sympathizers) 
were no avatars such as in `Second Life' and the actions of the 
accused manifested themselves in the real world (i.e. money 
transfers through Western Union, logistics and recruitment for 
Sudanese terrorist organization).  The offer of 5,000 USD was in 
real dollars, not `Linden Dollars.'  He concluded that true 
offenses and crimes were committed via the Internet." 
 
--------------------------------------------- -------------- 
----------------------- 
Online Searches Would Assist in Uncovering Terrorist Activity 
--------------------------------------------- -------------- 
 
HAMBURG 00000002  002.2 OF 002 
 
 
----------------------- 
 
¶5.  (U)  Hohmann pointed out that classic written messages were 
first introduced as evidence, with records from Internet 
telephone conversations added later.  He explained this delay by 
noting that "it takes time to develop complex new software able 
to decrypt signals."  The judge underscored that it was not the 
court's business to engage in policy-making.  However, referring 
to the current debate on online searches, he pointed out that 
"we know that part of the call for online searches is to tap 
Internet phone calls before data is encrypted in order to avoid 
the difficulty of decryption;" and expressed appreciation for 
this practice. 
 
--------------------------------------------- ---------------- 
The Guilty Charges in Detail:  Bonus for Remorse 
--------------------------------------------- ----------------- 
 
¶6.  (U)  The court found El-Habhab guilty on one count of 
founding a foreign terrorist organization (in Sudan) and six 
counts of terrorist assistance actions.  Following are the 
sentences for the individual charges: 
 
--  1 year and 6 months for the transfer of 1,000 Euros for the 
purpose of trafficking three Egyptians to Iraq; 
--  2 years and 6 months for attempted bomb-building training in 
Algeria; 
--  A total of 8 years and 9 months for smuggling four 
individuals; 
--  2 years and 9 months for the foundation of a foreign 
terrorist organization. 
 
However, in accordance with paragraph 46 of the German Criminal 
Code, the overall sentence was reduced to five years and nine 
months.  In determining the sentence, the judge favorably 
considered El-Habhab's  willingness to testify, his one and a 
half year imprisonment on remand, his abdication of restitution 
of cash confiscated during the search of his Internet cafi, and 
his critical self-assessment of his activities and reference to 
them as "adventurous mischief." 
 
¶7.  (SBU)  COMMENT:  Five years and nine months is a moderate 
sentence by American standards for a conviction of Al Qaeda 
terrorist activities.  Under the German Penal Code the court 
could have imposed a maximum sentence of up to ten years. 
However, even the Federal Prosecutor only pleaded for six and a 
half years.  With 18 months imprisonment on remand deducted and 
one third of the overall sentence forfeited for good conduct, 
Habhab can walk free in two years and four months.  The wider 
importance of the trial lies in the judge's vivid illustration 
of how online searches could contribute to uncovering terrorist 
activity and simplifying the lines of reasoning in terrorist 
trials.  In view of the continued controversy concerning online 
searches in Germany, this trial underscored and supported 
arguments in favor of this practice in fighting terrorism.  END 
COMMENT. 
 
¶8.  (U)  This message has been coordinated with Embassy Berlin. 
JOHNSON