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

C O N F I D E N T I A L SECTION 01 OF 02 ROME 004060 
 
SIPDIS 
 
E.O. 12958: DECL: 12/13/2015 
TAGS: PTER PGOV ASEC IT ANTITERRORISM FORCE PROTECTION
SUBJECT: MOI EXPELS MOHAMMED DAKI: ITALY'S 13 IN 2005 
 
REF: A. MILAN 544 
     ¶B. ROME 2594 
 
Classified By: Political Minister Counselor David C. Pearce for reasons 
 1.4 (b) and (d). 
 
¶1. (C) SUMMARY:  Minister of Interior Giuseppe Pisanu 
expelled Moroccan national and suspect terrorist Daki Mohamed 
on December 10, returning him to Morocco.  Tunisian national 
and terrorist suspect Gharsellaoui Mohamed Akremi was also 
expelled December 10.  In a December 11 press release, Pisanu 
said the expulsions were carried out for reasons of national 
security and public order, in accordance with Italy's 
anti-terrorism law of July 2005.  Milan magistrate Armando 
Spataro told Econoff that Milan-based prosecutors would 
likely continue their case against Daki, despite his 
expulsion.  Italy has expelled 13 foreigners for the sake of 
public order in 2005.  END SUMMARY. 
 
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DAKI EXPELLED 
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¶2. (U) Minister of Interior Giuseppe Pisanu expelled Moroccan 
national and suspect terrorist Daki Mohamed on December 10, 
returning him to Morocco (REF A).  Daki arrived in Casablanca 
that same afternoon and was reportedly immediately taken into 
custody by the local police.  On December 10, the Italian 
Government also expelled Tunisian national and terrorist 
suspect Gharsellaoui Mohamed Akremi. 
 
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PISANU INVOKES NEW ANTI-TERROR LAW 
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¶3. (SBU) In a December 11 press release, Pisanu said the 
expulsions were carried out for reasons of national security 
and public order, in accordance with Italy's anti-terrorism 
law of July 2005 (REF B).  According to the statement, 
although the judiciary had determined that evidence against 
these two individuals was not sufficient to condemn them, the 
Interior Ministry had collected and assessed "serious 
circumstantial evidence and probative elements" on both Daki 
and Gharsellaoui that permitted the Government to "establish 
their danger."  (NOTE:  Despite evidence connecting him to 
Mohammed Atta, Ramzi bin al Shibh, Al Zarqawi, and the Ansar 
Al Islam terrorists, on November 28, Daki was acquitted by an 
Appeals Court in Milan of all criminal charges, including 
terrorism.  Charges against Gharsellaoui, a resident of 
Gallarate, near Varese, include producing false identity 
documents for illegal immigrants, recruiting combatants for 
the Jihad, and managing an Islamic extremist website that was 
used to claim a number of attacks in Iraq and Turkey and 
served as a vehicle to launch threats against several 
European countries, including Italy.  END NOTE.) 
 
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MAGISTRATES TO CONTINUE CASE AGAINST DAKI 
----------------------------------------- 
 
¶4. (C) Milan magistrate Armando Spataro told Milan Econoff 
that investigative magistrates still planned to pursue the 
criminal case against Daki despite his expulsion and planned 
to appeal the Appellate Court's decision to the Cassation 
Court, Italy's Supreme Court. (Note: Technically the appeal 
cannot be made until the judge makes public the motivation 
for his decision. End Note.) He continued that the Cassation 
Court would have to decide how to deal with the fact that the 
main suspect is no longer in the country.  Commenting on the 
appropriateness of the expulsion, Spataro said that although 
he is generally not supportive of expelling terrorist 
suspects and prefers to apply all steps of the judicial 
process, the Daki case is one where "you will not see me 
quoted as opposing Pisanu in the paper.  If there were ever a 
case where it was justified, this is it." 
 
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DAKI'S EXPULSION IS THE 13TH IN 2005 
------------------------------------ 
 
¶5. (SBU) An MoI official told Poloff on December 12 that the 
government had expelled thirteen foreigners for national 
security reasons in 2005.  He said 26 had been deported since 
September 11, 2001, indicating that the MoI is increasingly 
relying on expulsions as an anti-terrorism tool.  Italian 
press reports that 24 foreigners have been deported in 2005. 
The difference can be explained by the type of expulsion, as 
the MoI has deported numerous foreigners that posed a 
potential risk based on immigration charges, many of whom 
were picked up in general sweeps through immigrant 
neighborhoods, internet points, butcher shops, etc.  Press 
reports do not necessarily distinguish according to the type 
of expulsion. 
 
¶6. (SBU) Italy's anti-terrorism law of July 2005, "the Pisanu 
Decree," states that any non-EU legal or illegal individual 
can be expelled from Italy for reasons of national security 
even if he is not currently resident in Italy.  The law 
specifically states that it applies to those individuals 
recognized to belong to terrorist organizations, as well as 
to those for whom there are "reasonable suspicion for 
believing that their presence serves as an accessory to 
terrorist organizations." 
 
¶7. (SBU) According to the law, a foreigner can be expelled 
even if he is under judicial investigation, but not under 
detention.  Expulsions may be appealed to the regional 
administrative court within sixty days of notification.  The 
appellate process, however, does not suspend expulsions and 
the appeal can proceed without the foreigner's physical 
presence in Italy.  If the administrative court eventually 
agrees with the suspect's appeal, he will be allowed to 
return.  If the Government continues to think the foreigner 
is dangerous, it may expel him again. 
 
¶8. (SBU) On expulsions, the Pisanu Decree is largely based on 
article thirteen of a law passed in July 1998 under a 
government led by Center-Left leader Romano Prodi.  That law 
was co-drafted by Democrat of the Left (DS) Interior Minister 
Giorgio Napolitano and DS Social Solidarity Minister Livia 
Turco.  It was designed to regulate the presence of 
immigrants in Italy, including decreeing their expulsion "for 
reasons of public order or national security."  Minister 
Pisanu's innovation to article 13 of the 1998 law was to 
include terrorists and suspect terrorists in the category of 
persons it can expel for reasons of security. 
 
¶9. (U) This cable has been coordinated with ConGen Milan. 
SPOGLI