VZCZCXYZ0001
PP RUEHWEB

DE RUEHRL #2075/01 2051717
ZNY CCCCC ZZH
P 241717Z JUL 06
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC PRIORITY 4325
INFO RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0367
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUCNFRG/FRG COLLECTIVE

C O N F I D E N T I A L BERLIN 002075 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 07/24/2016 
TAGS: PTER ETTC KTFN EFIN PGOV UN GM
SUBJECT: TERRORISM FINANCE: MORE GERMAN INFORMATION ON 
ISMAIL ABU SHAWEESH 
 
REF: A. DUSSELDORF 15 
 
     ¶B. 7/13 LURIE-SANDAGE/HINNEN/NELSON/WILCOX EMAIL 
 
Classified By: Acting Minister-Counselor for Economic Affairs Robert S. 
 Hagen for Reasons 1.4 (b), (d) and (e) 
 
¶1. (C) On July 12, Germany prenotified the proposed addition 
of Ismail Abu Shaweesh to the UNSCR 1267 Committee's 
Consolidated List of Individuals and Entities Associated with 
Al Qaida, the Taliban, and Usama Bin Laden.  Ismail Abu 
Shaweesh is in German custody and on trial for several 
alleged crimes (per ref A).  The German government made the 
prenotification in Washington to S/CT and in Berlin to Global 
Affairs Officer.  Since that time, Washington agencies 
indicated (e.g., ref B) additional information might be 
needed before the USG could support the German proposal. 
 
¶2. (C) Pursuant to informal Washington requests, Justice 
Ministry Office Counterterrorism Office Director Mathias 
Hellman and MFA Counterterrorism Desk Officer Holger Kraemer 
provided Global Affairs Officer with additional information 
July 18 - 21. 
 
¶3. (C) Kraemer and Hellman clarified the timeline and the 
legal background: 
 
- January 23, 2005: Germany arrested Ibrahim Mohammed Khalil 
and Yasser Abu Shaweesh (Ismail's brother).  In a press 
release, the Federal Prosecutor General accused the two of 
membership in and support of Al-Qaida. 
 
- May 19, 2005: The Federal Prosecutor sought and obtained a 
Federal Court of Justice arrest warrant for Ismail Abu 
Shaweesh.  The Court agreed to the arrest warrant on 
financial fraud charges, but not for supporting a terrorist 
organization.  The Court did add that despite this early 
decision, however, the Federal Prosecutor had the right to 
continue the terrorism investigation.  The German Government 
presented this arrest warrant (along with other documents) to 
the USG to support the proposed designation. 
 
- May 21, 2005: German officials arrested Ismail Abu 
Shaweesh.  In a press release, the Federal Prosecutor General 
connected Ismail's activities and arrest to the earlier 
arrest of Khalil and Ismail's brother Yasser.  The Federal 
Prosecutor accused Ismail of involvement in a fraud to obtain 
930,000 Euros from life insurance providers.  The Prosecutor 
stated that the extent of Ismail's knowledge that some 
portion of the proceeds would or could be for the benefit of 
al-Qaida was the subject of further investigation. 
 
- Hellman clarified that, as is German legal custom, the 
Federal Prosecutor General initiated the charges during this 
pre-trial period because of the terrorism charge: the Federal 
Prosecutor General has the lead whenever individuals are 
charged with terrorism.  For the purposes of obtaining an 
arrest warrant, the Federal Prosecutor General goes to the 
Federal Court of Justice.  For the trial itself, the case is 
sent to the appropriate court in one of Germany's 16 federal 
states, in this case Dusseldorf. 
 
- Kraemer clarified that the German Government elected not to 
propose Ismail's name when it proposed Khalil and Ismail's 
brother Yasser in 2005 for inclusion in the UNSCR 1267 list 
due to the doubts expressed in the Federal Judge's May 19, 
2005 decision.  That said, during this pre-trial period, the 
Federal Prosecutor General continued his investigation into 
Ismail's connection to al-Qaida. 
 
- Under the German legal system, the defendant can appeal for 
release from pre-trial detention at any time and the Court 
reviews pre-trial detention automatically after six months. 
The prosecutor has to present information to the Court to 
justify the continued detention.  Thus all three defendants 
were subject to reviews during their time in detention.  At 
any point, the Court can issue an order affecting the 
continued detention of the defendant. 
 
- On March 14, 2006, the Dusseldorf court issued an order 
which Kraemer and Hellman consider a victory for the Federal 
Prosecutor and which they say sheds light on the Federal 
Prosecutor's investigation.  The German Government has 
provided the decision to the USG to support the proposed 
UNSCR 1267 listing of Ismail.  Hellman and Kraemer state the 
March 14, 2006 order makes irrelevant that part of the May 
19, 2005 Federal Court of Justice decision that cast doubt on 
the connections between Ismail and al-Qaida.  On March 14, 
2006 the Dusseldorf court actually trying Ismail (rather than 
the Federal Court hearing a request for his initial arrest 
 
ten months earlier), after considering further information 
from the Federal Prosecutor, instructed the defendant Ismail 
Abu Shaweesh that he might face punishment for the crime 
under German law of "membership in a terrorist organization." 
 Hellman confided the Federal Prosecutor had merely hoped the 
judge would support a charge of "supporting a terrorist 
organization."  The Federal Prosecutor was surprised and 
pleased that the Dusseldorf court had instead warned Ismail 
about the "membership" charge, a more serious charge which 
carries with it the threat of more jail time.  Hellman 
clarified the Court in the end may decide that the 
"membership" charge cannot be justified, but in that case the 
"support" charge still remains on the table. 
 
- Kraemer reports the Dusseldorf court's order promoted the 
German Government to seek Ismail's UNSCR 1267 listing. 
Kraemer and Hellman both said Ismail's charge of supporting a 
terrorist group (i.e., al-Qaida) under German law indicates a 
closer involvement with al-Qaida than does the "association 
with al-Qaida" standard of the UNSCR 1267 Committee.  Kraemer 
and Hellman said the German Government's position in seeking 
Ismail's 1267 listing did not depend on the "membership in a 
terrorist organization" charge; Germany would pursue UNSCR 
1267 listing on the basis of the "supporting a terrorist 
organization" charge.  The German Government believes in the 
connection of Ismail Abu Shaweesh to al-Qaida on the basis of 
the additional connections the Federal Prosecutor found to 
tie Ismail to al-Qaida, connections which convinced the 
Dusseldorf Court. 
 
- As outlined in ref B, on May 9, 2006 the trial against 
Ibrahim Mohammed Khalil, Yasser Abu Shaweesh, and Ismail Abu 
Shaweesh began.  According to press reports, the Federal 
Prosecutor charged Khalil and Yasser with membership in a 
terrorist organization (al-Qaida), while charging Ismail with 
support of a terrorist organization (al-Qaida) -- 
notwithstanding the Court's earlier (but not public) warning 
to Ismail that it might support the more serious "membership" 
charge. 
 
¶4. (C) Kraemer stated the MFA would support a U.S. request 
for additional information to the German Ministry of Justice. 
 The MoJ's Hellman responded, however, that the Ismail Abu 
Shaweesh trial is ongoing and it is not possible for the USG, 
or anyone other than Federal Prosecutor, to access the 
Federal Prosecutor's file.  Hellman reminded that leaking 
such information from an ongoing trial is a punishable 
offense.  Kraemer indicated Germany would instruct its 
Mission in New York to proceed with the proposed listing the 
week of July 24. 
TIMKEN JR