VZCZCXRO3393
OO RUEHAG RUEHDF RUEHLZ
DE RUEHFT #0445 0311027
ZNR UUUUU ZZH
O 311027Z JAN 07
FM AMCONSUL FRANKFURT
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9294
INFO RUCNFRG/FRG COLLECTIVE IMMEDIATE
RUEHGB/AMEMBASSY BAGHDAD 0185

UNCLAS FRANKFURT 000445 
 
SIPDIS 
 
DEPARTMENT FOR EUR/AGS, EUR/PGI, S/CT 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PTER ASEC KISL IZ GM
SUBJECT: Stuttgart Ansar al-Islam Trial Continues 
 
REF: A) 06 Frankfurt 4401 B) 06 Frankfurt 7499 
 
Sensitive but unclassified; not for internet distribution. 
 
¶1. (SBU) SUMMARY: The ongoing trial in Stuttgart of three suspected 
members of Ansar al-Islam is now expected to last at least until 
April - and perhaps even until the fall.  The Federal Prosecutor has 
charged the three with plotting to assassinate then-Iraqi Prime 
Minister Allawi during a visit to Germany in December 2004.  The 
testimony and questioning of a key witness for the prosecution has 
begun.  Each of the three defendants has taken a different approach 
to the proceedings, ranging from silence to verbal assaults on the 
prosecutors and judges.  END SUMMARY. 
 
Trial to Last until April -- at Least 
------------------------------------- 
 
¶2. (SBU) Despite earlier press speculation that the ongoing Ansar 
al-Islam trial at Stuttgart's high-security Stammheim facility may 
conclude this month, the Stuttgart Court is now reporting that it 
expects the trial to last at least until the end of April. (NOTE: 
Stammheim's courtroom was built for trials of the RAF/Red Army 
Faction, the domestic terrorist group active in the 1970s -- and 
security measures are extremely tight. END NOTE.)  Senior Public 
Prosecutor Silke Ritzert and journalists attending the proceedings 
have told us the trial may well last until the fall. 
 
"Witness Number One" Testifies 
------------------------------ 
 
¶3. (SBU) At the suggestion of the senior prosecutor, a consulate 
representative attended the January 23rd session of the court in 
order to observe the long-awaited testimony of "witness number one" 
-- an undercover agent from the Mecklenburg-Western Pomerania Office 
for the Protection of the Constitution (LfV).    The agent had 
originally been scheduled to testify in October 2006, but the 
Mecklenburg-Western Pomerania interior minister prevented his 
participation due to disagreements with the prosecutor's office 
regarding safety and technical issues.  The parties have since 
resolved their differences, allowing for the agent's participation. 
The agent testified that he met Rafik Mohamad Yousef two years ago 
in Berlin and that they discussed the "marriage" (reference to the 
assassination plot).  During the January 23rd session, the court 
granted Yousef permission to personally question the witness -- an 
opportunity he used to try to disrupt and delay the proceedings. 
 
Three Defendants, Three Different Approaches 
-------------------------------------------- 
 
¶4. (SBU) Yousef's antics are indicative of his behavior throughout 
the process, and demonstrate the split in how each of the three 
accused has approached the proceedings.  The press reports that Ata 
Abdoulaziz Rashid, an alleged leader of Ansar al-Islam in Germany, 
has remained relatively silent throughout the court sessions.  The 
third defendant, Mazen al-Hussein, has been somewhat more 
cooperative, claiming that he actively attempted to delay and stop 
the alleged attack.  Hussein has clearly dissociated himself from 
the other two accused and presents himself in court as a westernized 
student (short hair, no beard). 
 
¶5. (SBU) Yousef has taken a much more confrontational approach to 
the court, refusing to stand up when the judges enter the room and 
shouting verbal abuse at court officials and prosecutors, despite 
constant reprimands from the presiding judge.  He has also 
repeatedly accused the court of complicity in a conspiracy with the 
Federal Office of Criminal Investigation (BKA) against him and his 
co-defendants.  Due to his erratic and disruptive behavior, Yousef's 
lawyer asked for a psychological evaluation of his client.  During 
the January 23rd session, a psychologist attended the proceedings to 
observe and analyze Yousef's behavior.  The psychologist was not 
sure when he would officially present his findings; however he 
remarked informally to us that Yousef does display some signs of 
paranoia. 
 
COMMENT 
------- 
 
¶6. (SBU) Significant aspects of the charges against the accused have 
yet to be discussed in the proceedings, and logistical challenges to 
obtaining witness testimony, and Yousef's stalling tactics are 
contributing factors to the delay in the trial.  Court officials 
have thus far been unwilling to predict the outcome, claiming it is 
still too early in the process.  Post will continue to follow and 
report major developments as appropriate.  END COMMENT. 
 
¶7. (U) This cable was coordinated with Embassy Berlin. 
 
POWELL