VZCZCXRO4432
PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHVI #1359/01 2610614
ZNR UUUUU ZZH
P 170614Z SEP 08
FM AMEMBASSY VIENNA
TO RUEHC/SECSTATE WASHDC PRIORITY 0956
INFO RUEATRS/DEPT OF TREASURY WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
RHEFHLC/DEPT OF HOMELAND SECURITY WASHDC
RUCNFB/FBI WASHDC
RUCNMEM/EU MEMBER STATES

UNCLAS SECTION 01 OF 02 VIENNA 001359 
 
SIPDIS 
 
STATE FOR EB/ESC/TFS, S/CT AND IO/PSC 
TREASURY FOR FTAT AND OFAC 
TREASURY ALSO FOR OCC/EILEEN SIEGEL, AND OASIA/ICB/VIMAL ATUKORALA 
TREASURY PLEASE PASS TO FINCEN 
JUSTICE FOR DOJ/CRM/ATMLS AND FOR OIA/RICHARD OWENS 
FBI FOR CID 
JUSTICE FOR CRM/AFMLS 
 
E.O. 12958: N/A 
TAGS: KTFN EFIN PREL PTER AU
SUBJECT: AUSTRIAN COURT ACTS TO UNFREEZE ABU NIDAL ASSETS 
 
Summary 
------- 
 
¶1.  In late August, a Vienna court ruled that the GOA should 
unfreeze about USD 8 million from a bank account belonging to the 
Palestinian Abu Nidal terrorist group.  The public prosecutor has 
appealed the verdict and the case is now pending at the Supreme 
Court for a final judgment.  The case illustrates the difficulty of 
satisfying the very high burden of proof set by Austrian courts in 
terrorism cases.  END SUMMARY. 
 
¶2.  In late August 2008, a Vienna court ordered an end to the 
freezing of USD 8 million from a bank account belonging to the 
Palestinian Abu Nidal terrorist group.  This is the preliminary end 
of eight-year-long court proceedings. 
 
Background 
---------- 
 
¶3.  Abu Nidal (aka Sabri al Banna, the Palestinian terrorist who 
died in 2002) and his terrorist group are suspects in the murder of 
Vienna City Councilman Heinz Nittel in May 1981, the attack on the 
Vienna synagogue in August 1982 where two persons were killed, and 
the terrorist attack on the Vienna Airport in 1985 which killed 
three persons. 
 
¶4.  On January 13, 2000, Palestinian Halime Almughrabi (aka Nimer 
Halime) was arrested in Vienna for alleged money laundering when she 
tried to withdraw USD 2 million from an account with Bank Austria 
(which she had opened in 1982 under a different name) and transfer 
the funds to an Arab bank.  The money had been transferred to the 
Bank Austria account from  1982-1987 and frozen since the 1990 Gulf 
war.  Halime, born in Jordan, became a Libyan citizen by marriage, 
held passports from Libya and Jordan, and was married to Abu Nidal's 
finance chief, Samedir Najmeddin, who had the authority to sign on 
the account.  Halime claimed that the money stems from her 
husband's, whose name she said was Mustafa Abu Najem, business.  Abu 
Najem was also the name of Halime's son, who was arrested with her 
in Vienna in 2000, released, and left the country. 
 
¶5.  In March 2000, Halime was indicted for membership in a terrorist 
grouping and money laundering.  In initial court proceedings, which 
started in April 2000, Halime claimed to be a housewife and to have 
inherited the money.  She denied any relationship with the Abu Nidal 
group or Samedir Najmeddin even though the judge presented a proxy 
with her signature authorizing Samedir to dispose on the bank 
account.  Soon after, the court proceedings were adjourned, and 
Halime was released on bail of EUR 36,000 and left Austria for 
Libya.  In October 2000, Austria's Interior Minister confirmed that 
Austria had received threats from the Abu Nidal group.  In January 
2001, court proceedings resumed, but Halime did not appear, 
reportedly because the Libyan authorities withheld her passport. 
Court proceedings were adjourned again.  By November 2005 it was 
clear that Halime would not appear in Vienna, and the public 
prosecutor filed a motion for forfeiture of the money in the bank 
account. 
 
¶6.  The recent court ruling both denies the prosecutor's motion for 
forfeiture and orders the authorities to unfreeze the account.  The 
judgment says it had not been proven that the money stems from 
terrorism or would flow to terrorists, and that it is unlikely the 
money will be used to finance terrorism, given Abu Nidal's death and 
his organizations' seeming collapse. 
 
Anger, Dismay 
------------- 
 
¶7.  The Austrian public prosecutor expressed surprise at the court's 
decision and immediately filed an appeal.  The case is now pending 
at the Supreme Court for a final judgment.  Angry reactions to the 
verdict came from the Austrian Justice Ministry and the Jewish 
community (including victims of the August 1981 synagogue attack). 
An unnamed senior official called the decision "naive and dangerous" 
and Federal Agency for State Protection and Counterterrorism (BVT) 
head Peter Gridling told media that Abu Nidal is active again in 
Lebanon and that the group had reportedly threatened Austrian 
authorities that it would "get the money in any case" -- peacefully 
or by force. 
 
¶8. Post will continue to monitor developments. 
 
 
VIENNA 00001359  002 OF 002 
 
 
GIRARD-DICARLO