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Viewing cable 06BERLIN3587, GERMAN FEDERAL PROSECUTOR DECLINES INVESTIGATING

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Reference ID Created Released Classification Origin
06BERLIN3587 2006-12-29 12:28 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Berlin
VZCZCXYZ0000
OO RUEHWEB

DE RUEHRL #3587 3631228
ZNR UUUUU ZZH
O 291228Z DEC 06
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6525
INFO RHMFISS/CDRUSAREUR HEIDELBERG GE PRIORITY
RHMFIUU/COMSOCEUR VAIHINGEN GE PRIORITY
RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY
RHMFISS/FOB EUCOM DET MUNICH HOUSE MUNICH GE PRIORITY
RHMFIUU/HQ USAFE RAMSTEIN AB GE PRIORITY
RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY
RUEKJCS/HQ USEUCOM LO WASHINGTON DC PRIORITY
RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUKAAKA/USAREUR ACE DARMSTADT GE PRIORITY
UNCLAS BERLIN 003587 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EUR/AGS 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KLIG KJUS PREL GM
SUBJECT: GERMAN FEDERAL PROSECUTOR DECLINES INVESTIGATING 
EUCOM FOR ALLEGED RENDITIONS 
 
REF: BERLIN 3447 
 
1. (SBU) German Federal Prosecutor Monika Harms has decided 
that she is not responsible for investigating six EUCOM 
officers in Stuttgart for allegedly planning the kidnapping 
and rendition of six Algerian nationals from Sarajevo to 
Guantanamo Bay via Germany in 2002, according to December 29 
German news reports.  According to her spokesman, "kidnapping 
in the framework of fighting terrorism does not fall under 
the criminal offense of abduction, for which political 
persecution is presumed." 
 
2. (SBU) USAREUR and EUCOM contacts commented to Emboff that 
this is "good news" for the U.S. Forces in Europe.  The EUCOM 
contact said the federal prosecutor's decision not to pursue 
an investigation in this particular case clarifies a general 
principle that should be applied to similar cases in the 
future.  (Note:  Harm is following a precedent set in 2004 by 
her predecessor Kay Nehm, who declined to investigate the 
alleged "abduction" by CIA officers of Egyptian national Abu 
Omar.  Nehm also ruled that the alleged CIA "abduction" was 
not the result of political persecution and referred the case 
back to local prosecutors.  End note.) Nevertheless, 
according to the German news accounts, the local Stuttgart 
prosecutor's office still has the option of pursuing an 
investigation of its own on different charges. 
3. (SBU) Post is continuing to follow this case and will 
report additional substantive information septel. 
KOENIG