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Viewing cable 07HAMBURG36, MOTASSADEQ LOSES FINAL APPEAL

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Reference ID Created Released Classification Origin
07HAMBURG36 2007-05-18 13:39 2011-08-24 01:00 UNCLASSIFIED Consulate Hamburg
VZCZCXRO9746
RR RUEHDF RUEHLZ
DE RUEHAG #0036 1381339
ZNR UUUUU ZZH
R 181339Z MAY 07
FM AMCONSUL HAMBURG
TO RUEHC/SECSTATE WASHDC 0147
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
INFO RUEHRL/AMEMBASSY BERLIN 0136
RUCNFRG/FRG COLLECTIVE
RUEHAG/AMCONSUL HAMBURG 0166
UNCLAS HAMBURG 000036 
 
SIPDIS 
 
STATE FOR EUR/AGS, EUR/PPD, L/LEI, AND S/CT 
JUSTICE FOR BARBARA BERMAN AND PATRICIA REEDY 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER KJUS PREL ASEC GM
SUBJECT: MOTASSADEQ LOSES FINAL APPEAL 
 
REF: A. A) HAMBURG 001 
 
     B. B) 06 HAMBURG 074 
     C. C) 06 HAMBURG 67, AND PREVIOUS 
     D. D) 04 HAMBURG 411 
 
1. (U) On May 11, the German Federal High Court in Karlsruhe 
announced its decision to reject 9/11 cell member Mounir 
el-Motassadeq's appeal of the January 8 verdict of the Hamburg 
Regional Court that convicted Motassadeq of membership in a 
terrorist organization and of 246 counts of accessory to murders 
that took place in the 9/11 terrorist attacks.  The Court also 
upheld the Hamburg Regional Court's January 8 fifteen-year 
prison sentence (Ref A) making Hamburg's decision legally 
binding. 
 
2. (U) After five-and-a-half years of legal battles, this was 
Motassadeq's final appeal in the German court system and so he 
will continue to serve his sentence.  The High Court found 
Motassadeq's appeal "unfounded" and said its re-examination of 
the January 8 decision did not reveal any legal errors. 
Motassadeq's defense lawyer Udo Jacob told the press that he 
intends to take the case to the European Court of Human Rights. 
Calling the German courts' decisions "arbitrary," Jacob claimed 
that his client had been convicted based on "speculation" and 
that acquitted Hamburg cell member Abdelghani Mzoudi was willing 
to testify (Ref D). 
 
3. (U) This message has been coordinated with Embassy Berlin. 
 
BUTCHER