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Viewing cable 07HAMBURG61, TERRORISM TRIAL AGAINST GERMANY'S FIRST "CYBER JIHADIST

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Reference ID Created Released Classification Origin
07HAMBURG61 2007-10-22 14:27 2011-08-24 01:00 UNCLASSIFIED Consulate Hamburg
VZCZCXRO5978
RR RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHAG #0061/01 2951427
ZNR UUUUU ZZH
R 221427Z OCT 07
FM AMCONSUL HAMBURG
TO RUEHC/SECSTATE WASHDC 0179
INFO RUEHRL/AMEMBASSY BERLIN 0166
RUCNFRG/FRG COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEHAG/AMCONSUL HAMBURG 0199
UNCLAS SECTION 01 OF 03 HAMBURG 000061 
 
SIPDIS 
 
DEPARTMENT 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 KVPR GM
SUBJECT: TERRORISM TRIAL AGAINST GERMANY'S FIRST "CYBER JIHADIST 
OPENS 
 
REF: A. A) HAMBURG 053 
     B. B) BERLIN 1398 
     C. C) 06 BERLIN 3323 
 
HAMBURG 00000061  001.2 OF 003 
 
 
SENSITIVE 
 
1. (SBU)  SUMMARY:  The trial against alleged "cyber jihadist" 
Ibrahim Rashid opened on September 26 before the Higher Regional 
Court in Celle, Lower Saxony.  According to the prosecution, 
these procedures are unique in that it is the first time that 
someone in Germany has been charged for jihadist activity 
carried out completely over the Internet from a PC at home. 
Rashid has been charged with 28 independent counts of having 
promoted membership in and support of Al Qaeda and Al Qaeda in 
Iraq in the period between October 6, 2005 and October 1, 2006 
(ref. A).  The Defense Counsel argued that the charges impeded 
Rashid's right to freedom of speech and freedom of information. 
Rashid reserved his right not to testify.  Rashid potentially 
may be released from imprisonment on remand since continued 
detention might be found disproportionate.  Hamburg Consulate's 
Pol/Econ staff attended the hearing.  END SUMMARY. 
 
--------------------------------------------- -------------- 
--------------------------------------- 
Background on Legal Basis for Prosecution, the Accused and 
Parties of the Trial 
--------------------------------------------- -------------- 
--------------------------------------- 
 
2. (SBU)  In the one-day hearing Chief Judge Dr. Wolfgang Siolek 
stated that the Federal Justice Ministry authorized the Federal 
Prosecutors Office on September 18, 2002 to criminally prosecute 
activities of Al Qaeda and Al Qaeda in Iraq.  He also remarked 
that the Federal Justice Ministry issued an additional 
authorization dated August 14, 2007 to criminally prosecute 
individuals who promote membership in and support Al Qaeda in 
Iraq from Germany.  Rashid is an Iraqi citizen of Kurdish 
ethnicity and Sunni faith, who was born on July 1, 1970 in 
Kirkuk.  He is married to Shilan Ismail and has four children. 
Rashid was arrested on October 10, 2006 based on a September 28, 
2006 arrest warrant (ref. A).  Siolek, who has experience with 
PKK (Kurdish Workers' Party) terrorism trials, chaired the panel 
of judges.  The Federal Prosecutors Office is represented by 
Peter Ernst and Wolfgang Mertig.  Klaus R|ther and J|rgen 
Mvthrath are Rashid's defense attorneys. 
 
--------------------------------------------- -------------- 
--------------------------- 
Prosecution:  Accused Contributed to Global Jihad from His Home 
PC 
--------------------------------------------- -------------- 
--------------------------- 
 
3. (SBU)  The prosecution's reading of charges consisted of two 
parts: an extensive description of the terrorist organization Al 
Qaeda, and a meticulous account of the charges against the 
accused.  Federal Prosecutor Ernst pointed out that Al Qaeda 
aims to create Islamic theocracies and combat the western world 
- particularly the U.S.A. and Israel - through global jihadist 
activities.  He listed a number of past and more recent 
terrorist attacks and used the attacks on U.S. embassies in 1998 
and on New York and Washington on 9/11 as reference points.  He 
underscored that despite terrorist networks having largely been 
defeated following 9/11, terrorists are still being fought in 
the Afghanistan/Pakistan border region and in Pakistan.  He 
pointed out that Al Qaeda is still able to carry out 
centrally-ordered terrorist acts to a limited degree and cited 
the attacks on the synagogue in Djerba on April 11, 2002 and 
planned attacks on U.S. financial institutions in Pakistan 
uncovered on July 13, 2004 as evidence of that ability.  Ernst 
also reiterated that Al Qaeda supports local networks such as Al 
Qaeda in the Islamic Maghreb.  Moreover, Ernst said that Al 
Qaeda still holds the leadership position with respect to 
terrorist activity and carries out its propaganda through 
audio/video messages that contain calls for attacks and provide 
strategic direction.  He repeatedly pointed out that the 
Internet is of central importance to terrorists, as their "war 
is largely carried out over the Internet." 
 
4. (SBU)  Ernst sought to establish a direct connection between 
the overarching Al Qaeda terrorist network and Rashid's actions 
in Germany.  He said that Rashid disseminated audio and video 
messages of Al Qaeda's leadership (e.g. Osama Bin Laden, Ayman 
Al-Zawahiri and Abu Musab Al-Zarqawi), engaged in jihadist chat 
room discussions, created lists of hyperlinks leading to 
extremist content, and spread his own written jihadist messages 
over the Internet.  He stressed that Rashid was active in chat 
 
HAMBURG 00000061  002.2 OF 003 
 
 
rooms that are exclusively jihadist-oriented and that are 
directly aimed at recruiting fighters for the global jihad. 
Ernst stated that Rashid adopted a jihadist ideology, for 
example with respect to the combat against coalition forces in 
Iraq, and that he authored approving statements which he spread 
over the Internet.  Ernst pointed out that Rashid used nine 
aliases such as "Kurdistan_26," and "3mer_Kurdi" to conceal his 
identity.  Ernst further elaborated on each of the 28 
independent counts of Rashid's alleged promotion of membership 
in and support of Al Qaeda and Al Qaeda in Iraq during the 
period between October 6, 2005 and October 1, 2006.  His 
elaboration was extremely specific, providing precise details on 
the duration of dsl-connections and the content of Internet 
websites and chat room contributions. 
 
--------------------------------------------- --------- 
Defense Pleadings and Prosecution Rebuttal 
--------------------------------------------- --------- 
 
5. (SBU)  Defense lawyer R|ther opened his pleadings with the 
following statement:  "Asked by friends and colleagues how one 
could defend a terrorist these days, let alone one who is 
accused of supporting Al Qaeda, there is only one answer: from 
the perspective that freedom of speech and freedom of 
information must be defended."  R|ther stated that although the 
Rashid's entire Internet traffic was recorded, phones were 
tapped, post and banking traffic were monitored, and movements 
were put under surveillance; authorities were unable to 
ascertain concrete terrorism promotion actions, such as urging 
people to join the jihad or fight in Iraq or Afghanistan. 
R|ther added that the prosecution could not ascertain money 
transfers for terrorist organizations, membership in Islamist 
organizations, or visits to radical mosques in Germany.  R|ther 
stated that it could not be established that Rashid himself 
called for terrorist actions "in the real world or on the net." 
 
 
6. (SBU)  The defense counsel's pleadings culminated with the 
statement:  "This trial will show whether this state of rule of 
law is willing to convict an individual for uploading a speech 
by Usama Bin Laden in a chat room, which Al Jazeera had already 
disseminated in the first place."  In his rebuttal Ernst pointed 
out that "the right of freedom of speech is not unlimited, not 
even in the U.S. legal system" (Note:  He exemplified this by 
saying that it was illegal to shout "fire" in a fully occupied 
theater.  End Note.).  Ernst reiterated that according to Art. 
5, II of the German constitution, freedom of speech has its 
limits in general laws.  Ernst added that the "worst terrorist 
activity, incitement of hatred and barbarian actions of 
murderous thugs and the approval of such actions" certainly do 
not fall under freedom of speech.  Ernst also highlighted that 
Rashid did not act publicly, but rather used nine code names and 
made an effort to conceal his identity, which showed that he was 
aware of violating laws. 
 
------------- 
Comment 
------------- 
 
7.  (SBU)  From the outset of the trial, the scope of the 
indictment has been limited.  Originally, the Federal 
Prosecutors Office charged Rashid with support of a terrorist 
organization.  However, in an April letter to the Federal 
Prosecutors Office, the Federal High Court (BGH) rejected that 
charge, arguing that following a revision of the Criminal Code 
in 2003, the sheer promotion of terrorism by expressing sympathy 
for terrorism does not qualify as supporting a terrorist 
organization.  Therefore, the challenge for the prosecution will 
be to establish that Rashid did not "merely" express sympathy 
for terrorism, but promoted membership in and the support of Al 
Qaeda and Al Qaeda in Iraq. 
 
8. (SBU)  In his reading of charges the prosecutor provided a 
comprehensive and detailed account of Al Qaeda's ideology, 
objectives, development, organizational structure, and methods. 
His elaborations concluded with the statement that the accused 
played a concrete and important role in carrying out Al Qaeda's 
war over the Internet, by using the Internet as a propaganda and 
recruitment tool in its global jihad.  The description of 
Rashid's Internet activities was striking in its detail. 
Against the background of the contentious German debate on the 
pros and cons of online searches, these proceedings will serve 
as a forceful reminder to the German public of the untold and 
underestimated role of the Internet as a platform for 
terrorist-related activity and communication.  Interestingly, 
the investigation leading to the arrest and indictment of Rashid 
 
HAMBURG 00000061  003.2 OF 003 
 
 
was the result of preventive telecommunication surveillance, 
which might eventually be found unconstitutional by the Federal 
Constitutional Court (BVerfG).  However, according to the 
Spokesperson of the Celle Higher Regional Court, Dr. Stephanie 
Springer, this would not mean that the whole trial would 
collapse.  Evidence would be differentiated between what would 
be admissible or not. 
 
9. (SBU)  The prosecution hopes that this trial will have a 
deterrent effect on would-be extremists.  Twenty-five trial 
sessions have been scheduled through January 31, 2008.  Since 
much of the evidence must be translated from Arabic into German, 
the prosecution expects that the trial will last significantly 
longer than six months.  According to the chief prosecutor, if 
convicted, Rashid could be sentenced to up to five years, 
although a term of no more than three years is more likely.  In 
a meeting with selected press, Ernst stated that because Rashid 
has already served over a year in pre-trial detention and 
continues to remain in prison, he may be released on remand 
since continued detention might be found disproportionate to 
what his actual sentencing may be if he is found guilty.   END 
COMMENT. 
 
10. (U)  This message has been coordinated with Embassy Berlin. 
JOHNSON