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Viewing cable 07HAMBURG1, MOTASSADEQ SENTENCED TO 15 YEARS

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Reference ID Created Released Classification Origin
07HAMBURG1 2007-01-09 15:34 2011-08-24 01:00 UNCLASSIFIED Consulate Hamburg
VZCZCXRO3152
RR RUEHDF RUEHLZ
DE RUEHAG #0001 0091534
ZNR UUUUU ZZH
R 091534Z JAN 07
FM AMCONSUL HAMBURG
TO RUEHC/SECSTATE WASHDC 0101
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
INFO RUEHRL/AMEMBASSY BERLIN 0091
RUCNFRG/FRG COLLECTIVE
RUEHAG/AMCONSUL HAMBURG 0115
UNCLAS HAMBURG 000001 
 
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 GM
SUBJECT: MOTASSADEQ SENTENCED TO 15 YEARS 
 
REF: A. 06 HAMBURG 74, B. 06 HAMBURG 67, AND PREVIOUS 
 
1.  On January 8, the Hamburg Regional Court gave 9/11 cell 
member Mounir el-Motassadeq a 15 year prison sentence. (Note: 
This is the maximum sentence that can be imposed under the 
German Penal Code for the crime of accessory to murder.  End 
Note.)  Motassadeq's attorneys announced that they will pursue 
all legal avenues at their disposal to appeal.  His legal team 
as well as the German Federal Prosecutor/co-plaintiffs had also 
appealed Motassadeq's earlier conviction, a process which led to 
his retrial and January 8 sentence. 
 
2.  In his verdict, Chief Judge Dr. Carsten Beckmann pointed out 
the "enormous injustice of the act" [the September 11 attacks] 
and the "gravity of the guilt," which left the court no choice 
but to impose the highest possible sentence.  Beckmann said he 
drew the conclusion that when someone knows that airplanes would 
be crashed in suicide operations, and that would-be attackers 
have obtained qualified pilot training, then he should also be 
aware that those airplanes would not be crashed just anywhere, 
but in a way that leads to as many fatalities as possible. 
 
 
3.  Motassadeq's attorneys argued that their client was not 
given a fair trial and that the court had not considered 
evidence which could prove their client's innocence.  They 
announced they would seek a retrial.  They repeatedly referred 
to their December 29 appeal to the Federal Constitutional Court, 
which alleges a violation of their defendant's basic rights to a 
fair trial.  Motassadeq's attorneys indicated their intent to 
bring the case before the European Court of Justice if need be. 
 
 
4.  This message has been coordinated with Embassy Berlin. 
 
BUTCHER