Death sentence
by Brian Whitaker
Originally published in Middle East
International, 10 September 2004
A militant supporter of al-Qaeda has been
sentenced to death and 14 others - among them a former
employee in the presidential office - jailed for between three
and 10 years following a chaotic trial in Yemen.
The men were convicted on a variety of
charges, including the attack on the French oil tanker Limburg
in 2002, planned attacks against the American, British,
French, German and Cuban embassies, plots to assassinate the
American ambassador and intelligence officials, and
falsification of documents.
The man sentenced to death, Hizam Mujali,
was also convicted of killing a Yemeni soldier at a
checkpoint. The former presidential employee, Fawaz
al-Rabe'ie, and his brother, Abu Baqr, were jailed for 10
years for for attacking a helicopter belonging to the American
Hunt Oil company and ordered to pay almost $100,000 for
bombing a building belonging to Yemen's civil aviation
authority.
The group were said to be linked to Ali
al-Harithi, a leading al-Qaeda figure in Yemen who was
assassinated by a rocket fired from a CIA drone two years ago.
Though there is little doubt about the
men's allegiance - in court, on hearing the verdict, they
shouted: "God is greatest, America is the enemy of God,
Osama bin Laden is God's beloved" - the conduct of the
trial left a lot to be desired. It officially cleared up a
large number of crimes, perhaps too conveniently.
Defence lawyers complained that they were
not allowed proper access to the evidence against their
clients, and several of them - including lawyers appointed by
the court - walked out. The relative leniency of the
punishments has also caused surprise and speculation, since
some of the jailed men could have been sentenced to death.
Meanwhile, in the continuing trial of six
men accused of involvement in the attack on USS Cole four
years ago, a defence lawyer caused a stir by reading out a
letter allegedly written by Yemen's former interior minister,
Hussein Mohammed Arab.
The letter asks Yemeni security
authorities to give "safe passage to Sheikh Mohammed Omar
al-Harazi with three bodyguards without being searched or
intercepted".
It continues: "All security forces
are instructed to cooperate with him and facilitate his
missions."
Al-Harazi - also known as Abd al-Rahim
al-Nashiri - is widely regarded as the mastermind of the
attack which killed 17 American sailors and almost sank the
USS Cole as it refuelled in Aden harbour.
So far, it is unclear whether the
"safe passage" letter is genuine or, if genuine,
under what circumstances the minister provided it.
Nashiri/Harazi is the cousin of a suicide
bomber who blew up the American embassy in Nairobi in 1998,
according to the US. Yemeni sources say he was also organiser
of a foiled al-Qaida plot to blow up the US embassy in India
in 2001.
He left Yemen a few days before the attack
on USS Cole and disappeared. He was eventually captured in the
United Arab Emirates two years later. He is currently held by
the US at an undisclosed location, and is being tried in Yemen
along with the other five men, in his absence.
Encouraged by Yemen's contribution to the
"war on terror", the US has resumed arms sales,
along with loans or grants to assist the purchases. Delivery
of spare parts for F-5 fighter jets and C-130 cargo planes to
Yemen has already been approved.
Arms sales had been blocked since 1992, as
a punishment for Yemen's ambivalent attitude towards the Iraqi
invasion of Kuwait, but the Americans have now decided to
consider Yemeni requests on a case-by-case basis.
"It was deemed necessary to support
Yemen's active role in the war on terror," State
Department spokesman Tom Casey told the Associated Press last
week.
Yemeni officials have again claimed
imminent victory in their war on followers of Hussein
al-Houthi, a Zaidi cleric [see previous
article].
Although information is sparse, some
sources say the death toll in the conflict, which began in
June, has now reached 400-500 - mainly caused by the army's
use of heavy weaponry, including helicopter gunships. Besides
civilian casualties, the military have also suffered
significant losses. Last week, according to the Saudi daily,
Arab News, Brigadier-General Hamid al-Qushaibi - head of the
military field operations - was badly wounded by al-Houthi's
rebels and flown to hospital with a bullet in his kidney.
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