Abdelghani Mzoudi is charged in Germany for an alleged role in the 9/11 plot. The 30-year-old electrical engineering student from Morocco is accused of accessory to murder and membership of a terrorist organization. He was arrested in October 2002 (see October 10, 2002). He is alleged to have trained in Afghanistan, transferred money, and provided other logistical support to his fellow cell members involved in the 9/11 attacks. Mzoudi had known hijacker Mohamed Atta since 1996 and had roomed with Mounir El Motassadeq, another Moroccan who was convicted of the same charges (see February 18, 2003). Mzoudi denies any involvement in the hijacking plans. [Associated Press, 5/9/2003; Washington Post, 5/10/2003; Washington Post, 8/15/2003] In Mzoudi’s trial, which begins in August 2003, his lawyers say they may explore theories during the trial about how the 9/11 attacks suspiciously served the foreign policy goals of US conservatives. One defense attorney says, “As I take a close look at the results of the investigations through my glasses, I find anomalies that are immediately apparent. They begin with passenger lists that include the Arabic names of people who are still very much alive today.” (see September 16-23, 2001]) [Washington Post, 8/15/2003; Der Spiegel (Hamburg), 9/8/2003]
September 2003: US Not Sharing Evidence about Darkazanli with Germans
German prosecutors claim that an inquiry is still under way against Mamoun Darkazanli, the Syrian businessman with ties to the Hamburg al-Qaeda cell. However, while the US had promised to share evidence against him, it is reported that the promised information has yet to be delivered. [Deutsche Presse-Agentur (Hamburg), 9/7/2003]
December 11, 2003: Secret Testimony via US Government Leads to Release of Hijacker Associate Mzoudi
Abdelghani Mzoudi, charged by the German government in assisting the 9/11 plot, is released from custody, pending completion of his trial. Mzoudi is released on bail following evidence submitted by Germany’s federal criminal office of secret testimony from an unnamed informant who says that Mzoudi was not involved with the planning for the attacks. The presiding judge in the case identifies captured al-Qaeda operative Ramzi bin al-Shibh as the likely source of the testimony. [Guardian, 12/12/2003; BBC, 1/21/2004; Reuters, 1/22/2004; Chicago Tribune, 1/22/2004] Presumably, this information comes from the US government. However, US authorities have repeatedly rejected German attempts to have bin al-Shibh appear in court for his testimony to be examined. [Associated Press, 10/23/2003; Agence France-Presse, 1/22/2004] Mzoudi will be acquitted in February 2004 and his acquittal will be upheld in 2005 as the US continues to refuse access to bin al-Shibh (see February 5, 2004-June 8, 2005).
February 5, 2004-June 8, 2005: Hijacker Associate Mzoudi Twice Acquitted After US Refuses to Cooperate with German Courts
Abdelghani Mzoudi is acquitted of involvement in the 9/11 attacks. Mzoudi is known to have been a friend and housemate of some of the 9/11 hijackers. A German judge tells Mzoudi, “You were acquitted not because the court is convinced of your innocence but because the evidence was not enough to convict you.” Mzoudi’s acquittal became likely after Germany received secret testimony from the US government that asserted Mzoudi was not part of the plot (see December 11, 2003). But the information apparently came from the interrogation of US prisoner Ramzi bin al-Shibh, and since the US would not allow Mzoudi’s defense to cross-examine bin al-Shibh, Mzoudi was released. [Daily Telegraph, 2/6/2004] Later in the year, Mzoudi acquittal is appealed to a higher court. Kay Nehm, Germany’s top federal prosecutor, again appeals to the US State Department to release interrogation records of bin al-Shibh to the court. However, the US still refuses to release the evidence, and a list of questions the court gives to the US for bin al-Shibh to answer are never answered. [Deutsche Presse-Agentur (Hamburg), 7/30/2004] On June 8, 2005, Mzoudi’s acquittal is upheld. Nehm calls the US’s government’s behavior “incomprehensible.” [Reuters, 6/9/2005] After the verdict, German authorities maintain that he is still a threat and give him two weeks to leave the country. He quickly moves back to his home country of Morocco, where he now lives. [Deutsche Welle (Bonn), 6/26/2005]
March 3, 2004: US Secrecy Leads to Overturning Conviction of Hijacker Associate El Motassadeq
A German appeals court overturns the conviction of Mounir El Motassadeq after finding that German and US authorities withheld evidence. He had been sentenced to 15 years in prison for involvement in the 9/11 plot. According to the court, a key suspect in US custody, Ramzi bin al-Shibh, had not been allowed to testify. European commentators blame US secrecy, complaining that “the German justice system [is] suffering ‘from the weaknesses of the way America is dealing with 9/11,’ and ‘absolute secrecy leads absolutely certainly to flawed trials.’” [Agence France-Presse, 3/5/2004] The court orders a new trial scheduled to begin later in the year. [Associated Press, 3/4/2004] The release of El Motassadeq (and the acquittal of Mzoudi earlier in the year) means that there is not a single person who has ever been successfully prosecuted for the events of 9/11.
October 14, 2004: Darkazanli Finally Arrested in Germany
Mamoun Darkazanli, under investigation for ties to al-Qaeda long before 9/11, is finally arrested in Germany. The Chicago Tribune calls him “one of the most elusive and mysterious figures associated with al-Qaeda and the Sept. 11 hijackers.” He has been living openly in Germany since the 9/11 attacks. The reason for the timing of the arrest is unclear, but there is speculation it may be to preempt an attempt by Darkazanli to apply for asylum in Syria, the nation of his birth. Because German anti-terrorism laws were so weak until after 9/11, he cannot even be convicted of financing terrorism. However, he is also wanted in Spain where prosecutors have been building a case against him and his associates. Germany says it intends to extradite him to Spain, but Darkazanli claims he’s innocent and is going to fight the extradition. [Chicago Tribune, 10/15/2004]
Late April 2007: Extradition Bid of Hijacker Associate Darkazanli Fails Again
Germany rejects a fresh bid from Spain to extradite Mamoun Darkazanli, a German-Syrian businessman who associated with 9/11 hijackers Mohamed Atta, Marwan Alshehhi, and Ziad Jarrah and is suspected of helping the 9/11 plot (see October 9, 1999 and Spring 2000). Germany had rejected a previous extradition request (see July 18, 2005), but German law had been amended and the Spanish, who had indicted Darkazanli on terrorism charges, tried again. The justice ministry in Hamburg was apparently in favor of extradition, but the move was blocked by the federal justice ministry, which said Germany had already investigated Darkazanli and found no grounds to prosecute him. Apparently, they could not find evidence that he supported the 9/11 plot and being a member of al-Qaeda only became illegal in Germany in 2002, so he cannot be extradited. It appears no action can now be taken against Darkazanli, and a spokesman for the justice department in the city-state of Hamburg says, “We now assume that the Darkazanli case is closed for us.” [EUbusiness(.com), 4/30/2007; Agence France-Presse, 4/30/2007]
March 21, 2009: US Special Forces Used by Afghan Drug Clan to Take out a Rival in Secret Raid, according to German Military
American Delta Force commandos in Afghanistan reportedly net a “high ranking al-Qaeda official” in a secret raid that leaves five people dead, upsetting German military officials and intelligence sources who later tell Der Spiegel magazine that the US forces are actually used by a drug clan to execute an underworld rival. The secret raid, which the Germans describe as “unilateral,” takes place in Kunduz province where German forces are assisting with security and reconstruction. According to the Der Spiegel report, the operation commences when a US liaison officer asks a German reconstruction team to guard the Kunduz airport without informing the Germans of the impending operation. A Hercules transport aircraft then lands at the airfield together with a fleet of combat and transport helicopters, which then take off for the nearby town of Imam Sahib. There, the American commandos reportedly storm a guesthouse owned by the local mayor, killing his driver, cook, bodyguard, and two of his guests. According to the US military, one of those captured is the target of the operation, a “high-ranking” member of al-Qaeda, but Der Spiegel reports that the tip-off to the person’s location comes from a source in a rival drug clan close to a member of the Afghan government reputed to be deeply involved in the drug trade. High-ranking German commanders in Afghanistan are later understood to have alerted Der Spiegel to the mission and intelligence sources explain how the Americans are “set up.” There will be no immediate comment from the American military regarding the allegations. [Der Spiegel (Hamburg), 3/30/2009; Daily Telegraph, 3/30/2009]
