MotassSadeQ process will probably be rolled up for the second time
Nothing is decided that the Karlsruhe Richter Oracleten just a bit: Accordingly, the Federal Court of Justice (BGH) will probably follow the reasoning of the Federal Prosecutor’s Office, after the Mounir El-Motassadeq had to be sentenced to the murder for aid. In the case, the procedure was referred to the Hanseatic Higher Regional Court. The goods of the third infusion of the world’s first process associated with the terrorism of the 11th. September 2001.
On 22. In October 2002, the world’s first Al-Quida process against Mounir El-Motassadeq, a technical student, which should have been a technical student of Mohammed Atta, began in front of the OLG in Hamburg. He became aid to the murder in more than 3.000 Fallen and membership in a terrorist union accused.
At 19. February 2003 MotassSadeQ was sentenced to the highest punishment of 15 years of prison. His defenders raised revision against this judgment and they managed to convince the judges in Karlsruhe that their client has been denied the right to a fair procedure. The lawyers founded this first and foremost that Ramzi Binalshibh could neither be heard as a massive witness nor was the Hamburg court allowed to reject it in the USA. Ramzi binalshibh obese to the circle around Mohammed Atta and had claimed in an Al-Jazira interview of themselves to the wire drawers of the Attentate. He was arrested in September 2002 by American intelligence tagents, brought to an unknown place and hated there. Presumably under conditions that were not accepted by German courts, all process participants agreed in Hamburg. But apart from the unspoken torture accusation, the probably most important witness in the entire process for the chamber simply not tangible. Both sides, both indictments and defense, hoped for binalshibh the confirmation of their view. That’s why everything became possible to realize a bustle with him.
But the failed at the attitude of the state-of-state US resistance, or., of the awarded Office, which later has been made a detailed Protocol of the Versatile BinalshibHS – but only for internal use, without the right to publication and with the expressionous instruction not to make the fonts on the subject of the Hamburg procedure (no stress with the USA To)
At 4. Marz 2004 decided the BGH that the process will be rewritten. On the 7. April 2004, the MotassadeQ imprisoned for about two and a half was released from detention, so that at the beginning of the second process) on 10. August 2004 could enter the courtroom as a freelance man.
If the first process of process had been an absolute media sensation, to which television team came from all over the world, the second process was rather quietly. Many colleagues were Mude, and again the same witnesses to horns, some of which had seen in the meantime in the second Hamburg al-Qaeda process against Abdelghani Mzoudi. In the witnesses, the memory was now strongly faded or the memory of actually experienced mixed with press releases or horensagen.
The minutes of the United States’ logs remained under closure, only in May 2005, a collapse was faxed to the court. Accordingly, the prominent al-Qaeda prisoner has said that MotasSadeq and Mzoudi did not know anything about the stop plans. However, this statement was severely doubted by American intelligence services as well as the BKA, as Al-Qaeda members are trained to strain their insights, nobody – or only dead people. The court was in principle exactly as smart as before.
Meanwhile, the BGH confirmed the acquittal MZOUDIS. The Hamburg Richter had spoken him tooth-ridden from lack of distant and Karlsruhe had followed his argumentation. Now it was generally expected that MotassSadeQ was also freely spoken. But the chairman Judge Ernst-Rainer does not get the matter: he condemned MotassSadeq for membership in a terrorist association to seven years imprisonment, as he looked at it as proved to be "hard core" to attend Atta. According to Schudt, in this "hard core" there was still a "quite hard core": those who have been inaugurated in the plan. And MotassSadeq and Mzoudi had not lated. SCHUGT also ordered the enforcement of the arrest warrant, which had been suspended in April 2004. The handcuffs clicked in good hands and the visibly shocked Motassadeq was taken off. On the 7. February 2006 he was released from detention again.
Both sides laid against the judgment of Richter Schudt revision: The Federal Prosecutor’s Office, because she did not see the accusation of the aid to the murder and the defense, because it looked at the membership in a terrorist union as not proven. The judges currently have to be located in Karlsruhe. Last Thursday, the deliberations began, the arbitration should be on 16. November 2006 are scheduled.
Contrary to her other habits, the judges exercise at the beginning of their meeting a guess, as their decision is expected: Accordingly, the application of the Federal Procurable Office was granted and the process rejected back to Hamburg. Because there was clearly a different judgment, according to the chairman Richter Klaus Tolksdorf had. In the verdict, the Hanseatic OLG ames that MotassSadeq was roughly inaugurated into the tarpaulin and at least knew that a stop was planned by aircraft in which at least occupation and passengers were dying. This conclusion did not reveal the chamber under SCHUGT, although she had suffered to condemn the aid to murder and thus for the highest punishment of 15 years imprisonment.
Now it is now waiting for the entire procedure to be repeated again: whether the same witnesses will be held again, which is probably even less reminiscent and their statements are even stronger of media reports and gossip and gossip and whether petitioners in the USA again to be sent to reach a hearing binalshibs. In first media reports was read from the option not to repeat the entire process, but only to advise the verdict. As I said, the judges have not decided, but only a first drawing. So remains a lot of time for all sorts of courage.
Meanwhile, Mzoudi has left the FRG for the prere of Hamburg and lives with his family in Morocco (dispute over prisonment). MotassSadeq also offered to shut up immediately in the event of an acquittal.