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Europe
Crusading Spanish judge ousted for using wiretaps
2012-02-10
Judge Baltasar Garzon, renowned for indicting late Chilean dictator Pinochet, may be facing the end of his career on the bench after Thursday’s ruling by the Spanish Supreme Court barring him from the judiciary for 11 years.

Garzon violated the constitutional rights of defendants in a corruption case when he ordered their communications monitored during pre-trial detention, the Spanish Supreme Court said in a unanimous ruling. By recording the jailed defendants’ telephone calls, Garzon hampered their right to a defense "without any reason that could be minimally acceptable," concluded the high court.

Garzon argued during the trial that it was necessary to monitor the defendants’ communication to ensure they did not continue to operate their purported criminal enterprise while imprisoned.

Suspended in 2010, Garzon will now be stripped of his judgeship on Spain’s National Court, established to deal with terrorism as well as major drug and corruption cases.

The magistrate who indicted Pinochet and successfully prosecuted Al Qaeda and ETA terrorists still awaits a verdict in a case brought against him for allegedly violating a 1977 amnesty law by initiating investigations of the crimes of the Franco regime. Another trial, in which Garzon is charged with accepting improper payments for speeches, is ongoing.
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Europe
Spanish judge starts Guantanamo torture probe
2009-04-30
[Al Arabiya Latest] A Spanish judge started a criminal investigation on Wednesday into alleged torture of detainees in the U.S. base at Guantanamo.

Judge Baltasar Garzon, who once tried to extradite former Chilean dictator Augusto Pinochet, will probe the "perpetrators, the instigators, the necessary collaborators and accomplices" to crimes of torture at the prison at the U.S. naval base in southern Cuba, he said in ruling

The judge based his decision on statements by Hamed Abderrahman Ahmed, known as the "Spanish Taliban" and three other former Guantanamo detainees -- a Moroccan, a Palestinian and a Libyan -- who alleged they had suffered torture at the camp.

"It seems that the documents declassified by the U.S. administration mentioned by the media have revealed what was previously a suspicion -- the existence of an authorized and systematic program of torture" at Guantanamo and other prisons including that in Bagram in Afghanistan, Garzon said
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Europe
Gaarzon rules out dropping Gitmo probe
2009-04-19
[Al Arabiya Latest] A Spanish judge considering possible criminal action against six former Bush administration officials for torture at the U.S. prison at Guantanamo Bay defied pressure to drop the case on Friday.

However Judge Baltasar Garzon, internationally known for trying to extradite former Chilean dictator Augusto Pinochet, accepted that he might not personally take charge of any eventual criminal investigation into officials including former U.S. Attorney General Alberto Gonzales.

Public prosecutors at the National Audience, Spain's top criminal court earlier issued an official request to Garzon to drop the investigation. They said Garzon was unqualified to carry out such a "general inquiry into policies put in place by the previous U.S. administration."
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Europe
Three small bomb explosions rock Spain
2008-05-02
Three small bombs exploded early on Thursday in Spain’s Basque city of San Sebastian and a nearby town after a warning call claiming to be from Basque separatist rebels ETA, said Spanish local officials. The caller warned of the two bombs in San Sebastian but not of another device which exploded shortly afterwards in the town of Arrigorriaga, Guipuzcoa province. There were no injuries.

Two bombs went off outside a Basque Justice and Employment Department building in San Sebastian and another blast took place near a Labour Ministry building in Arrigorriaga, coinciding with Workers’ Day, which is a national holiday in Spain.

“The damage looks quite spectacular, there were some vehicles inside the building complex and the door has been blown off,” Arrigorriaga’s Mayor, Alberto Ruiz, told state radio. “But I don’t think the damage is worth a lot,” he added. The events also came one day after Judge Baltasar Garzon denied Basque MayoressInocencia Galparsoro bail and sent her to prison, pending trial, for supporting the aims of ETA.
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Europe
Spain jails 6 on terror charges, frees 6 others
2007-06-02
A Spanish judge ordered six people held in jail on provisional charges of belonging to a terrorist group, while freeing six others, the National Court said on Friday.

The 12 were among 16 people - 14 Moroccans and two Algerians - arrested Monday on suspicion of recruiting volunteers for the insurgency in Iraq and other countries. Four were released Tuesday but are still considered suspects.

Besides the six jailed by Judge Baltasar Garzon, four were released on bail of 3,000 (US$4,036) while two were ordered to appear before a court each week.

Abdelaziz Houari Mellas and Mostafa Aztout, two of the six jailed, were alleged to be the leaders of the recruiting cell.

The court said computer material, jihad propaganda and several mobile phones seized during the pre-dawn raids Monday were being investigated. No arms or explosives were discovered.

Police said the operation was connected to one in January 2006 in which 22 people were arrested in raids against jihad-recruitment cells in Spain.

Since the Sept. 11, 2001, attacks in New York and Washington, Spanish police have arrested hundreds of Islamic terror suspects, many in connection with the 2004 train bombings in Madrid, which killed 191 people.

In recent years, police have focused on cells suspected of recruiting mujahedeen fighters and suicide bombers or for collecting money to finance Al Qaeda and linked groups abroad.

Twenty-nine suspects, most of them Moroccan, are on trial in the Spanish capital for their alleged roles in the train attacks. The attacks were claimed by Islamic radicals to avenge the presence of the country’s troops in Iraq and Afghanistan.
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Terror Networks
Abu Musab al-Suri's planning still lives
2006-03-11
Abu Musab al-Suri might be the most dangerous terrorist you've never heard of. According to those who study such things, he is a man more dangerous for his ideas than any particular operation.

And what is worse is that ideas can live on long after operations -- so the fact that al-Suri is now in custody may not make him any less dangerous.

CNN recently obtained a series of videotaped lectures that al-Suri gave at his own training camp in Afghanistan six years ago. In them, he sketches out a vision on a whiteboard of what al Qaeda would become today - when it would need to be a looser, more diverse structure.

"He was thinking about what the post-9/11 strategy would look like for al Qaeda and having cells that would be hard to trace -- and cell leaders; making it flatter, an organization harder to penetrate," says CNN's terrorism analyst Peter Bergen, who met al-Suri nine years ago.

The al Qaeda of today looks remarkably like what al-Suri was drawing on that whiteboard - local cells in each country with little or no contact with an overall organization, but fighting for a common cause and under a common banner, in the name of jihad.

It is those kinds of al Qaeda cells inspired if not ordered by Osama bin Laden that spawned such attacks like that in Madrid in 2004 -- the second anniversary now upon us -- or the London bombings last summer.

So how did al-Suri come to play such a prominent role?

Mustafa Setmariam Nasar was born in Syria in October, 1958. As a young man, he was part of a failed uprising by the Muslim Brotherhood against that country's dictator, Hafez al-Assad.

After Assad brutally crushed that putative revolt, Setmariam set off for Afghanistan and the jihad against the Soviets, taking the nom de guerre Abu Musab al-Suri, "the Syrian."

He wrote later that he met Osama bin Laden in 1988 and joined al Qaeda soon after.

Instead of staying in Afghanistan, which degenerated into anarchy after the Soviet withdrawal, al-Suri moved to the West -- first to Spain then to north London, where he continued his work on the jihadi fringes.

A photo taken from that era captures a man looking very much at home in the West -- a redhead with blue eyes and blue jeans.

He called himself a journalist and editor, but also worked as a go-between. In 1997, he took Peter Bergen and a CNN crew to meet Osama bin Laden in Afghanistan. "He seemed to be a very intelligent guy, a very well-informed guy and a very serious guy," Bergen recalled.

Al-Suri was not a slavish follower of bin Laden; he was to criticize him as a "Pharaoh" for the way he set up and ran al Qaeda.

Indeed, al-Suri was launching his own vision of a successful jihad movement and he decided the best way to put it into practice was by returning to the Taliban's Afghanistan and setting up his own training camp, just outside the capital Kabul.

There, as the videotapes show, he sketched out his vision. You can see him draw a diagram that starts with a single point at the top and branches down from there. That was, he said, the wrong sort of organization, one that could be easily penetrated - one that by implication resembled al Qaeda before September 11.

Instead, he showed his students how to return to their own countries and set up their own cells. Don't make them more than 10 people, he said.

"You shouldn't expand or form too many [cells]," he lectured. "Form a cell with six people that you know, [even if] they don't know each other, in case you are caught they are all caught."

There is no reason to believe that al-Suri knew about September 11 until after September 11. But much of what he predicted came to pass - al Qaeda lost its foothold in Afghanistan when the Taliban was overthrown by the Northern Alliance and the U.S.-led coalition.

It has been commonplace since then to talk about how al Qaeda transformed itself from an organization into a movement and just how that happened might be due in part to al-Suri and his classes in Afghanistan.

One of his alleged proteges has been linked to the planning of the Madrid train bombings. Though al-Suri's name was mentioned early on in both the Madrid and London investigations, no evidence emerged to provide a direct operational link.

Judge Baltasar Garzon, who has been investigating Islamic terrorism in Spain since the 1990s, indicted al-Suri among more than 40 suspected al Qaeda leaders that also included Osama bin Laden.

In an Internet posting, al-Suri denied any connection to the Madrid attacks but praised them.

Al-Suri spent much of his time since September 11 on the run, after the U.S. put a $5 million price on his head. Two years ago, he published what he called his "History of the Jihad," a 1,600-page work, on the Internet where it has appeared on various Web sites.

Portions of his lectures also showed up on the Internet and made the rounds on VHS and video CD.

"To the extent that al-Suri played a pretty important role in creating the ideological movement and the way it should be organized in the post 9/11 era, he bears some responsibility for some of these attacks [in Europe]. Even if it is not an operational responsibility, it is an ideological responsibility," says Bergen.

Al-Suri was finally captured late last year in Pakistan. His whereabouts since have remained shrouded in secrecy, but just this past week, his wanted poster was removed from the State Department's Rewards for Justice Web site.

In an Internet message attributed to him and posted after his capture, he boasted: "I have in me a joy stronger than the joy of the farmer who sees the harvest of his fruits after a long planting and efforts and patience throughout decades of building."

We don't know how many people al-Suri trained at his camp or influenced through his Internet postings, but even with his capture, we may not have heard the last of Abu Musab al-Suri or his ideas.
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Britain
UK extradicts al-Qaeda member to Spain
2006-02-16
Britain’s appeal court ruled on Wednesday that a man accused of being part of a group that helped the Sept. 11 attackers should be extradited to Spain.

Tunisian-born Hedi Ben Youseff Boudhiba, 45, is alleged to have helped provide money and false documents for al-Qaida. “I would conclude that, even though it may turn out that the appellant is of low intelligence and might be unfit to stand trial, it is not unjust or oppressive to extradite him to Spain,” Lady Justice Smith said at the court.

Boudhiba is alleged to have traveled from Hamburg to Istanbul on Sept. 3, 2001 with a man named Ahmed Taleb, a member of the Hamburg cell to which three of the Sept. 11 pilots, including plot leader Mohammed Atta, belonged. Spain’s top terrorism investigator, Judge Baltasar Garzon, has also linked Boudhiba, known by the alias “Fathi”, to a network which plotted to use the deadly toxin ricin in London in January 2003.

Boudhiba was arrested in August 2004 as he attempted to board a flight to Barcelona from Liverpool.

In June last year, a judge at London’s Bow Street Magistrates Court ruled that he could be extradited to Spain, where he is wanted on terrorism charges. But he challenged the extradition ruling on mental health grounds.
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Europe
Al-Qaeda suspect jailed over 9/11
2005-09-26
A Spanish court has jailed a man accused of heading a Spanish al-Qaeda cell for 27 years for helping to organise the 9/11 attacks in the US.
Imad Yarkas was jailed along with 17 other men convicted on charges of aiding al-Qaeda. Two others accused of involvement in the attacks were among six cleared in Europe's biggest terror trial. A journalist for Arabic TV network al-Jazeera was also jailed for seven years for collaborating with al-Qaeda. The 17 men convicted were sentenced to between six and 11 years in jail for a range of offences. But the judges dismissed evidence of recorded telephone calls used by the prosecution, saying they were misleading and often based on misunderstandings of the Arabic language.

The case pre-dated the Madrid bombing in March 2004 that killed 191 people and has been seen as a testing ground before the trial of those suspected of involvement in the bombing begins next year. The defendants included Syrian-born Imad Yarkas, the alleged head of an al-Qaeda cell in Spain. Yarkas, 42, was accused of heading a cell that allegedly provided funding and logistics for the people who planned the 2001 attacks on the World Trade Center and the Pentagon. Along with co-defendant Driss Chebli, he is said to have set up a meeting in June 2001, which was allegedly attended by at least one of the attack ringleaders, Mohammed Atta.

The third, Ghasoub al-Abrash Ghalyoun, was accused of filming the twin towers and other targets, material which was passed on to al-Qaeda operatives. Yarkas has dismissed the trial as a farce, denied knowledge of al-Qaeda leader Osama Bin Laden and condemned the 11 September attacks.

The other defendants - mostly men born in Syria or Morocco - were charged with belonging to a terrorist group, but not of planning for 11 September. They faced sentences of nine to 21 years if convicted. Among them was a journalist from the Arabic TV station al-Jazeera, Tayssir Alouni, who interviewed Bin Laden after the attacks, jailed for seven years for collaboration.

Throughout the trial defence lawyers argued that the case consisted of doubts and suspicions but little concrete evidence. All the defendants were part of a group of 41 suspects indicted by Judge Baltasar Garzon.
Judge Garzon has said that Spain was a key base for hiding, helping, recruiting and financing al-Qaeda members in the lead-up to the attacks on New York and Washington.
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Europe
Al Qaeda accused face 70,000 years in jail
2005-09-23
Spain's High Court is due to deliver its verdicts on Monday on 24 people accused of al Qaeda membership, including three who face more than 70,000 years in jail each if convicted of helping the September 11 hijackers.

The verdicts will be a crucial test of the credibility of the multiple investigations of Islamist militants launched by Spanish magistrates and around Europe.

The three-judge panel heard from more than 100 witnesses during a two-and-a-half month trial that ended in early July -- Europe's biggest trial of suspected Islamist militants.

September 11-related prosecutions around the world have had little success.

The central figure in the Madrid trial is Imad Eddin Barakat Yarkas, also known as Abu Dahdah, who is accused of being the leader of an al Qaeda cell in Spain.

If convicted of helping the hijackers plan the 2001 attacks on New York and Washington, he could face jail terms of 74,337 years -- 25 years for each of 2,973 people killed plus 12 years for leading a terrorist group.

Yarkas and two others could be asked to pay a total of more than $1 billion (555 million pounds) in compensation to families of September 11 victims.

Yarkas and the other defendants have protested their innocence, saying there is no basis for the charges.

"It's a myth. No cell exists," Yarkas told the court. "All of us here are friends and neighbours ... and they have tried to invent a cell."

Yarkas and Driss Chebli, another defendant, are accused of helping prepare a July 2001 meeting in Spain at which prosecutors say the September 11 attacks may have been planned.

Investigators believe hijacker Mohamed Atta and Ramzi bin al-Shaibah, suspected coordinator of the US attacks, attended the meeting.

Chebli also faces prison sentences totalling more than 74,000 years if convicted on all counts.

The third defendant accused of a role in the September 11 attacks is Syrian-born real estate developer Ghasoub al Abrash Ghalyoun, who prosecutors say travelled to the United States in 1997 and filmed New York City landmarks such as the World Trade Centre, the Empire State Building and the Statue of Liberty.

He is alleged to have passed on the videotape to al Qaeda.

However, the video, played at the trial, bore all the hallmarks of standard holiday picture-taking, with pictures of friends that included the cue "Say cheese".

The High Court freed Ghalyoun on bail in May, indicating the judges may be leaning towards acquitting him, legal sources said. Five other defendants were conditionally freed in June.

However, two other defendants freed for health reasons, including Al Jazeera journalist Tayseer Alouni, were re-arrested last Friday. The court considered them a flight risk.

Alouni and Jamal Hussein each face nine years in prison if convicted of belonging to a terrorist group.

Alouni interviewed al Qaeda leader Osama bin Laden shortly after the September 11 attacks. Prosecutors accuse him of carrying money intended for al Qaeda members during visits to Afghanistan for his journalistic work. He denies the allegations.

The case, which pre-dates the al Qaeda-linked Madrid train bombings of March 11, 2004 that killed 191 people, is one of several probes of Islamist militants launched by crusading Judge Baltasar Garzon. Another judge has accused more than 100 people of a role in the March 11 attacks.
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Europe
'Al-Qaeda man' wins German appeal
2005-07-18
Germany's highest court has ordered the release of a German-Syrian businessman suspected of funding al-Qaeda, who was fighting extradition to Spain. The federal constitutional court ruled that the new European arrest warrant was invalid in the case of Mamoun Darkazanli, 46. He was detained in Hamburg in October on the warrant issued by Spain. He appears in a 1999 wedding video with two of the three 11 September suicide hijackers who had lived in Hamburg.
Weddings = islamist family get-togethers
Mr Darkazanli has not been charged in Germany, whose constitution prohibits the extradition of its own citizens. German Justice Minister Brigitte Zypries said the court ruling was "a blow for the government in its efforts and fight against terrorism".
After the September 2001 attacks, the US froze the assets of Mr Darkazanli's Import-Export Company, saying it was a front for terrorism. He is among 41 suspects, including Osama bin Laden, indicted by Spanish Judge Baltasar Garzon. His case was a test of the new European arrest warrant, introduced last year to speed up the handover of terror suspects. Correspondents say all other suspects in Germany facing extradition under similar warrants will have to be released on bail, and that the German parliament will have to pass a new law if suspects are to be held in jail on EU warrants.
Mr Darkazanli's lawyers argued that handing him over under the European arrest warrant would be against the German constitution. He has always denied any involvement in terrorism, saying he only knew the 9/11 hijackers by sight.
A spokesman for the European Commission voiced regret that Germany had failed to implement the arrest warrant and urged it to bring its national legislation into line with EU policy. But Martin Selmayr also insisted that the arrest warrant was still valid. "From a first reading, it's a judgment that declares null and void the German implementation law, not the European arrest warrant," he said.
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Europe
Spanish downplay Nasar link to London bombings
2005-07-12
Spanish officials have downplayed British press reports that a Syrian-born Spaniard -- Mustafa Setmarian Nasar -- who is linked to al Qaeda activities and the Madrid train bombings, was also behind the London bombings last week.

"That is not a fact that has been even minimally confirmed," Spain's secretary of state for security, Antonio Camacho, said at a public appearance in the town of El Escorial, near Madrid, on Monday.

"The English authorities have not transmitted that to us," added Camacho, whose rank is equivalent to a deputy minister of interior.

Setmarian was indicted in 2003 by Judge Baltasar Garzon and is wanted on a Spanish arrest warrant. Garzon accused Setmarian of helping to organize one of the first al Qaeda type cells in Spain in the middle 1990s. Setmarian has not been in Spain for about a decade.

He later spent time in London, where he was director of an Islamic extremist magazine, Al Ansar, and has also been in direct contact with Osama bin Laden and spent time in Afghanistan in terrorist training camps, according to Spanish court documents.

Setmarian is linked to some of the 24 al Qaeda suspects currently on trial in Madrid. The group includes three charged with helping to plan the Sept. 11, 2001, attacks in the United States.

The suspected leader of the cell, a Syrian-born Spaniard, Imad Eddin Barakat Yarakas, testified during the trial that he knew Setmarian.

Setmarian has not been charged in the separate investigation into the Madrid train bombings last year that killed 191 people and wounded more than 1,500. But late last year, the prosecutor in the train bombings asked the investigating magistrate to include information about Setmarian in that case.

A National Police spokesman told CNN on Monday that British press reports regarding Setmarian were unfounded.

Setmarian's name may have emerged, the spokesman indicated, because Spanish police attended a meeting on Saturday with London police -- as did police from various other nations -- and a starting point was to compare information on known terrorists suspects.
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Europe
Azizi and Nasar loom large in Spanish anti-terrorism fight
2005-07-05
One is a self-proclaimed al Qaeda trainer who openly advocates attacking the United States with weapons of mass destruction.

The other remains in the shadows, charged in connection with the Sept. 11, 2001 attacks, and -- if a Spanish prosecutor's suspicions are well grounded -- quietly planning the next major strike on the West.

Mustafa Setmariam and Amer Azizi have both played a starring role in the trial of 24 suspected al Qaeda members that began in April and is expected to conclude this month.

Neither is present in court at Europe's biggest trial of suspected Islamists, but they are the men prosecutors keep asking witnesses about.

Spain has arrested some 200 Islamist militant suspects in recent years as part of nine separate investigations. Setmariam and Azizi, however, have escaped the dragnet and remain two of the country's most wanted fugitives.

They are intelligent, trained in Afghan militant camps, and carry Western passports, both having obtained dual nationality by marrying Spanish women.

The Syrian Setmariam, 46, has been portrayed by investigators as an extroverted and aggressive recruiter of holy warriors.

The Moroccan Azizi, 37, is more reserved and said to be a diligent student of Islam. He is also suspected of involvement in al Qaeda's deadliest attacks of recent years.

"Apart from Setmariam, Azizi is the most dangerous one out there. He is out there planning an attack. I don't know in what country, but it will be something big," says Pedro Rubira, the chief prosecutor in the al Qaeda trial.

"They both have been totally involved ever since they were little. Why would they stop now?" Rubira said.

Spanish Judge Baltasar Garzon has charged Azizi with mass murder for the Sept. 11 attacks, saying he helped arrange planning meetings in Spain in 2001 that were attended by lead hijacker Mohamed Atta.

He is also under investigation in connection with the May 16, 2003, attacks in Casablanca, Morocco, in which 45 people died including 12 suicide bombers.

His stature among violent militants in Madrid was so high that a leader of the 2004 Madrid train bombings asked for his blessing before carrying out the attack, Rubira said.

As for Setmariam, one U.S. counterterrorism official said, "He's certainly an al Qaeda member and a former trainer who was involved in the Derunta and al-Ghuraba terrorist camps in Afghanistan. He trained in poisons and chemicals. ... And there is indeed a reward on his head."

The United States is offering $5 million for information about Setmariam.

The U.S. official would not comment on the possible whereabouts of either man nor gauge the level of threat they might pose.

Rubira, when asked the same questions, shrugged his shoulders.

Setmariam said in a posting on a militant Islamist Web site dated December 2004 that he has decided to "isolate himself". There is no trace of him in Spain since 1995.

Private French investigator Jean-Charles Brisard says Azizi fled Spain for Iran where he joined up with a group loyal to Abu Musab al-Zarqawi, the Jordanian who claims to have carried out many of the deadliest attacks in Iraq.

Suspects and defence lawyers say Spanish investigators routinely exaggerate the threat of suspected militants because the have a poor grasp of Arabic and confuse Muslim customs with suspicious activity.

Defence lawyers in the al Qaeda trial under way confidently predict their clients will be cleared, and even the U.S. official said some of the Spanish accusations against Azizi's involvement in planning the Sept. 11 attacks "may be exaggerated."

Setmariam, in his Web posting, called for defeating the United States through three options.

One was through natural disaster sent by God and another was through "resistance and long-term guerrilla warfare" as seen in Fallujah or the Palestinian territories.

"The last option is to destroy America with nuclear, chemical or biological weapons of mass destruction," Setmariam wrote. "The mujahideen should try to obtain or purchase them with the help of those who possess such weapons, or to build crude or dirty bombs."
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