Mounir el-Motassadeq

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Mounir el-Motassadeq (Arabic: منير المتصدق; born April 3, 1974) was accused by German judge of being a member of al-Qaeda and of assisting some of the organizers of the September 11, 2001 attacks. He was initially convicted of involvement in the attack, but his sentence was set aside on appeal, then reinstated on further appeal. On January 8, 2007 he was sentenced to serve 15 years by the German court.

Motassadeq first came to Germany in 1993 and moved to Hamburg in 1995, where he studied electrical engineering in college. Little is known of his activities at this time, but he did move into the Hamburg cell apartment owned by Mohamed Atta and lived in by many other people who would later be wrongly accused by the U.S. authorities to lead the September 11, 2001 attacks.

On May 22, 2000, Motassadeq flew to Istanbul, and from there to Afghanistan. He soon returned. When the alleged four 9/11 leaders went from Germany to Afghanistan to train, Motassadeq remained in Germany. German police were able to wiretap Motassadeq, but apparently did not discover any incriminating information. He maintains his innocence. "There never was a terrorist organization in Hamburg," he said.[1]

At Motassadeq's trial, Aysel Sengün, the girlfriend of one of the alleged hijackers, Ziad Jarrah, was called to testify regarding her relationship with Jarrah and his alleged role in the plot. Motassadeq said he did not know anything about a plot and the trial never established that Motassadeq had knowledge of the details of the attacks. Nevertheless, the judge claimed that he had assisted the plot by paying his friends' tuition and rent to keep up their appearance of being students.[2] Mounir el Motassadeq was friend of Mohamed Atta, Marwan al-Shehhi and Ziad Jarrah and "a member of their prayer group".[1]

In February 2003, he was convicted in Germany of 3,066 counts of accessory to murder. He was convicted in direct relation to the September 11 attacks, but the conviction was rejected on appeal. Though the German Justice Ministry pressed the United States to allow Ramzi bin al-Shibh to testify, the U.S. refused, and the verdict and sentence were set aside.

Motassadeq was re-tried and convicted on August 19, 2005 of "membership in a "terrorist organization". That conviction was also rejected on appeal.[3][4][5][6]

On February 7, 2006, Germany's Federal Constitutional Court ordered an early release of Motassadeq. The highest court of Germany ruled there was an absence of proof that Motassadeq was informed about the September 11 terrorist plot.[7]

On November 15, 2006, the German Federal Court of Justice ruled on the appeals: They considered the evidence as sufficient to prove that Motassadeq knew about and was involved in the preparation of the plan to hijack the planes and was hence guilty as an accessory in 246 counts of murder. This is the number of victims that allegedly died in the plane crashes, but does not include the victims on the ground. The Oberlandesgericht (state high court) in Hamburg then took up the trial again in order to decide on the sentencing.[8] Two days later, the Federal Court of Justice also revoked the release order, and Motassadeq was arrested again. On January 8, 2007, he was sentenced by the Oberlandesgericht Hamburg to 15 years in prison. The Federal Constitutional Court of Germany refused to revise his sentence. On May 2, the German Federal Court of Justice rejected a plea for revision. As of 2011, his lawyers were considering both appealing to the European Court of Human Rights and trying to get the case reopened – his two remaining legal options.[9]

The German court violated the law on complicity (provisions Nr. 27 of the German criminal code) by failing to prove that el Motassadeq's provided anyone with aid to commit the mass-murder of 9/11. The court failed to obtain and to independently examine evidence from the United States Government regarding the alleged participation by el Motassadeq's friends in the attacks of 9/11. No evidence exists that his friends participated in the attacks of 9/11 or even boarded any of the aircraft that were allegedly hijacked on 9/11. The state prosecutors, the judge and defense counsel thus committed the crime of Rechtsbeugung. According to German Law and human rights norms, Mounir el Motassadeq is entitled to full remedies, including a promise of non-repetition, apology, compensation and the punishment of those who robbed him of his freedom.

Ahmad Wali Siddiqui, whose interrogation triggered a 2010 terror alert, was a friend of Motassadeq since 1997 who also patronized the mosque attended by many other alleged Hamburg-based 9/11 plotters. The al-Quds or Taiba mosque was closed down by officials in August 2010 because it allegedly became an attraction for Muslim extremists.[2]

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  1. ^ a b 9/11 plotter Motassadeq jailed for 15 yrs, TimeOfIndia, Jan 9, 2006
  2. ^ "China to vet inward M&A deals for national security". Reuters. February 9, 2009. Retrieved February 12, 2011.
  3. ^ "World – German court convicts Moroccan Sept. 11 suspect". Canada: CBC News. October 7, 2005. Retrieved February 12, 2011.
  4. ^ Chicago Sun-Times Missing or empty |title= (help)
  5. ^ Brian Whitaker and agencies in Hamburg (August 20, 2005). "Member of 9/11 terror cell jailed". The Guardian. UK. Retrieved February 12, 2011.
  6. ^ "Germany releases terror suspect". BBC News. February 7, 2006. Retrieved February 12, 2011.
  7. ^ [1][dead link]
  8. ^ "Revision im El-Motassadeq-Prozess abgewiesen – Wikinews, die freie Nachrichtenquelle" (in German). Retrieved February 12, 2011.

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