A Moroccan man accused of helping to plot the Sept. 11 attacks on the United States goes on trial for the second time in Germany this week. But the retrial of Mounir el Motassadeq on conspiracy and terrorism charges, which starts on Tuesday, is already threatened by disagreements with the United States over evidence from a leading Al Qaeda figure currently in American custody. Motassadeq was the first person convicted in connection with the 2001 attacks and was sentenced to 15 years' jail in 2003. But he won an appeal in March this year and was freed the following month pending a new trial -- sparking anger in Washington, which called him "dangerous". Germany has been pressing the US to let judges question Ramzi bin al-Shaibah -- a leading Al Qaeda figure captured in Pakistan in 2002 who is thought to have masterminded the Sept. 11 attacks -- or to allow transcripts of his interrogation to be used at the retrial. Washington has so far resisted on security grounds. As well as evidence from bin al-Shaibah, Germany has asked for testimony, either directly or in writing, from another top Al Qaeda figure, Khalid Sheikh Mohammed, and suspected Sept. 11 plotter Zacarias Moussaoui, former CIA head George Tenet and FBI Special Agent Matthew Walsh, a court spokeswoman said. So far, however, the requests as well as a list of questions Germany would like put to bin al-Shaibah have gone unanswered. It is unclear whether a response will come before the end of the trial. "There has been no answer, we must wait and see what reaction comes from the United States," the spokeswoman said. Motassadeq's lawyer has said he would challenge any evidence from bin al-Shaibah on the grounds that it may have been gained through the use of torture.
Hamburg became one of the main focuses of investigations into the Sept. 11 hijack attacks after it emerged that several of the plotters had lived in the northern port city. But prosecutors have faced mounting criticism after their failure to secure a conviction against Motassadeq or fellow-Moroccan Abdelghani Mzoudi, who was acquitted of similar charges in February and now faces an appeal by prosecutors. The two were part of a circle of Arab students living in Hamburg which included three of the Sept. 11 hijackers and bin al-Shaibah, who has boasted of his role in masterminding the strike on the World Trade Center and the Pentagon in 2001. Federal Prosecutor Kay Nehm travelled to the US in April to request help from authorities there but has been heavily criticised for not pursuing the investigation against suspected Sept. 11 plotters vigorously enough. According to the influential news weekly Der Spiegel, the government has become increasingly concerned about the handling of the case and Interior Minister Otto Schily has pushed vigorously for tougher controls on militant suspects. Whatever the final result of both cases, the government considers both Motassadeq and Mzoudi pose a particular threat to Germany and has served deportation orders that would come into effect at the end of the criminal cases, subject to appeal. |