Terrorism Indictment: British Islamic Cleric Abu Hamza
al Masri
Steven C. Welsh, CDI Research Analyst,
swelsh@cdi.org
June 8, 2004Attorney General John Ashcroft on May 27, 2004, announced
an 11-count terrorism indictment against British Muslim cleric Mustafa Kamel
Mustafa, a/k/a Abu Hamza al-Masri. The announcement followed the defendant's
arrest at his London home during a pre-dawn raid conducted at U.S. request by
New Scotland Yard.
The indictment alleges involvement with a 1998 hostage-taking in Yemen,
violent jihad in Afghanistan, and support for both the Taliban and al Qaeda, the
latter including attempts to help establish an al Qaeda training camp in Oregon
in 1999 and 2000. The indictment comes as part of the Bush administration's
multi-faceted legal approach to terrorism, with some alleged terrorists
prosecuted by civilian courts while others are deemed combatants and held by the
military.
Anglo-American Extradition and the Death Penalty
In this case, Abu Hamza is in British custody and the United States is
seeking extradition. Complicating extradition is the fact that, publicly
acknowledged by Ashcroft, the charges relating to hostage-taking can bring the
death penalty. The United Kingdom opposes the death penalty and under British
law, before granting extradition, must demand a U.S. pledge not to execute.
Such a pledge, however, might not be binding. In the event the defendant were
extradited and found guilty of a capital crime, the United States might be
constrained only by the prospect that carrying out an execution might antagonize
the British and impede future extraditions.
A new extradition treaty between the United States and the United Kingdom
theoretically could have provided extradition in as quickly as four months, but
exhausting all appeals could extend the process to around a year.
Disco Doorman Turned Anti-Western Imam
Abu Hamza, a former Soho discotheque doorman and Egyptian exchange student,
became a British citizen through marriage, only to later divorce his British
wife. After returning to Egypt to reinvent himself as a Muslim holy man, Abu
Hamza traveled to South and Central Asia. He later claimed to have fought with
Islamic insurgents against the Soviet occupation in Afghanistan, losing an eye
and a hand. It is unclear, based upon the timing of his travels, whether Abu
Hamza would have been in Afghanistan before the Soviet withdrawal or if he would
have arrived during the post-occupation power struggle.
After returning to the United Kingdom, Abu Hamza became an anti-Western imam
at the Finsbury Park Mosque in Northern London, a house of worship which has
been linked to al Qaeda. He eventually would be shut out of the mosque by
British authorities but continued to preach in the street out front.
Based on allegations of terrorist ties, the United Kingdom began the process
of stripping Abu Hamza of his British citizenship. It also had been considering
the prospect of responding favorably to an extradition request from Yemen,
which, like the United States, is seeking Abu Hamza on terrorism charges.
The U.S. indictment, handed down by a federal grand jury in April 2004 and
unsealed on May 27, 2004, contains 11 counts. They include multiple counts for
each relevant set of events, such as conspiracy -- working with others to plan
or facilitate particular crimes -- as well as more direct involvement with the
events of the alleged crimes themselves.
Yemen Hostage-Taking
Some counts relate to hostage-taking in Yemen in 1998 that resulted in the
deaths of four hostages during a shoot-out with Yemeni government forces. Abu
Hamza is accused of helping facilitate the attack. Examples include providing
the hostage-takers with a satellite phone, receiving calls from that phone the
day before the attack, talking with the hostage-takers after the attack, and,
while the hostage-taking was underway, purchasing an additional 500 British
pounds of satellite phone airtime. He also is alleged to have served as an
intermediary between the hostage-takers and another alleged co-conspirator.
The group blamed for the hostage-taking was not al Qaeda, but the Abyan
faction of the Islamic Army of Aden.
Oregon Al Qaeda Jihad Camp
The indictment also alleges Abu Hamza involved himself with efforts in 1999
and early 2000 to establish an al Qaeda training camp in Bly, Oregon. It accuses
him of providing material support and resources and otherwise facilitating the
effort. The indictment focuses in part on alleged discussions between Abu Hamza
and other alleged co-conspirators about plans for the camp, and communications
to Abu Hamza regarding the stockpiling of weapons and ammunition.
Afghanistan Jihad and Support for Al Qaeda
The indictment goes on to advance several counts alleging that Abu Hamza,
from mid-2000 to December of 2001, conspired with others to facilitate violent
jihad in Afghanistan by providing terrorists with material support and resources
and concealing it. In some counts, relating to providing material support to one
of the groups officially deemed a "designated foreign terrorist organization,"
the indictment in particular alleges that Abu Hamza provided support to al
Qaeda.
U.S.-U.K. Fundraising Connection
The indictment also describes a U.S.-U.K.
fundraising connection in support of a trip to Afghanistan by confederates. It
alleges that Abu Hamza in June 2000 sent an unnamed co-conspirator to a Long
Island mosque to raise money for a "hijrah" fund held by Abu Hamza's London
mosque. Monies from that fund allegedly later would finance a trip to
Afghanistan by the fundraiser and another co-conspirator. The indictment cites
directives by Abu Hamza that once in Afghanistan the two were to seek out a
particular terrorist "front-line commander," who was expecting the second
co-conspirator (i.e., the one accompanying the fundraiser).
The indictment alleges that the two unnamed co-conspirators journeyed to
Pakistan in November 2000, shortly after which they entered Afghanistan. Counts
relating to activities occurring in Taliban-controlled areas allege that the
reason for the meeting with the terrorist front-line commander was that the
second co-conspirator was seeking to undergo training in violent jihad.
Taliban Computer Lab and Other Allegations
Relating to the Taliban and Taliban-Controlled Areas
Support and Web Site Messages
In its final count, the indictment alleges that Abu Hamza provided goods and
services to the Taliban, and sets out various connections to the Taliban or
Taliban-controlled areas.
For starters, it alleges that from the spring of 2000 "up to and including at
least Sept. 6, 2001" Abu Hamza posted website messages urging his followers to
donate money, goods, and services to Taliban-sponsored programs in
Taliban-controlled areas inside Afghanistan.
Taliban Computer Lab in Kandahar
It goes on to describe discussions between Abu Hamza and the Long
Island-fundraising co-conspirator regarding plans to establish a computer lab in
a Taliban-controlled Kandahar. According to the indictment, Abu Hamza declared
an intention that the Kandahar computer lab would serve Taliban officials as
well as the Afghani people (those located in Kandahar).
Abu Hamza allegedly provided 6,000 British pounds to the two co-conspirators
journeying to Afghanistan with instructions that a portion be used to lease a
building to house the lab and to pay some of its start-up expenses.
Terrorist Ties in Taliban-Controlled Areas
In addressing various alleged Taliban connections, the indictment also
emphasizes the fact that when Abu Hamza sent the two alleged co-conspirators to
Afghanistan, the plan was that their meeting with a terrorist front-line
commander was to take place within a Taliban-controlled area. It was in this
section of the indictment that it was added that the co-conspirator accompanying
the fundraiser was seeking to undergo violent jihad training.
Compact Disc with Abu Hamza Messages
Without elaborating, the indictment also refers to a compact disc containing
messages from Abu Hamza that he allegedly sought to have delivered to recipients
located with a Taliban-controlled area.
Dates, Timing, and Government Strategy
As can be seen, most of the events alleged by the indictment are not recent,
and in fact almost entirely predate Sept. 11, 2001. No mention is made of a
connection between the defendant and the attacks on Sept. 11, 2001, nor is there
any suggestion the defendant has been linked with any actual hostilities between
the United States and either al Qaeda or the Taliban. (Recall that the Yemen
hostage-taking involved a different terrorist group, and occurred in 1998).
It bears noting that the indictment does not necessarily relate all
information or suspicions concerning the defendant, and would not necessarily
seek to set out a complete overview of his alleged criminal activities. Rather,
the indictment is an effort to launch a prosecution over several particular sets
of events. It lays out charges the Department of Justice apparently feels it is
capable of proving beyond a reasonable doubt. The indictment also represents a
set of charges for which the Department of Justice apparently is willing to
advance evidence in an open court.
The extent to which there are suspicions that Abu Hamza is more extensively
involved with terrorism than is detailed in the indictment is not clear. It is
conceivable that in a particular case there might be other activities for which
the government might wish to prosecute a particular defendant, but for which
either the government does not feel it has sufficient evidence to proceed with
confidence, or does not wish to expose that evidence or related
intelligence-gathering in a public hearing.
In addition, if Abu Hamza were involved with current terrorist activities --
such as planning for future attacks -- one might also consider whether the
prosecution is intended in part as a tactic to pressure Abu Hamza to cooperate
with intelligence-gathering, in an effort to thwart such planning or apprehend
third parties. Whether the threat of harsher treatment for non-cooperation would
extend to threatening to seek the death penalty would seem to depend on whether
the Bush administration was willing to alienate the British and jeopardize
future extraditions by pledging not to execute and then going back on the
pledge.
After announcing the indictment publicly, Ashcroft was asked whether there
were Abu Hamza co-conspirators currently operating in the United States.
Ashcroft indicated he was not prepared to comment.
He did, however, signal his intention that criminal prosecutions and
diplomatic efforts would play a full role in combating terrorism, leaving out
mention of how these tracks would dovetail with those of the military:
“This war against terrorism is being fought on many fronts. It is a war where
innocent lives are endangered, not only by the terrorist who carries the bomb,
but by those who recruit and equip terrorists.
As today's arrest makes clear, the Department of Justice is bringing the full
weight of the criminal law against those who support the activities of
terrorists.
The United States will use every available diplomatic, legal and
administrative tool to pursue and prosecute those who facilitate terrorist
activity, and we will not stop until the war on terrorism is won.”
Attorney General John Ashcroft, "Text of Ashcroft statement," BBC, May 27,
2004,
http://news.bbc.co.uk/1/hi/world/americas/3755029.stm.
Sources and Further Reading and Viewing: "Abu Hamza charged in US with terror
offences," PA News, Times Online, May 27, 2004,
http://www.timesonline.co.uk/article/0,,1-1124689,00.html.
Gail Appleson, "U.S. Indicts Muslim Cleric for Supporting Al Qaeda," Reuters,
May 27, 2004, http://www.reuters.com/printerFriendlyPopup. jhtml?type=topNews&storyID=5275799.
Attorney General John Ashcroft, "Text of Ashcroft statement," BBC, May 27,
2004,
http://news.bbc.co.uk/1/hi/world/americas/3755029.stm.
Attorney General John Ashcroft (and others), video of spoken remarks, Att'y
Gen. John Ashcroft on Arrest of Muslim Cleric, CSPAN,
http://www.cspan.org/search/basic.asp?ResultStart=1
&ResultCount=10
&BasicQueryText=ashcroft+cleric (requires RealPlayer to view).
“Historical Timeline,” Embassy of Afghanistan to the United States,
http://www.embassyofafghanistan.org/main/glance/history8.cfm
"Muslim Cleric Al-Masri, Linked to Al-Qaeda, Indicted (Update3)," Bloomberg,
May 27, 2004,
http://quote.bloomberg.com/apps/news?pid
=71000001&refer=us&sid=a9rwtQi4a3Hs.
"Profile: Abu Hamza, the radical Muslim cleric," PA News and Times Online,
Times Online, May 27, 2004,
http://www.timesonline.co.uk/article/0,,1-1124723,00.html.
"US and UK consider Hamza's fate: Uncertainty continues to hang over the
possible fate of radical Muslim cleric Abu Hamza, who was arrested on terror
charges in London on Thursday," BBC, May 28, 2004,
http://newsvote.bbc.co.uk/mpapps/pagetools/
print/news.bbc.co.uk/1/hi/uk/3755935.stm.
United States v. Mustafa Kamel Mustafa, 04 Cr., Indictment, (S.D.N.Y.,
April 19, 2004),
http://news.findlaw.com/cnn/docs/terrorism/ushamza42104ind.pdf
[Content available on this site is for informational purposes only and not for the purpose of providing legal advice. Use of this site does not create an attorney-client relationship.]
|
