Guilty Verdict in Hamburg Terror Trial

The judges of Hamburg's higher regional court sentenced Mounir el Motassadeq, a Moroccan student, to 15 years in prison on at least four charges including accessory to murder in 3,045 cases, membership in a terrorist organization, attempted murder and five cases of causing grievous bodily injury.

The trial had been a test case for prosecutors pursuing terrorists with suspected ties to the Sept. 11 terror attacks. In the days leading up to the end of the trial, defense attorneys had been calling for their client's acquittal. But on Wednesday, Chief Judge Albrecht Metz sided with the prosecution saying they had proven that 28-year-old Motassadeq had participated in the planning of the attacks and had been a member of the Hamburg terror cell that planned and carried them out.

During the trial, prosecutors sought to prove that Motassadeq was the group's treasurer, managing bank accounts for members of the terror cell and covering their tracks. Piecing together witness testimony and law enforcement investigation reports, chief prosecutor Walter Hemberger revealed a mosaic of evidence demonstrating that Motassadeq was deeply integrated into the terror cell led by Mohammed Atta, one of the Sept. 11 hijackers.

Bits and pieces of evidence

However, testimony from nearly 30 witnesses failed to prove beyond a doubt that the plaintiff was aware of his friends’ plans or that he supported them. Still, the judges found enough evidence to convict him.

Motassadeq admitted that Marwan al Shehhi -- who later flew a jet into the World Trade Center -- authorized him to access his bank account. In his absence, Motassadeq paid bills for al Shehhi, registered him at the university and liquidated his apartment. In September 2000, Motassadeq transferred money from the account to Ramzi Binalshibh, who is alleged to have been the main contact point between the Hamburg cell and al Qaeda. The transaction was intended to pay for al Shehhi’s flight lessons.

Besides al Shehhi, Motassadeq also knew Mohammed Atta and Ziad Jarrah, all friends in the same Hamburg terror cell before they hijacked the planes that crashed into the World Trade Center and in Pennsylvania.

Prosecutors sought to show that Motassadeq’s religious beliefs became more radical with time. A neighbor attested to overhearing him say, "the Jews will burn, and we will dance on their graves," which prosecutors claim shows that Motassadeq knew about his friends’ plans to attack New York and Washington. But Motassadeq denies ever saying such a thing.

Motassadeq also admitted he had been trained in an al Qaeda camp in Afghanistan for religious reasons.

"Conjecture, allegations and interpretations"

During the trial, Motassadeq's defense attorneys denounced the prosecution's claims as "conjecture, allegations and interpretations." They said their client, who maintained his innocence throughout the trial, was a victim of cultural misunderstandings, and that the trial had violated the rule of law. They were especially irate that the U.S. prevented Binalshibh, who is in American custody, from testifying in the trial, who they believe would have exonerated Motassadeq.

But on Wednesday, Judge Mentz discounted such arguments, saying the U.S.' refusal to deliver Binalshibh was not directed against Germany or the court where the case was being heard and, therefore, had no impact on whether Motassadeq had a fair trial. He also stated that documents of testimony withheld in the case also had no material impact on the fairness of the trial.

Throughout the trail, Motassadeq maintained he had merely been a friend of members of the Hamburg cell and was only doing favors for them as a friend would, not a terrorist. His attorneys alleged that Binalshibh's testimony could have proven their client's innocence.

But on Wednesday, the Hamburg court convicted Motassadeq.