Germany To Cooperate with U.S. on Moussaoui Trial

Germany will be handing over information and evidence to the United States on Zacarias Moussaoui, a French national of Moroccan descent who stands accused of conspiring with the Sept. 11 hijackers to commit terrorism in the U.S.

The decision is being hailed as a breakthrough in German-American cooperation in the war against terror. Negotiations between the two sides had been stalled since spring because Germany’s constitution prohibits the death penalty and the submission of material that could lead to capital punishment.

"The United States of America has assured that the evidence and information submitted by Germany will not directly or indirectly be used against the defendant or against a third party towards the imposition of the death penalty," the German government said in a statement released by its embassy in Washington.

A further step in cooperation against terror

German Justice Minister Brigitte Zypries of the ruling Social Democratic Party has called the agreement "a further contribution in our joint fight against international terrorism."

She said countries participating in the anti-terror coalition should "support each other in the area of criminal proceedings as far as each of their national constitutions allow."

A Justice Ministry spokeswoman in Berlin told Reuters the move did not indicate a change in Germany’s position. "What has happened is that the United States has made it possible for Germany to assist with providing evidence."

France ready to help, too

Separately, France like Germany, which also bans the death penalty and has previously resisted U.S. requests, has also agreed to cooperate with the United States in furnishing information on Moussaoui.

"Consistent with its position during this whole affair, the French government has obtained guarantees from the United States that any information passed on will not be used... with the aim of pronouncing or executing the death penalty," French Justice Minister Dominique Perben said in a statement.

Moussaoui denies involvement in attacks

Zacarias Moussaoui was arrested in the U.S. state of Minnesota on immigration violations in August 2001, a month prior to the attacks on New York and Washington.

He faces six charges of conspiring to carry out the Sept. 11 aircraft attacks on the World Trade Center and the Pentagon, which killed more than 3,000 people. Four of those charges carry the death penalty. Moussaoui has denied involvement in the attacks, but has admitted to being a member of al Qaeda, which the U.S. blames for the attacks.

Links to Atta?

German investigators are reported to have evidence linking Moussaoui to Mohammed Atta (photo), the leader of the Hamburg al Qaeda terror cell who is believed to be the man who piloted the first plane that crashed into the World Trade Center.

According to media reports, the U.S. is particularly interested in obtaining two money transfer slips from the basement of the Frankfurt-based Reisebank, which prosecutors believe will prove the French citizen had a direct link to Atta’s Hamburg cell.

Only a fringe player?

The indictment against Moussaoui says that he made several telephone calls from Oklahoma to a number in Düsseldorf between July 29 and Aug. 4, 2001.

During his Aug. 16 arrest, police found a phone book in Moussaoui's possession listing the Düsseldorf number, a second number in Germany and the name "Ahad Sabet." Moussaoui’s indictment said that "Sabet" was actually Binalshibh (photo), an al Qaeda operative now in U.S. custody, who had wired Moussaoui $14,000 from Düsseldorf and Hamburg between Aug. 1-3, 2001.

Earlier this month, U.S. officials said Ramzi Binalshibh told them Moussaoui was only a backup in the Sept. 11 attacks because he could not be trusted to keep a secret.

Experts say Binalshibh's statements could weaken the U.S. government’s case for seeking the death penalty for Moussaoui, whose trial is now slated to begin in June 2003.