Mounir al-Motassadeq

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Mounir al-Motassadeq ( Arabic منير المتصدق, DMG Munīr al-Mutaṣaddiq ; * April 3, 1974 in Marrakech / Morocco ) is a Moroccan citizen who lived in Germany. He was charged as an assistant in the world's first trial of the terrorist attacks on September 11, 2001 , and was sentenced in the first instance, and from November 2001 he was serving a prison sentence for complicity with the multiple murderers surrounding Mohammed Atta . The Hanseatic Court confirmed on 8 January 2007, the original sentence for membership in a terrorist organization and aid to murder in 246 cases and put the sentence to 15 years in prison legally established. On October 15, 2018, he was deported to Morocco after serving a few weeks' imprisonment.

biography

Al-Motassadeq is the son of a doctor. He came to Münster in 1993 and learned German there. From 1995 he studied electrical engineering at the Technical University of Hamburg-Harburg . In 2000 he was in an al-Qaida training camp in Afghanistan , as he confirmed at the trial. During his studies he lived in the Hamburg district of Harburg . During his imprisonment, he completed a course of study at the Fernuniversität Hagen . He is married and has two children.

Conviction of terrorist attacks on September 11, 2001

On February 19, 2003, the Hanseatic Higher Regional Court sentenced him to the maximum sentence of 15 years for aiding and abetting 3066 murders and membership in a terrorist organization . On March 4, 2004, the judgment was overturned by the Federal Court of Justice and referred back to Hamburg for renegotiation due to inadequate assessment of the evidence. Said Bahaji , wanted on an international arrest warrant, assured in a letter to his mother that Motassadeq had nothing to do with the attacks.

On April 6, 2004, Motassadeq, like Abdelghani Mzoudi , who had been charged with similar charges, was released conditionally. His defense lawyer was the German lawyer Josef Gräßle-Münscher. The Hanseatic Higher Regional Court justified the decision by stating that the suspicion of complicity in murder no longer existed. The US government spokesman criticized the release of the "dangerous guy".

From August 10, 2004 Motassadeq was retried before the Hanseatic Higher Regional Court. On August 19, 2005, he was sentenced to seven years' imprisonment. The court found him guilty of membership in a terrorist organization , but not of aiding and abetting murder. The judgment became no legal force, since both the Attorney General and the accused revision men casting.

On October 12, 2006, the new appeal hearing began before the Federal Court of Justice. On November 16, 2006 the Federal Court of Justice overturned the judgment of the Higher Regional Court of Hamburg with regard to the acquittal on the appeal of the Federal Prosecutor's office and found Motassadeq guilty of complicity in murder in 246 cases. This corresponds to the number of passengers and crew members killed on the four hijacked aircraft. Motassadeq is said to have been privy to the attack plans and to have helped the bombers to cover up their trips to Afghanistan and the United States. In this respect, the BGH referred the proceedings back to the OLG Hamburg for renewed hearing.

On January 8, 2007, Motassadeq was sentenced to 15 years imprisonment after another hearing by the 7th criminal senate of the Hanseatic Higher Regional Court in Hamburg.

Prior to this, Motassadeq was spared detention for the time being, with the requirement to report to the police once a day . The Hamburg Higher Regional Court justified this with the fact that Motassadeq had always met all the requirements in the past. On the following day, the Federal Prosecutor's Office lodged a complaint through the Federal Prosecutor General Monika Harms : There was a risk of escape because Motassadeq had to fear a long prison sentence because of the final judgment of the Federal Supreme Court. In addition, his wife and children have already left Germany. Shortly afterwards, the Hanseatic Higher Regional Court in Hamburg rejected the complaint and transferred the decision to the Federal Court of Justice, which lifted the exemption from detention . Motassadeq was then arrested on the evening of November 17, 2006 in Hamburg.

A constitutional complaint and an application for an interim order from January 8, 2007 before the Federal Constitutional Court (BVerfG) were unsuccessful. The BVerfG did not accept the complaint. According to the chamber decision of January 10, 2007, no fundamental rights of the defendant were violated when he was finally convicted by the Federal Court of Justice on November 16, 2006.

The revision of Motassadeq against the judgment of the 7th Criminal Division was rejected on 2 May 2007 by order of the 3rd Criminal Division of the Federal Court as unfounded. The ruling was thus final and Motassadeq's legal options in Germany were exhausted, subject to a reopening of the proceedings.

During his imprisonment, he behaved inconspicuously, but did not abandon his "Islamist jihadist attitude". He tried in vain three times to be released early: after serving two thirds of his imprisonment, in May 2015 and in November 2016. The Federal Prosecutor's Office at the Federal Court of Justice waived that Motassadeq would serve his sentence until the last day, on condition that he was deported to Morocco . This enabled him to be arrested immediately if he ever returned to Germany.

On October 15, 2018, Mounir Motassadeq was released from the Fuhlsbüttel correctional facility and then deported to Morocco. In addition, an entry and residence ban for the Federal Republic of Germany was imposed on the Moroccan, which applies until April 3, 2064. After arriving in his home country, Motassadeq settled in his family home in Marrakech . Because before his deportation, contrary to anti-terrorism regulations, the around 7,000 euros from his prisoner account had been paid out, the Hamburg public prosecutor initiated an investigation against the judicial administration for a violation of the Foreign Trade Act .

Web links

Individual evidence

  1. Hanseatic Higher Regional Court, judgment of January 8, 2007 ( Memento of the original of December 11, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Az. 7-1 / 06, full text. @1@ 2Template: Webachiv / IABot / openjur.de
  2. 9/11 terrorist workers Motassadeq deported to Morocco. In: fnp.de , October 15, 2018.
  3. Motassadeq, a terrorist worker, will soon be released from prison. In: welt.de , August 9, 2018, accessed October 16, 2018.
  4. Hans Leyendecker : God-fearful and moral . In: sueddeutsche.de , May 17, 2010, accessed on October 15, 2018.
  5. ^ Georg Mascolo , Gabor Halasz: 9/11 TerrorhelferMotassadeq on the way to Morocco. In: tagesschau.de , October 15, 2018.
  6. Jana Werner: "9/11" -Terrorhelfer Motassadeq on the way to freedom. In: welt.de , October 15, 2018, accessed October 15, 2018.
  7. Hanseatic Higher Regional Court, judgment of February 19, 2003 ( Memento of the original of November 25, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Az. 2 BJs 88 / 01-5, 2 StE 4 / 02-5, full text. @1@ 2Template: Webachiv / IABot / openjur.de
  8. ^ BGH, judgment of March 4, 2004, Az. 3 StR 218/03, full text.
  9. ^ Letter to the "dear mother". In: focus.de , April 5, 2004.
  10. OLG Hamburg, judgment of August 19, 2005 ( Memento of the original of October 17, 2010 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , Az. IV-1/04, full text. @1@ 2Template: Webachiv / IABot / openjur.de
  11. BGH, judgment of November 16, 2006 , Az. 3 StR 139/06, full text.
  12. OLG Hamburg, judgment of January 8, 2007 ( Memento of the original of December 11, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Az. 7-1 / 06, full text. @1@ 2Template: Webachiv / IABot / openjur.de
  13. BVerfG, decision of January 10, 2007 , Az. 2 BvR 2557/06, full text.
  14. Motassadeq fails with revision. In: Spiegel Online , May 11, 2007.
  15. BGH, decision of May 2, 2007 , Az. 3 StR 145/07, press release.
  16. Motassadeq, a terrorist helper, will soon be released In: welt.de , August 9, 2018, accessed October 16, 2018.
  17. 9/11 terrorist workers deported to Morocco via Frankfurt. In: hessenschau.de , October 15, 2018.
  18. Mounir el Motassadeq is banned from entering the country up to their 90th birthday. In: derwesten.de , August 21, 2018, accessed October 15, 2018.
  19. This is how the 9/11 terrorist now lives in Marrakech. Image, October 31, 2018, accessed October 31, 2018 .
  20. A bundle of cash for the 9/11 terror helper. Der Spiegel, February 27, 2019, accessed on February 27, 2019 .
  21. Departure with 7,000 euros in cash. Image, February 27, 2019, accessed February 27, 2019 .