BACKGROUNDER:
The Basis of the German Government's Case against Lothar Ebke
Allegations against Lothar Ebke are based on unsubstantiated statements
by one person, Tarek Mousli. No other evidence has been presented.
No charges have been laid. Mr. Ebke is named by the German Government
as a suspect.
Tarek Mousli was arrested in April1999 on charges of possession
of explosives. Later he was charged as a ringleader of a terrorist
association. He entered into the German crown witness program that
provided him with a monthly income, substantial financial payouts,
and the prospects of a severely reduced sentence in exchange for
a testimony against other persons and collaboration with police
and crown.
In November/December 1999 Mousli implicated several other persons
but denied that Mr. Ebke was involved in the Revolutionary Cells
(RZ).
On December 20th, 1999 a large police force searched
the Mehringhof, a community centre where, according to Mousli, Mr.
Ebke and others had stored explosives. The search didn't produce
any results, but left can $ 70,000 in damages.
On December 30, 1999 Mousli implicated Mr. Ebke in statements to
the authorities.
On December 31, 1999 the German crown witness program ended, abolished
by the German Parliament (Deutscher Bundestag) because of its record
of producing unreliable and false evidence.
Mousli was released in April 2000. Since then he lives under witness
protection.
Mousli's uncorroborated allegations are also the cornerstone of
a German trial against five other individuals. Originally Mousli
was part of this case. Due to his participation in the German crown
witness program, his case was severed from the rest of the suspects.
In a separate court case during December 2000 which took all but
2 days, Mousli pleaded guilty accepting the proposed two (2) year
sentence as the plea bargain.He did not serve any time, but was
released on parole.
According to German laws the crown was now able to present Mousli
in the trial against the other suspects as a witness and not as
a co-accused.
Since March 2001 the main trial has not come to a conclusion with
court being held for an average of one day per week. Since the spring
of 2002 all accused are released from custody with bail conditions
(i.e. attending court, not leaving Germany without prior permission).
The German prosecution has been criticized by human rights advocates
and international observers. Of particular concern are the apparent
political motivation of the proceedings, the circumstances under
which Mousli's cooperation was obtained, the prosecutor's failure
to make full and timely disclosure, the conduct of the police, the
conditions under which the accused were detained pending trial,
the repeated denials of bail and the length of time the proceedings
are taking.
Most information about the German Case can be found on a website
that is maintained by german court case observers:
www.freilassung.de
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