Under the German legal system, the lead judge will decide whether the court should hear from Binalshibh and whether his testimony must be taken in Hamburg or can be heard at another location, according to Felix Herzog, a professor of criminal law at Humboldt University in Berlin.
Because Binalshibh could face the death penalty after trial by a U.S. military tribunal, Herzog and other sources said, the United States is unlikely to return him to Germany, where he could launch court proceedings to prevent his return to U.S. custody. German law prevents handing over a suspect facing a possible death penalty.
Mounir Motassadeq, foreground, at opening of trial in Hamburg, is first person to be tried for direct involvement in Sept. 11 attacks.
(SKETCH JULIANE GARSTKA VIA AP)
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_____News from Germany_____
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War and Emerging Remembrance (The Washington Post, Jul 24, 2004)
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Gifted, Eccentric Conductor Carlos Kleiber Dies at 74 (The Washington Post, Jul 20, 2004)
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Signing Up a Remote Electorate for November (The Washington Post, Jul 19, 2004)
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Michael Dirda (The Washington Post, Jul 18, 2004)
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More News from Germany
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While Motassadeq today denied the charges, he startled the packed courtroom by admitting he had traveled to Afghanistan in May 2000 for military training -- something that he, his family and his lawyers had denied for months. Motassadeq had maintained that he went only to Pakistan, for the purpose of visiting an Islamic country and studying his religion.
"This is nothing special," said Motassadeq's father, Ibrahim, of his son's stay in Afghanistan. Speaking from Marrakech in a telephone interview tonight, he added: "A lot of young Moroccan people have been there. He knew nothing about what happened in the United States. Everything he said today shows he is not guilty."
Under questioning today by the lead judge, Motassadeq said he went to Afghanistan after consulting with Atta. In his three weeks there, he said, he learned to use a Kalashnikov assault rifle and engaged in fitness training. He added that he believed the Koran compelled him to receive military training.
"I learned that bin Laden was responsible for the camp and had been at the camp sometimes," Motassadeq said. "I didn't know that beforehand, and I didn't meet him, either."
Motassadeq said he and Atta often discussed politics, including conflicts in the Palestinian territories and Chechnya, as well as U.S. foreign policy and the desirability of boycotting U.S. products. But he told Presiding Judge Albrecht Mentz that he never had any hint that Atta intended to commit acts of terrorism, adding, "In my opinion, it is no solution."
"Violence can never solve a problem. . . . You can't defend that as a Muslim," said Motassadeq, whose controlled delivery in German increasingly became agitated as the day progressed.
Special correspondent Souad Mekhennet contributed to this report.
