Skip to comments.2001 Iraqi Document: Saddam Approved the Re-Use of Nuclear Equipments (Important Translation).
Posted on 10/24/2006 12:55:08 PM PDT by jveritas
In what is so far the most important evidence of Saddam personal involvement in re-building Iraq nuclear program , document CMPC-2003-012331.pdf dated January 2001 indicates that during a meeting between Saddam and the Staff of the Iraqi Atomic Energy Organization Saddam was asked by the Organization Staff to give his permission for re-using the infamous Degussa Vacuum furnaces that were used in the previous and prohibited Iraq nuclear program. These furnaces can be used to melt uranium and other nuclear related activities.
The Degussa Vacuum furnaces were supplied to Iraq in the 1980s by a German firm (Degussa AG based in Frankfurt Germany) and these furnaces later on became the subject of investigations of the German firm in the early 1990s where the company claimed that they did not know that Iraq would have used them in its nuclear program. The New York Times had an article in 1998 titled An Iraqi Defector Warns of Iraq's Nuclear Weapons Research where the Degussa furnaces were mentioned as part of previous Iraq nuclear program and the controversy surrounding the sale of these furnaces and the investigations later on(link: http://www-personal.umich.edu/~sanders/214/other/news/iraqi_defector.html ). The irony is that this is not only a New York Times article but also it was written by JUDITH MILLER and JAMES RISEN once of the worst accusers (liars) that the Bush administration lied about Iraq WMD.
Also the Degussa furnaces supplied to Iraq were mentioned in articles written by David Albright (An American nuclear scientist) explaining how the Degussa furnaces were used in the previous Iraqi nuclear program. Mr. Albright wrote the article to Bulletin of Atomic Scientists back in 1992-1993 and you find the links about these articles ( http://www.thebulletin.org/article.php?art_ofn=apr92albright , http://www.thebulletin.org/article.php?art_ofn=dec93albrighta> ).
Again this document carries a lot of importance since it proves without any doubt that Saddam was directly involved with his nuclear scientists to re-build their nuclear program. President Bush in a speech dated October 7 2002 mentioned that Saddam has held numerous meetings with his nuclear Scientists and this quote from President Bush speech: The evidence indicates that Iraq is reconstituting its nuclear weapons program. Saddam Hussein has held numerous meetings with Iraqi nuclear scientists, a group he calls his "nuclear mujahideen" -- his nuclear holy warriors (Link: http://www.whitehouse.gov/news/releases/2002/10/20021007-8.html ).
The translation will include memos. The first one is from Senior Deputy Minister of Iraq Military Industrialization Committee to the Chairman of Iraq Atomic Energy Organization asking him to allocate the Degussa Vacuum furnaces, the second memo a reply from Iraq Atomic Energy Organization saying that they will do so and that they got the approval of Saddam Hussein to re-use these equipments.
Beginning of the translation of memo 1 of CMPC-2003-012331.pdf
In the Name of God the Most Merciful the Most Compassionate
The Republic of Iraq, The Presidency of the Republic, The Military Industrialization Committee
Secret and Confidential
To: The Atomic Energy Organization- The Office of the Chairman
Subject: Allocation of Degussa Vacuum Furnaces
Please approve the allocation of the mentioned furnaces and quantity (2) with its accessories because of our dire need for it to implement the works and projects tasked to our committee. And we empower engineer Samir Ibrahim for follow up and receiving.
Marahem Saaab Al Hassan
Senior Deputy Minister for Military Industrialization
End of translation of memo 1
Beginning of translation of memo 2 of CMPC-2003-012331.pdf
Mr. Respected General Director
Subject: Allocation of Vacuum Furnaces
Regarding the letter of the Senior Deputy Minister of the Military Industrialization numbered 2/4/83 on 25/1/2001 I would like to clarify the following:
1. We do not have primaries about the subject.
2. There was a communication with the Energy Organization about the furnaces and it was revealed that the furnaces were delivered to the Physics Department in the Atomic Energy Organization upon the instruction of Mr. Chairman of the Energy Organization to take advantage of these equipments ( During the meeting with the President The Leader God protect and shepherd him and the Organization Staff asked his Excellency to take advantage of these equipments) and these equipments were received two moths ago by the Physics Department.
The furnaces do not have the seal of the Agency but it was among the equipments of the previous program that were included in the list prepared by the agency.
End of translation of memo 2
I agree. Keeping an accurate record is important. Thanks for the good work.
Iraq's Acquisition of Gas Centrifuge Technology
Part III: Treason and Wrap-up
In the early 1990s, Karl Heinz Schaab was investigated for violating export control laws. He was convicted of illegally exporting centrifuge rotors to Iraq in 1993, a minor conviction at the time. In late 1995, after receiving new information about Schaab's activities with Iraq, the German government re-opened its criminal investigation of him.
Following the defection of Hussein Kamel in August 1995, Iraq decided to reveal extensive information about its entire nuclear weapons program. A key new revelation was the extent of assistance by Schaab and his colleagues. When the senior Iraqi gas centrifuge expert, Adel, was asked why Iraq decided to reveal so much new information about Schaab, he explained that he thought Schaab was in jail and already exposed. Some Germans who knew Adel have questioned his reason, believing instead that Adel was ordered by top Iraqi leadership to expose Schaab. Adel and the other members of the Iraqi gas centrifuge program had been highly committed to protecting their German sources of assistance.
In July 1996, Schaab, who had become aware that he was likely to be charged with treason, fled to Brazil. In December 1996, he was arrested in Brazil where he was held pending a decision from the Brazilian courts about his extradition. In March 1998, the Brazilian Supreme Court ruled in Schaab's favor and he was freed.
Despite winning his case, Schaab was unhappy in Brazil and wanted to return to Germany. He retained the services of a new German defense lawyer, Michael Rietz, who recommended that he return to Germany and voluntarily turn himself in with the intention of pleading guilty to at least some of the charges. Rietz believed that he could convince the court to give Schaab a relatively short prison sentence as a result. Schaab returned to Germany on September 24, 1996 and was arrested the same day. After serving a few months in prison, he was freed pending trial.
In February 1999, the government filed treason charges against Schaab. The charges were as follows:
Having disclosed a national secret to a foreign power or one of its middlemen, he caused the threat of a "severe impairment" of the external security of the Federal Republic of Germany. The treason took place in Germany, Austria, Switzerland, and Iraq. In many of these acts, the defendant acted together with the now deceased Bruno Stemmler.
Having violated a regulation of the German Foreign Trade Law, the defendant compromised the security of the Federal Republic of Germany, perturbed the peaceful cohabitation of nations, and considerably harmed the international relations of the Federal Republic of Germany.
The prosecutor viewed Schaab as committing a wide range of acts of treason. He believed that the charge of treason applied not only to overtly classified documents but also to a range of classified information and components that Schaab provided.
In June 1999, the court, with the agreement of the prosecutor, limited the charges to Schaab's supply of classified documents to Iraq for the supercritical centrifuge. The court viewed these documents as state secrets whose unauthorized release constitutes treason.
The charges were limited in part because of weaknesses in German law. Schaab had acted solely for financial reasons and did not intend to betray his country such as traditional communist or East German spies. According to Rietz, Schaab's case was the first one of its kind, and the law was not written with this particular situation in mind.
In making its treason case for the supercritical centrifuge documents, the prosecutors faced another problem. Almost all the individual designs and documents of the supercritical centrifuge were marked VS-Nur Fuer Dienstgebrauch (classified-official use only) or unclassified. However, the prosecutors argued successfully in the end that together these documents carried a much higher level of classification, namely VS-Vertraulich (classified-confidential).
The court established that Schaab was fully aware of the classification rules at MAN. He had received authorization to handle secret centrifuge information in 1972, giving him access to all centrifuge information in his department that was stored in a safe. Until 1980, he also managed his department's filing of classified information and accepted the delivery of classified components.
The court ruled that the documents had to be kept secret because they would enable Iraq to develop devices to make weapon-grade uranium, which could be used in nuclear weapons. The delivery of documents for the supercritical gas centrifuge created the real threat that Iraq would succeed in manufacturing weapons-grade uranium. Many of the parts were also directly usable in the subcritical centrifuge that was the main focus of Iraq's program.
The court stated that the development of weapons of mass destruction by a dictatorial regime, such as Iraq, which has made provisions for the manufacture of long-distance ballistic missiles, strengthens this regime's potential threat of attack. The court ruled that in this eventuality, and the resulting shift of the balance of powers, countries such as Germany would be severely impaired in their capability to defend themselves against attacks and disturbances from outside, ruled the court.
Before returning to Germany, Schaab had decided to plead guilty with the goal of receiving minimum time in jail. Because he had served 15 months in a Brazilian jail, he and Rietz reasoned that a guilty plea could lead to a decision by the court not to incarcerate him further beyond his initial three-month imprisonment after he returned from Brazil.
This strategy worked and Schaab did not serve another day in prison. He was sentenced to five years in prison. However, his time was reduced for prior time spent in Brazilian jail, which was weighted at three times that spent in German jail because of the extreme oppressive conditions of his imprisonment. In addition, the German legal tradition of not serving the last one third of a sentence meant that Schaab left the court a free man.
However, he had to pay a total of 80,000 Deutsche Marks (DM) in fines and other fees. He did not have to pay the roughly 100,000 DM the German government spent trying to extradite him from Brazil.
The court decided on such a lenient prison sentence because it determined that this case did not warrant a judgement of severe treason under the law. In principle, the court believed that the high potential risk posed by supplying the treasonous material speaks for the assumption of an exceptionally severe case. For Iraq, the technical value of the material disclosed by the defendant was considerable. This held true, even though the documents themselves delivered by the defendant did not provide adequate knowledge for the development and manufacture of a gas centrifuge for the production of weapon-grade uranium.
Further, Schaab had often assisted the Iraqis in an on-going business endeavor aimed as supporting the Iraqi gas centrifuge project. The court also held this against Schaab.
However, several important circumstances spoke in favor of the defendant. The court accepted that Stemmler, and not Schaab, originated the plan to sell the drawings and documents. In addition, Schaab acted in a period of time when his company was suffering economically, and the defendant had not previously been convicted of a major offense. As mentioned above, his conviction of selling Iraq carbon fiber rotors was viewed as minor.
Also in his favor, Schaab confessed to the deed, which helped the prosecution reconstruct the extent of his assistance to Iraq, and he regretted his actions. He even surrendered himself to the proceedings despite a refusal of extradition. In addition, he was deemed particularly sensitive to confinement in prison because of his age and impaired health.
There was speculation that another reason for the lenient sentence was to save further embarrassment to MAN, other German companies, and ultimately the German government. Rietz had vowed to fight the charges if the sentence was not reduced. The resulting long and public court fight could have revealed substantially more information about weak security procedures at MAN and elsewhere, possibly revealed other embarrassing information, and perhaps led to the release of sensitive or secret information.
Nonetheless, few doubt that Schaab has suffered enormously for his crimes. He experienced financial troubles when his actions became publicly known. His business on the whole has failed. He continues to suffer public humiliation.
Rationalization and Self-Delusion
Because Stemmler and Busse died before Kamel defected, they were never brought to justice. If they had lived, they would likely have been charged, perhaps also with treason.
During numerous interviews in the early 1990s with one of the authors, Stemmler claimed that he broke no laws. He admitted repeatedly that