FAILAKA FOUR FREE ON BAIL

C O N F I D E N T I A L KUWAIT 003320

SIPDIS

STATE FOR NEA/ARP AND S/CT
NSC FOR TOWNSEND

E.O. 12958: DECL: 09/22/2014
TAGS: PTER PREL KISL KU
SUBJECT: FAILAKA FOUR FREE ON BAIL

REF: KUWAIT 02742

Classified By: Ambassador Richard LeBaron for reason 1.4 (b) and (d)


1. (U) News dailies reported September 21 that four of the
suspects allegedly involved in the October 8, 2002 Failaka
Island attack, Adnan Asad Al-Kandari, Abdullah Mohammed
Al-Kandari, Yousef Ahmed Al-Kandari, and Ghazi Faisal
Al-Tarrah, were released on KD 200 bail (approximately USD
670) but remain under a court-ordered travel ban. June press
accounts reported that all three Al-Kandaris were acquitted
of charges of involvement or support to the October 2002
attack and that Al-Tarrah was fined KD 5,000 (approximately
USD 17,000) for illegal possession of arms. Nonetheless,
they were redetained on September 13, following the Public
Prosecution's appeal of the June verdict, and charged with
collaborating with the two Failaka assailants Anas Al-Kandari
and Jassem Al-Hajeri, both of whom were killed during the
attack. The four are scheduled to appear in court on October

26.


2. (C) Comment: Post is inquiring through the MFA and other
Kuwaiti contacts about the details of the GOK's case against
the four men. News dailies also report that many suspected
jihadis, recently detained during the summer crackdowns, have
been released on minimal bail or with nominal fines. That a
notably high number of jihadi suspects are out on
conspicuously little bail gives many the impression that the
Kuwaiti judicial system may be ill-equipped or unwilling to
prosecute these suspects for their alleged crimes. Post is
currently working to discover what evidence will be presented
in these cases.


3. (C) Comment continued: Ambassador will raise these
concerns with the Prime Minister, Foreign Minister, and
Interior Minister in his initial calls on Kuwait's
leadership. During these calls, it will be stressed that
Kuwait can do more in its efforts to aggressively pursue
terrorists and that there is a growing perception of legal
loopholes which hamper efforts to effectively prosecute
terror suspects. Post will convey the message that
Washington is increasingly concerned about the evolving
situation and will continue to press the GOK for more
aggressive action against extremists. The GOK will be urged
to take preemptive legal and security-related steps to make
it clear that Kuwait will not become a safehaven for militant
activities. Thus far, the GOK has followed a policy of
accommodation with Islamists to retain the support of its
important National Assembly constituency. July arrests of
terrorist facilitators (reftel) may be an indicator that the
GOK recognizes the danger of this policy.
LeBaron