BAHRAIN'S DRAFT COUNTER-TERRORISM LAW

S E C R E T SECTION 01 OF 04 MANAMA 001643

SIPDIS

STATE FOR NEA/ARPI, S/CT, DS

E.O. 12958: DECL: 09/26/2014
TAGS: PTER ASEC PGOV BA
SUBJECT: BAHRAIN'S DRAFT COUNTER-TERRORISM LAW

REF: MANAMA 1365

Classified by DCM Susan L. Ziadeh for reasons 1.4 (b) and (d).

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Draft CT Law To Go To Parliament
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1. (S) Minister of Cabinet Affairs Mohammed bin Ibrahim Al
Mutawwa gave Ambassador a copy (in Arabic) of the draft
counter-terrorism (CT) law and a clarifying memorandum
explaining the draft (reftel). Mutawwa stated that the
Cabinet had approved the draft and would soon forward the law
to parliament for consideration. He said that the GOB had
still not decided whether to present the CT law as a
stand-alone bill or as an amendment to the existing penal
code. The draft as given to us is written as an amendment to
the penal code, but the substance of the law would remain the
same regardless of the vehicle chosen for adoption.


2. (S) What follows is post's analysis of the clarifying
memo of the draft law, based upon an informal Embassy
translation. Due to its length and complexity, we have not
reviewed the law itself in any detail. We anticipate
Department will undertake formal translation of the draft law
and the clarifying memo.

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Cover Conspiracy, Toughen Penalties
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3. (S) The draft law would broaden the definition of
conspiracy and strengthen the penalties for conspiracy to
commit terrorist acts. Though the clarifying memo (full text
of informal Embassy translation in paragraph 8) does not
spell out the maximum sentence for conspiracy to commit
terrorist acts, the draft law (pouched to NEA/ARPI, along
with clarifying memo) designates the death penalty, among
other options. The conspiracy articles in the existing penal
code were intended to address conspiracy to commit crimes and
have a maximum penalty of three years in prison.


4. (S) According to the clarifying memo, the draft law is
intended to confront the threat resulting from the emergence
of international terrorism. With respect to the existing
penal law, the draft will: (1) define terrorism; (2)
criminalize some acts and impose strong punishments; (3)
strengthen punishment for criminal acts already covered in
Bahraini law; (4) limit the discretionary authority of
judges; and (5) criminalize participation in a conspiracy to
commit a terrorist act. The draft also mandates
modifications in the criminal procedures law.


5. (S) The draft law directly addresses our concerns about
the existing penal code. It specifically criminalizes
conspiracy to commit terrorist acts and establishes stringent
punishments. The preamble of the clarifying memorandum
speaks about terrorism in a way that distinguishes it from
more ordinary criminal acts, as a threat to the security of
an entire society.

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Broad Definition of Terrorism
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6. (S) The definition of terrorism, as written in the
clarifying memo, seems to be quite broad. It reads,
terrorism is "every method used by a perpetrator, singly or
in a group, to accomplish an act whose purpose is to obstruct
laws and regulations, disturb peace, cause harm to state and
the security of the Kingdom, or affecting the national unity
or world security, by means of force of violence or
instilling terror, or threatening individuals or threatening
their public safety, or causing damage to the environment or
public health or the national economy or public institutions
or causing damage to public or private property." The
clarifying memo continues that this definition of terrorism
is consistent with the definition found in the French,
Egyptian, Moroccan, and Jordanian penal laws, the Arab
agreement to combat terrorism, the GCC agreement to combat
terrorism, and the agreement of the Organization of the
Islamic Conference to combat international terrorism.

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Detention of Suspects
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7. (S) Regarding the GOB's ability to hold suspects, the
clarifying memo states that suspects can be detained for two
days following arrest, and an additional seven days with the
permission of the attorney general. The AG then has three
days to decide whether to seek court permission to continue
to hold the suspect. Thus the government can hold the
suspect for up to 12 days without specific permission from
the court. Though not explicitly stated in the clarifying
memo, we expect the court to have the right to authorize
detention for up to six months, in renewable 45-day
increments. This then would bring the detention system for
terrorism cases into line with the existing system for
criminal cases. Currently, for cases deemed threatening to
the state, the system informally moves directly to the 45-day
detention period. The law would regularize the process and
require the government to review its case at fixed intervals.

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Text of Clarifying Memo
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8. (S) Begin text of Embassy informal translation of
clarifying memorandum for the counter-terrorism draft law:

In the Name of God the Compassionate the Merciful
Clarifying Memorandum
Regarding proposed modifications of some of the judgments of
the Penal Law that was issued by the decree of Law Number
(15) of 1976
and the Criminal Procedures Law that was issued by the decree
of Law Number (46) of 2002

Bahrain has remained - and God willing will remain - over the
course of its long history a safe and stable place, and an
example of national unity. The picture of crime in Bahrain
did not differ from crime in any other country, and the
current Penal Law that was issued in 1976, and the various
modifications to that law, was sufficient to confront crime.

In recent years a new crime scenario has emerged in Bahrain
that was not previously known to the Bahraini or
international communities. This crime scenario utilizes
violence or threats or terror, and has dangerous goals,
foremost among them is the destruction of public order, and
it threatens the peace and security of citizens and society.
As well, this new crime scenario has been perpetrated either
by groups or individuals, and the attacks have changed from
attacks against individual citizens to attacks against means
of transportation, the environment, resistance to authority,
or impeding the constitution or laws.

And when these acts represent a threat to the security of
society, it becomes necessary to confront these acts and
prevent their destructive outcomes. The Kingdom ratified a
number of international and regional and Gulf agreements to
combat terrorism and stop its means of support, recognizing
the threats posed by terrorism in its many forms.

But despite the ratification of the international agreements,
and taking the measures required by the constitution, it
places it in the level of laws that must be implemented.
Penal legislation is society's tool to confront criminal
behavior. And for this reason, the government prepared the
law proposed to the Shura Council and the Representatives to
confront this new type of criminal current.

Lawmakers in many of the countries that faced these acts
modified their criminal procedural law and penal law, among
them French law of 1994, Egyptian law of 1992, Moroccan law
of 2003 and Jordanian law.

And following this direction, the proposed law was prepared
by modifying the penal law that was decreed by Law (15) of
1976 and the Criminal Procedures Law decreed by Law (46) of
2002 as submitted to the Councils to avoid duplicating
legislation.

First: with respect to modifications of the penal law:


1. Specifying the definition of terrorism:
The proposed law struggled to specify the definition of
terrorism and to clarify what is meant by it. It mentioned
that it is every method used by a perpetrator, singly or in a
group, to accomplish an act whose purpose is to obstruct laws
and regulations, disturb peace, cause harm to state and the
security of the Kingdom, or affecting the national unity or
world security, by means of force of violence or instilling
terror, or threatening individuals or threatening their
public safety, or causing damage to the environment or public
health or the national economy or public institutions or
causing damage to public or private property.

The above definition of terrorism is consistent with the
definition found in the laws and agreements relating to this
issue, such as the French penal law, and Egyptian penal law,
and Moroccan penal law, and Jordanian law, and the Arab
agreement to combat terrorism, and the GCC agreement to
combat terrorism, and the agreement of the Organization of
the Islamic Conference to combat international terrorism.

2. The criminalization of some acts and the imposition of
stronger punishments:

a. The proposed law criminalizes the creation of formation
or organization or management or leadership of any
association or organization or group whose purpose is to call
by any means for the obstruction of laws or public order or
the prevention of any of the government's organizations or
any public organization of conducting its business, or
interference in the personal freedoms of citizens or the
public's rights as provided by the constitution or law, if
terrorism is among the means used to establish this purpose.

The proposed law also punishes all who supplied weapons or
ammunition or explosives or equipment or information, or
arranged a place or homes or any type of safe haven, or hid
any things or money or weapons that might be used in these
acts, or who gathered or gave or designated or received or
used any property or money for these purposes or gave them to
someone affiliated with this purpose, or who assisted in any
banking or financial or trade action or who gave terrorists
any financial assistance.

As well, the proposed law also punishes any one who is a
member of these organizations or who assisted them in any
way, and any one who publicizes - either verbally or in
writing - the purposes and principles that terrorists call
for, and any one who uses terrorism to force a person to join
the organization or who prevents a person from leaving the
organization.

And the proposed law gave authority to the courts if the
crime has been committed for terrorist purposes on behalf of
an entity by its members or representatives, that the entity
can be dissolved, or closed either permanently or
temporarily, or deprived either permanently or temporarily
from participating in public bids, or fined, and the
confiscation of money and property and equipment, etc., that
might have been used in the commission of the crime, or for
the preparation of the crime.

b. The proposed law criminalizes the seeking of, or
communication with, any organization or association which
might be located outside the country for the purpose of
conducting a terrorist act against the Kingdom of Bahrain or
the interests of any foreign country inside the Kingdom, or
against the properties or interests of the Kingdom outside
Bahrain.

And the proposed law criminalizes the joining of any
association or group - whatever its name may be - that might
be located outside the country, and whose purpose is
terrorism or military training as a means of achieving its
purposes, if its actions are not directed to the Kingdom of
Bahrain.

The proposed law also criminalizes weapons and explosives
training for terrorism purposes.

c. The proposed law cited some important terrorist crime
examples and placed deterrent punishments on them.

Among the most significant of these crimes - the hijacking of
air, ground, or maritime transportation means, and the
exposing of these transportation means, or those who use
them, to danger, and the kidnapping of their passengers, or
the resistance to public authorities as they conduct their
duties, etc.

The introduction of a dangerous substance to the country or
the placement of such a substance in the ground or in the
water, or its spread by air, if the purpose behind this
introduction is a terrorist act and the substance endangers
the health and well-being of humans or animals or the
environment.


3. Strengthening punishment on existing criminal acts in
Bahrain law:

The proposed law strengthened the punishments of some
criminal acts already existing under the Bahrain penal law,
as the practical reality has proven that the existing
punishments for these acts do not deter/prevent their
occurrence in light of the changes to which society has been
exposed. Among these acts are crimes associated with
religions, and crimes outlined in the second clause, fourth
section, if these crimes are associated with a terrorism
purpose, and the crime of failing to inform the general
authorities of the occurrence of a crime if this crime is
associated with a terrorism purpose, and the crime of making
a false report if this crime is associated with a terrorism
purpose.
The proposed law doubled the maximum fines required under
subclauses 178, 179, 180, 182, and 184, to where the minimum
fine is Bahraini Dinars 100, because the fines that are under
the subclauses are too ineffective in preventing the crimes
given the prevailing circumstances.
As well, if any crime - for which there is no specific
punishment under the penal law - is committed for terrorism
purposes, "extenuating circumstances" would apply when
considering the punishment.


4. Limiting the discretionary authority of judges:

Considering the severity of terrorism crimes, the proposed
law has limited the judge's authority of using article 72 of
the penal law. Article 72 would not apply at the sentencing
of terrorism crimes unless the punishment is death or life in
prison. In those instances, the punishment can be lessened
by one factor; i.e., the judge can consider life in prison
instead of death, or can sentence a person to 15 years
instead of life in prison.


5. Participation in a crime:

The proposed law has decided to sentence those associated
with criminal agreement or conspiracy to commit a crime, if
the crime is terrorist in nature, and even if the crime was
not committed, given the danger of terrorism acts.

Second: With respect to modifications in the criminal
procedures law:


1. Given the severity of terrorism crimes, rulings issued
against these crimes will not be rescinded (i.e., if an
individual is wanted/convicted of a terrorism-related crime,
the person will remain wanted for the crime until sentence is
served.)


2. And if the terrorism crime involved more than one person,
or a group, it will require more time of the investigating
authorities for investigations and collection of evidence,
and arresting suspects, and searches. If sufficient evidence
is available to arrest an individual for such a crime, or if
one is caught in the act, the proposed law grants the
arresting authority power to arrest the individual. Within
48 hours at the most, the arresting officer can then ask the
attorney general for an extension not to exceed seven days.
And the arresting/investigating officer must take a statement
from the accused. If there is no evidence to suggest the
individual's innocence before the end of the seven days, the
arresting/investigating officer then sends the accused to
attorney general. It is up to the attorney general to
question the accused within three days and then order his
arrest or his release.


3. And if the investigation in these crimes may be lengthy
given their complication and involvement, and it might exceed
the initial period of arrest of the attorney general, the
proposed law then authorizes seeking the lower court
authority. The proposed law allows the attorney general to
investigate and push the case forward and not to be limited
by the constraints of this law.


4. As terrorist organizations rely in their activities on
sending messages and money that may come from outside the
country, and the public authorities may not determine the
truth at the appropriate time, and the monitoring of accounts
and deposits of the accused or those who might be or become
under suspicion, the proposed law authorizes the attorney
general to order the confiscation of the messages (in various
forms),and the monitoring of communication in various forms,
and the recording of activities in public and private venues,
if there is value to uncovering the truth, and for a period
not to exceed 90 days. This period can not be extended
except by order of the specialized court. The attorney
general is also authorized to check or acquire any
information that might be associated with these accounts if
this will lead to uncovering the truth of the crimes.


5. To protect the investigators, and to prevent terrorists
from learning the source of the information, and to prevent
useful information from becoming known to the public and
especially the terrorists before the investigation is
complete, the proposed law provides that the information
presented by the security forces to extend the period of the
arrest remain secret with the attorney general, and not be
presented publicly.

End Text.

MONROE