TERRORISM SUSPECTS RELEASED PENDING DECEMBER 6

C O N F I D E N T I A L MANAMA 001657

SIPDIS

STATE FOR NEA/ARPI, DS, S/CT

E.O. 12958: DECL: 11/01/2014
TAGS: PGOV ASEC PTER BA
SUBJECT: TERRORISM SUSPECTS RELEASED PENDING DECEMBER 6
COURT DATE

Classified by Ambassador William T. Monroe for reasons 1.4
(b) and (d).


1. (C) Minister of Justice Al Arrayid confirmed to the
Ambassador that charges had been filed against the four
terrorism suspects at a court hearing on November 1, and that
they had been released pending their next court date on
December 6. He said that the government did not have the
legal authority to extend the detention of the suspects once
again until the next session. He promised a fuller
explanation to the Ambassador in a meeting planned for
November 2.


2. (C) Ambassador called Minister of Industry (and confidant
to the King) Fakhro to express his concern regarding the
release of the four. Fakhro, after talking to the King,
called the Ambassador back to say that the King had told him
the four would be sentenced on December 6. (Comment: We
understand that the December 6 session will in fact be the
beginning of the actual trial. End Comment.) In the
meantime, their passports are being held by the public
prosecutor, they will be kept under surveillance, and they
will not be allowed to leave the country. "Rest assured," he
said, "everything will be done from our side to ensure that
they are dealt with appropriately."


3. (C) Attorney and MP Farid Ghazi Rifaie, who represents
one of the accused, told PolFSN that the November 1 session
was quick. The judge received the results of an
investigation of physical evidence, which concluded there was
no trace of explosives in fertilizer and sand seized by the
police. The prosecutor requested that the detainees remain
in custody, and defense lawyers requested they be released.
The judge decided to release them and, according to a press
contact in the court room, the suspects had to provide their
residences as bonds. They also agreed to be available to the
government at their residences and not to leave the country.
(Note: Rifaie said the suspects simply had to provide
information on their places of residence rather than offer
them as bonds. End Note.) Rifaie said that the four had
been charged under Article 156 of the penal code, criminal
agreement to commit a crime. This is the best the
prosecution can do in the absence of a terrorism conspiracy
law.


4. (C) Comment: While the judge's action today is a
disappointment, we will continue to push the GOB hard on the
need for a conviction and sentencing, both to get these four
off the streets and to send a strong message on Bahrain's
willingness to combat terrorism.

MONROE