Identifier
Created
Classification
Origin
04MANAMA1665
2004-11-02 15:51:00
SECRET
Embassy Manama
Cable title:  

AMBASSADOR DELIVERS DEMARCHE ON U.S. CONCERNS OVER

Tags:  PTER ASEC PREL BA 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
S E C R E T SECTION 01 OF 02 MANAMA 001665 

SIPDIS

STATE FOR NEA/ARPI, S/CT, DS

E.O. 12958: DECL: 11/02/2014
TAGS: PTER ASEC PREL BA
SUBJECT: AMBASSADOR DELIVERS DEMARCHE ON U.S. CONCERNS OVER
RELEASE OF TERROR SUSPECTS

REF: A. STATE 234462

B. MANAMA 1657

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

-------
Summary
-------

S E C R E T SECTION 01 OF 02 MANAMA 001665

SIPDIS

STATE FOR NEA/ARPI, S/CT, DS

E.O. 12958: DECL: 11/02/2014
TAGS: PTER ASEC PREL BA
SUBJECT: AMBASSADOR DELIVERS DEMARCHE ON U.S. CONCERNS OVER
RELEASE OF TERROR SUSPECTS

REF: A. STATE 234462

B. MANAMA 1657

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

--------------
Summary
--------------


1. (S) The Ambassador November 2 delivered Ref A demarche to
Minister of State for Foreign Affairs Abdul Ghaffar and
Minister of Industry (and confidant of the King) Fakhro. He
also spoke with Minister of Justice Al Arrayed and President
of the Court of Cassation Shaikh Khalifa Al Khalifa. Abdul
Ghaffar expressed his surprise that the four terror suspects
had been released, but noted that the GOB would conduct tight
24-hour surveillance. They might be released, "but they are
not free," he said. They will be back in court on December

6. Abdul Ghaffar said that the current situation was very
different from that of last June, noting that the government
had detained the suspects for almost four months, the police
had conducted an investigation, and the suspects were now
facing criminal charges in court. Minister Fakhro told the
Ambassador that the King had personally ordered
round-the-clock surveillance, and added that the government
would have liked nothing more than to keep the suspects in
prison. Minister Al Arrayed explained the nature of the
criminal charges lodged against the four, and Shaikh Khalifa
explained that one of the defense attorney's challenge of the
charges on constitutional grounds held no water. He admitted
that the case against the suspects remained weak due to lack
of evidence. End Summary.


2. (S) The Ambassador November 2 delivered Ref A demarche on
U.S. concerns over the release of the four terror suspects to
Minister of State for Foreign Affairs Mohammed Abdul Ghaffar.
The Ambassador also conveyed our concerns that the judge's
decision to release the defendants came without prior
warning. The release had surprised and shaken us. As a
result, the U.S. could lose confidence in Bahrain as a
partner in the fight against terrorism.

--------------
24-Hour Surveillance
--------------


3. (S) Abdul Ghaffar stated that he also was surprised that
the judge released the suspects, but said it was the judge's

decision alone, and not that of the GOB. The judicial branch
was independent in Bahrain and the government was not
permitted to intervene. He promised the security services
would conduct tight 24-hour surveillance of the four, stating
they "were released, but are not free."


4. (S) He noted that there were significant differences
between this release and that of last June. There is a court
case under way, the suspects had been held in prison for
three and a half months, the police had conducted a thorough
investigation, and the defendants had been charged with
violations of the penal code. (Note: Articles 155 and 157.
End Note.) They will return to court on December 6, the date
of the next hearing. Abdul Ghaffar said the government
intends to win the case, and the four will "remain in jail
for years."

--------------
Bahrain Committed to Working Closely with USG
--------------


5. (S) Abdul Ghaffar stated that he had spoken with a
Bahrain National Security Agency (BNSA) official before the
meeting with the Ambassador, and the official had assured him
that the BNSA had kept the USG informed at every stage of the
investigation. The USG had seen all the evidence against the
four. He emphasized that the GOB was committed to working
closely with the U.S. against terrorism, and said that any
possible future terrorist incident in Bahrain would first and
foremost harm Bahrain's interests. The GOB would not allow
that to occur.


6. (S) The Ambassador reiterated our deep concern that the
four were back on the street and stressed that surveillance
must be thorough. We were worried that the four might try to
reestablish contact with their friends outside of Bahrain.
Abdul Ghaffar agreed and assured the Ambassador that Bahrain
would do all it could to stay on top of the four.

--------------
King Watching Closely
--------------


7. (S) The Ambassador also delivered the demarche to
Minister of Industry (and confidant to the King) Hassan
Fakhro, stressing the importance of this issue to the U.S.
and the possible negative ramifications if the case was not
handled properly. Fakhro said the government was well aware
of the seriousness of the issue, and noted that the King had
personally issued instructions ordering that the four
released suspects be watched day and night. The head of the
BNSA had told him last night that the four had been followed
from the moment they left the courthouse. He said there is
nothing the government would have liked better than to keep
them in prison, but added the rule of law is also important
to both the U.S. and Bahrain.

-------------- --
Charges of Damaging Public Property, Conspiracy
-------------- --


8. (S) Separately, the Ambassador met with Minister of
Justice Jawad Al Arrayed and President of the Court of
Cassation (Supreme Court) Shaikh Khalifa bin Rashid Al
Khalifa to express our concerns and to seek clarification on
the status of the legal proceedings. Minister Al Arrayed
said that the four had been charged under two articles of the
penal code: 155 and 157. Article 155 calls, inter alia, for
punishment of imprisonment for persons who intentionally
vandalize public properties. This would be used, he said,
for the defendants, destruction of microphones in their
jail. "We are trying to find anything against them," he
said. Article 157 calls for imprisonment for persons who
take part in an agreement which aims at committing one of the
felonies listed in Article 155. (Note: This is the way the
current penal code addresses the charge of conspiracy, which
remains the core charge. End Note.)


9. (S) The Ambassador asked about the December 6 court date.
Shaikh Khalifa said that on of the defense lawyers was
seeking dismissal of the charges on the grounds that Article
157 was unconstitutional, and this would be heard on December

6. He said that there were absolutely no grounds for this,
and in fact the two other defense lawyers agreed. It was
possible that the defense lawyer could appeal a negative
court decision, but Shaikh Khalifa was the ultimate point of
appeal, and his position was clear. Nonetheless, Shaikh
Khalifa conceded, it was not certain that the case would
actually go to trial on December 6, pending further appeal.

--------------
Evidentiary Case Remains Weak
--------------


10. (S) Shaikh Khalifa brought with him a four-inch thick
folder of documents, including, he said, 450 pages of
interrogations, to support the prosecution. Nonetheless, he
said, the case remains weak. There is no confession, and no
specific, concrete crime to ask about. Minister Al Arrayed
stressed that the government is concerned about the case at
the highest level. "They are our enemies as much as they are
your enemies," he stated. But it will be important to play
the case just right. He expressed confidence that the case
was under control.

--------------
Comment
--------------


11. (S) With the release of the four suspects, we should not
lose sight of the fact that the government held the suspects
for almost four months, conducted an investigation including
interrogation of the suspects, and will pursue a legal case
against them. The defendants and their lawyers,
nevertheless, are depicting the November 1 decision as a
clear victory for them and are suggesting it portends
confirmation of their innocence. The government is telling
us they will pursue the case to its proper conclusion while
maintaining tight surveillance on the suspects. Our task
will be to impress upon the GOB at all levels the crucial
importance of doing just that.

MONROE