CONSPIRACY LAW POSSIBILITIES - MEETING WITH MOJ

S E C R E T MANAMA 000264

SIPDIS

DEPARTMENT FOR NEA/FO: PDAS LAROCCO AND DAS DIBBLE
NEA/ARP, S/CT
CAIRO FOR STEVE BONDY
LONDON FOR ETHAN GOLDRICH

E.O. 12958: DECL: 02/23/2029
TAGS: PTER PREL ASEC BA
SUBJECT: CONSPIRACY LAW POSSIBILITIES - MEETING WITH MOJ


Classified By: Charge d'Affaires Robert S. Ford for reasons
1.4 (b) and (d).


1. (C) Upon return from his Washington trip, the Crown
Prince placed a wake-up call to the Justice Minister to ask
about Bahrain's conspiracy law, the Minister told CDA and
PolOff on February 22. Minister of Justice Jawad bin Salim
Al Arayed asked us what a conspiracy law should do. The CDA
explained that Bahraini security officials told us that the
GOB can only detain a person who is in possession of illegal
weapons or has already committed an act of violence. A
conspiracy law would allow the GOB to detain a person who is
suspected of planning a violent act, and if found guilty of
such planning, convict in a court of law and imprison him.
The Charge cited the three detained suspects the GOB released
last year for lack of evidence or a conspiracy law. The
Charge said we are concerned that these people are still
planning to commit violent criminal acts against US citizens
in Bahrain.


2. (C) Assistant Undersecretary and Chief Prosecutor Shaikh
Khalid bin Ali Al Khalifa who joined the meeting said that
Articles 152, 157 and 158 of the Criminal Procedures Law
address various procedures for terrorist acts. Shaikh Khalid
reiterated that evidence must link conspirators and indicate
that the planned violent act would occur within the borders
of Bahrain. Shaikh Khalid said the three detainees were
released for lack of this type of evidence. CDA shot back
that this a why Bahrain needs a conspiracy law. Because of
all the Islamic conservatives in Parliament, the Justice
Minister doubted that Parliament would ever pass such a law.


3. (U) Having said that, Al Arayed said there might be
other avenues to move ahead. He asked to review the US
conspiracy law. Although Post forwarded copies of the law on
at least two occasions to the Ministry of Foreign Affairs, Al
Arayed confirmed that he never received any of these copies.
Charge mentioned that Jordan used its laws to detain persons
suspected of criminal conspiracy. Shaikh Khalid also
mentioned that Morocco recently passed a law on terrorism.
Al Arayed requested copies of these laws to review. Shaikh
Khalid promised to expeditiously review the laws and discuss
them with us.


4. (C) RSO has already solicited copies of both the
Jordanian conspiracy and Moroccan terrorism laws from RSO
Amman and Rabat, respectively.


5. (S) COMMENT. The Minister's prognosis that a conspiracy
law would be a tough sell in Parliament is likely right.
Some Sunni Islamists in the Parliament and even a secular
member of the Shi'a opposition are sympathetic to those
briefly detained last year on suspicion of conspiring to
commit criminal acts.


6. (C) COMMENT CONTINUED. Parliament notwithstanding
Minister Al Arayed is willing to engage. A visit by US legal
experts to discuss contents of Bahraini and other Arab
states' laws would be very useful. The quicker we could get
such a visit, the better. END COMMENT.
FORD