SIX SHARIA COURT JUDGES GET SACKED

C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 000378

SIPDIS

DEPARTMENT FOR NEA/ARP,
CAIRO FOR STEVE BONDY,
LONDON FOR ETHAN GOLDRICH

E.O. 12958: DECL: 03/15/2029
TAGS: KJUS KDEM PHUM KWMN KMPI BA
SUBJECT: SIX SHARIA COURT JUDGES GET SACKED

REF: A. 04 MANAMA 268


B. 03 MANAMA 1438

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


1. (U) SUMMARY. In a move that could boost the rule of law
and protect women's rights, the Justice Minister summarily
sacked six Shari'a court judges. This is unprecedented.
Although the press reported the firings, no reasons for the
dismissals were provided. The Justice Minister asked our
MEPI-funded American Bar Association (ABA) legal advisor
(strictly protect) to review the files of the dismissed
judges. The Advisor said all six contained evidence of
accepting bribes and coercing sex from female litigants.
Women's societies and activists laud the GOB's action, but
also call for more reform. Having been repeatedly told by the
Minister of Justice that Shari'a courts are off limits when
it comes to reform (because Shari'a courts are under the
jurisdiction of the Ministry of Islamic Affairs) the
dismissal of these judges tells us that judicial reform could
be swift, unexpected, pervasive and not necessarily low
profile (see reftel A). Our legal advisor recommended
criminal prosecution of the sacked judges. Their
prosecution, conviction, and incarceration would be a
powerful symbol that the King is committed to the rule of law
in Bahrain. END SUMMARY.


2. (U) On March 11, the local press reported on the
dismissal of five Shari'a court judges: two from the Sunni
Shari'a High Court (Shaikh Jassim Mutlaq Al Thawadi and
Shaikh Abdulla Al Malki) and three from the Shi'a Jaafari
Court (Mohammed Jaafer Al Jufairi, Shaikh Saeed Al Oraibi and
Shaikh Mohsin Al Asfoor). No reason was given for their
dismissal. On March 14, local Arab press reported the
suspension of an additional Sunni High Court Judge Shaikh
Jala Al Shargi.


3. (U) Shaikh Jassim Mutlaq Al Thawadi responded publicly
on March 14 to the dismissal statement that that he will
continue to practice law and that he was shocked to learn of
his dismissal in the paper prior to formal notification by
his superiors. Al Thawadi also complained that Deputy
Chairman of the Supreme Council for Judiciary Shaikh Khalifa
bin Rashid Al Khalifa refused to meet with him for discussion
on his dismissal.


4. (C) Our ABA legal advisor (strictly protect),who was
given permission to review the personnel files of the
dismissed judges, told PolOff on March 15 that Al Thawadi's
dismissal was no surprise. In our contact's opinion, he was
guilty of several counts of sex coercion. The file had sworn
statements by law clerks attesting that women were regularly
scheduled to come after hours to his chambers to 'discuss'
their cases. Some of the women who were scheduled for
after-hours consultations have pending civil court sexual
harassment cases against Al Thawadi.


5. (C) As for the other judges, our contact told PolOff on
March 16, that Shaikh Mohsin Al Asfoor was dismissed for
taking a BD32,000 (USD84,800) bribe and a car from a rich
businessman in December 2003 and then reneged on his promise
to rule in the businessman's favor on an inheritance dispute.
Since the December ruling, the businessman has continued to
threaten to sue Shaikh Mohsin in an international court of
justice and gave the judge a February 2004 deadline before he
would go public. The businessman copied the Minister of
Justice, the Crown Prince, and the King on all
communications. In January 2004, the Minister of Justice
requested Judge Al Asfoor meet and explain his actions but Al
Asfoor refused all meetings with Minister Al Arayed.


6. (C) Shaikh Abdulla Al Malki's file contained evidence of
both bribery and sexual coercion. The other judges' files
had evidence of sexual coercion.


7. (C) Bahraini women activists have responded favorably to
the dismissals. The leadership of both the Bahrain Women's
Society and the Al Mustaqba women's society said it was high
time Shari'a court judges were held accountable for their
misdeeds. Founding member of the Women's Petition Committee
(see reftel B) Badriya Rabiah told PolOff on March 17 that
even though she finally won custody of her children on second
appeal in January 2004, there are many more dishonest Shari'a
court judges who need to be fired. Plaintiff against Judge
Shaikh Jassim Al Thawadi, Ghada Jamsheer told PolOff on March
17 that the sacking of these judges is a step in the right
direction but that they should serve jail time for rape and
bribery. Human rights activist and attorney Fatima Al Hawaj
stressed to PolFSN on March 17 that the Women's Petition
Committee played a crucial role in revealing the judges'
misconduct. She cited Badria Rabiah's case as the watershed
case that made public the incompetence of Shari'a court
judges. Al Hawaj noted that this is the first of many
much-needed steps to reform Bahrain's judicial system, and
may set the stage for the drafting of a long awaited personal
status law.


8. (C) COMMENT. The dismissal of corrupt Shari'a court
judges is a large step in the right direction for judicial
reform and protecting women's rights in Bahrain. The
appointment of eight new judges to the Jaafari Shi'a Shari'a
Courts and a new Advisor to the Supreme Judicial Council,
suggests more changes are on the way and has the legal
community buzzing with enthusiasm. Minister Jawad bin Salim
Al Arayed appears to be serious about reform. Our ABA legal
advisor (strictly protect) recommended criminal prosecution
of the sacked judges. Their prosecution, conviction, and
incarceration would be a powerful symbol that the King is
committed to the rule of law in Bahrain. END COMMENT.
FORD