REQUEST FOR INL FUNDING OF OPDAT PROGRAM FOR

S E C R E T SECTION 01 OF 03 MANAMA 000859

SIPDIS

NOFORN

DEPT FOR INL/C, S/CT, NEA/ARP, NEA/PI, AND DS/IP/NEA
DEPT PASS NSC FOR NICK RASMUSSEN
JUSTICE FOR SENIOR COUNSEL JIM REYNOLDS
CAIRO FOR STEVE BONDY

E.O. 12958: DECL: 05/31/2014
TAGS: PTER KJUS ASEC KMPI OEXC BA
SUBJECT: REQUEST FOR INL FUNDING OF OPDAT PROGRAM FOR
BAHRAIN

REF: A. MANAMA 802


B. MANAMA 696

Classified By: Ambassador Ronald E. Neumann for reason 1.4(d).

1.(U) This is an Action Message. Please refer to Para 10.

2.(S/NF) Embassy Emergency Action Committee reviewed refs A
and B in light of recent developments in Saudi Arabia and
existing threats in Bahrain. While the Embassy will maintain
diplomatic pressure on the GOB to address our security
concerns related to Bahraini Sunni extremists affiliated with
Al-Qaida, we believe ref A visit provided a separate,
bureaucratic avenue to build a stronger GOB capacity to deal
with domestic terrorism threats. Ref A made clear the lack
of consensus among Bahraini legal system actors regarding the
application of existing Bahraini laws criminalizing inchoate
crime as well as considerable ignorance about the importance
of stopping terrorists in the planning stages. Ref A also
highlighted that Bahrain's legal system is in the midst of a
major overhaul. Nearly all of the GOB's prosecutors are
newly hired and could benefit from training on counter
terrorism, terrorism-related investigations, detention, and
prosecution. The Justice Minister stated that he would
support training for prosecutors on inchoate crime and
criminal investigation techniques, but he would insist on
playing a major role in the development and management of the
training program.

3.(SBU) At the end of ref A visit, Department of Justice
attorneys Reynolds and Schwendiman reviewed options for
addressing Bahraini legal actors' need and desire for
training with EMBOFFS. The discussion identified three areas
of need when it comes to Bahrain's criminal justice capacity
for handling terrorism and terrorism related investigations,
detention, and prosecutions:

(a) education and skills training regarding inchoate crimes,
i.e., conspiracy ("agreement"),solicitation, attempt;

(b) getting maximum benefit out of the use of the twelve
international terrorism conventions and the chemical and
biological weapon conventions through their full adoption,
proper legislative implementation and by educating and
developing the skills of those who ought to be using them so
they can be effective using them; and,

(c) general legal education and practical skills development
(e.g., evidence, standards of proof, burdens of proof,
conducting investigations, managing investigations, making
charging decisions, marshaling evidence for use in presenting
criminal cases that meet international standards, effectively
using detention within international human rights limits,
courtroom practice, etc.) for newly selected Public
Prosecutors.

4.(U) Post proposes an early academic exchange in Bahrain at
the University of Bahrain College of Law on the subject of
inchoate crime and criminal law practice generally. We
recommend that two professors from the S.J. Quinney College
of Law of the University of Utah travel to Bahrain, a U.S.
District Court Judge, and a Department of Justice lawyer
engage in seminars with the faculty and students at the UOB
College of Law. The people recently selected as judges and
Public Prosecutors should be enlisted to attend the seminars.
The seminars should be true exchanges, not lectures or
instruction, so that they are an opportunity for our people
to learn more detail, through discussion and observation,
about the Bahraini system and about the state of Bahraini
practice regarding inchoate crime and criminal law practice
in Bahrain. Such a visit would be an opportunity to
establish relationships with academics and practitioners that
can be used to help develop a resident program for Bahraini
visitors that is an important feature of the overall program
for meeting the needs we have identified.

5.(U) S.J. Quinney College of Law Professors Erika Luna and
Wayne McCormack have indicated to Assistant Attorney
Schwendiman their willingness to travel to Bahrain as early
as this summer to conduct a seminar. Professor Luna and
Professor McCormack are recognized criminal law scholars with
reputations as stellar teachers. They have extensive
knowledge of comparative criminal law and constitutional law
including knowledge of laws in Arab and Islamic states. If
funding could be obligated for a summer program, we would
approach the University of Bahrain to host the program.(NOTE:
Markus Zimmer, Clerk of the District Court of Utah and
Assistant U.S. Attorney Schwendiman of the U.S. Attorney's
Office for the District of Utah now have extensive knowledge
of Bahrain's legal system and actors. Both have solid
connections with the faculty of the S.J. Quinney College of
Law. END NOTE)

6.(U) The Embassy recommends that we follow the academic
exchange with a four-week resident program in the United
States for ten Bahrainis (2 Public Prosecutors, 2 UOB law
professors, 2 judges, 2 court administrators, and 2 defense
attorneys) who have English language skills that are good
enough to permit them to participate in the discussions and
programs with ease without the need for translation. It
makes sense to us that the resident program should be hosted
by the U.S. Attorney's Office of the District of Utah. We
are confident that the University of Utah would support the
concept, as would judges in the United States District Court
for the District of Utah and resident judges for the Tenth
Circuit Court of Appeals. (NOTE: U.S. District Judge Paul
Cassell is a recognized crimnal and consitutional law scholar
who argued cases before the United States Supreme Court
before becoming a federal judge and who continues to teach at
the S.J. Quinney College of Law. Bahrain's Minister of
Justice knows Judge Cassel. U.S. Appeals Court Justice Mike
McConnell is also a highly respected, published,
constitutional law scholar. He has also argued numerous
cases before the United States Supreme Court before taking
the bench and also continues to teach. END NOTE). The
resident program would combine academic work at the
University of Utah with practical instruction and actual
practice woven together at the United States Attorneys Office
in Salt Lake City and at the United States District Court in
Salt Lake City. We also recommend that the participants
return to Bahrain via Washington, DC. This would provide an
opportunity for meetings with appropriate senior USG
officials of the executive and judicial branches.
7.(U) The objectives of the resident program in the United
States should be to increase the visitors' awareness of the
law and practical issues in the areas we have identified as
needs. The program should help the visitors become better at
identifying and managing issues in theory and practice. It
should also provide selected skills training, that is, give
the visitors a chance under controlled and non-threatening
circumstances to observe and practice the skills that make
for an effective criminal justice system. In particular we
want them to learn to use the features of the international
terrorism conventions, standard concepts for fighting
inchoate crime as it applies to counter terrorism
investigations and prosecutions. Done properly, the resident
program will produce Bahraini professionals, including
academics, who can use their experience when they return to
Bahrain to teach and instruct others.

8.(U) The resident program should be followed by a regular
schedule of academic and professional exchanges conducted in
Bahrain and in the United States aimed at maintaining the
relationships that are formed through the first academic
exchange and the resident program.

9.(U) Phase I Cost Estimate

Business Class Travel for four from Salt Lake City to Bahrain
to Salt Lake City -- USD 37,768

Per Diem in Bahrain for four for 8 days - USD 8480

Materials Preparation - USD 5000

Incidental Expenses - USD 1000

Phase I Subtotal - USD 52,248

Phase II Cost Estimate

Tourist Class Travel for 10 Bahrainis from Bahrain - Salt
Lake City - Washington, DC - Bahrain -- USD 18,980

Per Diem for 10 Bahrainis to stay in Salt Lake City for 4
weeks -
USD 33,320

Conference Coordination - USD 4000

Materials - USD 5000

Facility Rental - USD 1000

Phase II Subtotal - USD 62,300

Project Total - USD 114,548

Post believes that the GOB might be persuaded to bear some of
the financial burden for Phase II. We would be willing to
approach the Justice Ministry to provide perdiem for
participants while INL funding would pay for the air fare.

10.(U) ACTION REQUEST: The details of this training/exchange
plan were prepared by Assistant U.S. Attorney David
Schwendiman after his April visit to Bahrain with Justice
Department Special Counsel Jim Reynolds. Post would be happy
to forward the complete project proposal by e-mail to the
appropriate INL action officer. The Embassy requests that
INL fund Phases I and II of this program. END ACTION REQUEST.
NEUMANN