PROSECUTION OF SEVEN BAHRAINIS ARRESTED ON

S E C R E T SECTION 01 OF 02 MANAMA 000989

SIPDIS

DEPT FOR NEA/FO:PDIBBLE, NEA/ARP, S/CT, INL/AAE, DS/ITA,
AND DS/IP/NEA
DEPT PASS NSC FOR FRAN TOWNSEND AND NICK RASMUSSEN
JUSTICE FOR JIM REYNOLDS
CAIRO FOR STEVE BONDY
LONDON FOR ETHAN GOLDRICH

E.O. 12958: DECL: 06/22/2029
TAGS: PTER ASEC PREL KJUS BA
SUBJECT: PROSECUTION OF SEVEN BAHRAINIS ARRESTED ON
SUSPICION OF CONSPIRACY TO COMMIT TERRORIST ACTS DEPENDS ON
EVIDENCE

REF: A. MANAMA 859


B. MANAMA 837

C. MANAMA 817

D. MANAMA 802

E. MANAMA 696

Classified By: CDA Molly Williamson for reasons 1.4(b)(d).

1.(S) SUMMARY: Explaining he has no role in prosecutorial
decisions, the Justice Minister advised the Charge that
Bahrain's Attorney General will decide whether to pursue a
more thorough investigation or release the seven Bahrainis
arrested on June 22 on suspicion of conspiring to perform
terrorist acts. The police have 48 hours to conduct a
preliminary investigation and present the case to the
Attorney General. If a trial judge agrees, the suspects
could be detained for as long as six months at which time the
GOB must either prosecute them or release them. The Minister
predicted that political pressure could mount to release the
suspects. June 23 newspapers indicate that pressure has
already begun. The USG should relentlessly counter this
pressure with a message that the suspects should be detained
for the maximum allowable time to conduct a thorough
investigation and to bring them to trial. We should also
counsel the Bahrainis to insure that the defendants receive
full due process rights guaranteed in Bahrain's constitution.
END SUMMARY.

2.(S) Responding to Charge's question about the probability
of prosecuting the seven Bahrainis arrested on June 22 under
suspicion of consiracy to commit terrorist acts, Justice
Minister Jawad al Arayed said that the police have 48 hours
to conduct a preliminary investigation and hand the case over
to the Attorney General with intent to develop a case to
prosecute or release the suspects. The clock, he indicated,
began ticking on the night of June 22. The investigating
prosecutor assigned to the case would then have 45 days to
expand the investigation, he continued. At the conclusion of
that period, the prosecutor can either bring the case to
trial, or seek an additional 45 days from a trial judge to
continue the investigation, the minister said. If a trial
judge agrees, al Arayed confirmed, a prosecutor could detain
a suspect for a maximum of six months, after which he must
either release the suspect or bring the case to trial.

3.(S) Emphasizing prosecutorial independence, the Minister
stated explicitly that he has no role in the prosecution
decision. The investigating prosecutor will decide whether
to release the suspects or take the case to court. However,
the Minister noted that Bahrain's justice system is going
through a transition process and many of the new prosecutors
have only elementary training. None of them have much
knowledge or experience in handling a sophisticated
investigation of this type, he said.

4.(S) Commenting on the arrests, the Minister admitted that
the GOB is aware that these seven individuals are bad guys,
especially Bukhowa, who is a sophisticated gangster. They
are ruthless people who are part of a global movement. We
will have to deal with this issue and these people
repeatedly, he commented. Some of them, the Minister
continued, were arrested before, and released. Al Arayed
straightforwardly commented that political pressure, along
with public pressure from human rights groups, would build
and could affect decision-making.

5.(U) Local newspaper coverage of the arrests extensively
cited Shaikh Muhammad Salih Muhammad, who was quoted as
claiming that he negotiated a deal with the government to
remain in house arrest rather than experience jail detention.
The press also quoted MP Shaikh Muhammad Khalid and defense
lawyer Abdullah Hashim's protestations of the innocence of
the seven and their complaints about lack of attorney access
to the detainees. The articles quoted the wife of Yasir
Kamal complaining about the behavior of the police who
entered her house to arrest her husband, and photos in the
papers showed Kamal's house in disarray. On the other hand,
the pro-government Arabic daily "al-Ayyam" ran a front page
editorial endorsing government efforts to prevent security
threats and to reinforce stability.

6.(C) UK Ambassador Lamb called advised Charge on June 22
that one of the detained individuals is a UK dual national.
Lamb stated that he has no choice but to provide consular
services and expressed his hope that the USG would understand
his situation.

7.(S) COMMENT: In meetings leading up to the arrests, Crown
Prince Shaikh Salman, Minister of State Abd al-Nabi
al-Shoala, and Minister of Cabinet Affairs al-Muttawa told
Charge that they recognized the problem and promised action.
The next two days will test Bahrain's commitment to prevent
terrorism. Political pressure to effect their release has
already begun. At this point, a decision to detain the
suspects to pursue an investigation would send a strong
signal. Eventually prosecuting them would strengthen the
message. Equally important, ensuring the defendants receive
due process protections would sustain Bahrain's image on
political reform and also refute international human rights
organizations' allegations that the Global War on Terror is
eroding human rights gains in the region. We will need to
convey relentlessly our message that the GOB should
aggressively pursue its investigation and prosecution these
suspects while assiduously assuring they receive due process.
END COMMENT.
WILLIAMSON