KUWAITI COURT SENTENCES VIOLENT JIHADISTS TO JAIL

C O N F I D E N T I A L KUWAIT 001908

SIPDIS

STATE FOR NEA/ARPI

E.O. 12958: DECL: 05/09/2015
TAGS: PGOV KISL PTER KJUS KU ISLAMISTS TERRORISM
SUBJECT: KUWAITI COURT SENTENCES VIOLENT JIHADISTS TO JAIL
TERMS; SOME JIHADIS STILL WANTED

REF: A. KUWAIT 1308

B. 04 KUWAIT 2742

Classified By: Ambassador Richard LeBaron for reasons 1.4 (d).


1. (U) Twenty Islamic extremists, including 18 Kuwaitis, were
sentenced by the Criminal Court on May 8 in two separate
cases for entering Iraq to fight U.S.-led forces, or
providing training to others to fight there. Four others,
three Kuwaitis and one bidoon (stateless Arab),were fined
for low-level involvement. Penalties range from three-year
jail terms to fines of USD 10,000. Only one of those
sentenced, Kuwaiti Abdullah Matar Al-Shimmari, was in custody
at the time of sentencing. Al-Shimmari was also the only
defendant to be sentenced in both cases, receiving a total
sentence of eight years in prison, including two years for
attempting to enter Kuwait on a forged passport. Most of
those sentenced on May 8 were released last year on KD 300
(USD 1,000) bail after being arrested during Kuwait's July
2004 militant crackdown. Three of the twenty convicted were
minors extradited from Syria in 2004 and all three were tried
as adults (ref B).


2. (U) Two of the sentenced jihadists, Hamad Nawaf Al-Harbi
and Khaled Abdullah Al-Dosari, are still at large. All of
the defendants have 30 days to appeal the verdict in an
appellate court. Osama Al-Munawer, attorney for 14 of the
defendants and of firebrand Islamist cleric Hamad Abdullah
Al-Ali, said he would file an appeal on behalf of his clients
on May 9 (ref A).


3. (C) Comment: These sentences represent unusually firm
verdicts against militants in light of several recent
examples of judicial leniency in similar cases. Despite the
fact that Al-Harbi and Al-Dosari are on the run and possibly
no longer in Kuwait, the remaining militants, save Abdullah
Al-Shimmari, sentenced on May 8 are not in police custody and
it is highly unlikely that any are under police surveillance.
Twelve of the defendants were present during court hearings
in March and most, if not all, are likely to remain in Kuwait
throughout the appeals process. (Note: It is not unusual for
convicted Kuwaiti criminals to be free on bail while awaiting
an appeals court verdict. End Note.) Although there are few
public details regarding the two cases against these
convicted jihadists, given recent, lenient court decisions,
the verdicts have an even chance of being overturned on
appeal. Nonetheless, this case represents positive judicial
progress in line with the GOK's position of standing firm
against extremist violence and terror.

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LEBARON