UPDATE ON PENINSULA LIONS: PROSECUTION CALLS FOR

C O N F I D E N T I A L SECTION 01 OF 04 KUWAIT 004322

SIPDIS

STATE FOR NEA/ARPI AND S/CT, LONDON FOR TSOU, PARIS FOR ZEYA

E.O. 12958: DECL: 09/19/2015
TAGS: PTER PREL PGOV JO IZ SA KU TERRORISM
SUBJECT: UPDATE ON PENINSULA LIONS: PROSECUTION CALLS FOR
DEATH WHILE DEFENDANTS ALLEGE TORTURE

REF: A. KUWAIT 1308

B. KUWAIT 0804

Classified By: Ambassador Richard LeBaron for reasons 1.4 (b) and (c)


1. (C) Summary: The Peninsula Lions terrorist cell case
completed its procedural phase and began actual deliberations
on the charges facing the thirty-seven defendants on
Saturday, September 24. The accused are all implicated in
the January 10, 15, 30, and 31 police actions that left four
Kuwaiti police officers dead. Charges against them include
collaboration to commit terrorism, planning attacks on state
officials for the purpose of creating chaos, planning attacks
on U.S. forces within Kuwait, and funding terrorist groups
through charitable donations. The case is being closely
watched by the public as accusations of torture and coercion
have made it into the press after each procedural hearing. A
court-ordered medical examination of defendants who claimed
torture, verified their abuse but failed to mention where,
when, or by whom. Eleven defendants are still at large, nine
are out on bail, and seventeen are being held at the Central
Prison. The case is being tried by all Kuwaiti judges, a
rarity in a country where over half the judges are foreign.
Extra security measures are evident, with hooded Kuwaiti
Special Forces present in the courtroom, and uncovered
Kuwaiti Special Forces in place on the street. Neighboring
courtrooms have been emptied during the hearings so that the
Peninsula Lions case can be tried in relative seclusion on
the fourth floor of the court building. There have been
family members, overwhelmingly male, present for the
hearings, while the Australian Consular officer, with his
assistant, has also attended due to the presence of an
Australian national defendant. Some confusion exists as the
press reported that the Public Prosecutor's Office called for
the death penalty for all 37 while PolOff and Pol Assistant
heard them call for the "maximum penalty" for the individual
charges during the hearing itself. If accurate, that would
mean 20 could face death by hanging while others could be
looking at long prison sentences. End summary.

Who's on Trial for What
--------------


2. (SBU) The defendants list (see para 7) reads like a
cross-section of Kuwaiti government occupations, with the
Ministries of Public Works, Awqaf and Religious Affairs,
Interior, Social and Labor Affairs, and Defense all having
employees charged. (Note: The Government employs over 85% of
Kuwaitis who have jobs. End note.) The docket of charges
includes "murder of Kuwait security forces, planning the
assassination of Kuwait State Security (KSS) and Ministry of
the Interior (MOI) officials for the purpose of creating
chaos, planning the murder of military personnel of friendly
forces in Kuwait, collaborating to commit terrorism,
exhorting others to join illegal organizations, calling for a
fight against state authorities, and carrying out hostile
actions against state's interests." There are also
additional charges of issuing fatwas to help facilitate the
above, giving financial assistance to illegal organizations
in the form of donations, possessing unlicensed firearms and
ammunition, and manufacturing explosives.

Prosecution Seeks Death Penalty
--------------


3. (SBU) Four policemen were killed in the clashes during
January 2005. During the opening of deliberations on
September 24, the Public Prosecutor's Office called for the
"maximum penalty" for all defendants. This would include the
death penalty for 20 of the 37 suspects, for allegedly being
members of the Peninsula Lions, a group linked to Al-Qaeda.
The remaining 17 would face penalties ranging from five years
to life in prison, if sentenced to the maximum on each
charge. (Note: the GOK has executed only one Kuwaiti in the
past five years. Nearly all Kuwaitis previously facing the
death penalty were able to reach an agreement on payment of
blood money in lieu of capital punishment, but it is not yet
clear whether the GOK will allow a blood money payment in
this case. Blood money must be agreed upon by the family of
the victim as well as the relevant judicial authorities. End
note.)

GOK Investigates Torture Claims
--------------


4. (SBU) Twelve of the 17 imprisoned defendants claimed that
they were tortured and threatened with violence against their
families if they did not cooperate. A court ordered medical
examination revealed that the defendants did have scars, but
the examination could not conclude where or when the beatings
were inflicted or by whom. Lawyers for those claiming
tortured have asked for a dismissal of all charges due to
their clients' now "unfit" mental conditions. One lawyer
stated that his client was now psychologically so damaged, he
should not be tried for any crime. The allegations of
torture and the release of the medical report have made for
tabloid-type reading in the press, but there has been no
outcry from human rights groups.

The Scene in the Courtroom
--------------


5. (SBU) The courtroom is empty as the imprisoned defendants
are brought in, blindfolded and shackled, one by one. Two
Kuwaiti Special Forces (SF) soldiers flank each defendant as
they are moved from the holding area, outside the courtroom,
into the defendants' box. The thick blindfolds, four inches
wide, are removed and the shackles are unlocked, before they
are directed to the farthest seat available. As the
defendants' box fills up, more SF soldiers secure the
courtroom. The SF soldiers are hooded and have no names on
their uniforms. After the imprisoned defendants are all
seated, the defendants out on bail are called into the
courtroom. They are seated in the general gallery area, in
no specific order. Next, the lawyers and their assistants
are called in. They sit in the front two rows of the gallery
and against the walls. The gallery holds 65 seats and
defendants' family members and a handful of journalists fill
up the rest. PolOff and other official observers are seated
behind the lawyers in the third row, adjacent to the
defendants' box. The defendants' box has a specially built
metal cage inside it. The cage seats only fifteen so 2
defendants stand for the hearings. The cage's one door is
locked during proceedings and the gallery seats are four feet
from it. Facing the gallery is the "bench", resembling a
long podium, which seats three judges as well as three court
clerks. Lawyers are called up one at a time and present
their arguments to the judges sitting less than five feet
away from them. At times the dialogue can be so soft that
spectators cannot hear the defense's arguments. SF soldiers
flank the defendants' box and line the back wall of the
courtroom. Family members can speak to the defendants from
their seats but cannot approach the cage or touch the
defendants in any way. There are twelve regular SF soldiers
and 3 "Al-Maghaweer" or guerilla-trained SF soldiers present
in the courtroom during hearings. (Note: The Al-Maghaweer
are considered the "Delta Force" of the Special Forces in
Kuwait. Less than 25% of SF soldiers who attempt the
Al-Maghaweer training are able to complete it. End note.)
SF soldiers are also present directly outside the courtroom
and in front of the courthouse itself. Prisoners are
transported to and from the courthouse in a convoy of armored
buses with barred windows and heavily armored vehicles.

The Prosecution and Defense Begin Their Moves
--------------


6. (C) The Public Prosecutor's Office opened deliberations
on September 24 by recounting the events of January 2004 in a
detailed monologue lasting the better part of an hour.
Focusing on only a handful of defendants by name, the
prosecutor lauded the dead officers and then quoted the Koran
extensively on why it was "harram" or forbidden in Islam to
kill another Muslim. Before the hearing began, the
defendants' lawyers (approximately ten) struck a deal to
jointly request an immediate adjournment before beginning
their defense. Initially, not all of the defense attorneys
were willing to do so, but the higher profile attorneys
convinced them of the tactic before the courtroom doors
opened. PolOff and Pol Assistant noted that the most
charismatic lawyer, Mubarak Saadoun Al-Mutawa, defense
attorney for four defendants, including numbers 17 and 34 of
the para 7 list, handled most negotiations for the deal.
(Note: Al-Mutawa is well known to the Embassy and has handled
a number of high-profile cases in the past. End note.) The
Court accepted the request and the case was adjourned until
November 12 after the prosecutor's statement.

The List of the 37
--------------


7. (SBU) The following is the list of the thirty-seven
defendants with their ages and occupations as compiled by
numerous press sources. The defendants are normally
identified by their lawyers and the court clerks by number
only (i.e. Hamed Nawaf Al-Harbi is called "Number 15" in
court). Also included is whether or not they are fugitives,
in prison, or out on bail, to the best of Post's knowledge.
Post continues to verify the names at each hearing, since a
complete roster of full names has never been published. All
names, with estimated dates of birth, will be submitted to
the Department under the Visas Viper program.



1. Mohammed Sa'ad Bin Oun (Kuwaiti, 21, Ministry of Social
and Labor Affairs, in prison)


2. Ahmed Masameh Mohsen Majed Al Mutairi (Kuwaiti, 21,
student, in prison)


3. Abdullah Saeed Habib Al Shimmari aka Abdullah Bu Arwa
(Kuwaiti, 22, unemployed, in prison)


4. Ahmed Mutlaq Nasser Al Mutairi (Kuwaiti, 30, technician
at Kuwait Oil Company, in prison)


5. Mohammed Mahmoud Al Shimmari (non-Kuwaiti, 35, fugitive)


6. Suleiman Hamed Suleiman Al-Shimmari (Saudi, 41, fugitive)


7. Ahmed Melis Abdulaziz Al-Enezi (non-Kuwaiti, 20, student)


8. Mohammed Essa Nawaf Al-Shimmari (bidoon/stateless, 21,
secretary, in prison)

SIPDIS


9. Salah Abdullah Rabea Khalaf aka Salah Rabea Al Shimmari
(non-Kuwaiti, 24, student, in prison)


10. Mohammed Salem Al Ajmi (Kuwaiti, 32, formerly in Coast
Guard, in prison)


11. Mohsen Fadl Ayad Al-Fadhel/Al-Fadhli (Kuwaiti, 24,
fugitive)


12. Majed Mayyah Al-Mutairi (Kuwaiti, 33, Ministry of Public
Works, in prison)


13. Maqbul Fahd Fahhad Al-Maqbul (Kuwaiti, 34, Ministry of
the Interior retired, in prison)


14. Khaled Abdullah Al-Dosairi (Kuwaiti, 31, fugitive)


15. Hamed Nawaf Al-Harbi (Kuwaiti, 22, fugitive)


16. Mohammed Jamaal Al-Mutairi (Kuwaiti, 22, Ministry of
Awqaf, in prison)


17. Hussam Yousef Abdul-Rahim (Jordanian, 19, Salmiya
cooperative employee, in prison)


18. Abdulla Ali Al Rabei (Kuwaiti, 19, student, in prison)


19. Mohammed Abdullah Al-Otaibi (Kuwaiti, 21, Ministry of
Social Affairs & Labor employee, in prison)


20. Ahmed A. Al-Otaibi (Kuwaiti, fugitive)


21. Abdul Latif Abdul Qader Al Juwaisri (Kuwait, 21, fugitive)


22. Mohammed Sheikh Essa (Somali, 27, fugitive)


23. Fahed S. Al-Enezi (Kuwaiti, 37, businessman)


24. Nassir Ali Al-Otaibi (Kuwaiti, 28, Ministry of Education,
out on bail)


25. M.S. Al-Otaibi (Kuwaiti, 19, student, in prison)


26. Osama Ahmed Hussein Al-Monawer (Kuwaiti, 32, lawyer, out
on bail)


27. Bassem A. Al-Shimmari (possible bidoon/stateless, 24, in
prison)


28. Ali Habib Al-Shimmari (non-Kuwaiti, fugitive)


29. Nouri Moudalal Quwair (non-Kuwaiti, 30, former fugitive,
now on bail)


30. Faisal Amir Abu Qazila (Kuwaiti, 21, Ministry of Defense
1st Lt., held in prison)


31. Nuha Mohammed Al-Enezi (Kuwaiti, 26, wife of Cell leader
Amer Khlaif Al Enezi (deceased),being treated abroad for
cancer at unknown location)


32. Talal Adri (Australian, 28, businessman, former
bidoon/stateless, in prison)


33. Faisal F. Al-Dossari (Kuwaiti, 32, fugitive)


34. Hamed Abdullah Hamed Al-Ali (Kuwaiti, 44, Imam, teacher,
out on bail)


35. Yassir Josef Mustapha (Jordanian, 23, sales
representative, out on bail)


36. Mohammed S. Al-Rashidi (Kuwaiti, 34, Muezzin/Caller to
Prayers)


37. Ahmed Mohammed Al-Mutairi (Kuwaiti, 27, Ministry of
Defense 'retired')

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