GUANTANAMO DETAINEES ACQUITTED OF ALL CHARGES;

C O N F I D E N T I A L KUWAIT 001831 SIPDIS SIPDIS STATE FOR NEA/ARP, S/WCI, LONDON FOR TSOU, PARIS FOR ZEYA E.O. 12958: DECL: 05/21/2016 TAGS: OPDC PGOV PHUM PREL PTER KU TERRORISM SUBJECT: GUANTANAMO DETAINEES ACQUITTED OF ALL CHARGES; CASE MOVES TO APPEALS COURT REF: A. KUWAIT 0749 ¶B. 05 KUWAIT 5070 ¶C. 05 KUWAIT 4681 Classified By: Ambassador Richard LeBaron for reasons 1.4 (b) and (d) ¶1. (SBU) On May 21, Court of First Instance Judge Hamoud Al-Mutaawa announced that the five Kuwaitis formerly detained at Guantanamo had been acquitted of all charges against them. (Following their return to Kuwait, the GOK brought various charges, including membership in an illegal organization, Al-Qaida.) Three of the five, Abdulaziz Sayer Owain Al Shimmari, Mohammed Funaitel Sahli Al-Dihani, and Saad Maadi Saad Al Azmi, have been free on bail since March 5 and remain on bail. A fourth, Adil Zamil Abdulmohsen Al Zamil was also released on bail on March 5 but was subsequently re-arrested and is in prison on charges related to an April 2000 assault of a female Kuwait University student. The fifth former detainee, Abdullah Saleh Ali Al Ajmi, was transferred to a mental hospital for observation on March 5. The impact of today's court announcement on his detention is unclear. ¶2. (SBU) The criminal case against the five was immediately transferred by the prosecution to the Court of Appeals. A decision by the Court of Appeals is expected within three months. A travel ban is still in effect until the appeals decision is announced. (Note: The first Guantanamo detainee, Nasser Al-Mutairi, to be returned to Kuwait was also initially acquitted but his acquittal was overturned on appeal and he was sentenced to five years hard labor (ref c). End note.) ¶3. (C) Comment: The acquittal by the Court of First Instance does not eliminate the possibility that the individuals will face jail time if their acquittal is overturned. The Justice Ministry has previously, in April 2005 and in March 2006, acted independently on cases involving Guantanamo detainees and it does not routinely inform the Ministry of Foreign Affairs of its decisions. Nevertheless, we will reiterate with our MFA contacts our interest in being advised in advance of any developments relating to released Guantanamo detainees. End comment. ********************************************* * For more reporting from Embassy Kuwait, visit: http://www.state.sgov.gov/p/nea/kuwait/?cable s Visit Kuwait's Classified Website: http://www.state.sgov.gov/p/nea/kuwait/ ********************************************* * LEBARON