FAILAKA ATTACK SENTENCES INCREASED ON APPEAL:

UNCLAS SECTION 01 OF 02 KUWAIT 000260 SIPDIS SENSITIVE SIPDIS STATE FOR NEA/ARPI, S/CT E.O. 12958: N/A TAGS: PTER PHUM PGOV PINR KU TERRORISM SUBJECT: FAILAKA ATTACK SENTENCES INCREASED ON APPEAL: HEAVY FINES, PROBATION, AND TRAVEL RESTRICTIONS ¶1. (U) On January 24 Kuwait's Court of Appeals overturned most of the original sentences of the twelve defendants charged in the October 8, 2002 Failaka Island shooting which resulted in the death of USMC Lance Cpl. Antonio Sledd and the injury of USMC Lance Cpl. George Simpson. The court sentenced four of the defendants to a 200,000 Kuwaiti dinar (KD) fine (approximately $640,000),two years probation, and loss of their passports. Four other defendants received fines ranging from 2,000 KD ($6,400) to 10,000 KD ($34,000) fine, and a minor defendant received two years probation. The court upheld two of the original five acquittals. Under Kuwaiti law, the defendants will remain in prison until their fines are paid in full to the court. The new sentences may still be appealed to the Court of Cassation by both the defendants as well as the prosecutor. ¶2. (U) The verdicts were listed by number with defendants corresponding names listed separately. All defendants were present for prior hearings and are listed below. 1) Suleiman Jamal Ahmed Al Kandari Charge: Involvement in or support of a terrorist attack. Original Sentence: Five years in jail which was suspended for a 500 KD fine ($1700). New Sentence: 200,000 KD fine, two years probation, and passport surrender. 2) Ahmed Mohammed Jamal Al Kandari Charge: Membership in an illegal organization. Original Sentence: Five years in jail which was suspended for a 500 KD. New Sentence: 200,000 KD fine, two years probation, passport surrender. 3) Mohammed Asaad Abdullah Al Kandari Charge: Involvement in or support of a terrorist attack. Original Sentence: Four years in jail which was suspended for a 200 KD fine ($640). New Sentence: 200,000 KD fine, two years probation, and passport surrender. 4) Adnan Asaad Abdullah Al Kandari Charge: Involvement in or support of a terrorist attack. Original Sentence: Acquitted. New Sentence: 200,000 KD fine, two years probation, and passport surrender. 5) Ibrahim Hussein Al Kandari, a minor Charge: Involvement in or support of a terrorist attack. Original Sentence: Two years judicial custody. New Sentence: Two years probation. (Note: Most of original sentence has already been completed. End note.) 6) Ahmed Jamal Ahmed Jamal Al Kandari Charge: Illegal possession of arms. Original Sentence: 2,000 KD fine ($6400). New Sentence: Same as original. 7) Abdullah Mohammed Ahmed Al Kandari Charge: Involvement in or support of a terrorist attack. Original Sentence: Acquitted. New Sentence: 10,000 KD fine ($34,000) and two years probation. 8) Ghazi Faisal Yaseen Al Tarrah Charge: Illegal possession of arms. Original Sentence: 5,000 KD fine ($17,000). New Sentence: 4,000 KD ($13,500). 9) Dhari Saleh Rashood Al Shimmari (formerly listed as Al Enezi on original court and press documents). Charge: Involvement or support of a terrorist attack. Original Sentence: Signed pledge of good conduct for two years. New Sentence: The court abstained on passing a sentence. 10) Yousef Ahmed Yousef Al Kandari Charge: Involvement in or support of a terrorist attack. Original Sentence: Acquitted. New Sentence: 2,000 KD fine and two years probation. KUWAIT 00000260 002 OF 002 11) Mustafa Hamad Sarab Mohammed Charge: Involvement in or support of a terrorist attack. Original Sentence: Acquitted. New Sentence: Acquittal upheld. 12) Saad Mohammed Al Saeed Charge: Involvement in or support of a terrorist attack. Original Sentence: Acquitted. New Sentence: Acquittal upheld. ¶3. (SBU) Note: The high fines imposed may keep the defendants in prison for some time. The defendants will be held in the same medium-security prison block with debt and fraud case defendants and allowed unlimited visitors and unlimited access to the telephone in order to raise money to cover their fines. The two Kuwaiti assailants directly responsible for the attacks, Anas Ahmed Ibrahim Al Kandari and Jassem Hamad Mubarak Al Hajeri, were killed as they attempted to flee the area. End note. ********************************************* Visit Embassy Kuwait's Classified Website: http://www.state.sgov.gov/p/nea/kuwait/ You can also access this site through the State Department's Classified SIPRNET website ********************************************* LeBaron