Identifier
Created
Classification
Origin
06KUWAIT2694
2006-07-05 13:33:00
UNCLASSIFIED
Embassy Kuwait
Cable title:
APPEALS COURT ACQUITS FOUR KUWAITI YOUTH WHO
how-toVZCZCXRO9360 RR RUEHDE DE RUEHKU #2694 1861333 ZNR UUUUU ZZH R 051333Z JUL 06 FM AMEMBASSY KUWAIT TO RUEHC/SECSTATE WASHDC 5614 INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE RUEHDM/AMEMBASSY DAMASCUS 3034
UNCLAS KUWAIT 002694
SIPDIS
SIPDIS
FOR NEA/ARP AND S/CT
E.O. 12958: N/A
TAGS: PTER PGOV KISL KU TERRORISM ISLAMISTS
SUBJECT: APPEALS COURT ACQUITS FOUR KUWAITI YOUTH WHO
TRAVELED TO IRAQ FOR JIHAD
REF: A. KUWAIT 1594
B. 05 KUWAIT 1908
C. 04 KUWAIT 2742
UNCLAS KUWAIT 002694
SIPDIS
SIPDIS
FOR NEA/ARP AND S/CT
E.O. 12958: N/A
TAGS: PTER PGOV KISL KU TERRORISM ISLAMISTS
SUBJECT: APPEALS COURT ACQUITS FOUR KUWAITI YOUTH WHO
TRAVELED TO IRAQ FOR JIHAD
REF: A. KUWAIT 1594
B. 05 KUWAIT 1908
C. 04 KUWAIT 2742
1. (U) On June 26, Judge Saleh Al-Muraishid of Kuwait's
Appeals Court acquitted four men -- Fahed Al-Mutairi, Dhari
Al-Zahamil, Abdullah Al-Shimmari, and Zayed Al-Enezi -- of
charges of entering Iraq to fight U.S.-led coalition forces.
The four were extradited from Syria in 2004 and convicted and
fined in May 2005 (refs B and C). Although all were tried as
adults, three of the four were minors when arrested and
maintained that they were duped by terror supporters and
financiers.
2. (U) The court also overturned the decision of the Court
of First Instance (the first court to hear and determine
disputes) which set aside the conviction and three-year
sentence of four men accused of supporting jihad in Iraq:
Nasser Al-Mutairi, Mohammed Al-Mutairi, Mishal Al-Dhafeeri,
and Nafel Al-Dhafeeri. The cases have been returned to the
Criminal Court for a final verdict.
3. (U) The Public Prosecutor had sought to appeal the
convictions of six men -- Adel H. Al-Shimmari, Khaled
Al-Dossari, Hamed Al-Harbi, Ahmed Al-Otaibi, Salem Al-Otaibi,
and Rajih Al-Ajmi -- arguing that the three-year sentences
were too light. Judge Al-Muraishid dismissed the appeal
because prosecutors did not file in a timely manner.
4. (U) The Appeals Court deferred consideration of the
Public Prosecutor's appeal of the verdicts against eight
other individuals pending a ruling by the Constitutional
Court on the constitutionality of Article 56 of the Penal
Code. In a separate case, the Appeals Court Chief referred
in early May several of the Peninsula Lions cases to the
Constitutional Court for a decision on the constitutionality
of the charges relating to collaboration to commit a crime
(ref A). The same law was used to indict Mohammed L.
Al-Mutairi, Shalal S. Al-Dhafeeri, Adel Al-Dhafeeri, Ahmed
Neghaimish, Fayez Al-Azimi, Ahmed M. Al-Mutairi, Mutlaq Abdel
Hadi Al-Ajmi, and Mishari Al-Hammad, thus the deferral.
********************************************* *
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/
********************************************* *
TUELLER
SIPDIS
SIPDIS
FOR NEA/ARP AND S/CT
E.O. 12958: N/A
TAGS: PTER PGOV KISL KU TERRORISM ISLAMISTS
SUBJECT: APPEALS COURT ACQUITS FOUR KUWAITI YOUTH WHO
TRAVELED TO IRAQ FOR JIHAD
REF: A. KUWAIT 1594
B. 05 KUWAIT 1908
C. 04 KUWAIT 2742
1. (U) On June 26, Judge Saleh Al-Muraishid of Kuwait's
Appeals Court acquitted four men -- Fahed Al-Mutairi, Dhari
Al-Zahamil, Abdullah Al-Shimmari, and Zayed Al-Enezi -- of
charges of entering Iraq to fight U.S.-led coalition forces.
The four were extradited from Syria in 2004 and convicted and
fined in May 2005 (refs B and C). Although all were tried as
adults, three of the four were minors when arrested and
maintained that they were duped by terror supporters and
financiers.
2. (U) The court also overturned the decision of the Court
of First Instance (the first court to hear and determine
disputes) which set aside the conviction and three-year
sentence of four men accused of supporting jihad in Iraq:
Nasser Al-Mutairi, Mohammed Al-Mutairi, Mishal Al-Dhafeeri,
and Nafel Al-Dhafeeri. The cases have been returned to the
Criminal Court for a final verdict.
3. (U) The Public Prosecutor had sought to appeal the
convictions of six men -- Adel H. Al-Shimmari, Khaled
Al-Dossari, Hamed Al-Harbi, Ahmed Al-Otaibi, Salem Al-Otaibi,
and Rajih Al-Ajmi -- arguing that the three-year sentences
were too light. Judge Al-Muraishid dismissed the appeal
because prosecutors did not file in a timely manner.
4. (U) The Appeals Court deferred consideration of the
Public Prosecutor's appeal of the verdicts against eight
other individuals pending a ruling by the Constitutional
Court on the constitutionality of Article 56 of the Penal
Code. In a separate case, the Appeals Court Chief referred
in early May several of the Peninsula Lions cases to the
Constitutional Court for a decision on the constitutionality
of the charges relating to collaboration to commit a crime
(ref A). The same law was used to indict Mohammed L.
Al-Mutairi, Shalal S. Al-Dhafeeri, Adel Al-Dhafeeri, Ahmed
Neghaimish, Fayez Al-Azimi, Ahmed M. Al-Mutairi, Mutlaq Abdel
Hadi Al-Ajmi, and Mishari Al-Hammad, thus the deferral.
********************************************* *
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/
********************************************* *
TUELLER