Identifier
Created
Classification
Origin
06KUWAIT3009
2006-07-26 13:35:00
CONFIDENTIAL//NOFORN
Embassy Kuwait
Cable title:
COURT OF APPEALS UPHOLDS ACQUITTALS OF FIVE
how-toVZCZCXRO1773 PP RUEHDE DE RUEHKU #3009 2071335 ZNY CCCCC ZZH P 261335Z JUL 06 FM AMEMBASSY KUWAIT TO RUEHC/SECSTATE WASHDC PRIORITY 5961 INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY RUEKJCS/SECDEF WASHINGTON DC PRIORITY RUEHKU/OMC-K KUWAIT KU PRIORITY RUEHKU/USDAO KUWAIT KU PRIORITY
C O N F I D E N T I A L KUWAIT 003009
SIPDIS
NOFORN
SIPDIS
STATE FOR NEA/ARP AND S/WCI
E.O. 12958: DECL: 07/26/2016
TAGS: PTER PGOV PHUM PREL KU TERRORISM
SUBJECT: COURT OF APPEALS UPHOLDS ACQUITTALS OF FIVE
GUANTANAMO DETAINEES; FURTHER APPEAL UNLIKELY
REF: A. KUWAIT 2020
B. KUWAIT 1831
Classified By: CDA Matt Tueller for reasons 1.4 (b) and (d)
C O N F I D E N T I A L KUWAIT 003009
SIPDIS
NOFORN
SIPDIS
STATE FOR NEA/ARP AND S/WCI
E.O. 12958: DECL: 07/26/2016
TAGS: PTER PGOV PHUM PREL KU TERRORISM
SUBJECT: COURT OF APPEALS UPHOLDS ACQUITTALS OF FIVE
GUANTANAMO DETAINEES; FURTHER APPEAL UNLIKELY
REF: A. KUWAIT 2020
B. KUWAIT 1831
Classified By: CDA Matt Tueller for reasons 1.4 (b) and (d)
1. (C/NF) Kuwait's Court of Appeals upheld the acquittal of
five Guantanamo detainees on terror-related charges,
including membership in Al-Qaeda. Four of the five were
released shortly after their May 21 acquittal in the Court of
First Instance while the fifth, Adil Zamil Abdulmohsen Al
Zamil remained in prison, serving out a one-year sentence
from a April 2000 assault case. (Note: Post was told by an
MFA official in May (ref A) that overturning the acquittals
would require "more evidence" from the USG. End note.)
2. (U) The decision, publicly announced on July 22, was made
privately a week to ten days prior. It is not immediately
clear if the travel ban is still in effect for the four
defendants released in May: Abdulaziz Sayer Owain Al
Shimmari, Mohammed Funaitel Sahli Al-Dihani, Saad Maadi Saad
Al Azmi, and Abdullah Saleh Ali Al-Ajmi. In addition,
prosecutors have not yet stated whether they intend to appeal
the acquittals to the Court of Cassation.
3. (C/NF) Comment: The court's decision to uphold the
acquittals highlights the ongoing challenge that GOK
officials and prosecutors tell us they face in gaining
convictions in terrorism cases when there is limited evidence
that defendants participated directly in terrorist acts. An
appeal to the Court of Cassation would likely reaffirm the
lower courts' findings, a risk the Attorney General's office
apparently does not want to take.
*********************************************
For more Embassy Kuwait reporting, see:
http://www.state.sgov.gov/p/nea/kuwait/cables
Or Visit Embassy Kuwait's Classified Website:
http://www.state.sgov.gov/p/nea/kuwait/
*********************************************
TUELLER
SIPDIS
NOFORN
SIPDIS
STATE FOR NEA/ARP AND S/WCI
E.O. 12958: DECL: 07/26/2016
TAGS: PTER PGOV PHUM PREL KU TERRORISM
SUBJECT: COURT OF APPEALS UPHOLDS ACQUITTALS OF FIVE
GUANTANAMO DETAINEES; FURTHER APPEAL UNLIKELY
REF: A. KUWAIT 2020
B. KUWAIT 1831
Classified By: CDA Matt Tueller for reasons 1.4 (b) and (d)
1. (C/NF) Kuwait's Court of Appeals upheld the acquittal of
five Guantanamo detainees on terror-related charges,
including membership in Al-Qaeda. Four of the five were
released shortly after their May 21 acquittal in the Court of
First Instance while the fifth, Adil Zamil Abdulmohsen Al
Zamil remained in prison, serving out a one-year sentence
from a April 2000 assault case. (Note: Post was told by an
MFA official in May (ref A) that overturning the acquittals
would require "more evidence" from the USG. End note.)
2. (U) The decision, publicly announced on July 22, was made
privately a week to ten days prior. It is not immediately
clear if the travel ban is still in effect for the four
defendants released in May: Abdulaziz Sayer Owain Al
Shimmari, Mohammed Funaitel Sahli Al-Dihani, Saad Maadi Saad
Al Azmi, and Abdullah Saleh Ali Al-Ajmi. In addition,
prosecutors have not yet stated whether they intend to appeal
the acquittals to the Court of Cassation.
3. (C/NF) Comment: The court's decision to uphold the
acquittals highlights the ongoing challenge that GOK
officials and prosecutors tell us they face in gaining
convictions in terrorism cases when there is limited evidence
that defendants participated directly in terrorist acts. An
appeal to the Court of Cassation would likely reaffirm the
lower courts' findings, a risk the Attorney General's office
apparently does not want to take.
*********************************************
For more Embassy Kuwait reporting, see:
http://www.state.sgov.gov/p/nea/kuwait/cables
Or Visit Embassy Kuwait's Classified Website:
http://www.state.sgov.gov/p/nea/kuwait/
*********************************************
TUELLER