Identifier
Created
Classification
Origin
06KUWAIT3079
2006-08-01 14:13:00
CONFIDENTIAL//NOFORN
Embassy Kuwait
Cable title:
CONSTITUTIONAL COURT SENDS PENINSULA LIONS CASE
how-toVZCZCXRO7110 PP RUEHDE DE RUEHKU #3079 2131413 ZNY CCCCC ZZH P 011413Z AUG 06 FM AMEMBASSY KUWAIT TO RUEHC/SECSTATE WASHDC PRIORITY 6042 INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY RUEHBY/AMEMBASSY CANBERRA PRIORITY 0584 RUEAIIA/CIA WASHDC PRIORITY RUEHKU/OMC-K KUWAIT KU PRIORITY RUEHKU/USDAO KUWAIT KU PRIORITY RHWSMRC/USCINCCENT MACDILL AFB FL PRIORITY
C O N F I D E N T I A L KUWAIT 003079
SIPDIS
SIPDIS
NOFORN
STATE FOR NEA/ARP AND S/CT, LONDON FOR TSOU, PARIS FOR ZEYA
E.O. 12958: DECL: 08/01/2016
TAGS: PTER PREL PGOV KU TERRORISM
SUBJECT: CONSTITUTIONAL COURT SENDS PENINSULA LIONS CASE
BACK TO APPEALS COURT; DECISION AFFECTS JIHADI IN IRAQ CASE
REF: A. KUWAIT 2694
B. KUWAIT 1594
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 003079
SIPDIS
SIPDIS
NOFORN
STATE FOR NEA/ARP AND S/CT, LONDON FOR TSOU, PARIS FOR ZEYA
E.O. 12958: DECL: 08/01/2016
TAGS: PTER PREL PGOV KU TERRORISM
SUBJECT: CONSTITUTIONAL COURT SENDS PENINSULA LIONS CASE
BACK TO APPEALS COURT; DECISION AFFECTS JIHADI IN IRAQ CASE
REF: A. KUWAIT 2694
B. KUWAIT 1594
Classified By: CDA Matt Tueller for reasons 1.4 (b) and (d)
1. (C/NF) On July 26, Kuwait's Constitutional Court ruled
that Article 56 of the Penal Code, dealing with collaboration
to commit a crime, was in fact constitutional and immediately
returned the Peninsula Lions case back to the Court of
Appeals. The Constitutional Court's rapid decision to uphold
Article 56 means that the Appeals Court will resume hearing
the Peninsula Lions' case, on hold since May 3, within weeks.
In addition, the upholding of Article 56 allows for the
continuation of the Jihadi in Iraq case (ref A) for eight of
the 22 defendants charged with recruitment of Kuwaiti youths
to fight in Iraq and collaboration to attack U.S.-led forces
in Iraq. The Appeals Court suspended hearings against the
eight on June 26, pending the Constitutional Court's ruling.
The case against the eight will likely resume within the next
month. (Note: Although both terror-related cases are being
heard by the Appeals Court, they are being heard in front of
two different panels of judges. End note.)
2. (C/NF) Comment: The ruling comes as a blow to both the
Peninsula Lions' defense attorneys as well as the referring
judge, Appeals Court Chief Judge Al-Obeid. Al-Obeid had
stated that the reason behind referral to the Constitutional
Court was that he felt it "unfair" that defendants who
planned a crime were being charged as if they carried out the
crime, albeit with lesser sentences imposed if found guilty.
In addition, the ruling strengthens the likelihood that the
prosecution will be able to reaffirm or increase the original
jail sentences for 29 of the 37 Peninsula Lion defendants
found guilty. The prosecutors may also be able to push for
jail sentences for five of the remaining seven defendants
initially acquitted. (Note: Defendant number 31 has died
since her original acquittal, defendant number 35 had his
acquittal already reaffirmed by the court, and defendant
number 16 waived his right to appeal and the prosecution has
accepted his original sentence. See ref B for more details.
End note.) Although the hearings will resume in September, a
final decision is likely to take several months.
*********************************************
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
SIPDIS
NOFORN
STATE FOR NEA/ARP AND S/CT, LONDON FOR TSOU, PARIS FOR ZEYA
E.O. 12958: DECL: 08/01/2016
TAGS: PTER PREL PGOV KU TERRORISM
SUBJECT: CONSTITUTIONAL COURT SENDS PENINSULA LIONS CASE
BACK TO APPEALS COURT; DECISION AFFECTS JIHADI IN IRAQ CASE
REF: A. KUWAIT 2694
B. KUWAIT 1594
Classified By: CDA Matt Tueller for reasons 1.4 (b) and (d)
1. (C/NF) On July 26, Kuwait's Constitutional Court ruled
that Article 56 of the Penal Code, dealing with collaboration
to commit a crime, was in fact constitutional and immediately
returned the Peninsula Lions case back to the Court of
Appeals. The Constitutional Court's rapid decision to uphold
Article 56 means that the Appeals Court will resume hearing
the Peninsula Lions' case, on hold since May 3, within weeks.
In addition, the upholding of Article 56 allows for the
continuation of the Jihadi in Iraq case (ref A) for eight of
the 22 defendants charged with recruitment of Kuwaiti youths
to fight in Iraq and collaboration to attack U.S.-led forces
in Iraq. The Appeals Court suspended hearings against the
eight on June 26, pending the Constitutional Court's ruling.
The case against the eight will likely resume within the next
month. (Note: Although both terror-related cases are being
heard by the Appeals Court, they are being heard in front of
two different panels of judges. End note.)
2. (C/NF) Comment: The ruling comes as a blow to both the
Peninsula Lions' defense attorneys as well as the referring
judge, Appeals Court Chief Judge Al-Obeid. Al-Obeid had
stated that the reason behind referral to the Constitutional
Court was that he felt it "unfair" that defendants who
planned a crime were being charged as if they carried out the
crime, albeit with lesser sentences imposed if found guilty.
In addition, the ruling strengthens the likelihood that the
prosecution will be able to reaffirm or increase the original
jail sentences for 29 of the 37 Peninsula Lion defendants
found guilty. The prosecutors may also be able to push for
jail sentences for five of the remaining seven defendants
initially acquitted. (Note: Defendant number 31 has died
since her original acquittal, defendant number 35 had his
acquittal already reaffirmed by the court, and defendant
number 16 waived his right to appeal and the prosecution has
accepted his original sentence. See ref B for more details.
End note.) Although the hearings will resume in September, a
final decision is likely to take several months.
*********************************************
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