GUANTANAMO DETAINEES RELEASED ON BAIL

C O N F I D E N T I A L KUWAIT 000749 SIPDIS SIPDIS STATE FOR NEA/ARP, S/WCI, LONDON FOR TSOU, PARIS FOR ZEYA E.O. 12958: DECL: 03/05/2016 TAGS: OPDC PGOV PHUM PREL PTER KU TERRORISM SUBJECT: GUANTANAMO DETAINEES RELEASED ON BAIL REF: A. 05 KUWAIT 5070 ¶B. 05 KUWAIT 4681 ¶C. 05 KUWAIT 1501 Classified By: Ambassador Richard LeBaron for reason 1.4 (b) ¶1. (U) On March 5, only hours after Kuwait's Court of First Instance heard opening arguments in the case charging five Kuwaitis formerly held at Guantanamo with membership in Al-Qaeda, the court abruptly issued an oral decision to release four of the five men from prison on 500 dinar bail (approximately USD 1700) and imposed a travel ban on them. The fifth detainee, Abdullah Saleh Ali Al Ajmi, will be transferred to a mental hospital for observation. No additional commentary from the court was given for the release. Saad Maadi Saad Al Azmi, Mohammed Funaitel Sahli Al Dihani, Abdulaziz Sayer Owain Al Shimmari, Adil Zamil Abdulmohsen Al Zamil and Abdullah Saleh Ali Al Ajmi were returned to Kuwait from Guantanamo on November 4, 2005. Upon their arrival they were interrogated by Kuwait State Security (KSS) and later investigated by Kuwaiti police. The March 5 hearing marked the first time the court heard testimony from the defense. Opening Arguments Strike a Chord -------------- ¶2. (SBU) The court's decision to release the five came less than five hours after defense lawyers began their opening statements. Quoting from the United Nations Commission on Human Rights' February 16 report, the six defense lawyers asked that the UN report be submitted as evidence that their clients were coerced into confessing. They also asked the judges not to further the abuse by continuing their detention. Also raised in opening arguments was a February 27 Los Angeles Times article by attorney Thomas Wilner, counsel for former and current Kuwaiti detainees in Guantanamo, comparing the prison to a gulag and describing the capture of the Kuwaitis and others. The defense argued repeatedly that the Kuwaitis were innocent and had been sold as bounty to the U.S. military. During the hearing, attended by PolOff and PolAsst, the three judges were obviously enrapt by the descriptions given of Guantanamo and court observers as well as defendants could be seen nodding their heads in agreement as the lawyers described the mistreatment and abuse. ¶3. (C) Although the session ended with little fanfare and a schedule resumption on April 6, it was obvious that the defense team had a sympathetic audience. The decision to release the five occurred mid-afternoon on March 5 and was relayed to PolAsst by press contacts. Immediate confirmation of the release by the Ministry of Foreign Affairs (MFA) was not forthcoming. (Comment: Like the April 2005 release of Nasser Al-Mutairi (since convicted and serving a five-year prison term) the court acted independently and did not inform MFA of the release (ref C). MFA contacts were surprised by the decision which contradicts a bilateral agreement that the GOK should inform the Embassy if detainees are to be released. MFA promised to take up the matter with their counterparts at the Ministry of Justice. 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