BAHRAIN'S FIRST COUNTER-TERRORISM LAW ENTERS INTO

C O N F I D E N T I A L SECTION 01 OF 03 MANAMA 001507 SIPDIS SIPDIS FOR NEA/ARP, S/CT E.O. 12958: DECL: 08/14/2016 TAGS: PTER PGOV PHUM BA CTR POL HUMRIT SUBJECT: BAHRAIN'S FIRST COUNTER-TERRORISM LAW ENTERS INTO FORCE REF: A. MANAMA 1469 ¶B. MANAMA 1156 Classified By: CDA Susan L. Ziadeh for reasons 1.4 (b) and (d). -------------- Summary -------------- ¶1. (C) King Hamad August 12 signed into law Bahrain's first law specifically criminalizing terrorism. Both chambers of parliament passed the law in the final days of the legislative session, which expired at the end of July. The law enumerates the types of crimes considered to be terrorism and establishes punishments, ranging up to and including the death penalty. The law also criminalizes conspiracy to carry out an act of terror, establishing an unspecified penalty of imprisonment or fine. Human rights and political activists worry that the law gives the government expanded powers to crack down on its opponents on the pretext of fighting terror. In the context of a recent successful constitutional challenge to a conspiracy clause in the 1976 penal code, a senior Justice Ministry official said he sees no obvious vulnerability in the CT law's conspiracy article. Bahrain and the United States share a strong interest in seeing that the conspiracy article is upheld and can be used against terror suspects. End Summary. -------------- Bahrain Implements First CT Law -------------- ¶2. (U) After more than two years of processing and several iterations of the text, Bahrain's first law specifically criminalizing terrorism and establishing harsh penalties for terrorist crimes entered into force August 12 following the King's ratification. Officially titled "Protecting Society from Terrorist Acts," the law was passed by both chambers of parliament in the final days of the legislative session that expired at the end of July. ¶3. (C) The draft bill experienced intense criticism in the elected lower house Council of Representatives from Sunni and Shia parliamentary blocs, both believing the law targeted their constituencies. The Sunni Islamist deputies argued that the government was pursuing the law in order to please outside countries (read the U.S.) by cracking down on Sunni Islamists as part of the global war on terror. Shia deputies maintained that the government would use the law to pressure and control Shia political activists and their followers. In their view, the law signals the return of some of the heavy handed tactics the government employed during the years of civil strife in the 1990s. -------------- Terrorism Defined -------------- ¶4. (U) Article 1 (of a total of 32 articles) of the law defines terrorism as (informal Embassy translations throughout): "Any use or threat of the use of force, or any other illegal means that constitute a crime punishable by law, to carry out a criminal plan, individually or in a group, aimed at disrupting the state system, exposing the safety and security of the Kingdom to danger, or harming national unity or the security of the international community, which results in harming people, or threatening them, or exposing their lives, freedom and security to danger, or harming public health or the environment or national economy or public and private properties or confiscating them, or obstructing people from doing their work or preventing or obstructing state authorities, places of worship, or scientific institutes from doing their work." ¶5. (U) Subsequent articles explain the various types of crimes that constitute terrorism and establish punishments for them, up to and including the death penalty. Some of the crimes mentioned specifically in the text are attacking people, bombing, theft, money laundering, establishing terror groups, providing weapons, weapons training, encouraging the commission of terrorist acts, contacting foreign terror organizations, and cooperating with foreign terror organizations. -------------- Plugging a Hole by Criminalizing Conspiracy MANAMA 00001507 002 OF 003 -------------- ¶6. (SBU) Article 18 of the law criminalizes conspiracy to commit terrorist acts, an unprecedented measure in Bahraini law. Article 157 of Bahrain's penal code (of 1976) criminalizes conspiracy to commit a crime, but that article was found to be unconstitutional in a recent case against members of a Sunni extremist cell originally arrested in June 2004 on charges of plotting bomb attacks on government, economic, and tourist establishments (Ref B). Article 18 of the CT law reads: "Punishment of imprisonment or fine shall be imposed upon a person with knowledge of a terrorist crime, conspiracy, plans, or acts with a goal of committing a terrorist crime, and who does not inform the authorities about this knowledge." The law sets no specified penalties other than the "imprisonment or fine" language. -------------- Activists Fear Government's Expanded Powers -------------- ¶7. (U) Human rights and political activists have joined Sunni and Shia bloc MPs in criticizing the law. The dissolved but still active Bahrain Center for Human Rights issued a release August 2 expressing concern that the law could place restrictions on the activities of human rights activists, specifically their defense of the rights of freedom of expression and association. The Center views language in the definition of terrorism referring to "preventing or obstructing the work of state authorities" and "harming national unity" as problematic and possible avenues for government abuse. ¶8. (C) The Human Rights Center release quotes Mary Lawlor, director of the Dublin-based human rights foundation Front Line, saying, "It is worrying that Bahrain is disregarding international concerns about this law, especially since Bahrain is a member of the new UN Human Rights Council." It also says that Martin Scheinin, UN Special Rapporteur for Human Rights and Counter-Terrorism, called for the Bahraini parliament to review the law. Local human rights activists have complained to EmbOffs that the law is an example of the government attempting to reassert control over political activity in the country. -------------- Justice Ministry Official Praises Law -------------- ¶9. (C) In an August 12 conversation with EconOff, Ministry of Justice Under Secretary Shaikh Khalid bin Ali Al Khalifa said "the new counter-terrorism law is a good one." On concerns raised by human rights groups that the law could be used to repress legitimate freedom of expression, he said, "We have taken a close look at these things - the law gives the government discretion in the application of its provisions." He said this flexibility given to the government would ensure that while Bahrain has a strong counter-terrorism law, the government would be able to satisfy the international community that human rights were being protected. He commented that much of the local opposition to the law had been expressed by parliamentarians eager to win support from their constituencies ahead of upcoming elections. ¶10. (C) Turning to the now-dropped court case involving the Sunni "Bahrain Six" extremist cell (Ref B),Shaikh Khalid said he was not surprised that the Constitutional Court had found Article 157 of the Penal Code to be unconstitutional. He viewed the wording of the article as prone to challenge. Language in the Court's ruling on Article 157, however, does not necessarily imply that Article 18 of the CT law could also be found unconstitutional in a possible future challenge. Shaikh Khalid said that he saw no obvious vulnerability in the new law. -------------- Comment -------------- ¶11. (C) As Shaikh Khalid said, the newly implemented counter-terrorism law is a good one. The first few drafts delivered by the government to parliament were dead on arrival, and were returned without any serious parliamentary review. This last, and ultimately successful, draft, is the MANAMA 00001507 003 OF 003 result of consultations between parliamentary leaders and government officials, and intense review in the lower house Defense, Foreign Affairs, and National Security Committee and the full Chamber. In contrast with the also recently implemented Anti-Money Launder/Combating Terror Financing Law, the CT law does not exempt what the OIC calls "freedom fighters" resisting occupation from the provisions of the law (Ref A). ¶12. (C) Comment continued: The greatest possible vulnerability of the CT law is Article 18, which deals with conspiracy. Opponents of this article say it criminalizes thoughts and sets no clear limits on the government's use of this provision to harass its opponents. Given the very recent ruling on the Penal Code's conspiracy clause, Article 18 could well be the subject of a near-term constitutional challenge. Both Bahrain and the United States have a strong interest in seeing that it is upheld, and we will urge the GOB to be as prepared as possible for any potential legal case. ********************************************* ******** Visit Embassy Manama's Classified Website: http://www.state.sgov.gov/p/nea/manama/ ********************************************* ******** ZIADEH