Identifier
Created
Classification
Origin
06MANAMA1507
2006-08-15 10:05:00
CONFIDENTIAL
Embassy Manama
Cable title:
BAHRAIN'S FIRST COUNTER-TERRORISM LAW ENTERS INTO
how-toVZCZCXRO0537 OO RUEHBC RUEHDE RUEHKUK DE RUEHMK #1507/01 2271005 ZNY CCCCC ZZH O 151005Z AUG 06 FM AMEMBASSY MANAMA TO RUEHC/SECSTATE WASHDC IMMEDIATE 5449 INFO RUEHEE/ARAB LEAGUE COLLECTIVE PRIORITY RHMFISS/HQ USCENTCOM MACDILL AFB FL PRIORITY RHBVAKS/COMUSNAVCENT PRIORITY
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
-------
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
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