COURT CASE AGAINST ACTIVISTS DROPPED, BUT CLASHES

C O N F I D E N T I A L SECTION 01 OF 03 MANAMA 000476

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/23/2017
TAGS: PGOV KJUS ASEC BA POL
SUBJECT: COURT CASE AGAINST ACTIVISTS DROPPED, BUT CLASHES
FLARE UP ANYWAY

REF: MANAMA 0096

Classified By: DCM Susan L. Ziadeh for reasons 1.4 (b) and (d).

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Summary
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1. (C) In a dramatic development, King Hamad May 18
announced that he had ordered the public prosecution to drop
its legal case against political activists Hassan Mushaima,
Abdul Hadi Al Khawaja, and Shaker Abdul Hussein. The
defendants had been charged with promoting change to the
political system through illegitimate means, inciting hatred
of the political system, and harming the public interest.
Shia political society Al Wifaq leader and MP Shaikh Ali
Salman, who was meeting with the King when he made the
announcement, publicly thanked the King for his gesture and
said it would help bolster national unity. Despite the move,
clashes between Shia protesters and security forces broke out
May 19 and continued the nights of May 20 and 21 in Shia
areas in various parts of the country. Salman and a
prominent human rights organization appealed for calm and the
clashes tapered off since the 21st. Deputy PM Shaikh
Mohammed bin Mubarak, in a May 22 meeting with the
Ambassador, was strongly critical of the demonstrators,
saying they were trying to sabotage Bahrain's democratic and
economic development. End Summary.

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King Orders Case Dropped
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2. (U) During a May 18 meeting with leading Shia opposition
political society Al Wifaq Secretary General and MP Shaikh
Ali Salman, King Hamad announced that he had ordered the
public prosecution to drop the government's case against
three Shia activists. Hassan Mushaima, leader of the Shia
rejectionist Haq Movement; Abdul Hadi Al Khawaja, head of the
dissolved Bahrain Center for Human Rights; and Shaker Abdul
Hussein, an independent activist, were to face charges of
promoting change to the political system through illegitimate
means, inciting hatred of the political system, and harming
the public interest in a trial set to begin on May 21. A
fourth charge of insulting the leadership had already been
dropped.


3. (U) Mushaima, Al Khawaja, and Abdul Hussein had been
arrested in early February for delivering speeches during
Ashoura celebrations in January criticizing the ruling family
and government. They were released the same day of their
arrest following violent demonstrations in Shia population
centers across the country (reftel). In the run-up to the
opening of the trial, the government and people had been
bracing for more violent confrontations. Mushaima said
publicly on May 17 that he and his co-defendants would
boycott the court session, saying that their fate had already
been sealed. "This is a political trial. We won't bow to
anyone except God. When things become fair in this country,
then we would consider showing up for a fair trial," Mushaima
said.


4. (U) In the meeting with Salman, the King expressed his
hope that violations such as those allegedly committed by the
accused would not be repeated. Salman thanked the King for
his gesture, which he said would help bolster national unity.
The King also recognized Al Wifaq's political role and
support for the political reform project. In a statement
issued later by Al Wifaq, the organization said the King's
decision to drop the case is a "positive step toward solving
all pending issues. We have spared no effort at all levels
to free Mushaima." Some observers have commented that Al
Wifaq is claiming credit for getting the charges dropped
against Mushaima, a former founding member and leader of Al
Wifaq, in order to regain some of the influence it has lost
in recent months among Shia youth.

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But Violent Protests Erupt
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5. (U) Despite expectations that the King's order to drop
the case against the activists would stabilize the security

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situation, violent clashes and incidents continued after the
order. On May 19, secular opposition political society Al
Waad President Ibrahim Sharif was injured while security
forces dispersed participants at a rally in the village of
Nuwaidrat. He said he was hit in the knee by a rubber bullet
and in the shoulder by a tear gas canister, but a later
medical exam revealed no serious injuries. According to
Sharif, the rally was held to support Mushaima and his
co-defendants, and was a peaceful gathering featuring
speeches by political figures, two of whom Sharif called
elderly. An Interior Ministry official told the press that
the gathering was illegal and when those present did not
comply with an order to depart, "the forces dealt with them
as necessary to disperse them within the law." The clashes
resulted in several participants and one police officer being
injured and a fire that damaged a bakery and a few more
shops. Later that night, rioters exploded a gas cylinder
under an electricity tower in a nearby village.


6. (U) Protesters and police clashed again the night of May
20 in Mushaima's home village of Jidhafs and other nearby
towns. Demonstrators burned tires and dumpsters and threw
Molotov cocktails while police tried to enter the villages to
clear the roads and drive away protesters. Executive
Director of the dissolved Bahrain Center for Human Rights
Nabeel Rajab said, "We call on the authorities to allow the
exercise of public freedoms, such as speech, the press, and
peaceful assembly, and to reform laws and regulations that
are contrary to human rights standards." The next night, May
21, three policeman were injured when masked assailants
hurled Molotov cocktails at their patrol car, setting it
ablaze. The Interior Ministry issued a statement describing
the incident as a terrorist attack.

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Statements Call for Calm
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7. (U) In an effort to calm the situation, Al Wifaq's Salman
and the Bahrain Human Rights Society (BHRS) issued statements
calling on both sides to stop the cycle of violence. Salman
said at a press conference May 21, "We deplore the dramatic
development of the situation and we do not believe that any
sensible person would like it to continue. There are serious
consequences to the current stand-off between the police and
the rioters and everyone is suffering." He said that the
clashes needed to end, asserting that their continuation
could undermine stability and have a negative effect on the
economy. "The whole nation will suffer from the possible
flight of investments.... It will not be just the government
that will suffer, but also investors, employees, and the
unemployed." He stated that, "People should know that
misunderstandings and divergences should be addressed only
politically and peacefully because those who believe that
they can twist the arm of the government are wrong,
particularly because no religious leader has condoned the
acts of arson and blowing up gas cylinders."


8. (U) The BHRS May 21 reacted strongly against what it
termed "excessive use of force by police to disperse a
peaceful meeting," a reference to the Nuwaidrat incident.
"The strong intervention by the public security forces in
Nuwaidrat and their use of rubber bullets and tear gas could
put people's lives in danger and violate their rights to
life." BHRS also criticized the arson attacks and sabotage,
saying that they violated private property rights and
threatened people's lives. "We really need everybody to calm
down, start a dialogue, engage in peaceful activities, and
broaden freedom of expression and peaceful rallies," the
society said. Since the night of May 21, the security scene
has been mostly calm.

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Deputy PM Critical of Shia Youth
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9. (C) In a May 22 meeting with the Ambassador, Deputy Prime
Minister Shaikh Mohammed bin Mubarak Al Khalifa strongly
criticized the protesters, saying that they are trying to
sabotage Bahrain's democratic and economic development.
"There is no one in prison now, so what are they
demonstrating about," he asked. Shaikh Mohammed said that
the United States should publicly criticize what the Shia

MANAMA 00000476 003 OF 003


youth are doing. He also advised that the U.S. should not
push too hard on democratic reform, adding that "We don't
want another Lebanon in Bahrain in the name of democracy."


10. (C) Al Wifaq MP Jassim Hussein told Pol/Econ Chief May
20 that Al Wifaq had been in contact with the highest levels
of government, including the King and Minister of Royal Court
Shaikh Khalid bin Ahmed Al Khalifa about the Mushaima legal
case since it started in February. Both sides had
intentionally avoided any publicity so as to retain their
ability to maneuver. Hussein said Al Wifaq had expected the
case to go to trial and, upon the conviction of the accused,
the King would pardon them. Al Wifaq was surprised that the
King had acted before the trial began, and Hussein termed the
King's decision "a smart move."

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Commentators Weigh In
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11. (U) Writing in Arabic daily Akhbar Al Khaleej May 20,
editor-in-chief Anwar Abdul Rahman praised Ali Salman for
acting as an intermediary in the legal case, and the King for
issuing the order to drop the case for the sake of national
unity. Abdul Rahman said that there is a silent majority
that cares about the stability of the country but that it
cannot be heard amid all the shouting and noises. Al Watan
columnist Sawsan Al Shaer writes May 24 that the law must be
applied against those who instigate violence in the villages.
She wonders why activists such as Mushaima do not "deter the
youth" from burning tires and attacking a police vehicle.
She argues that Mushaima uses laws when it suits his needs
but shows his disrespect for the legal system by not speaking
out against violence.


12. (U) Blogger Mahmood Al Yousif complained May 20 that the
Ministry of Interior was reverting to heavy-handed tactics
from an earlier era, thus negating all the hard work of
Minister Shaikh Rashid bin Abdullah Al Khalifa to promote
openness and tolerance. Al Yousif writes that security
forces are "essentially acting as a thug against any and all
public demonstrations, hiding behind a law that is directly
at odds with international human rights covenants that the
Kingdom has legally adopted. I hope it is not too late for
the Minister to take control of his Ministry again by
demonstrating the same civic spirit" as he had done earlier.

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Comment
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13. (C) After a period of a few months of relative calm in
Bahrain, small scale clashes between Shia youth and security
forces resumed, at least for a few days. The violence in
Bahrain comes and goes in cycles, and hardliners within the
Shia community will continue to push the envelope, seeing how
far they can go and seeking to provoke a harsh government
response. Complicating the picture on the Shia side is the
ongoing competition for the loyalty of the community between
Al Wifaq, which chose to join the political system, and the
Haq Movement, which remains an outside force. Similarly, on
the government side, there are those who support the King's
conciliatory gestures to the Shia, but many others are
critical and would prefer a more forceful crackdown. The
law-and-order supporters probably believe the King will run
out of patience with the Shia at some point, or that the
people around the King will convince him to act more
forcefully. How this plays out remains to be seen, and
likely depends to a great extent on Al Wifaq's success in
demonstrating that its decision to join the parliament is
bringing positive results to the Shia, and the ability or
willingness of the government to give Al Wifaq enough to
claim success.


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