KUWAITI COURT CONVICTS/SENTENCES IMAM AND OTHERS

S E C R E T KUWAIT 001169 NOFORN SIPDIS NEA/ARP, NEA/RA, S/CT E.O. 12958: DECL: 12/14/2019 TAGS: PTER PREL PGOV PINR KTFN KU SUBJECT: KUWAITI COURT CONVICTS/SENTENCES IMAM AND OTHERS ON TERRORISM CHARGES REF: A. TD-314/082601-09 ¶B. KUWAIT 1017 Classified By: Political Counselor Pete O'Donohue for reasons 1.4 b and d Convictions and Sentences -------------- ¶1. (S/NF) Kuwait State Security (KSS) officers confirmed to GRPO officers that a Kuwaiti Criminal Court convicted on December 6 Kuwaiti national and local imam, Nasser Al-Otaibi (AKA Nasir Ali Sunaytan Khadran Ajab Al-Utaybi, AKA Shaykh Nasir, AKA Abu Ali) of "facilitating a hostile act against foreign countries" (Pakistan, Afghanistan, Iraq) and sentenced him to seven years in prison (ref A). Abdullah Nafi' Hudaib Al-Otaibi (AKA Salah Al-Din) and Homoud Dalmuk Mohammed Falih Al-Hajiri were also convicted on terrorism-related charges in the same trial -- performing a hostile act against a foreign country (Pakistan),and training on weapons to achieve an illegal purpose -- and sentenced to four years imprisonment each. Saudi national Abdullah Salim Abdullah Al-Qahtani was found guilty of lesser charges, and was released after paying a 1,000 KD fine (USD 3,500) and signing a pledge of good conduct. Acquittals -------------- ¶2. (S/NF) Also tried on similar charges, but acquitted, were Ayid Mid'ij Awadh Al-Shalahi, Mohammed Turki Sa'ud Al-Mutayri, Abd Al-Aziz Sayir 'Uwaayinn Al-Shammari and Ajran Faisal Sa'ad Al-Subai'i. (Note: KSS asserted to GRPO that these four were guilty, but attributed their acquittals to a lack of solid documentary proof of their support for terrorism. End note.) KSS Satisfied with Outcome -------------- ¶3. (S/NF) KSS officers conveyed to GRPO officers December 10 their satisfaction with the outcome of the trial and indicated that they intend to continue to question the two Al-Otaibis and Al-Hajiri -- currently incarcerated pending the outcome of appeals -- as necessary. KSS also relayed their belief that Nasser Al-Otaibi despite a likely appeal of his sentence, would serve the full seven-year sentence. Comment: -------------- ¶4. (S/NF) The June arrest and subsequent sentencing of Nasser Al-Otaibi -- a well-connected Kuwaiti AQ facilitator (ref B) -- is a welcome development in Kuwaiti CT efforts. The more aggressive stance taken over the past year by KSS -- buttressed by growing GoK will to counter extremism -- has yielded a number of arrests and prosecutions. With the present sentence of Al-Otaibi and the February verdict against Mohammed Al-Ali (AKA Jawad) (ref B),the GoK has sentenced two of Kuwait's most notorious terrorism facilitators to seven years each, the stiffest terrorism-related penalties possible under Kuwaiti law. While the acquittals in the Al-Otaibi case highlight the continued frustrating limitations of Kuwait's counter-terrorism laws, the lengthy sentence for the imam demonstrates the GoK is nonetheless prepared to punish such offenses to the fullest extent possible. End comment. ********************************************* ********* For more reporting from Embassy Kuwait, visit: visit Kuwait's Classified Website at: http://www.intelink.sgov.gov/wiki/Portal:Kuwa it ********************************************* ********* JONES