US embassy cable - 04MANAMA638

C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 000638 
 
SIPDIS 
 
DEPARTMENT FOR NEA/ARP AND DRL/PHD 
CAIRO FOR STEVE BONDY 
LONDON FOR ETHAN GOLDRICH 
 
E.O. 12958: DECL: 05/04/2029 
TAGS: PHUM, PGOV, BA 
SUBJECT: GOB ARRESTS 14 YOUTHS GATHERING SIGNATURES FOR A 
PETITION 
 
REF: MANAMA 237 
 
Classified By: Charge d'Affaires Robert S. Ford for 
reasons 1.4 (b) and (d) 
 
1.  (C)  SUMMARY.  Once again, the GOB appears to have 
responded to hardline opposition political pressure with its 
usual heavy-handed measures.  In charging the 14 youths with 
"crimes against the internal security of the state," the GOB 
has drawn a legal line in the sand on opposition behavior. 
The GOB is arguing that the petition, which requests 
amendments to the constitution to increase democratic 
representation in the legislature, is illegal because the 
2002 constitution specifies that amendments must go through 
Parliament and the King.  The 2002 constitution states that 
the King may propose constitutional amendments to the 
National Assembly.  If past practice prevails, the GOB will 
soon release the youths after they pay a fine.  END SUMMARY. 
 
2.  (C)  On April 30 police arrested 14 youths for 
distributing pamphlets and collecting signatures for the 
opposition's petition to the King calling for constitutional 
reform.  Public Prosecutor Shaikh Abdul Rahman bin Jaber 
Al-Khalifa ordered the youths' detention for 45-days because 
"the evidence against the accused was overwhelming."  He 
charged the teenagers under Articles 160, 165, 166, and 169 
of the 1976 Penal Code, all of which pertain to "crimes 
against the internal security of the state."  Article 166 
carries a sentence of life imprisonment.  Human Rights 
Activist and Al-Wifaq member Adel Al-Abassi told PolOff on 
May 3 that the police initially denied the teenagers access 
to lawyers.  President of Bahrain Centre for Human Rights 
(BCHR) Nabeel Rajab told PolOff on May 3 that BCHR formed a 
committee to appeal for the release of the detainees.  The 
families staged a peaceful vigil at the jail on May 3.  BCHR 
member Janan Al-Shaikh told PolOff on May 4 that the families 
plan to hold another peaceful vigil at the Prosecutor's 
Office on May 5.  Youth Forum and Al-Wifaq member Sami Maliky 
told PolOff on May 4 that the police have detained Al-Wifaq 
member Mohammed Yousif for soliciting signatures at work. 
 
 
------------------------ 
CASE FOR THE PROSECUTION 
------------------------ 
 
3.  (U) "Al Ayam" reported on May 4 that the GOB claimed the 
opposition societies acted illegally on several counts. The 
Public Prosecutor charged that the opposition parties acted 
illegally by not limiting signatures to society members and 
that the opposition societies may have used coercive wording 
in pamphlets soliciting signatures.  Both Muharraq Family 
Society member Yousif Bu Zaboon and President of Al Tajamo 
Democratic Society Abdulla Hashim received phone threats 
after refusing to allow signature gatherers use their 
property to promote the signing of the petition.  Akbar 
Al-Khaleej reported on May 3 that many elderly and illiterate 
citizens were taken without their knowledge or permission to 
some of the centers to sign without knowing the actual 
content of the petition.  The Minister of the Royal Court 
Shaikh Khalid bin Ahmed Al-Khalifa claimed in a Gulf News 
article that the opposition's campaign to collect signatures 
on a petition seeking constitutional change is "illegal" 
because only the King and the National Assembly can call for 
constitutional change. 
 
----------------- 
BREAKING THE LAW? 
----------------- 
 
4.  (C)  In answer to the GOB's claims that the opposition 
societies acted illegally, Adel Al-Abassi explained to PolOff 
on May 4 that the petition campaign was called "Sign to 
Sign."  If a person wanted to sign the petition, s/he had to 
sign a membership application before signing the petition. 
Al-Abassi explained that coercive language was not used in 
the pamphlets.  The English translation of the text was 
incorrect.  "If you do not sign you will pay for it in your 
child's blood" is an Arabic proverb for "If you do not act 
now to change the situation, your future generations will 
suffer."  Nizar Al Qari reported on May 4 that Abdulla Hashim 
told him that the phone threats were not related to refusing 
to open his Majlis to the petitioners.  BCHR leader Abdulhadi 
al-Khawaja told PolFSN on May 3 that the 2002 Constitution 
guarantees the right to petition. 
 
------------------------------ 
PUNISHMENT BEFITTING THE CRIME 
------------------------------ 
5.  (C).  The Minister of Industry and royal democracy 
advisor Hassan Fakhro told Charge on May 4 that the GOB 
believes that the opposition parties acted illegally and is 
tired of being deceived by them.  Fakhro asserted that the 
opposition is notorious for claiming to organize peaceful 
marches that turn violent and to schedule seminars on topics 
different than actually presented.  The GOB is taking this 
opportunity to make examples of the youths to reestablish law 
and order.  The Charge told Minister Fakhro that he 
understood the need to enforce Bahraini law.  However, Charge 
cautioned that a life imprisonment sentence for petitioning 
the GOB would tarnish Bahrain's reputation.  The Minister of 
Industry doubted that the GOB would impose such severe 
sentences. 
 
6.  (C)  COMMENT:  The opposition parties continue to provoke 
the government over the constitution. The King, who has 
repeatedly expressed his willingness to entertain 
constitutional changes that go through constitutional 
channels, appears to have lost patience with the opposition's 
pressure.  The GOB has responded in a heavy-handed fashion 
that is likely to hurt Bahrain's image. It may also have 
opened itself to court challenges regarding the legality and 
constitutionality of these arrests.  We will see if the 
defense attorneys exploit the opportunity.  As for the young 
men, Post expects that the teenagers will not face anything 
more serious than 45 days in jail and fines, if the 
government follows past practices.  END COMMENT. 
FORD