US embassy cable - 04MANAMA859

S E C R E T SECTION 01 OF 03 MANAMA 000859 
 
SIPDIS 
 
NOFORN 
 
DEPT FOR INL/C, S/CT, NEA/ARP, NEA/PI, AND DS/IP/NEA 
DEPT PASS NSC FOR NICK RASMUSSEN 
JUSTICE FOR SENIOR COUNSEL JIM REYNOLDS 
CAIRO FOR STEVE BONDY 
 
E.O. 12958: DECL: 05/31/2014 
TAGS: PTER, KJUS, ASEC, KMPI, OEXC, BA 
SUBJECT: REQUEST FOR INL FUNDING OF OPDAT PROGRAM FOR 
BAHRAIN 
 
REF: A. MANAMA 802 
 
     B. MANAMA 696 
 
Classified By: Ambassador Ronald E. Neumann for reason 1.4(d). 
 
1.(U) This is an Action Message.  Please refer to Para 10. 
 
2.(S/NF) Embassy Emergency Action Committee reviewed refs A 
and B in light of recent developments in Saudi Arabia and 
existing threats in Bahrain.  While the Embassy will maintain 
diplomatic pressure on the GOB to address our security 
concerns related to Bahraini Sunni extremists affiliated with 
Al-Qaida, we believe ref A visit provided a separate, 
bureaucratic avenue to build a stronger GOB capacity to deal 
with domestic terrorism threats.  Ref A made clear the lack 
of consensus among Bahraini legal system actors regarding the 
application of existing Bahraini laws criminalizing inchoate 
crime as well as considerable ignorance about the importance 
of stopping terrorists in the planning stages.  Ref A also 
highlighted that Bahrain's legal system is in the midst of a 
major overhaul.  Nearly all of the GOB's prosecutors are 
newly hired and could benefit from training on counter 
terrorism, terrorism-related investigations, detention, and 
prosecution.  The Justice Minister stated that he would 
support training for prosecutors on inchoate crime and 
criminal investigation techniques, but he would insist on 
playing a major role in the development and management of the 
training program. 
 
3.(SBU) At the end of ref A visit, Department of Justice 
attorneys Reynolds and Schwendiman reviewed options for 
addressing Bahraini legal actors' need and desire for 
training with EMBOFFS.  The discussion identified three areas 
of need when it comes to Bahrain's criminal justice capacity 
for handling terrorism and terrorism related investigations, 
detention, and prosecutions: 
 
(a) education and skills training regarding inchoate crimes, 
i.e., conspiracy ("agreement"), solicitation, attempt; 
 
(b) getting maximum benefit out of the use of the twelve 
international terrorism conventions and the chemical and 
biological weapon conventions through their full adoption, 
proper legislative implementation and by educating and 
developing the skills of those who ought to be using them so 
they can be effective using them; and, 
 
(c) general legal education and practical skills development 
(e.g., evidence, standards of proof, burdens of proof, 
conducting investigations, managing investigations, making 
charging decisions, marshaling evidence for use in presenting 
criminal cases that meet international standards, effectively 
using detention within international human rights limits, 
courtroom practice, etc.) for newly selected Public 
Prosecutors. 
 
4.(U) Post proposes an early academic exchange in Bahrain at 
the University of Bahrain College of Law on the subject of 
inchoate crime and criminal law practice generally.  We 
recommend that two professors from the S.J. Quinney College 
of Law of the University of Utah travel to Bahrain, a U.S. 
District Court Judge, and a Department of Justice lawyer 
engage in seminars with the faculty and students at the UOB 
College of Law.  The people recently selected as judges and 
Public Prosecutors should be enlisted to attend the seminars. 
 The seminars should be true exchanges, not lectures or 
instruction, so that they are an opportunity for our people 
to learn more detail, through discussion and observation, 
about the Bahraini system and about the state of Bahraini 
practice regarding inchoate crime and criminal law practice 
in Bahrain.  Such a visit would  be an opportunity to 
establish relationships with academics and practitioners that 
can be used to help develop a resident program for Bahraini 
visitors that is an important feature of the overall program 
for meeting the needs we have identified. 
 
5.(U) S.J. Quinney College of Law Professors Erika Luna and 
Wayne McCormack have indicated to Assistant Attorney 
Schwendiman their willingness to travel to Bahrain as early 
as this summer to conduct a seminar.    Professor Luna and 
Professor McCormack are recognized criminal law scholars with 
reputations as stellar teachers.  They have extensive 
knowledge of comparative criminal law and constitutional law 
including knowledge of laws in Arab and Islamic states.  If 
funding could be obligated for a summer program, we would 
approach the University of Bahrain to host the program.(NOTE: 
 Markus Zimmer, Clerk of the District Court of Utah and 
Assistant U.S. Attorney Schwendiman of the U.S. Attorney's 
Office for the District of Utah now have extensive knowledge 
of Bahrain's legal system and actors.  Both have solid 
connections with the faculty of the S.J. Quinney College of 
Law.  END NOTE) 
 
6.(U) The Embassy recommends that we follow the academic 
exchange with a four-week resident program in the United 
States for ten Bahrainis (2 Public Prosecutors, 2 UOB law 
professors, 2 judges, 2 court administrators, and 2 defense 
attorneys) who have English language skills that are good 
enough to permit them to participate in the discussions and 
programs with ease without the need for translation.  It 
makes sense to us that the resident program should be hosted 
by the U.S. Attorney's Office of the District of Utah.  We 
are confident that the University of Utah would support the 
concept, as would judges in the United States District Court 
for the District of Utah and resident judges for the Tenth 
Circuit Court of Appeals. (NOTE: U.S. District Judge Paul 
Cassell is a recognized crimnal and consitutional law scholar 
who argued cases before the United States Supreme Court 
before becoming a federal judge and who continues to teach at 
the S.J. Quinney College of Law.  Bahrain's Minister of 
Justice knows Judge Cassel.  U.S. Appeals Court Justice Mike 
McConnell is also a highly respected, published, 
constitutional law scholar.  He has also argued numerous 
cases before the United States Supreme Court before taking 
the bench and also continues to teach.  END NOTE).  The 
resident program would combine academic work at the 
University of Utah with practical instruction and actual 
practice woven together at the United States Attorneys Office 
in Salt Lake City and at the United States District Court in 
Salt Lake City.  We also recommend that the participants 
return to Bahrain via Washington, DC.  This would provide an 
opportunity for meetings with appropriate senior USG 
officials of the executive and judicial branches. 
7.(U) The objectives of the resident program in the United 
States should be to increase the visitors' awareness of the 
law and practical issues in the areas we have identified as 
needs.  The program should help the visitors become better at 
identifying and managing issues in theory and practice.  It 
should also provide selected skills training, that is, give 
the visitors a chance under controlled and non-threatening 
circumstances to observe and practice the skills that make 
for an effective criminal justice system.  In particular we 
want them to learn to use the features of the international 
terrorism conventions, standard concepts for fighting 
inchoate crime as it applies to counter terrorism 
investigations and prosecutions.  Done properly, the resident 
program will produce Bahraini professionals, including 
academics, who can use their experience when they return to 
Bahrain to teach and instruct others. 
 
8.(U) The resident program should be followed by a regular 
schedule of academic and professional exchanges conducted in 
Bahrain and in the United States aimed at maintaining the 
relationships that are formed through the first academic 
exchange and the resident program. 
 
9.(U) Phase I Cost Estimate 
 
Business Class Travel for four from Salt Lake City to Bahrain 
to Salt Lake City -- USD 37,768 
 
Per Diem in Bahrain for four for 8 days - USD 8480 
 
Materials Preparation - USD 5000 
 
Incidental Expenses - USD 1000 
 
Phase I Subtotal - USD 52,248 
 
Phase II Cost Estimate 
 
Tourist Class Travel for 10 Bahrainis from Bahrain - Salt 
Lake City - Washington, DC - Bahrain -- USD 18,980 
 
Per Diem for 10 Bahrainis to stay in Salt Lake City for 4 
weeks - 
USD 33,320 
 
Conference Coordination - USD 4000 
 
Materials - USD 5000 
 
Facility Rental - USD 1000 
 
Phase II Subtotal - USD 62,300 
 
Project Total - USD 114,548 
 
Post believes that the GOB might be persuaded to bear some of 
the financial burden for Phase II.  We would be willing to 
approach the Justice Ministry to provide perdiem for 
participants while INL funding would pay for the air fare. 
 
10.(U) ACTION REQUEST:  The details of this training/exchange 
plan were prepared by Assistant U.S. Attorney David 
Schwendiman after his April visit to Bahrain with Justice 
Department Special Counsel Jim Reynolds. Post would be happy 
to forward the complete project proposal by e-mail to the 
appropriate INL action officer.  The Embassy requests that 
INL fund Phases I and II of this program.  END ACTION REQUEST. 
NEUMANN