US embassy cable - 04KUWAIT3320

C O N F I D E N T I A L KUWAIT 003320 
 
SIPDIS 
 
STATE FOR NEA/ARP AND S/CT 
NSC FOR TOWNSEND 
 
E.O. 12958: DECL: 09/22/2014 
TAGS: PTER, PREL, KISL, KU 
SUBJECT: FAILAKA FOUR FREE ON BAIL 
 
REF: KUWAIT 02742 
 
Classified By: Ambassador Richard LeBaron for reason 1.4 (b) and (d) 
 
1. (U) News dailies reported September 21 that four of the 
suspects allegedly involved in the October 8, 2002 Failaka 
Island attack, Adnan Asad Al-Kandari, Abdullah Mohammed 
Al-Kandari, Yousef Ahmed Al-Kandari, and Ghazi Faisal 
Al-Tarrah, were released on KD 200 bail (approximately USD 
670) but remain under a court-ordered travel ban.  June press 
accounts reported that all three Al-Kandaris were acquitted 
of charges of involvement or support to the October 2002 
attack and that Al-Tarrah was fined KD 5,000 (approximately 
USD 17,000) for illegal possession of arms.  Nonetheless, 
they were redetained on September 13, following the Public 
Prosecution's appeal of the June verdict, and charged with 
collaborating with the two Failaka assailants Anas Al-Kandari 
and Jassem Al-Hajeri, both of whom were killed during the 
attack.  The four are scheduled to appear in court on October 
26. 
 
2. (C) Comment:  Post is inquiring through the MFA and other 
Kuwaiti contacts about the details of the GOK's case against 
the four men.  News dailies also report that many suspected 
jihadis, recently detained during the summer crackdowns, have 
been released on minimal bail or with nominal fines.  That a 
notably high number of jihadi suspects are out on 
conspicuously little bail gives many the impression that the 
Kuwaiti judicial system may be ill-equipped or unwilling to 
prosecute these suspects for their alleged crimes.  Post is 
currently working to discover what evidence will be presented 
in these cases. 
 
3. (C) Comment continued: Ambassador will raise these 
concerns with the Prime Minister, Foreign Minister, and 
Interior Minister in his initial calls on Kuwait's 
leadership.  During these calls, it will be stressed that 
Kuwait can do more in its efforts to aggressively pursue 
terrorists and that there is a growing perception of legal 
loopholes which hamper efforts to effectively prosecute 
terror suspects.  Post will convey the message that 
Washington is increasingly concerned about the evolving 
situation and will continue to press the GOK for more 
aggressive action against extremists.  The GOK will be urged 
to take preemptive legal and security-related steps to make 
it clear that Kuwait will not become a safehaven for militant 
activities.  Thus far, the GOK has followed a policy of 
accommodation with Islamists to retain the support of its 
important National Assembly constituency.  July arrests of 
terrorist facilitators (reftel) may be an indicator that the 
GOK recognizes the danger of this policy. 
LeBaron