US embassy cable - 04MANAMA1608

C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 001608 
 
SIPDIS 
 
STATE FOR NEA/ARPI 
 
E.O. 12958: DECL: 10/20/2014 
TAGS: PHUM, PGOV, ASEC, BA 
SUBJECT: HUMAN RIGHTS ACTIVIST PLEADS NOT GUILTY, 
ALTERCATION OUTSIDE COURTHOUSE 
 
REF: A. MANAMA 1503 
     B. MANAMA 1501 
     C. MANAMA 1482 
 
Classified by DCM Susan L. Ziadeh for reasons 1.4 (b) and (d). 
 
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Summary 
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1.  (C) Human rights activist Abdul Hadi Al Khawaja October 
16 pleaded not guilty to charges of inciting hatred against 
the regime and circulating false information about top 
officials.  During the opening session of his trial October 
20, Al Khawaja repeated his plea and asserted that at the 
September 24 symposium he had simply presented information 
demonstrating the prevalence of poverty in Bahrain and had 
held the government responsible for the situation.  Outside 
the courtroom, a small group of demonstrators pushed up 
against police lines, prompting the police to lob a tear gas 
canister into the crowd.  They disbursed rapidly and 
peacefully.  Despite the government extending an apparent 
olive branch to Nabil Rajab, one of Al Khawaja's chief 
supporters, Rajab refused to consider a compromise, 
apparently believing that public opinion is on his side and 
will force the government to seek a way out.  End Summary. 
 
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Plea of Not Guilty 
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2.  (U) At an initial hearing in court October 16, human 
rights activist Abdul Hadi Al Khawaja pleaded not guilty to 
charges of inciting hatred against the regime and circulating 
false information about top officials.  The hearing was 
delayed for about 90 minutes as some 200 supporters crowded 
the courthouse compound and courtroom and chanted slogans in 
support of Al Khawaja and against Prime Minister Khalifa. 
Police escorted Al Khawaja in front of the judge long enough 
for him to enter his plea and then quickly departed the area. 
 The judge refused a defense request to release the prisoner 
on his own recognizance, and scheduled the trial to begin on 
October 20.  Despite some jostling, there were no 
confrontations.  Following the 10-minute session, Al 
Khawaja's wife pleaded for his release. 
 
3.  (C) According to Nabil Rajab, president of the now-closed 
Bahrain Center for Human Rights, some altercations broke out 
between police and the approximately 50-200 supporters 
present at the court compound for the October 20 session, 
leading the police to launch one canister of tear gas into 
the crowd.  Rajab told Pol/Econ chief that security was very 
tight at the courthouse and only 20 supporters of Al Khawaja 
were permitted to enter the courtroom, including Rajab and 
Shaikh Ali Salman, who is president of the Shia opposition Al 
Wifaq political society. 
 
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Al Khawaja Asserts GOB Responsible for Poverty 
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4.  (C) Rajab reports that at the hearing, the judge again 
asked Al Khawaja to enter his plea, which he did.  The judge 
asked Al Khawaja about the character of his remarks at the 
September 24 symposium on poverty, the event that led to his 
arrest.  Al Khawaja replied that he had presented figures on 
income and unemployment and asserted that the GOB was 
responsible for the dismal economic prospects for the poor of 
the country.  Al Khawaja's lawyers argued that the charges 
were unconstitutional because the 2002 constitution protects 
freedom of speech.  The judge then called for a recess to 
consider the opening statements.  After about 45 minutes, and 
following the outbreak of altercations between the police and 
demonstrators outside the courthouse, the judge postponed the 
trial until Monday, October 25. 
 
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Pushing, Shoving, then Departure 
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5.  (C) Rajab told us that clashes broke out following the 
arrest of a protester outside the courthouse.  One 
particularly vocal demonstrator demanded to enter the 
courtroom.  The police told him he could enter but then 
arrested him and took him away.  Word of the arrest spread 
among the demonstrators and they began pushing against police 
lines.  The police lobbed a tear gas canister into the crowd, 
causing the crowd to disburse.  Rajab said that the gas 
seeped into the courtroom and spectators moved outside.  Ali 
Salman spoke to the demonstrators and told them that it was 
important for them and for Bahrain to express their views 
peacefully, and he urged them to go home, which they did. 
There were no injuries.  An Embassy security mobile patrol 
arrived on the scene minutes after the confrontation, and 
there was no sign of the crowd. 
 
6.  (C) When asked whether there might be some room for 
compromise between the government and Al Khawaja, Rajab said 
that Minister of State (and PM confidant) Abdul Nabi Al 
Shoala had invited Rajab to his home recently to discuss a 
deal.  He proposed that Rajab state publicly that Al Khawaja 
had made a mistake, and that Rajab call on the Prime Minister 
at his office.  Rajab refused, stating his concern that the 
PM or his staff would tell the media that Rajab had 
apologized, something he would not do.  Despite discussion 
about several possible options for compromise with the 
government, Rajab remained adamant that the government had to 
take the first step to defuse the situation. 
 
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Comment 
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7.  (C) Al Khawaja and Rajab remain stubbornly steadfast in 
their position, apparently believing public opinion is on 
their side and will play a role in getting the government to 
seek a way out.  But the GOB's ongoing prosecution of Al 
Khawaja's case seems to indicate that the PM does not intend 
to back down.  Although there appears to be ample room for 
common ground and compromise, both sides continue to paint 
themselves into corners, increasing the possibility that Al 
Khawaja will be convicted and remain in jail. 
 
MONROE