US embassy cable - 04MANAMA1643

S E C R E T SECTION 01 OF 04 MANAMA 001643 
 
SIPDIS 
 
STATE FOR NEA/ARPI, S/CT, DS 
 
E.O. 12958: DECL: 09/26/2014 
TAGS: PTER, ASEC, PGOV, BA 
SUBJECT: BAHRAIN'S DRAFT COUNTER-TERRORISM LAW 
 
REF: MANAMA 1365 
 
Classified by DCM Susan L. Ziadeh for reasons 1.4 (b) and (d). 
 
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Draft CT Law To Go To Parliament 
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1.  (S) Minister of Cabinet Affairs Mohammed bin Ibrahim Al 
Mutawwa gave Ambassador a copy (in Arabic) of the draft 
counter-terrorism (CT) law and a clarifying memorandum 
explaining the draft (reftel).  Mutawwa stated that the 
Cabinet had approved the draft and would soon forward the law 
to parliament for consideration.  He said that the GOB had 
still not decided whether to present the CT law as a 
stand-alone bill or as an amendment to the existing penal 
code.  The draft as given to us is written as an amendment to 
the penal code, but the substance of the law would remain the 
same regardless of the vehicle chosen for adoption. 
 
2.  (S) What follows is post's analysis of the clarifying 
memo of the draft law, based upon an informal Embassy 
translation.  Due to its length and complexity, we have not 
reviewed the law itself in any detail.  We anticipate 
Department will undertake formal translation of the draft law 
and the clarifying memo. 
 
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Cover Conspiracy, Toughen Penalties 
----------------------------------- 
 
3.  (S) The draft law would broaden the definition of 
conspiracy and strengthen the penalties for conspiracy to 
commit terrorist acts.  Though the clarifying memo (full text 
of informal Embassy translation in paragraph 8) does not 
spell out the maximum sentence for conspiracy to commit 
terrorist acts, the draft law (pouched to NEA/ARPI, along 
with clarifying memo) designates the death penalty, among 
other options.  The conspiracy articles in the existing penal 
code were intended to address conspiracy to commit crimes and 
have a maximum penalty of three years in prison. 
 
4.  (S) According to the clarifying memo, the draft law is 
intended to confront the threat resulting from the emergence 
of international terrorism.  With respect to the existing 
penal law, the draft will:  (1) define terrorism; (2) 
criminalize some acts and impose strong punishments; (3) 
strengthen punishment for criminal acts already covered in 
Bahraini law; (4) limit the discretionary authority of 
judges; and (5) criminalize participation in a conspiracy to 
commit a terrorist act.  The draft also mandates 
modifications in the criminal procedures law. 
 
5.  (S) The draft law directly addresses our concerns about 
the existing penal code.  It specifically criminalizes 
conspiracy to commit terrorist acts and establishes stringent 
punishments.  The preamble of the clarifying memorandum 
speaks about terrorism in a way that distinguishes it from 
more ordinary criminal acts, as a threat to the security of 
an entire society. 
 
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Broad Definition of Terrorism 
----------------------------- 
 
6.  (S) The definition of terrorism, as written in the 
clarifying memo, seems to be quite broad.  It reads, 
terrorism is "every method used by a perpetrator, singly or 
in a group, to accomplish an act whose purpose is to obstruct 
laws and regulations, disturb peace, cause harm to state and 
the security of the Kingdom, or affecting the national unity 
or world security, by means of force of violence or 
instilling terror, or threatening individuals or threatening 
their public safety, or causing damage to the environment or 
public health or the national economy or public institutions 
or causing damage to public or private property."  The 
clarifying memo continues that this definition of terrorism 
is consistent with the definition found in the French, 
Egyptian, Moroccan, and Jordanian penal laws, the Arab 
agreement to combat terrorism, the GCC agreement to combat 
terrorism, and the agreement of the Organization of the 
Islamic Conference to combat international terrorism. 
 
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Detention of Suspects 
--------------------- 
 
7.  (S) Regarding the GOB's ability to hold suspects, the 
clarifying memo states that suspects can be detained for two 
days following arrest, and an additional seven days with the 
permission of the attorney general.  The AG then has three 
days to decide whether to seek court permission to continue 
to hold the suspect.  Thus the government can hold the 
suspect for up to 12 days without specific permission from 
the court.  Though not explicitly stated in the clarifying 
memo, we expect the court to have the right to authorize 
detention for up to six months, in renewable 45-day 
increments.  This then would bring the detention system for 
terrorism cases into line with the existing system for 
criminal cases.  Currently, for cases deemed threatening to 
the state, the system informally moves directly to the 45-day 
detention period.  The law would regularize the process and 
require the government to review its case at fixed intervals. 
 
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Text of Clarifying Memo 
----------------------- 
 
8.  (S) Begin text of Embassy informal translation of 
clarifying memorandum for the counter-terrorism draft law: 
 
In the Name of God the Compassionate the Merciful 
Clarifying Memorandum 
Regarding proposed modifications of some of the judgments of 
the Penal Law that was issued by the decree of Law Number 
(15) of 1976 
and the Criminal Procedures Law that was issued by the decree 
of Law Number (46) of 2002 
 
Bahrain has remained - and God willing will remain - over the 
course of its long history a safe and stable place, and an 
example of national unity.  The picture of crime in Bahrain 
did not differ from crime in any other country, and the 
current Penal Law that was issued in 1976, and the various 
modifications to that law, was sufficient to confront crime. 
 
In recent years a new crime scenario has emerged in Bahrain 
that was not previously known to the Bahraini or 
international communities.  This crime scenario utilizes 
violence or threats or terror, and has dangerous goals, 
foremost among them is the destruction of public order, and 
it threatens the peace and security of citizens and society. 
As well, this new crime scenario has been perpetrated either 
by groups or individuals, and the attacks have changed from 
attacks against individual citizens to attacks against means 
of transportation, the environment, resistance to authority, 
or impeding the constitution or laws. 
 
And when these acts represent a threat to the security of 
society, it becomes necessary to confront these acts and 
prevent their destructive outcomes.  The Kingdom ratified a 
number of international and regional and Gulf agreements to 
combat terrorism and stop its means of support, recognizing 
the threats posed by terrorism in its many forms. 
 
But despite the ratification of the international agreements, 
and taking the measures required by the constitution, it 
places it in the level of laws that must be implemented. 
Penal legislation is society's tool to confront criminal 
behavior.  And for this reason, the government prepared the 
law proposed to the Shura Council and the Representatives to 
confront this new type of criminal current. 
 
Lawmakers in many of the countries that faced these acts 
modified their criminal procedural law and penal law, among 
them French law of 1994, Egyptian law of 1992, Moroccan law 
of 2003 and Jordanian law. 
 
And following this direction, the proposed law was prepared 
by modifying the penal law that was decreed by Law (15) of 
1976 and the Criminal Procedures Law decreed by Law (46) of 
2002 as submitted to the Councils to avoid duplicating 
legislation. 
 
First:  with respect to modifications of the penal law: 
 
1.  Specifying the definition of terrorism: 
The proposed law struggled to specify the definition of 
terrorism and to clarify what is meant by it.  It mentioned 
that it is every method used by a perpetrator, singly or in a 
group, to accomplish an act whose purpose is to obstruct laws 
and regulations, disturb peace, cause harm to state and the 
security of the Kingdom, or affecting the national unity or 
world security, by means of force of violence or instilling 
terror, or threatening individuals or threatening their 
public safety, or causing damage to the environment or public 
health or the national economy or public institutions or 
causing damage to public or private property. 
 
The above definition of terrorism is consistent with the 
definition found in the laws and agreements relating to this 
issue, such as the French penal law, and Egyptian penal law, 
and Moroccan penal law, and Jordanian law, and the Arab 
agreement to combat terrorism, and the GCC agreement to 
combat terrorism, and the agreement of the Organization of 
the Islamic Conference to combat international terrorism. 
2.  The criminalization of some acts and the imposition of 
stronger punishments: 
 
a.  The proposed law criminalizes the creation of formation 
or organization or management or leadership of any 
association or organization or group whose purpose is to call 
by any means for the obstruction of laws or public order or 
the prevention of any of the government's organizations or 
any public organization of conducting its business, or 
interference in the personal freedoms of citizens or the 
public's rights as provided by the constitution or law, if 
terrorism is among the means used to establish this purpose. 
 
The proposed law also punishes all who supplied weapons or 
ammunition or explosives or equipment or information, or 
arranged a place or homes or any type of safe haven, or hid 
any things or money or weapons that might be used in these 
acts, or who gathered or gave or designated or received or 
used any property or money for these purposes or gave them to 
someone affiliated with this purpose, or who assisted in any 
banking or financial or trade action or who gave terrorists 
any financial assistance. 
 
As well, the proposed law also punishes any one who is a 
member of these organizations or who assisted them in any 
way, and any one who publicizes - either verbally or in 
writing - the purposes and principles that terrorists call 
for, and any one who uses terrorism to force a person to join 
the organization or who prevents a person from leaving the 
organization. 
 
And the proposed law gave authority to the courts if the 
crime has been committed for terrorist purposes on behalf of 
an entity by its members or representatives, that the entity 
can be dissolved, or closed either permanently or 
temporarily, or deprived either permanently or temporarily 
from participating in public bids, or fined, and the 
confiscation of money and property and equipment, etc., that 
might have been used in the commission of the crime, or for 
the preparation of the crime. 
 
b.  The proposed law criminalizes the seeking of, or 
communication with, any organization or association which 
might be located outside the country for the purpose of 
conducting a terrorist act against the Kingdom of Bahrain or 
the interests of any foreign country inside the Kingdom, or 
against the properties or interests of the Kingdom outside 
Bahrain. 
 
And the proposed law criminalizes the joining of any 
association or group - whatever its name may be - that might 
be located outside the country, and whose purpose is 
terrorism or military training as a means of achieving its 
purposes, if its actions are not directed to the Kingdom of 
Bahrain. 
 
The proposed law also criminalizes weapons and explosives 
training for terrorism purposes. 
 
c.  The proposed law cited some important terrorist crime 
examples and placed deterrent punishments on them. 
 
Among the most significant of these crimes - the hijacking of 
air, ground, or maritime transportation means, and the 
exposing of these transportation means, or those who use 
them, to danger, and the kidnapping of their passengers, or 
the resistance to public authorities as they conduct their 
duties, etc. 
 
The introduction of a dangerous substance to the country or 
the placement of such a substance in the ground or in the 
water, or its spread by air, if the purpose behind this 
introduction is a terrorist act and the substance endangers 
the health and well-being of humans or animals or the 
environment. 
 
3.  Strengthening punishment on existing criminal acts in 
Bahrain law: 
 
The proposed law strengthened the punishments of some 
criminal acts already existing under the Bahrain penal law, 
as the practical reality has proven that the existing 
punishments for these acts do not deter/prevent their 
occurrence in light of the changes to which society has been 
exposed.  Among these acts are crimes associated with 
religions, and crimes outlined in the second clause, fourth 
section, if these crimes are associated with a terrorism 
purpose, and the crime of failing to inform the general 
authorities of the occurrence of a crime if this crime is 
associated with a terrorism purpose, and the crime of making 
a false report if this crime is associated with a terrorism 
purpose. 
The proposed law doubled the maximum fines required under 
subclauses 178, 179, 180, 182, and 184, to where the minimum 
fine is Bahraini Dinars 100, because the fines that are under 
the subclauses are too ineffective in preventing the crimes 
given the prevailing circumstances. 
As well, if any crime - for which there is no specific 
punishment under the penal law -  is committed for terrorism 
purposes, "extenuating circumstances" would apply when 
considering the punishment. 
 
4.  Limiting the discretionary authority of judges: 
 
Considering the severity of terrorism crimes, the proposed 
law has limited the judge's authority of using article 72 of 
the penal law.  Article 72 would not apply at the sentencing 
of terrorism crimes unless the punishment is death or life in 
prison.  In those instances, the punishment can be lessened 
by one factor; i.e., the judge can consider life in prison 
instead of death, or can sentence a person to 15 years 
instead of life in prison. 
 
5.  Participation in a crime: 
 
The proposed law has decided to sentence those associated 
with criminal agreement or conspiracy to commit a crime, if 
the crime is terrorist in nature, and even if the crime was 
not committed, given the danger of terrorism acts. 
 
Second:  With respect to modifications in the criminal 
procedures law: 
 
1.  Given the severity of terrorism crimes, rulings issued 
against these crimes will not be rescinded (i.e., if an 
individual is wanted/convicted of a terrorism-related crime, 
the person will remain wanted for the crime until sentence is 
served.) 
 
2.  And if the terrorism crime involved more than one person, 
or a group, it will require more time of the investigating 
authorities for investigations and collection of evidence, 
and arresting suspects, and searches.  If sufficient evidence 
is available to arrest an individual for such a crime, or if 
one is caught in the act, the proposed law grants the 
arresting authority power to arrest the individual.  Within 
48 hours at the most, the arresting officer can then ask the 
attorney general for an extension not to exceed seven days. 
And the arresting/investigating officer must take a statement 
from the accused.  If there is no evidence to suggest the 
individual's innocence before the end of the seven days, the 
arresting/investigating officer then sends the accused to 
attorney general.  It is up to the attorney general to 
question the accused within three days and then order his 
arrest or his release. 
 
3.  And if the investigation in these crimes may be lengthy 
given their complication and involvement, and it might exceed 
the initial period of arrest of the attorney general, the 
proposed law then authorizes seeking the lower court 
authority.  The proposed law allows the attorney general to 
investigate and push the case forward and not to be limited 
by the constraints of this law. 
 
4.  As terrorist organizations rely in their activities on 
sending messages and money that may come from outside the 
country, and the public authorities may not determine the 
truth at the appropriate time, and the monitoring of accounts 
and deposits of the accused or those who might be or become 
under suspicion, the proposed law authorizes the attorney 
general to order the confiscation of the messages (in various 
forms), and the monitoring of communication in various forms, 
and the recording of activities in public and private venues, 
if there is value to uncovering the truth, and for a period 
not to exceed 90 days.  This period can not be extended 
except by order of the specialized court.  The attorney 
general is also authorized to check or acquire any 
information that might be associated with these accounts if 
this will lead to uncovering the truth of the crimes. 
 
5.  To protect the investigators, and to prevent terrorists 
from learning the source of the information, and to prevent 
useful information from becoming known to the public and 
especially the terrorists before the investigation is 
complete, the proposed law provides that the information 
presented by the security forces to extend the period of the 
arrest remain secret with the attorney general, and not be 
presented publicly. 
 
End Text. 
 
MONROE