US embassy cable - 04MANAMA1665

S E C R E T SECTION 01 OF 02 MANAMA 001665 
 
SIPDIS 
 
STATE FOR NEA/ARPI, S/CT, DS 
 
E.O. 12958: DECL: 11/02/2014 
TAGS: PTER, ASEC, PREL, BA 
SUBJECT: AMBASSADOR DELIVERS DEMARCHE ON U.S. CONCERNS OVER 
RELEASE OF TERROR SUSPECTS 
 
REF: A. STATE 234462 
     B. MANAMA 1657 
 
Classified by Ambassador William T. Monroe for reasons 1.4 
(b) and (d). 
 
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Summary 
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1.  (S) The Ambassador November 2 delivered Ref A demarche to 
Minister of State for Foreign Affairs Abdul Ghaffar and 
Minister of Industry (and confidant of the King) Fakhro.  He 
also spoke with Minister of Justice Al Arrayed and President 
of the Court of Cassation Shaikh Khalifa Al Khalifa.  Abdul 
Ghaffar expressed his surprise that the four terror suspects 
had been released, but noted that the GOB would conduct tight 
24-hour surveillance.  They might be released, "but they are 
not free," he said.  They will be back in court on December 
6.  Abdul Ghaffar said that the current situation was very 
different from that of last June, noting that the government 
had detained the suspects for almost four months, the police 
had conducted an investigation, and the suspects were now 
facing criminal charges in court.  Minister Fakhro told the 
Ambassador that the King had personally ordered 
round-the-clock surveillance, and added that the government 
would have liked nothing more than to keep the suspects in 
prison.  Minister Al Arrayed explained the nature of the 
criminal charges lodged against the four, and Shaikh Khalifa 
explained that one of the defense attorney's challenge of the 
charges on constitutional grounds held no water.  He admitted 
that the case against the suspects remained weak due to lack 
of evidence.  End Summary. 
 
2.  (S) The Ambassador November 2 delivered Ref A demarche on 
U.S. concerns over the release of the four terror suspects to 
Minister of State for Foreign Affairs Mohammed Abdul Ghaffar. 
 The Ambassador also conveyed our concerns that the judge's 
decision to release the defendants came without prior 
warning.  The release had surprised and shaken us.  As a 
result, the U.S. could lose confidence in Bahrain as a 
partner in the fight against terrorism. 
 
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24-Hour Surveillance 
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3.  (S) Abdul Ghaffar stated that he also was surprised that 
the judge released the suspects, but said it was the judge's 
decision alone, and not that of the GOB.  The judicial branch 
was independent in Bahrain and the government was not 
permitted to intervene.  He promised the security services 
would conduct tight 24-hour surveillance of the four, stating 
they "were released, but are not free." 
 
4.  (S) He noted that there were significant differences 
between this release and that of last June.  There is a court 
case under way, the suspects had been held in prison for 
three and a half months, the police had conducted a thorough 
investigation, and the defendants had been charged with 
violations of the penal code.  (Note:  Articles 155 and 157. 
End Note.)  They will return to court on December 6, the date 
of the next hearing.  Abdul Ghaffar said the government 
intends to win the case, and the four will "remain in jail 
for years." 
 
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Bahrain Committed to Working Closely with USG 
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5.  (S) Abdul Ghaffar stated that he had spoken with a 
Bahrain National Security Agency (BNSA) official before the 
meeting with the Ambassador, and the official had assured him 
that the BNSA had kept the USG informed at every stage of the 
investigation.  The USG had seen all the evidence against the 
four.  He emphasized that the GOB was committed to working 
closely with the U.S. against terrorism, and said that any 
possible future terrorist incident in Bahrain would first and 
foremost harm Bahrain's interests.  The GOB would not allow 
that to occur. 
 
6.  (S) The Ambassador reiterated our deep concern that the 
four were back on the street and stressed that surveillance 
must be thorough.  We were worried that the four might try to 
reestablish contact with their friends outside of Bahrain. 
Abdul Ghaffar agreed and assured the Ambassador that Bahrain 
would do all it could to stay on top of the four. 
 
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King Watching Closely 
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7.  (S) The Ambassador also delivered the demarche to 
Minister of Industry (and confidant to the King) Hassan 
Fakhro, stressing the importance of this issue to the U.S. 
and the possible negative ramifications if the case was not 
handled properly.   Fakhro said the government was well aware 
of the seriousness of the issue, and noted that the King had 
personally issued instructions ordering that the four 
released suspects be watched day and night.  The head of the 
BNSA had told him last night that the four had been followed 
from the moment they left the courthouse.  He said there is 
nothing the government would have liked better than to keep 
them in prison, but added the rule of law is also important 
to both the U.S. and Bahrain. 
 
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Charges of Damaging Public Property, Conspiracy 
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8.  (S) Separately, the Ambassador met with Minister of 
Justice Jawad Al Arrayed and President of the Court of 
Cassation (Supreme Court) Shaikh Khalifa bin Rashid Al 
Khalifa to express our concerns and to seek clarification on 
the status of the legal proceedings.  Minister Al Arrayed 
said that the four had been charged under two articles of the 
penal code: 155 and 157.  Article 155 calls, inter alia, for 
punishment of imprisonment for persons who intentionally 
vandalize public properties.  This would be used, he said, 
for the defendants, destruction of microphones in their 
jail.  "We are trying to find anything against them," he 
said.  Article 157 calls for imprisonment for persons who 
take part in an agreement which aims at committing one of the 
felonies listed in Article 155.  (Note:  This is the way the 
current penal code addresses the charge of conspiracy, which 
remains the core charge.  End Note.) 
 
9.  (S) The Ambassador asked about the December 6 court date. 
 Shaikh Khalifa said that on of the defense lawyers was 
seeking dismissal of the charges on the grounds that Article 
157 was unconstitutional, and this would be heard on December 
6.   He said that there were absolutely no grounds for this, 
and in fact the two other defense lawyers agreed.  It was 
possible that the defense lawyer could appeal a negative 
court decision, but Shaikh Khalifa was the ultimate point of 
appeal, and his position was clear.  Nonetheless, Shaikh 
Khalifa conceded, it was not certain that the case would 
actually go to trial on December 6, pending further appeal. 
 
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Evidentiary Case Remains Weak 
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10.  (S)  Shaikh Khalifa brought with him a four-inch thick 
folder of documents, including, he said, 450 pages of 
interrogations, to support the prosecution.  Nonetheless, he 
said, the case remains weak.  There is no confession, and no 
specific, concrete crime to ask about.   Minister Al Arrayed 
stressed that the government is concerned about the case at 
the highest level.  "They are our enemies as much as they are 
your enemies," he stated.  But it will be important to play 
the case just right.   He expressed confidence that the case 
was under control. 
 
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Comment 
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11.  (S) With the release of the four suspects, we should not 
lose sight of the fact that the government held the suspects 
for almost four months, conducted an investigation including 
interrogation of the suspects, and will pursue a legal case 
against them.  The defendants and their lawyers, 
nevertheless, are depicting the November 1 decision as a 
clear victory for them and are suggesting it portends 
confirmation of their innocence.  The government is telling 
us they will pursue the case to its proper conclusion while 
maintaining tight surveillance on the suspects.  Our task 
will be to impress upon the GOB at all levels the crucial 
importance of doing just that. 
 
MONROE