US embassy cable - 04MANAMA1834

C O N F I D E N T I A L MANAMA 001834 
 
SIPDIS 
 
E.O. 12958: DECL: 12/08/2014 
TAGS: PTER, ASEC, PREL, BA 
SUBJECT: TERROR SUSPECT CASE REFERRED TO CONSTITUTIONAL 
COURT 
 
 
Classified By: Ambassador William T. Monroe.  Reason: 1.4 (B)(D) 
 
1. (U) The High Criminal Court judge hearing the case of four 
Bahrain terrorist suspects adjourned their criminal trial for 
two weeks on December 6 to allow defense lawyers to test the 
constitutionality of the case with the Constitutional Court. 
The lawyers argued in court that the article under which the 
suspects are being tried (Article 157 - conspiracy to commit 
a crime) is unconstitutional.  The judge scheduled the next 
hearing for December 20.  If at that point the defense 
lawyers bring documentation that they have filed the case 
with the Constitutional Court, the judge said he will suspend 
the hearing in his court and wait for the result of the 
Constitutional Court. 
 
2. (SBU) Constitutional Court Secretary General Fathi Kemichi 
told the Ambassador he fully expected the Constitutional 
Court to accept the case.  How long it will take the 
Constitutional Court to consider the case is uncertain.  The 
court was established only recently, has heard only one case 
so far, and does not have a track record.  Kemichi said that 
it currently has five cases waiting to be heard.  He could 
not predict how quickly the court will get to this case, but 
indicated it could be a couple of months or more. 
 
3. (U) According to press reports, during the December 6 
hearing the defendants complained that there were being kept 
under heavy surveillance.  One of the defense lawyers asked 
the judge to stop this "harassment" of the defendants, which 
he said amounted to psychological pressure.  The judge 
declined to act, saying his authority is limited to the court 
and that he has no authority over what the security forces 
are doing. 
 
4. (U) Separately, one of the defense lawyers confirmed to us 
that the six-month sentence for one of the defendants, Yassir 
Kemal, who was convicted for fleeing the courthouse during a 
hearing in November, began from the time of his sentencing in 
mid-November.  He thus should remain in prison until May for 
this offense. 
 
4. (C) Comment: While it is disappointing that the case has 
not yet proceeded to trial, it was no surprise that it moved 
on to the Constitutional Court.  At a time when Bahraini 
leadership has been signaling their concern about the lack of 
evidence and the need to adhere to the rule of law, 
transferring the case to the Constitutional Court at least 
has the effect of dragging out the period during which the 
cloud of legal proceedings -- and surveillance -- hangs over 
the head of the defendants.  And perhaps the worst of the 
group, Yassir Kemal, will remain in jail for at last another 
five months. 
MONROE