US embassy cable - 04MANAMA1914

C O N F I D E N T I A L MANAMA 001914 
 
SIPDIS 
 
E.O. 12958: DECL: 12/21/2014 
TAGS: PTER, ASEC, PREL, BA 
SUBJECT: CONSTITUTIONAL COURT ACCEPTS TERROR SUSPECT CASE 
 
REF: MANAMA 1834 
 
Classified By: Ambassador William T. Monroe.  Reason: 1.4 (B)(D) 
 
1. (C) As expected, Bahrain's Criminal Court decided on 
December 20 to temporarily suspend its hearing on the case 
against four terrorist suspects, pending a decision by 
Constitutional Court on the constitutionality of article 157 
of the penal code under which the four are charged.  The 
decision was a formality once the suspects' defense lawyers 
demonstrated to the Criminal Court judge that the 
Constitutional Court had accepted the case.  The head of the 
Constitutional Court told the Ambassador December 21 that he 
has five cases already on his docket, and he expects the case 
to be heard in the next two to three months.  In the 
meantime, the suspects remain under surveillance. 
 
2. (C) The Ambassador on December 20 discussed the 
constitutional case with the President of the Court of 
Cassation (Supreme Court) Shaikh Khalifa bin Rashid Al 
Khalifa, who said that the question of the constitutionality 
of the case is not frivolous.  He said that the courts in 
Cairo had considered a similar law in a criminal case, and 
viewed it unconstitutional, while in Kuwait the 
constitutionality of the law had been upheld.  Basically, he 
said, the law punishes people who are involved in the 
planning of a crime, whether or not they actual carry out the 
plan.  In purely criminal cases, he said, that can be 
problematic, especially in terms of the evidence.  He 
acknowledged that planning for a terrorist crime is something 
different, and is something that countries -- not just 
Bahrain -- are currently grappling with. 
MONROE