US embassy cable - 05KUWAIT1908

C O N F I D E N T I A L KUWAIT 001908 
 
SIPDIS 
 
STATE FOR NEA/ARPI 
 
E.O. 12958: DECL: 05/09/2015 
TAGS: PGOV, KISL, PTER, KJUS, KU, ISLAMISTS, TERRORISM 
SUBJECT: KUWAITI COURT SENTENCES VIOLENT JIHADISTS TO JAIL 
TERMS; SOME JIHADIS STILL WANTED 
 
REF: A. KUWAIT 1308 
     B. 04 KUWAIT 2742 
 
Classified By: Ambassador Richard LeBaron for reasons 1.4 (d). 
 
1. (U) Twenty Islamic extremists, including 18 Kuwaitis, were 
sentenced by the Criminal Court on May 8 in two separate 
cases for entering Iraq to fight U.S.-led forces, or 
providing training to others to fight there.  Four others, 
three Kuwaitis and one bidoon (stateless Arab), were fined 
for low-level involvement.  Penalties range from three-year 
jail terms to fines of USD 10,000.  Only one of those 
sentenced, Kuwaiti Abdullah Matar Al-Shimmari, was in custody 
at the time of sentencing.  Al-Shimmari was also the only 
defendant to be sentenced in both cases, receiving a total 
sentence of eight years in prison, including two years for 
attempting to enter Kuwait on a forged passport.  Most of 
those sentenced on May 8 were released last year on KD 300 
(USD 1,000) bail after being arrested during Kuwait's July 
2004 militant crackdown. Three of the twenty convicted were 
minors extradited from Syria in 2004 and all three were tried 
as adults (ref B). 
 
2. (U) Two of the sentenced jihadists, Hamad Nawaf Al-Harbi 
and Khaled Abdullah Al-Dosari, are still at large.  All of 
the defendants have 30 days to appeal the verdict in an 
appellate court.  Osama Al-Munawer, attorney for 14 of the 
defendants and of firebrand Islamist cleric Hamad Abdullah 
Al-Ali, said he would file an appeal on behalf of his clients 
on May 9 (ref A). 
 
3. (C) Comment: These sentences represent unusually firm 
verdicts against militants in light of several recent 
examples of judicial leniency in similar cases.  Despite the 
fact that Al-Harbi and Al-Dosari are on the run and possibly 
no longer in Kuwait, the remaining militants, save Abdullah 
Al-Shimmari, sentenced on May 8 are not in police custody and 
it is highly unlikely that any are under police surveillance. 
 Twelve of the defendants were present during court hearings 
in March and most, if not all, are likely to remain in Kuwait 
throughout the appeals process.  (Note: It is not unusual for 
convicted Kuwaiti criminals to be free on bail while awaiting 
an appeals court verdict. End Note.)  Although there are few 
public details regarding the two cases against these 
convicted jihadists, given recent, lenient court decisions, 
the verdicts have an even chance of being overturned on 
appeal.  Nonetheless, this case represents positive judicial 
progress in line with the GOK's position of standing firm 
against extremist violence and terror. 
 
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LEBARON