US embassy cable - 05KUWAIT4794

UNCLAS SECTION 01 OF 02 KUWAIT 004794 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR NEA/ARPI AND S/CT, LONDON FOR TSOU, PARIS FOR ZEYA 
 
E.O. 12958: N/A 
TAGS: PTER, PREL, PGOV, JO, IZ, SA, KU, TERRORISM 
SUBJECT: PENINSULA LIONS UPDATE: DEFENSE CHALLENGES CHARGES 
WHILE ADMITTING CLIENTS' GUILT 
 
REF: A. KUWAIT 4322 
     B. KUWAIT 1308 
 
1.  (SBU) The trial of the Peninsula Lions resumed on 
November 12 amid tightening security with over a dozen 
defense lawyers presenting their arguments one-by-one as the 
trial judges sat and listened.  The hearing, which began at 2 
pm, has continued in extraordinary sessions finishing after 8 
pm each night of the past week.  The lawyers decided, as a 
group, to present their defense back-to-back for the sake of 
clarity and effectiveness.  The presiding judges allowed the 
defense a week to present its case but have asked that they 
conclude by Wednesday, November 16.  Poloff and PolAssistant 
were present for the first defense lawyer's opening which 
focused on U.S. actions in Iraq as a reason for the 
defendants decision to take up arms.  Some lawyers stated 
that their defendants never planned for jihad in Kuwait, only 
in Iraq, and therefore their defendants should be released. 
Others, claiming that their clients confessed under duress 
and torture, asked for immediate acquittal, while one 
attorney stated that his client was guilty but that he was 
now schizophrenic due to the interrogation methods and should 
be released.  There has been widespread coverage in both 
Arabic and English press since the restart of the case and a 
date for the judges's final decision on the fate of the 
thirty-seven is expected to be announced at the end of the 
November 16 session. 
 
The Defense: Kuwait was Never a Target 
-------------------------------------- 
 
2.  (SBU) The first defense lawyer, Khaled Al-Abdul Jalil, 
who represents six defendants, contended that his clients 
never planned any harm to the State of Kuwait or its 
officials, because they were planning on conducting jihad 
against "occupation" forces in Iraq.  (Note: Conducting 
operations in a foreign country against forces friendly to 
Kuwait, i.e. the U.S., is illegal under Kuwaiti law.  End 
note.)  Stating that satellite television showed images of 
foreign forces killing innocent civilians in Iraq, Jalil 
asked for either full acquittal or maximum leniency since 
they have no prior arrests.  Following him were several 
lawyers who stated that their clients' confessions should be 
considered inadmissible due to the torture they endured 
before signing them.  Pointing out that there was a medical 
report which supported the allegation of torture for some 
defendants, the lawyers simply asked for release of their 
clients and presented no further defense.  Osama Al-Monawer, 
a lawyer as well as defendant #26, asked for his own 
acquittal and that of his clients, citing illegal wiretaps, 
lack of evidence, and the fact that he himself is innocent of 
all charges.  (Note:  Al-Monawer is also representing accused 
jihadis in a separate trial.  End note.) 
 
3.  (SBU) The list of the thirty-seven defendants was 
exhibited outside the courtroom.  Although still incomplete, 
the names of the defendants listed below is now updated to 
reflect the posted names as the court is filing them.  The 
defendants are still identified in court by number.  Post 
continues to verify the names at each hearing, since a 
complete roster of full names is still not available.  All 
updated names will be submitted to the Department under the 
Visas Viper  program. 
 
 
1.  Mohammed Sa'ad Bin Oun 
2.  Ahmed Masameh Mohsen Majed Al Mutairi 
3.  Abdullah Saeed Habib Al Shimmari aka Abdullah Bu Arwa 
4.  Ahmed Mutlaq Nasser Al Mutairi 
5.  Misha'al Mutaal Mohammed Al Shimmari 
6.  Suleiman Hamed Suleiman Al-Shimmari 
7.  Ahmed Naghmish Abdulaziz Al-Enezi 
8.  Mohammed Essa Nawaf Al-Shimmari 
9.  Salah Abdullah Rabea Khalaf aka Salah Rabea Al Shimmari 
10. Mohammed Sareh Zhoufour Al Ajmi 
11. Mohsen Fadl Ayad Al-Fadhel/Al-Fadhli 
12. Majed Mayyah Jeza'ah Al-Mutairi 
13. Maqbul Fahd Fahhad Al-Maqbul 
14. Khaled Abdullah Falah Al-Dosairi 
15. Hamed Nawaf Hamdi Al-Harbi 
16. Mohammed Ajman Safar Al-Mutairi 
17. Hussam Yousef Abdul-Rahim 
18. Abdulla Adel Abdulatif Al Rabei 
 
KUWAIT 00004794  002 OF 002 
 
 
19. Mohammed Abdullah Al-Otaibi 
20. Ahmed Abdullah Mohammed Al-Otaibi 
21. Abdul Latif Abdul Hadi Al Juwaisri 
22. Mohammed Abdul Razzak Sheikh Essa 
23. Fahed Shakheer Abdullah Al-Enezi 
24. Nassir Ali Al-Otaibi 
25. Mohammed Shuba'a Faraj Al-Otaibi 
26. Osama Ahmed Hussein Al-Monawer 
27. Bandar Ali Wanas Al-Shimmari 
28. Adel Habib Al-Shimmari 
29. Nouri Moudalal Muyeer Quwair 
30. Faisal Amir Abu Qazila 
31. Nuha Mohammed Roumi Al-Enezi 
32. Talal Al-Adri 
33. Faisal Falah Al-Dossari 
34. Hamed Abdullah Hamed Al-Ali 
35. Yassin Josef Mustapha 
36. Mohammed Sa'ad Zamel Al-Rashidi 
37. Ahmed Mohammed Wahish Al-Mutairi 
 
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LEBARON