US embassy cable - 05KUWAIT5002

C O N F I D E N T I A L KUWAIT 005002 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR NEA/ARPI AND S/CT, LONDON FOR TSOU, PARIS FOR ZEYA 
 
E.O. 12958: DECL: 12/04/2015 
TAGS: PTER, PREL, PGOV, JO, IZ, SA, KU, TERRORISM 
SUBJECT: PENINSULA LIONS VERDICT TO BE ANNOUNCED DECEMBER 27 
 
REF: A. KUWAIT 4794 
     B. KUWAIT 4322 
 
1.  (C) After six weeks of deliberations, the all-Kuwaiti 
judicial panel of three judges presiding over the case of the 
Peninsula Lions, with 37 defendants, eleven of whom are 
fugitives, is expected to announce its verdict on December 
27.  The 37 defendants face charges including murder of 
Kuwait security forces, planning the assassination of Kuwait 
State Security (KSS) and Ministry of the Interior (MOI) 
officials for the purpose of creating chaos, collaboration to 
commit terrorism, planning the murder of military personnel 
of friendly forces in Kuwait, exhorting others to join 
illegal organizations, calling for a fight against state 
authorities, carrying out hostile actions against state's 
interests, funding terrorist groups through charitable 
donations, issuing fatwas to help facilitate the above, 
possessing unlicensed firearms and ammunition, and 
manufacturing explosives. 
 
2.  (C) Press reports in May, when the charges were first 
announced, stated that twenty of the thirty-seven defendants 
were facing the death penalty.  Some press reports since the 
November 16 conclusion of defense arguments state that all 37 
defendants are facing the death penalty.  Since this trial 
encompasses four separate cases rolled into one, including 
the charge against one defendant's attorney who was accused 
of passing money to his client while on the run (not a 
capital crime), post believes the outcome will be 
defendant-specific and not case-specific.  Post expects the 
four minor age defendants will receive a lesser punishment if 
found guilty, possibly a verbal warning and signing a 
declaration of good behavior.  (Note:  The age of majority in 
Kuwait is 21.  End note.)  Additionally, under Kuwaiti law a 
prisoner cannot be held in jail if s/he suffers from a 
chronic or debilitating illness.  Defendant 31, Nuha 
Al-Enezi, is being treated abroad for cancer and is not 
expected to be incarcerated, even if found guilty.  Nuha is 
one of the twenty facing the death penalty but was allowed to 
travel abroad to seek medical treatment after charges against 
her were announced at the end of May. 
 
3.  (SBU) Once the verdict is announced, both defendants and 
prosecutors have the right to appeal.  The appeal is heard by 
the Court of Appeals, which can rule to support the lower 
court's verdict or overturn the verdict in favor of either 
the prosecution or the defense.  That appeal can be appealed 
as well to the Court of Cassation.  The Court of Cassation 
can hear the appeal and rule to support the original verdict 
or the Court of Appeal's verdict, or it may make a ruling 
contrary to both the lower courts.  This final appeal can be 
in favor of either defendant or prosecutor.  The process for 
completing the entire appeals process can take from six 
months up to two years.  During the appeals process 
defendants are, at times, allowed to move freely within 
Kuwait, without any bail or bond. 
 
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Visit Embassy Kuwait's Classified Website: 
http://www.state.sgov.gov/p/nea/kuwait/ 
 
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LEBARON