US embassy cable - 03KUWAIT2545

UNCLAS SECTION 01 OF 03 KUWAIT 002545 
 
SIPDIS 
 
STATE FOR INR/R/MR, NEA/ARP, NEA/PPD, PA, INR/NESA, 
IIP/G/NEA-SA, INR/B 
WHITE HOUSE FOR PRESS OFFICE 
LONDON FOR GOLDRICH, PARIS FOR O'FRIEL 
SECDEF FOR OASD/PA 
CINCCENT FOR CCPA 
USDOC FOR 4520/ANESA/ONE/FITZGERALD-WILKS 
USDOC FOR ITA AND PTO/OLIA 
 
E.O. 12958: N/A 
TAGS: KU, KDMR 
SUBJECT:  KUWAIT MEDIA REACTION SPECIAL, JUNE 10: GOVERNMENT 
FILES CHARGES AGAINST EDITOR-IN-CHIEF OF LEADING DAILY 
 
REF: KUWAIT (C)02293 
 
1.    SUMMARY: All media report that Mohammed al-Jassim, the 
liberal editor-in-chief of Kuwaiti Arabic daily "Al Watan," 
was summoned to the office of the public prosecutor and 
charged with "contesting the authority of the Amir," a 
charge that can carry a five-year prison term, before being 
released on bail.  Media reports allege that al-Jassim 
accused the ruling Al-Sabah family of interfering in the run- 
up to the July 5 parliamentary elections. In a front-page 
editorial in al-Watan, al-Jassim denies the charges as 
politically motivated. 
 
Al-Jassim has led local media opposition to a proposed press 
law that would give the government wide powers to fine or 
close newspapers (reftel.) The charges against him have 
predictably unleashed a torrent of criticism by liberals and 
conservatives against the government, led by al-Jassim 
himself.  "Referring me to the Public Prosecutor gives me 
the freedom to express my opinion, " he writes in al-Watan. 
"I want this to be an opportunity to judge the current 
political situation in this country." END SUMMARY. 
 
2.   News Stories: All newspapers report on June 9 that 
editor-in-chief of Arabic daily Al-Watan and Arabic 
Newsweek, Mohammed Abdul-Qader Al-Jassim, was referred to 
the Public Prosecutor following statements he made in the 
diwaniya [men's gathering] of MP Jassim Al-Omar criticizing 
the ruling Al-Sabah family's alleged intervention in the run- 
up to the July 5 parliamentary elections. 
 
On June 10, all newspapers report that Al-Jassim was 
released on bail. Al-Jassim is accused of contesting the 
authority of the Amir, a crime punishable by five years 
imprisonment. Al-Jassim denies the charges against him. 
 
On Al-Watan's June 10 front page, Al-Jassim says in 
addressing the Amir: "I apologize to you for a crime that I 
have not committed." 
 
Al-Rai Al-Am front pages on June 10 the Minister of 
Information, Ahmed Al-Fahd's comment on Al-Jassim's referral 
to the Public Prosecutor: "[Al-Jassim's referral] was not 
for an `opinion crime,' and does not pertain to the press 
law, [but rather] to criminal issues that concern the 
Ministry of Interior." 
 
Following are reported reactions by prominent Kuwaitis: 
 
--Secretary General of the Islamic Constitutional Movement, 
Essa Majed Al-Shaheen argues that the decision "reflects the 
government's impatience with opposing views and leads us to 
fear for the future of freedom in Kuwait." 
 
--Spokesman of the conservative Islamist Salafi Movement, 
Abdul-Razzak Al-Shayji, warns against government 
intervention in the elections, and states that the decision 
to prosecute Al-Jassim violates rights to free expression. 
 
--Islamist MP Waleed Al-Tabtabaie feared that the decision 
would be the first step towards "muffling mouths," and 
called on the government to retract its decision. 
 
--Liberal MP Abdul-Wahab Al-Haroun called the decision "a 
blatant violation of the constitution." 
 
-- The Committee for the Defense of Freedom of Expression at 
the Kuwait Graduates' Society denounced the referral of Al- 
Jassim to the public prosecution on June 10. 
 
Editorials: 
 
2.  "To Sheikh Sabah, with Best Regards" 
Liberal Editor-in-Chief of Arabic daily Al-Watan and Arabic 
Newsweek, Mohammad Al-Jassim, wrote (6/9):  "I understand 
the `political' reasons which forced the government to refer 
me to the Public Prosecutor. It is, however, a decision in 
my favor, since I will use it to stir public debate about 
what is happening in Kuwait. I did not violate any laws 
during the two seminars I participated in. I do admit, 
however, that my `sin' is having said something that 
displeased [Acting Prime Minister] Sheikh Sabah Al-Ahmad and 
those around him. The government wants to instill fear in my 
heart, and the hearts of others, in order to stop us from 
disclosing the ongoing machinations. If reforming the 
country could be accomplished by referring me to the Public 
Prosecutor, I would not mind if Sheikh Sabah referred me 
there ten times daily. Violating laws and listening to those 
with ill intentions is the road to destruction, not reform. 
I do not fear the Public Prosecutor's investigations or the 
courts, for I have spent over seventeen years in these same 
courts defending others. In fact, I feel homesick for this 
setting where one enjoys freedom of expression without 
political grudges. Referring me to the Public Prosecutor 
gives me the freedom to my opinion. I want this to be an 
opportunity to judge the current political situation in this 
country. I will say what my conscious dictates, without 
hesitation, regardless of who is pleased or displeased." 
 
4.  "No To Violating Freedom of Expression" 
Liberal Editor-in-Chief of Arabic daily Al-Qabas, Waleed Al- 
Nesf wrote (6/9): "We did not expect the government to take 
such severe action against the freedom of expression and 
opinion. Regardless of our differences of opinion with Al- 
Jassim. we strongly reject any infringement on the right to 
free expression. In real democratic countries, elections are 
the most important occasion for candidates and voters to 
express their opinions on the future of their country. We 
hope the government has not taken such action against a 
citizen just for expressing his opinion. Such an action is 
wrong and unjustified." 
 
5.  "Do Not Make It a Prison Without Walls" 
Fouad Al-Hashem wrote in independent Al-Watan (6/9):  "The 
referral of Al-Jassim to the Public Prosecutor. is the 
result of the . newly proposed press law. What Al-Jassim 
said does not constitute a quarter of what is said in the 
diwaniyas [weekly men's gatherings]. What has happened to 
us? Have we lost our patience [with differing opinions]? The 
free world is watching, so don't make these nations regret 
having shed blood for our freedom, and for having stood up 
to dictators to preserve our democracy. Don't turn Kuwait 
into a prison without walls." 
 
6.  "President Bush, Thanks For Not Visiting Us" 
Liberal Managing Editor Waleed Al-Jassim wrote in 
independent Al-Watan (6/9):  "Thank you Mr. President for 
not visiting us. We hope that you won't visit us any time 
soon. Some may believe that I have suddenly turned against 
America, but this is not true. Had the President visited 
Kuwait. he would have heard about the government's attempts 
to prevent freedom of expression, even during election 
seminars-- one of the few remaining forms of democracy. 
What Al-Jassim said is what people say in their homes and at 
diwaniyas.  The government's calculations are mistaken, as 
usual, for this decision is turning into a public call for 
freedom of expression." 
 
7.  "The Smell of Injustice Will Not Spread" 
Liberal Editor-in-Chief of Arabic daily Al-Watan and Arabic 
Newsweek, Mohammad Al-Jassim, wrote (6/10):  "Kuwait today 
is different from what people knew in the past because 
politics have contaminated [the country] and the smell of 
injustice had spread. The accusations against me can create 
a bad image of Kuwait. However, Kuwait's image will not 
change. and balance will be restored. With the return of the 
political balance, the dust of agitation and hypocrisy that 
obstructs vision will subside." 
 
8.  "Refer Us All To The Prosecutor" 
Mubarak Al-Hajiri wrote in independent Al-Watan (6/10):  "At 
the same time as Kuwait is hosting the first Arab Media 
Forum [held in Kuwait from June 7-10], we notice that our 
government has disregarded transparency and is extending its 
long arm to muffle mouths of people who are attempting to 
find remedies for [Kuwait's] chronic sickness. We do not 
want to be afraid to express our opinions, especially if our 
opinions are aimed at reform. We stand beside Al-Jassim and 
reject and condemn such actions against him." 
 
 
JONES