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Viewing cable 09KUWAIT560, MOOT COURT VERDICT . . . A HUNG JURY, A VICTORY FOR

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Reference ID Created Released Classification Origin
09KUWAIT560 2009-06-04 09:44 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kuwait
VZCZCXRO0303
RR RUEHBC RUEHDE RUEHDH RUEHDIR RUEHKUK RUEHROV
DE RUEHKU #0560/01 1550944
ZNR UUUUU ZZH
R 040944Z JUN 09
FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC 3438
INFO RUEHAK/AMEMBASSY ANKARA 0334
RUEHEE/ARAB LEAGUE COLLECTIVE
RUEHZM/GCC COLLECTIVE
UNCLAS SECTION 01 OF 02 KUWAIT 000560 
 
SENSITIVE, SIPDIS 
 
DEPARTMENT FOR NEA/ARP (BMASILKO), NEA/PPD (PAGNEW, DBENZE), S/CT, 
NEA/PI, R 
 
E.O. 12958: N/A 
TAGS: KPAO OEXC OIIP SCUL SOCI PTER KU ZR
SUBJECT: MOOT COURT VERDICT . . . A HUNG JURY, A VICTORY FOR 
EDUCATION 
 
REF: KUWAIT 426 
 
1.  (SBU) SUMMARY: The terrorism trial simulation conducted at the 
American University of Kuwait (AUK), detailed in reftel, came to a 
conclusion on May 19 with closing arguments by the defense and 
prosecution and two and a half hours of jury deliberation, which 
ended with a (partially manufactured) hung jury.  Media response to 
the project was positive and highlighted Embassy support.  The "Moot 
Court" project is at the cutting edge in terms of educational 
partnerships that provide young people the tools to counter the 
extremist ideologies at the root of violence and terrorism. 
Additional funding is critical to ensure the spread of this 
curriculum to other universities in Kuwait and in the region.  END 
SUMMARY. 
 
--------- 
GUILTY ...? 
--------- 
 
2.  (U) The prosecution's closing argument focused on the boundaries 
of freedom of speech.  The lead prosecuting attorney reminded the 
jury that incitement to violence, crime, and treason crosses the 
line between protected and un-protected speech.  She reviewed 
evidence the accused had encouraged and inspired young men to go and 
commit acts of terrorism in Afghanistan. 
 
3.  (U) The charges facing the accused were: 
 
-- incitement to violence; 
-- soliciting treason; 
-- hindering the execution of U.S. law and levying war against the 
United States; and, 
-- instruction in the illegal use of explosives and firearms 
 
On the first, second, and fourth charges, the jury voted guilty in 
the majority, but could not decide on an unanimous verdict. 
 
4.  (U) The jurors "roles" enabled them to highlight the various 
arguments made during the course of the trial.  An informal poll 
conducted by the professor showed if jurors were allowed to decide 
solely on the evidence presented, a guilty verdict would have been 
quick and unavoidable. 
 
------------- 
NOT GUILTY ...? 
------------- 
 
5.  (U) The defense attorney's closing argument was designed to 
plant the seed of reasonable doubt, describing the case against the 
accused as circumstantial evidence and hearsay.  The defense 
attorney focused on the first amendment, civil liberties, and the 
right to a diversity of values and beliefs.  On the third charge, 
the jury swung toward "not guilty", but again failed to agree on a 
unanimous verdict. 
 
-------------- 
MEDIA RESPONSE 
-------------- 
 
6.  (U) AUK put out a press release on June 1 about the course and 
the final simulation (available at 
http://www.auk.edu.kw/news/showNewsDetails.js p?id= 
10355&ndate=1243840127620&newsType=N).  Four newspapers -- Al-Nahar, 
Al-Anbaa, Awan, and Arab times -- picked up the story and ran 
articles on June 2 and June 3 in which the U.S. Embassy role was 
highlighted.  The articles spoke about the students gaining insight 
on the "clash of civilizations" and "the conflicting values that 
shape the political dynamics between the Middle East and United 
States." 
 
------- 
COMMENT 
------- 
 
7.  (SBU) This groundbreaking course of AUK is an example of 
counterterrorism programming designed to teach critical thinking, 
thereby giving young people the intellectual and rhetorical tools to 
counter extremist ideologies, while reinforcing the concepts of rule 
of law and judicial procedure in civil society.  Students with this 
exposure are less susceptible to recruitment to terrorism and 
violence.  The local media response proves an openness to discussion 
and debate of these issues in Kuwaiti society.  The entirety of the 
course was videotaped and footage is being edited along with a 
written curriculum.  Ambassador Deborah Jones, who was present at 
the final session, added her own endorsement of the class and praise 
for the seriousness and enthusiasm of the students in a short 
segment that will be added to the video record of the proceedings. 
 
KUWAIT 00000560  002 OF 002 
 
 
Post thanks Washington for funding previously provided and is 
confident that with additional USG funding and encouragement the 
course can be rolled out to other universities in Kuwait and in the 
region.  END COMMENT. 
 
JONES