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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