EGYPT: UPDATE ON THE AYMAN NOUR CASE

C O N F I D E N T I A L CAIRO 002335

SIPDIS

SIPDIS

NSC STAFF FOR SINGH

E.O. 12958: DECL: 04/17/2016
TAGS: PHUM PGOV KDEM EG
SUBJECT: EGYPT: UPDATE ON THE AYMAN NOUR CASE

REF: CAIRO 1809

Classified by ECPO Minister Counselor Michael Corbin for
reasons 1.4 (b) and (d).


1. (C) Summary: Ghad Party sources advise us that, despite
some reports to the contrary, imprisoned opposition leader
Ayman Nour is not facing an immediate threat to his health or
welfare. However, they assert that prison authorities are
making life more unpleasant for him, apparently in
retaliation for his defiant attitude. The Ghad Party
released on April 17 an "SOS" memo from Nour addressed to
human rights organizations in which Nour alleges multiple
violations of his constitutional and human rights. The new
attention to Nour's situation comes in the run-up to his May
18 appeal hearing. Ghad contacts tell us they are worried
that the judge assigned to hear his appeal has been
handpicked by the GOE and will uphold the conviction. U.S.
and foreign diplomatic efforts to visit Nour in prison are
continuing, but without success so far. End summary.


2. (C) Ayman Nour's wife, Gameela Ismail, Hisham Kassem,
Party Vice President, and Wael Nowara, Party
Secretary-General, each discussed with POLOFF April 13-14 the

SIPDIS
condition of imprisoned party leader and recent developments
in his case. They asserted that Nour, resident in the Torah
Prison infirmary due to his diabetes and heart condition, is
not facing an immediate health crisis. However, they said
his treatment in prison has taken a turn for the worse in the
past ten days. They offered three specific claims about his
treatment:

-- Nour's writing materials have been confiscated and he has
been told he will no longer be allowed to publish his column
in the Ghad Party newspaper;

-- Nour's ward in the infirmary has become crowded with "sick
AIDS patients" and people with "infectious skin conditions";

-- Prison authorities "falsely" claimed that Nour attempted
suicide (interpreted by Nour's supporters as an indirect
death threat);


3. (C) On April 17, the Ghad Party circulated a memorandum
addressed to "human rights organizations" from Ayman Nour
which expands on these complaints and ties them to articles
of the Egyptian constitution and prison regulations. In
addition to the complaints noted above, the document charges
that prison authorities have interfered with or obstructed
Nour's right to correspond with family and legal counsel and
his right to present written complaints to prison authorities
and the judiciary. The memo closes with demands that the
prosecution send investigators to prison to look into his
complaints, that all his confiscated papers be returned, and
that authorities involved in violating his rights be
questioned for possible prosecution.


4. (C) As reported reftel, the Cassation Court will hear
Nour's appeal on May 18. Both Gameela and Kassem told POLOFF
that they (and Nour himself) are deeply concerned by the
assignment of Judge Salah al-Bory to hear the appeal. They
noted that Al-Bory was also chosen by the Supreme Judicial
Council (whose members are appointed by the executive) to
participate in the investigation of activist Judges Club
members accused of defaming their colleagues by revealing
instances of fraud and manipulation in the fall 2005
parliamentary elections. Citing this fact, and the earlier
assignment of the infamous Judge Abdel Salam Gomaa, who
convicted Nour in the initial trial (and twice convicted Saad
Eddin Ibrahim of "defaming the state"),Gameela and Kassem
worried that Bory had been specially chosen to ensure that
Nour's appeal does not receive a favorable hearing.


5. (C) Comment: We cannot independently verify the claims
regarding Nour's treatment, but our Ghad party contacts are
convinced that steps are being taken to retaliate against him
for his defiant attitude against his jailers and the Mubarak
regime more broadly.


6. (C) The Embassy submitted on April 17 a request for
Senator Christopher Dodd to visit Nour in prison during his
upcoming visit to Egypt, and we continue to pursue requests
for emboffs to visit Nour. Meanwhile, a joint request for
diplomats from Canada, Australia, Switzerland, and the U.S.
to visit Nour, appears to be stalled. The request,
submitted by the Canadian Embassy to the Public Prosecution
was forwarded to the Egyptian Ministry of Foreign Affairs.
An MFA officer told Canadian Emboff that the request could
not be granted because Egyptian law allows "only family
members and lawyers" to visit prisoners. We note that the
practice was different in the Saad Eddin Ibrahim case, when
Ambassadors from many western countries were allowed to visit
him in prison. End comment.
RICCIARDONE