LABWANI GUARDEDLY OPTIMISTIC ABOUT QUIET

C O N F I D E N T I A L SECTION 01 OF 02 DAMASCUS 001815 SIPDIS SIPDIS PARIS FOR ZEYA, LONDON FOR TSOU E.O. 12958: DECL: 04/19/2016 TAGS: PHUM PGOV SY SUBJECT: LABWANI GUARDEDLY OPTIMISTIC ABOUT QUIET RESOLUTION OF LEGAL CASE REF: DAMASCUS 1158 Classified By: Charge d'Affaires Stephen Seche for reasons 1.4(b)/(d) ¶1. C) SUMMARY: Kamal Labwani and his family remain guardedly optimistic about his legal future, citing European Parliament pressure as the main factor for the SARG's failure to formally indict him on charges that could result in a life sentence. Should this international pressure continue, the Labwanis believe that the SARG will be forced to either release Kamal or indict him, preferably on lesser charges that would allow a sentence of time served. Such a quiet resolution would give Labwani his freedom while also allowing the SARG to save face. The family encouraged the USG to pursue general statements on the Syrian human rights situation and indirect diplomatic pressure as the best means of helping Labwani. While the Labwanis continue to be optimistic about his case, the SARG's apparent confidence and its continuing crackdown on dissidents indicate that their optimism may not be well-founded. END SUMMARY. ¶2. (C) Sumer Labwani, wife of jailed activist Kamal Labwani, and their two teenage daughters met with Poloff on April 18, immediately following a visit to her husband at Aadra prison. According to Sumer, Labwani is in high spirits and optimistic -- "more optimistic than the family." He continues to be prevented from using the library and is not allowed to attend Friday prayers at the jailhouse mosque alone. ¶3. (C) EUROPEAN PRESSURE STARTING TO INFLUENCE SARG DECISIONS: Mrs. Labwani noted that an increase in European pressure on the SARG on behalf of her husband had helped prevent the SARG from formally indicting him on charges of having contact with a foreign power and encouraging the foreign power to invade Syria (reftel). Mrs. Labwani cited an Amnesty International UK representative, who has been in constant contact with the family, as the source of this information, assuring her of European Parliament efforts on behalf of Kamal. ¶4. (C) AS CASE NEARS SIX MONTH MARK, HOPE CONTINUES FOR QUIET RESOLUTION: The Labwani family also maintained that as the May 8th six-month anniversary of Labwani's detention nears, the chances for a dismissal or a quiet conviction with a sentence of time served improve greatly. According to the Labwani family, the authorities can only hold Labwani for six months without charge under Syrian law. (NOTE: Post notes that there are numerous cases in which activists have been held for much longer without charge). If international pressure continues, the SARG will have to decide to either indict Labwani or release him. The hope is that the authorities will choose to quietly prosecute him on lesser charges such as "diminishing national feeling during a time of war," allowing the judge to sentence him to time served and, by extension, giving the SARG the opportunity to quietly save face. ¶5. (C) GREATEST FEAR: LANGUISHING AWAY IN PRISON: Labwani remains concerned, however, that the SARG will not formalize any charges but will instead continue to detain him without charges. According to his family, Labwani would rather face in court the current unofficial charge of encouraging a foreign power to invade Syria than to rot away in jail. Labwani told his family that he is ready to go on the offensive and make bold anti-SARG statements during his trial. He also has a very clear idea of how his day in court should be, noting that the trial must be open to the public and with full press access: "Not like Riad Seif's trial," said Mrs. Labwani, referring to Seif's 2001 criminal court trial, during which only reporters from the state news agency SANA were allowed in the courtroom. Should complete press access not be granted, Kamal would then go on a hunger strike. ¶6. (C) USG SHOULD CONTINUE GENERAL STATEMENTS AND INDIRECT PRESSURE: When asked about what steps the USG should undertake on his behalf, the Labwani family made clear that they continue to prefer general statements about the human rights situation in Syria and the use of gentle diplomatic pressure on the SARG. Naming names, said the Labwanis, could bring more unwanted attention to Labwani and make him a target for more abuse inside the SARG security apparatus. Mrs. Labwani closed by noting her husband's gratitude for the USG's friendship, his trust in U.S. good intentions, and his appreciation for USG efforts at a time when its agenda in the region is full. ¶7. (C) COMMENT: While Labwani continues to be optimistic DAMASCUS 00001815 002 OF 002 about his case, the SARG's apparent confidence and its continuing crackdown on dissidents indicate that his optimism may be misguided. The SARG appears to have deQed that, at this time, it can afford to "disappear" a prominent activist like Ali Abdullah, or sentence a civil society activist (and Muslim cleric) Riad ad-Drar to five years in prison without suffering any consequences or pressure. It is not clear why it would adopt a more lenient approach to Labwani. SECHE