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

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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