SYRIA'S LABWANI SUFFERING ONGOING LEGAL WOES, RIAD

C O N F I D E N T I A L SECTION 01 OF 02 DAMASCUS 003695

SIPDIS

SIPDIS

PARIS FOR WALLER, LONDON FOR TSOU

E.O. 12958: DECL: 07/20/2016
TAGS: PREL PGOV SY LE
SUBJECT: SYRIA'S LABWANI SUFFERING ONGOING LEGAL WOES, RIAD
SEIF BEATEN


Classified By: Charge d'Affaires Stephen A. Seche for reasons 1.4 b/d


1. (C) Summary: Jailed opposition activist Kamal Labwani
appeared July 25 in criminal court for the second time in two
weeks, with the judge again postponing decision on the
defense team's request to show in open court Labwani's
televised interviews on Al-Hurra and Al-Mustaqbal. Labwani's
next appearance was set for July 31. Earlier in the week,
one of Labwani's lawyers expressed fear that the court was
going to speed up the case and ultimately issue a very tough
sentence--possibly life in prison with hard labor or the
death penalty. The lawyer stated that an appeal of such a
sentence might require subpoenaed evidence from the USG,
including in-court testimony of U.S. officials such as Deputy
National Security Advisor J.D. Crouch with whom Labwani met
while in the U.S. on an International Visitor's program. The
SARG will seek to capitalize on pan-Arab and anti-U.S.
sentiment in Syria resulting from the Israel-Hizballah
conflict to make a scapegoat of Labwani, who is being
portrayed as an agent of the USG, to send a stern warning to
other domestic activists, the lawyer said. End Summary.


2. (C) Jailed opposition activist Kamal Labwani appeared
July 25 in criminal court for the second time in two weeks.
The judge issued a decision allowing Labwani's lawyers to
have a copy of Labwani's file and to visit their client in
detention without the presence of security authorities, but
rejected the defense's request to show the televised
interviews on Al-Hurra and Lebanese channel Al Mustaqbal.
Labwani and his lawyers in turn rejected the judge's
proposals that either transcripts of the interviews be
entered into Labwani's file as part of the defense or that
the interviews be aired in a closed court session. Instead,
they insisted on a public airing in front of an open court.
The criminal court judge, looking uncomfortable, promised to
issue a decision on July 31. Attending the trial were Syrian
human rights activists, members of the extended Labwani
family, and international observers from the U.S., UK, Canada
and Australia. After the session, one of Labwani's sisters
approached Poloff and pleaded that if the U.S. enters into
any type of heightened diplomatic dialogue with the SARG, it
put her brother's plight at the top of its demands.


3. (C) Earlier in the week, one of Labwani's lawyers,
Muhanned al-Hasani, expressed fear that the court was going
to speed up the case and ultimately issue a very tough
sentence--possibly life in prison with hard labor or the
death penalty. (Comment: The judge is clearly expediting
the trial, with court dates being set a week apart, whereas
many defendant's routinely go a month or more between
sessions.) The SARG will seek to capitalize on nationalist
and pan-Arab sentiment resulting from the Israel-Hizballah
conflict to make a scapegoat of Labwani, who is being
portrayed as an agent of the USG, to send a stern warning to
other domestic activists, Hasani said. The SARG is trying to
lower the "ceiling of fear" to a level never seen in Syria,
the lawyer said.


4. (C) If Labwani receives a stiff sentence, the defense
team will likely issue as part of an appeals process
subpoenas to have the USG provide a detailed copy of
Labwani's Voluntary International Visitor's program, a list
of all Syrians who have participated in the International
Visitors' program, and in-court testimony by USG officials
with whom Labwani met in Washington, including Deputy
National Security Advisor J.D. Crouch, Hasani said. Any USG
statements now on Labwani's behalf would likely push the SARG
to deal even more harshly with the activist, said Hasani
noting that charges against Labwani were significantly
increased after his name was publicly cited by President Bush
and after Labwani's detention was the subject of at least
five diplomatic demarches by other governments to the SARG.
Repeating a frequent comment of Syrian activists, Hasani
questioned the USG commitment to internal reform and asserted
that, especially in light of events in Lebanon, the road to
domestic reform in Syria will be painfully long.


5. (C) The SARG continued to intensify its crackdown of
human rights and civil society activists, Hasani said, citing
the July 16 beating of former MP Riad Seif as he left a
security headquarters building. Seif still bore knuckle
marks on his face four days after the incident, Hasani said.
Other activists were facing increasing intimidation,
according to Hasani, citing severe damage done July 10 to the
car of jailed activist Anwar Bunni and recent, repeated
incidents when paint and animal dung was thrown on the home

DAMASCUS 00003695 002 OF 002


of a Damascus Declaration committee member's home. Hasani
also stated his mother had received a phone call on July 16
from an unknown caller who threatened her that she was going
to find Hasani in a grave.


6. (C) Comment: The criminal court judge in the Labwani
trial was clearly uncomfortable as he handles a sensitive
national security case that would normally be heard in the
State Security Court, given that he is expected to put on a
display of a free and open trial but where a misstep could
cost him dearly with Syrian authorities. Still, he appeared
to want to keep the trial moving along. As asserted by
Hasani and other contacts, the SARG is continuing its
crackdown, and, under cover of the Israel-Hizballah conflict,
it is very possible the regime will use Labwani to send a
stern warning to other activists. That being said, given the
climate in Syria and the likelihood that Labwani himself
would be punished for any USG statement of support, the
safest recourse for the time being seems to be continued
trial observation and coordination with other diplomatic
representatives urging them to do the same.
SECHE