ABDUL RAHMAN UPDATE - 3-26

C O N F I D E N T I A L SECTION 01 OF 03 KABUL 001332 SIPDIS SIPDIS E.O. 12958: DECL: 01/05/2026 TAGS: PGOV PREL AF SUBJECT: ABDUL RAHMAN UPDATE - 3-26 REF: KABUL 01302 Classified By: CHARGE RICHARD B. NORLAND FOR REASONS 1.4 (B) AND (D) ¶1. (C) SUMMARY: Rahman remains in detention as of Sunday evening but events are moving quickly and he is expected to be released on Monday. After some pushing, the Afghans agreed to issue documents on Sunday confirming that the case has been dismissed and Rahman can be released (see paras 6 and 7 below). There is some ambiguity between English and Dari versions of the documents supplied to us by the Palace, and we will keep pressing to ensure Rahman's release on Monday. Although he appears to want to remain in country for a period, the UN believes he will need to find refuge abroad fairly soon if he is to remain safe, and the UN has asked us to help identify a country that will take him. Germany is mentioned but appears reluctant for the moment. The Deputy UNSRG asked whether the U.S. would consider taking Rahman. Karzai's relations with his Chief Justice Mullah Shinwari, who fends off the conservative mullahs, are frayed, and the Palace is concerned about possible public reaction in the days ahead. END SUMMARY. ¶2. (C) At 0800 this morning UN Senior Human Rights Officer Richard Bennett and another colleagues, as well as an Afghan Judge visited Rahman in Pol-i-Charki prison. In their interview they determined that he is a committed Christian and confirmed that he did not wish to recant his conversion. He acknowledged he had suffered psychological problems for a number of years for which he had taken medication, but was coherent. In the conversation (Rahman was unaware that release was in the offing),Rahman said he now wanted a lawyer, in contrast to his earlier stance. He said he wanted out of jail but it was not clear that he wanted to leave the country. ¶3. (C) In light of this development, the Palace backed away from its commitment yesterday that Karzai would issue a statement releasing Rahman on Sunday. Instead, the Palace proposed that legal authorities would dismiss the case and Rahman's release would be authorized, but none of this would be publicized today and the release date would remain vague. We pressed for statements to be issued today in order to take advantage of Secretary Rice's Sunday television appearances to defuse the issue in the West. The Palace reluctantly concurred, and signed legal documents were released to us in English and Dari versions late Sunday afternoon (see para 6 and 7 -- and Comment). ¶4. (C) UN Deputy SRSG Alexander asked Charge for U.S. assistance in identifying a country that would provide refuge to Rahman after his release. Although Rahman appears to want to stay in Afghanistan at least for a while, it is likely that he would need safe-haven abroad fairly soon. Germany remains a possibility. (Note UN SRSG Koenigs earlier told Charge that there is concern in Berlin about the precedent that would be set by granting Rahman asylum - he talked about "a flood of asylum applicants" that could add to the 160,000 Afghans already in Germany." End Note.) Alexander posed the question of whether the U.S. would be willing to take Rahman. ¶5. (C) Karzai's chief of staff, Jawed Ludin, told Charge that Karzai now faces a severe challenge from hardline mullahs and others who will try to exploit these events by portraying the President as weak and subservient to Western interests. Chief Justice Shinwari, who serves as Karzai's point man with the conservative Mullahs, told the Palace to stop pushing him so hard to issue statements today at U.S. behest. Ludin said it took "50 phone calls" to get the thing done. He expressed concern about public reaction and the threat of violence to embassies of those countries whose leaders had spoken out publicly on this matter. ¶6. (C) Below follows informal Embassy translation of the text of legal documentation from the Kabul Court of Appeals and the Prosecutor Office of the Court of Appeals for Kabul Province which dismiss the case and authorize his release. Begin text: - Directorate of Kabul province's Courts - Public Security Directorate of Kabul Appeal Court - Judicial Panel - Court Decision (Verdict) No. - Date: - Attorney's Name: Abdul Wasey - Accused person's Name: Abdul Rahman son of Abdul Manan, current resident of Kabul - Case: Apostasy Charges - Documents of apostasy and converting from Islam to KABUL 00001332 002 OF 003 Christianity by Abdul Rahman son of Abdul Manan, letter No. 12615-7 344 dated 15/12/1384 of the Public Security Attorney office of Kabul Appeal Court has arrived and the registration Number 746 dated 16/12/1384 in Public Security Directorate of Kabul Appeal Court. - As we studied the documents and did the initial investigation we found out that Abdul Rahman's father and his close relatives had followed Abdul Rahman and they found Adbul Rahman a Christian. - Abdul Rahman himself has admitted that he has converted from Islam to Christianity. - According to page 5 of the case investigated, Abdul Rahman's daughter Maria has called her father bad behavior and nervous. - According to page 10 of the case investigated, Abdul Munir son of Abdul Shakoor cousin of accused person has called Abdul Rahman mentally ill. - During the judicial session, Abdul Rahman has admitted in front of judicial panel that he is hearing noises and he is not feeling well psychologically. It is not mentioned in the documents if, Abdul Rahman has another citizenship apart from his Afghan one and the case needs further investigation as well. - Verdict: - We, the judicial panel of Public Security Division of Kabul Appeal Court, in our historical judicial session dated 06/01/1385, all agreed and have decided that according to article No. 6 of penal execution law, the case has a legal deficiency and the case must be returned to its relevant authority for further investigation. (Note: The English language version supplied to us by the Palace reads: "The secretariat is hereby instructed to dismiss the case and SIPDIS return it to the relevant authorities." End Note.) - Ansarullah Mauvlavi Zada, Director of Public Security Division of the Kabul Appeal Court - Merajuddin Hamidi, Judicial Member - Nesar Ahmad Gulzar, Judicial Member End text. ¶7. (C) Begin text: - Memorandum of 01/06/1385 - Attorney Office Directorate of Kabul Province Appeal Court - Summary of the case: - The apostasy case of Abdul Rahman was sent through Attorney Office of Public Security for Sharia dismissal to Attorney Office Directorate of Kabul Province Appeal Court via letter No. 12615, dated 12/15/1384. - According to verdict Number one, dated 01/06/1385 of mentioned court at 15:30, the case has a legal deficiency. As, Maria daughter of Abdul Rahman and cousin of Abdul Rahman claimed that Abdul Rahman is mentally ill and has psychological problems therefore, the case needs further investigation. - Now, it is part of the case to see the opinions of doctors in the hospital of psychgology. If the psychological problems of Abdul Rahman are proved then according to article number 44 of penal execution law of the country the case would be dismissed and Abdul Rahman would be released. (Note: The English language text supplied to us by the Palace makes no reference to a psychological evaluation prior to Rahman's release.) - 13:40 hours, 06/01/1385 - Attorney Zemari Amiri - Director of Attorney Office Directorate of Kabul province Appeal Court. End text. ¶8. (C) COMMENT: Karzai is clearly committed to trying to release Rahman on Monday, but he is still doing battle even with his own chief justice amidst intense pressure from conservatives. The discrepancies in language between the Dari and English texts provided to us by the Palace appear to reflect the GOA's desire to target Afghan and Western audiences separately. They need to be careful in playing this game, but for the moment, constructive ambiguity appears to be Karzai's strategy for working his way through this KABUL 00001332 003 OF 003 crisis. However, expectations have been raised now that Rahman will be released on Monday, and we will press for no less. END COMMENT. End text. NORLAND