Identifier
Created
Classification
Origin
06KABUL1332
2006-03-26 17:52:00
CONFIDENTIAL
Embassy Kabul
Cable title:  

ABDUL RAHMAN UPDATE - 3-26

Tags:  PGOV PREL AF 
pdf how-to read a cable
VZCZCXRO1950
OO RUEHDBU
DE RUEHBUL #1332/01 0851752
ZNY CCCCC ZZH
O 261752Z MAR 06
FM AMEMBASSY KABUL
TO RHEHAAA/NSC WASHDC IMMEDIATE
RUEHC/SECSTATE WASHDC IMMEDIATE 9167
INFO RUCNAFG/AFGHANISTAN COLLECTIVE IMMEDIATE
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)

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