SURPRISE HEARING DENIES AYMAN NOUR'S RELEASE ON

C O N F I D E N T I A L CAIRO 001625 SIPDIS SIPDIS NSC FOR WATERS E.O. 12958: DECL: 05/31/2017 TAGS: PGOV PHUM PREL KDEM EG SUBJECT: SURPRISE HEARING DENIES AYMAN NOUR'S RELEASE ON MEDICAL GROUNDS REF: CAIRO 1502 CLASSIFIED BY: DCM STUART E. JONES, FOR REASONS 1.5 (B) AND (D). ¶1. (SBU) IN A SURPRISE MAY 31 HEARING AT THE NEW CAIRO FELONIES COURT, A REPORTED REQUEST BY PUBLIC PROSECUTOR ABDEL MEGUID MAHMOUD (EGYPT'S ATTORNEY GENERAL EQUIVALENT) TO RELEASE IMPRISONED AL GHAD PARTY LEADER AYMAN NOUR ON HEALTH GROUNDS WAS REFUSED. THE HOPES OF NOUR'S FAMILY AND LAWYER HAD BEEN RAISED BY THE UNPRECEDENTED REQUEST OF MAHMOUD TO RELEASE NOUR DUE TO HIS DETERIORATING HEALTH. ACCORDING TO INDEPENDENT NEWSPAPER AL MASRY AL YOM, MAHMOUDS PETITION "CAME AS A RESULT OF MEDICAL REPORTS SUBMITTED BY NOURS FAMILY, ATTESTING TO NOURS FAILING HEALTH, AND CONCERNS ABOUT THE POSSIBILITY OF HIS DEATH IN PRISON." THE SAME PAPER REPORTED THAT THE FORENSIC MEDICAL COMMITTEE TASKED TO ASSESS NOUR'S HEALTH (REFTEL) VISITED NOUR IN PRISON YESTERDAY. DESPITE THE UNUSUAL CIRCUMSTANCES, AND THE PRE-HEARING OPTIMISM ON THE PART OF NOUR'S FAMILY, PRESIDING JUDGE ADEL GOMAA (THE JURIST WHO ORIGINALLY SENTENCED NOUR AT THE BEGINNING OF HIS LEGAL SAGA),DENIED THE PUBLIC PROSECUTOR'S REQUEST. THE JUDGE DID NOT ALLOW ANY "OBSERVERS" INTO THE COURTROOM, INCLUDING NOUR'S LAWYER AND HIS WIFE (WHO NORMALLY ATTEND ALL OF NOUR'S HEARINGS WITH NO PROBLEMS). DESPITE TODAY'S RULING, A JUNE 12 HEARING ON NOUR'S APPEAL FOR HEALTH PAROLE WILL STILL BE HELD (NOTE: THE JUNE 12 HEARING IN THE STATE COUNCIL IS A SEPARATE CASE, BASED ON AN APPEAL FILED BY NOUR, WITH NO LEGAL RELATIONSHIP TO TODAYS DECISION ON THE PUBLIC PROSECUTOR'S REQUEST. END NOTE). ¶2. (C) WHILE THE MAY 31 HEARING WAS ONGOING, THE AMBASSADOR RAISED NOURS CASE AGAIN DURING A MEETING WITH FM AHMED ABOUL GHEIT, WHO WAS HIMSELF SURPRISED THAT A COURT SESSION WAS BEING HELD AT THE BEHEST OF THE PUBLIC PROSECUTOR, AND DIRECTED HIS STAFF TO LOOK INTO THE ISSUE. ABOUL GHEIT ADVISED, "WE ARE TRYING TO FIND AN APPROPRIATE WAY, IN DUE TIME, TO RELEASE NOUR, BUT THE MORE YOU RAISE THIS WITH US AND MAKE IT INTO A POLITICAL ISSUE, THE LONGER HE WILL STAY IN PRISON." ¶3. (C) COMMENT: THE REASONS BEHIND TODAY'S HEARING ARE UNCLEAR. THE PUBLIC PROSECUTOR MAY INDEED BE MAKING A GOOD-FAITH EFFORT TO PUSH FOR NOUR'S RELEASE. CONVERSELY, THIS COULD BE SIMPLY A PUBLIC-RELATIONS EFFORT BY THE GOE TO DEMONSTRATE THAT IT IS "TRYING" TO RELEASE NOUR ON MEDICAL GROUNDS, BUT THAT EGYPT'S "INDEPENDENT JUDICIARY" WILL NOT AGREE TO DO SO. RICCIARDONE