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