DECISION ON AYMAN NOUR HEALTH PAROLE APPEAL DUE IN

UNCLAS CAIRO 002036 SIPDIS SENSITIVE SIPDIS NSC FOR WATERS AND SINGH E.O. 12958: N/A TAGS: PREL PHUM KDEM EG SUBJECT: DECISION ON AYMAN NOUR HEALTH PAROLE APPEAL DUE IN THREE WEEKS REF: A. CAIRO 1949 ¶B. CAIRO 1931 ¶C. CAIRO 1934 ¶D. CAIRO 1625 ¶1. (U) At a July 3 hearing at the State Council's Administrative Court, presiding judge Mohamed al Husseini ruled that he will issue "within three weeks" a final decision on imprisoned Al Ghad Party leader Ayman Nour's appeal for health parole. Husseini's ruling came after over an hour of questioning of Nour's lawyers, before a sweaty courtroom packed with journalists, Nour supporters, and State Security personnel. Immediately prior to Nour's appeal, the court heard the case of Ahmad Mazloum (a 22-year old imprisoned drug dealer, also appealing for health parole, whose case has been tied to Nour's in recent court deliberations). Over the wailing of Mazloum's distraught mother, who had to be dragged from the courtroom, Husseini ruled that he would also would issue a final decision in Mazloum's case within three weeks. ¶2. (SBU) Immediately after the hearing, poloff briefly discussed the ruling with Gameela Ismail (Nour's wife),Amir Salem (Nour's lawyer),and Ehab al Khouly (current head of Al Ghad Party). All were disappointed by the delay, but cautiously hopeful about Husseini's forthcoming decision. Salem noted that "it seems the judge wants to take the time to really think through the case, and draft a detailed and considered opinion," but was also concerned that Husseini may take longer than three weeks to issue a final ruling. ¶3. (SBU) The July 3 ruling comes on the heels of a July 2 State Council hearing in a separate but related lawsuit concerning the appropriate court to rule on Nour's appeal for health parole. On June 25, the Egyptian State Lawsuits Authority filed a suit contesting the jurisdiction of the Administrative Court over Nour's case, arguing instead that the New Cairo Felonies Court is the appropriate body to rule on Nour's appeal. The New Cairo Felonies Court is the judicial body which on May 31 ruled against releasing Nour on health grounds (ref D). It is presided over by Judge Adel Abdel-Salam Goma'a, the judge who originally sentenced Nour in 2005, and also presided over the first two trials of democracy activist Saad Eddin Ibrahim in 2001 and 2002. At the July 2 hearing concerning the proper jurisdiction for Nour's appeal, the case was delayed until September 2. Even if Husseini rules in Nour's favor at the State Council's Administrative Court, the jurisdictional conflict will have to be resolved. Our legal contacts are split over which court should appropriately decide Nour's fate. RICCIARDONE