EGYPT: TRIAL OF INDEPENDENT EDITOR ADJOURNS

C O N F I D E N T I A L CAIRO 002936 SIPDIS SIPDIS NSC STAFF FOR WATERS E.O. 12958: DECL: 10/01/2017 TAGS: PGOV PHUM KDEM KPAO EG SUBJECT: EGYPT: TRIAL OF INDEPENDENT EDITOR ADJOURNS WITHOUT DECISION; NEXT HEARING ON OCTOBER 24 REF: CAIRO 2825 Classified by CDA Stuart Jones for reasons 1.4 (b) and (d). ¶1. (SBU) After a brief October 1 hearing, the Bulaq Misdemeanors Court ordered a postponement in the trial of Ibrahim Eissa, editor of the Dustur independent daily newspaper, until October 24. Eissa is facing charges of spreading false rumors about the health of President Mubarak, and having caused millions of dollars of losses on the Cairo stock exchange. Eissa's defense reportedly has asked the court to call several witnesses including the Central Bank Governor and the president of the Stock Exchange. Press reports indicate that Eissa could face up to three years in jail if convicted. ¶2. (C) Previously, press reports on September 27 had indicated that the prosecution would refer Eissa's case to a State Security Emergency Court, a venue that would not have allowed for an automatic right of appeal. Concerned that the GOE might be trying to engineer a trial for Eissa that would not protect his due process right to an appeal, Charge met on September 27 with MFA Assistant Minister for American Affairs, Hatem Saif El-Nasr, and NDP Policy Committee member Mohamed Kamal. The Charge advised Saif El-Nasr and Kamal that Eissa's trial in a State Security Emergency Court would likely result in a USG condemnation. (Note: State Security Emergency Courts almost always convict defendants; judgments from these courts cannot be appealed. End note.) ¶3. (C) On September 29, the official wire service (MENA) reported that Eissa would be tried in the misdemeanor court. Eissa's lawyer, Nasser Amin (protect),told poloff that Eissa's camp had not actually received formal notification of Eissa's referral to a State Security Emergency Court. Instead, Eissa's advisors, acting on their assessment that Eissa might be tried before the security court, sought to mobilize opinion against this possibility by leaking the information to the media. JONES