SYRIAN DISSIDENT TO FACE CHARGES DESPITE

C O N F I D E N T I A L DAMASCUS 000649

SIPDIS

SIPDIS

PARIS FOR WALLER; LONDON FOR TSOU

E.O. 12958: DECL: 06/25/2017
TAGS: PGOV PHUM PREL SY
SUBJECT: SYRIAN DISSIDENT TO FACE CHARGES DESPITE
PRESIDENTIAL PARDON

REF: A. DAMASCUS 0042

B. 06 DAMASCUS 2064

Classified By: CDA Michael Corbin, for reasons 1.4 b/d.


1. (SBU) Summary. Several months after being released on bail
and then supposedly pardoned, Communist Action Party leader
Fateh Jammous appeared in the Criminal Court in Damascus on
June 26 to learn that he faces charges of committing, "acts
that could threaten the security of the nation." Jammous
remains free on bail. The charges apparently stem from
Jammous, visit to Europe in the spring of 2006 where he
attended meetings, including some with Muslim Brotherhood
representatives, and conducted interviews with regional and
international media. End Summary.


2. (C) Communist Action Party leader and Alawite, Fateh
Jammous, was summoned to appear June 26 in the Criminal Court
in Damascus where he learned that he will be charged with
committing, &acts that could threaten the security of the
nation.8 The presiding judge allowed Jammous to remain free
on bail. The decision came despite the defense,s argument
that all charges against Jammous were effectively vacated
when he was included in a Presidential amnesty, connected to
Eid al-Adha on December 30, 2006 (ref A). Yet, the judge
ruled that the State could amend and press the charges
against Jammous even for acts supposedly pardoned by the
Presidential amnesty. Consequently, Jammous will still have
to face trial. The presiding judge stated that the trial
will continue on July 17.


3. (C) Background: In the spring of 2006 Jammous visited
Europe for approximately two months. During that trip, he
met with some Muslim Brotherhood representatives, as well as
other Syrian external opposition figures, and agreed to be
interviewed by international media such as al-Jazeera and the
London based Arab daily al-Quds al-Arabi (ref B). Jammous
was arrested immediately upon his return to Syria at Damascus
International Airport on April 30, 2006. After five months
of incarceration, Jammous was released on bail on October 12
and then pardoned in the Presidential amnesty of December 30,

2006. Jammous spent over 18 years in prison for his
opposition political activities before the brief respite he
had in 2005-2006. Although still feisty and courageous,
Jammous has obviously suffered physically from his long
previous imprisonment and is not in good health. In late
January, the State quickly amended the charges against
Jammous so that the December 2006 amnesty would not apply to
Jammous, according to one of his defense lawyers, Sirin
al-Khoury.


4. (SBU) In contrast to other Court appearances, the
presiding judge expressed her displeasure at having western
diplomats present in her courtroom. Jammous and his defense
team countered that because the hearing was not secret,
anyone was free to attend his trial. In addition to poloff,
diplomats from the German and the Dutch Embassies were
present. Haithem al-Maleh, the prominent human rights lawyer
and founder of the Human Rights Association of Syria, was
among the human rights lawyers present at the court hearing.


5. (C) Comment. The amnesty and the order to rescind its
application to Jammous suggests possible internal division
over how to best treat Jammous, who like imprisoned regime
critic Aref Dalila is Alawite. One theory of an internal
divide is supported by the fact that Jammous was the only
well-known political prisoner who benefited from the 2006
amnesty. Hardliners may have been able to make a successful
case for the newly pressed charges because Jammous had
conferred with the outlawed Muslim Brotherhood in London and
talked with foreign media about regime shortcomings, both
unpardonable crimes in the eyes of the SARG.
CORBIN