AYMAN NOUR NOT RELEASED ON NATIONAL HOLIDAY

C O N F I D E N T I A L CAIRO 001565

SIPDIS

NSC FOR PASCUAL, STATE/DRL FOR CASTEEL

E.O. 12958: DECL: 07/24/2038
TAGS: PREL PHUM KDEM EG
SUBJECT: AYMAN NOUR NOT RELEASED ON NATIONAL HOLIDAY

REF: A. CAIRO 976

B. CAIRO 567

Classified By: Minister-Counselor for Economic and Political Affairs
William R. Stewart, for reason 1.4 (d).


1. (C) In a customary gesture of mercy, on July 23 (a
national holiday which celebrates the anniversary of Egypt's
1952 revolution),President Hosni Mubarak granted amnesty to
1,587 prisoners who had served over half of their sentences.
Former opposition presidential candidate Ayman Nour, who has
now served half of his five-year prison term, was not among
them, despite repeated USG urging over the past several
months that he be granted such an amnesty (reftels). On July
22, Nour's wife, Gameela Ismail, and roughly fifteen of
Nour's supporters reportedly demonstrated outside of Torah
Prison, where Nour is held. They carried signs stating, "Who
has the right to the July 23 pardon - Ayman Nour, or those
charged with spying, murder, torture, and evading military
service?" As prison officials are customarily lenient in
permitting visits on the eve of national holidays, the group
attempted to see Nour, but were prevented from doing so.
Some of the protesters were detained briefly.


2. (SBU) The list of crimes pardonable by the president after
half the sentence is served is not enshrined in a particular
law, but rather is determined by a list issued in a
presidential decree. According to legal contacts, forgery
(which Nour was convicted of) and drug dealing are crimes for
which the president currently cannot issue a pardon.
Reportedly, in 2002, forgery was removed from the list of
pardonable crimes, and espionage added to it (as a prelude to
the subsequent 2004 pardon of accused Israeli spy Azzam
Azzam). The decree reportedly allows the president
discretion in determining exceptions to the list. In an open
letter to Mubarak, published by the opposition Al Dustour
newspaper on July 24, Nour wrote, "The presidential decree
lacks justification, claiming that exceptions to the pardon
are determined on whether they are 'dangerous.' The decree
pardons those who are sentenced for murder, torture, and
espionage .... I am now being imprisoned at the president's
whim."


3. (C) In a July 23 conversation with Amir Salem, Nour's
long-time lawyer, Salem told us he was not surprised by the
decision to not release Nour, and fully expects that Nour
will have to serve his full five-year prison term. Salem also
commented on press reports that Nour had suffered a heart
attack on July 15. According to Salem, Nour, complaining of
a "strange feeling" in his chest, was rushed to the hospital.
He underwent some tests and observation for roughly two
hours, and after doctors determined that "nothing was wrong,"
he was released from the hospital and returned to his cell.
According to the doctors, "he did not have a heart attack."
Salem said that Nour insists that he did have a heart attack,
and did not receive adequate medical treatment. A clearly
frustrated Salem noted "it is difficult to know what really
happened," but commented that Nour sometimes "exaggerates"
his health problems.


SCOBEY