SYIAN NATIONAL COUNCIL DETAINEES REFERRED TO

C O N F I D E N T I A L DAMASCUS 000322

SIPDIS

PARIS FOR JORDAN; LONDON FOR TSOU

E.O. 12958: DECL: 05/07/2018
TAGS: KDEM PGOV PHUM PREL SY
SUBJECT: SYIAN NATIONAL COUNCIL DETAINEES REFERRED TO
CRIMINAL COURT ON FELONY CHARGES; RIAD SEIF TO HOSPITAL


Classified By: CDA Michael H. Corbin for reasons 1.4 b and d


1. (C) Summary: A Damascus judge referred founder Riad Seif
and president Fida,a Hourani along with 10 other Damascus
Declaration National Council (DDNC) detainees to Damascus
Criminal Court for felony prosecution on April 16. On April
28, their defense lawyers appealed to the Cassation Court to
reverse the judge,s decision and to release all the DDNC
detainees. DDNC senior member Riad Turk told Emboffs that it
was important to disseminate both the judge,s ruling and the
defense,s written appeal in order to show the world how
spurious the regime,s case against the DDNC detainees is.
On May 6, Riad Seif was taken to a Damascus hospital to
receive cancer treatment. End Summary.


2. (SBU) On April 16, the Damascus transfer judge Hassan Said
referred the 12 Damascus Declaration National Council (DDNC)
detainees, including founder Riad Seif and president Fida,a
Hourani, to the Criminal Court to face felony prosecution.
(Note: In the Syrian legal system the transfer judge reviews
the case put together by the government prosecutor and
decides whether and with what to charge the accused.) The
most serious of the charges included the felonies of
&undermining national unity" and "forming a secret
organization that aims to change the state structure." The
12 DDNC detainees were also charged with the misdemeanor of
&publishing false news that awakens sectarian and ethnic
discords."


3. (SBU) On April 28, defense lawyers for the 12 accused DDNC
members appealed to the Cassation Court (Syria,s highest
court) to throw out the transfer judge,s decision and
release all the detainees asserting the charges were
groundless. The defense lawyers argued three points. First,
any evidence the security services elicited from the
detainees was inadmissible in criminal proceedings under the
Syrian Constitution, which holds that the security services
are not permitted to involve themselves in criminal matters.
Second, the DDNC neither constitutes a party nor an
organization under Syrian law. Therefore, the DDNC could not
have formed a secret organization. Third, the prosecution
failed to explain how calling for democracy weakens the
state.


4. (C) In a recent conversations with Post, influential
senior DDNC member Riad Turk said that the defense lawyer,s
arguments, and the government,s accusations, should be
publicized as widely as possible to demonstrate to the world
the innocence of the DDNC detainees and the vacancy of the
regime,s case.


5. (C) According to human rights activist Razan Zeitunah,
Riad Seif was taken from Adra prison to Dar Shifa, hospital
on May 6 for cancer treatment where he remains. The
treatment is part of Seif,s on-going regimen of treatment
for his prostate cancer. Dar Shifa, hospital is a good
private hospital which has a brand new device that
administers radiation treatment, the first time such
equipment has been available in Syria, according Zeitunah.
It is unclear if the arrival of the new equipment is related
to Seif,s condition. Despite the radiation treatment, Seif
still needs more advanced treatment which is only available
in the West.


6. (C) Comment: Post believes that any attention brought to
the imprisoned DDNC members would help their situation. The
attention would be even more beneficial if it came from
non-governmental entities such as the American Bar
Association.
CORBIN