SARG BEGINS TRIAL OF 12 DAMASCUS DECLARATION

C O N F I D E N T I A L SECTION 01 OF 03 DAMASCUS 000539

SIPDIS

DEPARTMENT FOR NEA/ELA
NSC FOR GAVITO/SINGH/ABRAMS
PARIS FOR JORDAN; LONDON FOR TSOU

E.O. 12958: DECL: 08/01/2028
TAGS: PGOV PHUM PREL SY
SUBJECT: SARG BEGINS TRIAL OF 12 DAMASCUS DECLARATION
LEADERS

REF: A. DAMASCUS 271

B. DAMASCUS 224

C. DAMASCUS 176

D. DAMASCUS 66

Classified By: Pol/Econ Chief Tim Pounds, for reasons 1.4 b/d.


1. (U) This is an action request. See para 15-16.


2. (C) Summary: The trial of twelve members of the Damascus
Declaration National Council (DDNC) Secretariat began July 30
in front of courtroom packed with diplomats, press, family
members, and civil society activists. The presiding judge
charged the DD members with a variety of crimes against the
state and allowed each defendant to respond to the charges
against them. Some observers, pointing to the trial judge's
willingness to let the prisoners speak freely and the SARG's
recent release of several human rights advocates in unrelated
cases, argue the SARG may be trying to avoid the appearance
of punishing the accused unjustly. Others described the
trial as "nothing new." Given Bashar's stubborn resistance
to repeated calls by Western countries to release prisoners
of conscience in Syria, we believe a coordinated approach
with European partners remains the best way to pressure the
SARG. The trial is scheduled to continue on August 26. End
Summary.

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Largest Group Trial Since 2001 Damascus Spring
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3. (SBU) On July 30, 12 members of the DDNC Secretariat stood
behind bars in front of three judges and some 150 observers,
family members, activists, and diplomats to hear charges
brought against them. The defendants appeared to be in good
spirits, albeit tired. They occasionally waved to their
friends and family members in the gallery. The defendants
were allowed to make statements after the charges were read
by the judge. Statements made by Riad Seif and Talal Abu Dan
drew the most attention for their insistence that the DD and
the pursuit of a more democratic government in Syria
strengthens, rather than weakens the nation.


4. (SBU) DD members face charges of "spreading false
information which weakens the morale of the nation and
national sentiment; joining a secret organization with the
aim of modifying the nation's political and economic status;
inciting racial and sectarian dissent; and harming the
state." On average, convictions for these crimes run a
minimum sentence of five years. One contact said DD
prisoners would likely receive five year sentences "as
usual," commenting that most human rights and civil society
activists had received similar sentences.

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Democracy Wanted, but Regime Required
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5. (C) Without exception, the defendants' remarks were
focused carefully on their desire for peaceful democratic
transition and the regime's participation in bringing
democracy to Syria. Seif refuted the charges of attempting
to weaken the morale of the nation and national sentiment by
arguing "democracy is the best means to strengthen the state
and the people of Syria." He made references to the
successful democratic transitions by the people of Eastern
Europe and noted their social benefits from democratic
reform.

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Mixed Signals
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6. (C) Some observers noted the "fair" demeanor of the
presiding judge towards the defendants as a sign of possible
SARG "opening" to the civil society community. After each
defendant spoke, the judge ordered the court reporter to
write in the record that the defendants did not call for
overthrowing the regime. The gesture, however small, drew
compliments from observers and was regarded as "positive
step" and suggested the possibility that the regime was not
seeking to punish the DD members unjustly. (Note: A
pre-trial hearing two weeks ago generated buzz because many
took the judge's decision to allow family members to spend

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time with the DD prisoners after the proceedings.)


7. (C) According to a statement regarding the trial made by
the DDNC, "there are hints of an opening in the regime's
foreign policy, but these gestures alone are not reliable
unless they reflect internal policy changes." While many
observers and contacts remain optimistic about SARG opening
politically, the SARG has not made any concrete policy steps
that indicate a tilt towards civil society and human rights
in Syria.


8. (C) During a meeting with DD leader Riad Turk (strictly
protect) before the trial, he expressed cautious optimism
that the SARG's foreign policy advances towards Israel and
the West could translate into greater political freedom and
democracy in Syria. According to Turk, Asad's diplomatic
endeavors on the Golan track, the Doha Accords, and further
engagement with the West would eventually create a "general
atmosphere of freedom." However, Turk cautioned that despite
these rosy projections, the regime was still totalitarian and
therefore unwilling to allow government reforms that could
potentially empower the opposition.


9. (C) Opposition activist Fawaz Tello (protect) offered
dissenting opinions on the positive signals during the trial.
He said, "the trial is the same comic play with the same
tragic results," and refuted some of his colleagues' notions
that the public trial demonstrated the SARG's acceptance of
rule of law and transparency. He noted every time Syria
succeeded in eroding international efforts to isolate the
regime, Bashar typically cracked down on civil society
activists, as he did in 2001 against groups participating the
Damascus Spring, and again in December 2007-January 2008 as
France and other countries engaged Damascus. The regime was
able to get away with this behavior due to its tight control
of all media outlets and other forms of communication, Tello
argued.

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A House Divided?
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10. (C) Before and after the trial, human rights and civil
society contacts commented on media reports regarding the
high profile July 28 release of Damascus Declaration member
Hassan Yunis Qussam and Qussam's withdrawal from the DD.
(Note: Days before the trial, the SARG released several civil
society members including two DD members, Hassan Qussam and
Mahmoud Najar, and four other non-DDNC affiliated Kurdish
prisoners. None of these detainees had been charged with a
crime.) Some sources characterized the release of these
detainees as a SARG attempt to mitigate negative
international views of the regime's human rights record.
According to contacts at the trial, the security services
pressured Qussam to renounce his DD affiliation and his
political activities in return for his safety. Qussam
attended the trial despite his vow to suspend all forms of
political and media activities. Many sources assert that the
SARG's heavy influence over media reporting of Qussam's
withdrawal from the DD points to a likely regime attempt to
drive a wedge among DD members.


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Some Detainees Face Grave Medical Conditions
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11. (C) In a pre-trial meeting with the lawyer of DD detainee
Aaref Daliah, we learned Daliah was in grave medical
condition and had been moved from solitary confinement at the
Adra state security facility to a security facility in the
Kafer Sussa suburb of Damascus. According to the lawyer, the
regime is considering releasing Daliah on the condition that
he not speak out against Asad. Also, the family of DD
detainee Kamal Labwani approached us during the trial to
inquire about USG assistance for treating Labwani's advanced
prostate cancer. According to his relatives, he requires
immediate and high quality medical attention that Labwani is
unable to receive in prison.

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DDNC Statement Post-Trial Statement
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DAMASCUS 00000539 003 OF 003



12. (SBU) The DDNC issued a July 31 statement on the trial,
noting the "normal situation" in which defendants were
allowed to respond to charges against them. It called the
arrests of the DDNC members "illogical and extraordinary,"
and demanded the immediate release of DD prisoners and all
previous political prisoners, including Daliah and Michel
Kilo. The statement also stated, "the prevailing security
mentality that dominates the regime's policies toward people
and society confiscates freedom and violates human rights."

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Diplomatic Reactions
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13. (C) Representatives from Spain, German, France, the
Netherlands, and Canada attended the trial. Contacts in the
EU embassies told us that no statements would be made by
their capitals at this time. However, there was talk of the
possibility that the French was deliberating whether to issue
a statement as holder of the EU Presidency.


14. (C) Comment: The recent release of Qussam and other
human rights advocates may represent a SARG effort to respond
positively to French requests for a Syrian gesture on human
rights. However, given Asad's stubborn, long-term resistance
to releasing the DDNC leaders now on trial, we doubt
seriously that these gestures portend a more tolerant Syrian
posture toward democracy advocates. We believe the SARG will
read the absence of statements by the U.S. and Europeans as a
signal that they value engagement with the regime more than
the principle of human rights. A coordinated effort among
the U.S. and European countries on this issue remains the
best option to pressure the regime. At the very least,
coordinating now will help pave the way for a more unified
response when/if the trial ends in a conviction and stiff
sentences.


15. (C) Action request: Post recommends Washington consider
consulting European partners on the possibility of making
public statements and diplomatic approaches to the SARG
calling for immediate release of political prisoners, many of
whom are in dire health and in need of urgent medical care.


16. (C) Action request continued: Post recommends that a
statement from Washington include the following themes:

-- We again condemn the arrest and trial of DDNC members and
call for the immediate release of all prisoners of conscience
in Syria, many of who are in poor health and in need of
urgent medical care.

-- The SARG's prosecution of Damascus Declaration leaders for
peaceful political expression does not meet international
legal standards. Their behavior neither intended to pose nor
posed a threat to the Syrian government or the Syrian people.

-- Rule of law in Syria is lacking. At a legal July 6-8
legal conference in Damascus in which SARG official
participated, legal experts from the Syria, Europe, and the
U.S. pointed to the absence of rule of law in Syria and the
executive's interference in judiciary proceedings as major
flaws in Syria's legal system.

-- Every country must make its own determination about
whether and how to engage Syria. However, we take issue with
President Asad's remark during his July 12-15 visit to Paris
that "Syrian policy has not changed; rather, everyone else's
policy has changed." On the subject of human rights, we
firmly
remain and call on others to remain committed to the
principles of free speech and association. How a government
treats its citizens remains a criterion for the type of
relationship we will seek with it.

CORBIN