PYRRHIC VICTORY: DAMASCUS DECLARATION MEMBERS

S E C R E T SECTION 01 OF 02 DAMASCUS 000757

SIPDIS

PARIS FOR WALKER; LONDON FOR TSOU

E.O. 12958: DECL: 10/29/2018
TAGS: PGOV PHUM PREL SY KDEM
SUBJECT: PYRRHIC VICTORY: DAMASCUS DECLARATION MEMBERS
RECEIVE TWO AND A HALF YEAR JAIL SENTENCE

REF: A. 07 DAMASCUS 1170

B. DAMASCUS 00061

C. DAMASCUS 00066

D. DAMASCUS 00176

E. DAMASCUS 00224

Classified By: CDA Maura Connelly for reasons 1.4 paragraphs b and d.


1. (SBU) This is an Action Request. Please see paragraphs
9-10.


2. (C) Summary: Syrian human rights activists and the
international community representatives crowded the October
29 sentencing hearing for 12 members of the Damascus
Declaration National Council (DDNC). The First Criminal
Court of Damascus sentenced each defendant to two and a half
years in prison, including time served. Post includes an
action request for a Department statement. End Summary.

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SENTENCING
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3. (SBU) On October 29, the First Criminal Court of Damascus,
Judge Muhiydin Hallak presiding, sentenced all 12 National
Council detainees to two and a half years in prison on two
charges: "demeaning national sentiment and state dignity,"
and "spreading false news." (Note: Time already served will
be counted. Some detainees have been in custody since
December 10, 2007) The 12 are Mohammed Yasser al-Eitti,
Akram al-Bunni, Jaber al-Shoufi, Ahmad Toma, Fidaa
al-Hourani, Ali Abdullah, Walid al-Bunni, Fayiz Sara,
Mohammad Hajj Darwish, Marwan al-Esh, Talal Abu Dan, and Riad
Seif (reftel A, B, C, & D).


4. (SBU) All the defendants were present in the courtroom
except Fidaa al-Hourani, who was kept in a separate room.
All appeared in good health. From the holding cage, most
were able to freely talk with their lawyers, family, and
friends. Following the judge's announcement of the sentence,
the packed room rose to its feet in thunderous applause as
the defendants raised their arms and cried out "Long live
Syria; long live our home land." Courtroom guards did not
interfere with the audience or the prisoners as they called
out to one another and clasped hands. Aref Dalila, a former
prisoner of conscience who was only recently released,
attended the hearing, much to the expressed surprise and
delight of many in the audience.


5. (SBU) Originally, the 12 faced a range of felony and
misdemeanor charges, the worst of which included "undermining
national unity" and "forming a secret organization that aims
to change the state structure" (reftel C & F). The court,
however, reduced the original felony charges to misdemeanors.
It then sentenced everyone to three years, but immediately
commuted the sentence to 30 months. In accordance with Syrian
law, detainees who serve three quarters of their sentence
with good behavior are eligible for a suspension the
remaining time, meaning some could be released as early as a
year from now.

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Diplomatic and Human Rights Activists' Reactions
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6. (C) Diplomatic representation at the hearing included the
Canadian Ambassador, the Deputy Heads of Mission from the
British and Danish Embassies, and officers from the
Norwegian, Swedish, Finnish, Austrian, French, and German
Embassies. Following the hearing, diplomats from E.U. member
states met and agreed that the French would draft a statement
and then send it to other E.U. members for contributions and
approval. One senior E.U. diplomat told poloff that barring
serious disagreement, she expected the draft to be sent to
Brussels late afternoon or tonight (local time).


7. (C) The consensus among activists and other diplomats
following the trial was that the sentence was a small victory
for the detainees. Some had feared the final hearing might
be postponed or that the court would deal out sentences of
five or more years. The British DCM, however, told poloff
that he had heard the sentences might have been even lighter
"were it not for the alleged U.S. raid on Abu Kamal." Along
this line, family members of the detainees reportedly
expected lighter sentences as well in view of recent SARG
rapprochement with European nations.

DAMASCUS 00000757 002 OF 002




8. (S) Comment: One non-E.U. diplomat suggested that even
though E.U. representatives in Syria might "warmly argue" for
the issuance of a statement, Brussels might prove less
willing to do so. Post believes any foot-dragging may be
attributed to the new openness between European leaders and
the Asad regime. On another note, Post expects human rights
activists inside and outside Syria to condemn the verdict;
nevertheless, we believe they are mostly overwhelmed with
relief over the leniency of the sentences. End Comment.


9. (S) Action Request: Post requests that the Department make
a parallel but separate statement. Given the SARG's current
attitude toward the U.S., we deem it more prudent to align
any official statements with those of our allies, and thereby
gain a little cover for human rights activists who have been
harassed by Syrian intelligence for their relationships with
U.S. diplomats. If no such statement is forthcoming from the
E.U., Post recommends the Department make a statement on its
own. As we have reported in the past, human rights leaders in
Syria have expressed appreciation for the U.S. government's
public statements in support of internal opposition groups
and human rights activists.


10. (C) Proposed talking points.

If the E.U. issues a statement, we recommend the following:
"The United States fully supports the European Union's
condemnation of the sentencing of 12 members of the Damascus
Declaration to two and a half years in prison on October 29"
followed by the points below as relevant. Should the E.U.
decline to issue a statement, we could issue our own
statement based on the points below.

--On October 29, the Syrian Criminal Court sentenced 12
members of the Damascus Declaration National Council to two
and a half years in prison. The United States Government
believes this judgment is inconsistent with the democratic
values outlined in the Syrian Constitution.

--The United States urges the Syrian government to release
immediately the 12 DDNC members, as well as all other
political prisoners. Such an action would be consistent with
Syria's obligations to respect international human rights
standards.

--Neither the trials nor the sentencing hearing met basic
international standards for the administration of justice.
The 12 individuals had limited pre-trial access to lawyers,
suffered brutal interrogations, and faced charges that
grossly misrepresent their political activism as criminal
behavior.

--Calling for democratic reform should never be construed as
an attempt to weaken the state. On the contrary, a national
dialogue that includes healthy debate about reform goes to
the very heart of a democracy and shores up the foundations
of a state by engaging a broad spectrum of the population in
the nation,s civic life.

--According to Article 38 of the Syrian Constitution, "every
citizen has the right to freely and openly express his views
in words, in writing, and through all other means of
expression.8

--We further urge the Syrian government to cease its
intimidation, detention, and abduction of civil society and
human rights activists and to respect human rights.
CONNELLY