Identifier
Created
Classification
Origin
08KABUL2833
2008-10-23 04:17:00
CONFIDENTIAL//NOFORN
Embassy Kabul
Cable title:
IC REVIEWS INTERIM APPROACH TO KAMBAKHSH CASE
how-toVZCZCXRO2050 PP RUEHPW DE RUEHBUL #2833 2970417 ZNY CCCCC ZZH P 230417Z OCT 08 FM AMEMBASSY KABUL TO RUEHC/SECSTATE WASHDC PRIORITY 5940 INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY RUEAIIA/CIA WASHINGTON DC PRIORITY RHEFDIA/DIA WASHINGTON DC PRIORITY RUEKJCS/OSD WASHINGTON DC PRIORITY RUEKJCS/SECDEF WASHINGTON DC PRIORITY RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY RHMFISS/HQ USCENTCOM MACDILL AFB FL PRIORITY
C O N F I D E N T I A L KABUL 002833
SENSITIVE
SIPDIS
STATE FOR SCA/FO, SCA/A, S/CRS
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR JWOOD
OSD FOR MCGRAW
CG CJTF-101, POLAD, JICCENT
E.O. 12958: DECL: 10/22/2018
TAGS: PGOV PHUM AF
SUBJECT: IC REVIEWS INTERIM APPROACH TO KAMBAKHSH CASE
REF: A. KABUL 310
B. KABUL 2173
Classified By: S. Nichols, Reason 1.5 (b) and (d)
C O N F I D E N T I A L KABUL 002833
SENSITIVE
SIPDIS
STATE FOR SCA/FO, SCA/A, S/CRS
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR JWOOD
OSD FOR MCGRAW
CG CJTF-101, POLAD, JICCENT
E.O. 12958: DECL: 10/22/2018
TAGS: PGOV PHUM AF
SUBJECT: IC REVIEWS INTERIM APPROACH TO KAMBAKHSH CASE
REF: A. KABUL 310
B. KABUL 2173
Classified By: S. Nichols, Reason 1.5 (b) and (d)
1. (C) Afghan and international media widely reported that
the Kabul appellate court on October 21 sentenced Sayad
Parwez Kambakhsh to 20 years of imprisonment, vice an earlier
sentence of death, for distributing literature found by a
local court to be offensive to Islam (REF A.) On the margins
of an October 22 meeting with Ambassadors on other topics, UN
SRSG Kai Eide expressed his intention to again privately
engage President Karzai and the Chief Justice on the
Kambakhsh case. The SRSG acknowledged that while the defects
of the process, the merits of the case, and international
public opinion all create pressure for a public response to
media inquires, the case will again go to appeal, and that
public international pressure is likely to work against
rather than in favor of a suitable resolution. The Canadian
Ambassador noted that Karzai's advisors say they do not
expect the 20-year sentence to stand. (Canadian and Norwegian
representatives in Kabul both have expressed a willingness to
offer Kambakhsh asylum.) The SRSG's approach gained a broad
consensus at the meeting.
2. (C) Separately, the Embassy's ROL Coordinator met with
representatives from the EC, Canada, the Netherlands, and
Italy. These diplomats report that the human rights committee
of the EU is likely to issue a vocal and political public
statement, but that Kabul-based EMBASSY representatives are
providing their capitals with guidance similar to the
consensus formed at the SRSG meeting.
3. (C) Nader Naderi of the Afghanistan Independent Human
Rights Commission (AIHRC) on October 22 confirmed that
Kambakhsh's lawyer had already filed for the next and final
round of appeal. As in REF B, the AIHRC is tracking details
of the legal proceedings. AIHRC remains very concerned that
the initial process contained flaws such as inadequate
defense advocate access to prosecution witnesses, irrelevant
testimony, and the appearance of judicial bias. Naderi
said that although AIHRC welcomed the lifting of the death
sentence, 20 years appears to be a very long term of
imprisonment.
4. (C) EMBASSY continues to pursue and recommend a private
approach, making the case to President Karzai that a 20-year
prison term is not an adequate compromise. This government
has some political constituencies who would relish an
opportunity to stand up to international pressure in defense
of Islam. For Karzai, it is to his advantage to find a way
to preempt two equally unattractive outcomes: disappointing
his international backers, or finding a request for pardon
for Kambakhsh in his inbox.
WOOD
SENSITIVE
SIPDIS
STATE FOR SCA/FO, SCA/A, S/CRS
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR JWOOD
OSD FOR MCGRAW
CG CJTF-101, POLAD, JICCENT
E.O. 12958: DECL: 10/22/2018
TAGS: PGOV PHUM AF
SUBJECT: IC REVIEWS INTERIM APPROACH TO KAMBAKHSH CASE
REF: A. KABUL 310
B. KABUL 2173
Classified By: S. Nichols, Reason 1.5 (b) and (d)
1. (C) Afghan and international media widely reported that
the Kabul appellate court on October 21 sentenced Sayad
Parwez Kambakhsh to 20 years of imprisonment, vice an earlier
sentence of death, for distributing literature found by a
local court to be offensive to Islam (REF A.) On the margins
of an October 22 meeting with Ambassadors on other topics, UN
SRSG Kai Eide expressed his intention to again privately
engage President Karzai and the Chief Justice on the
Kambakhsh case. The SRSG acknowledged that while the defects
of the process, the merits of the case, and international
public opinion all create pressure for a public response to
media inquires, the case will again go to appeal, and that
public international pressure is likely to work against
rather than in favor of a suitable resolution. The Canadian
Ambassador noted that Karzai's advisors say they do not
expect the 20-year sentence to stand. (Canadian and Norwegian
representatives in Kabul both have expressed a willingness to
offer Kambakhsh asylum.) The SRSG's approach gained a broad
consensus at the meeting.
2. (C) Separately, the Embassy's ROL Coordinator met with
representatives from the EC, Canada, the Netherlands, and
Italy. These diplomats report that the human rights committee
of the EU is likely to issue a vocal and political public
statement, but that Kabul-based EMBASSY representatives are
providing their capitals with guidance similar to the
consensus formed at the SRSG meeting.
3. (C) Nader Naderi of the Afghanistan Independent Human
Rights Commission (AIHRC) on October 22 confirmed that
Kambakhsh's lawyer had already filed for the next and final
round of appeal. As in REF B, the AIHRC is tracking details
of the legal proceedings. AIHRC remains very concerned that
the initial process contained flaws such as inadequate
defense advocate access to prosecution witnesses, irrelevant
testimony, and the appearance of judicial bias. Naderi
said that although AIHRC welcomed the lifting of the death
sentence, 20 years appears to be a very long term of
imprisonment.
4. (C) EMBASSY continues to pursue and recommend a private
approach, making the case to President Karzai that a 20-year
prison term is not an adequate compromise. This government
has some political constituencies who would relish an
opportunity to stand up to international pressure in defense
of Islam. For Karzai, it is to his advantage to find a way
to preempt two equally unattractive outcomes: disappointing
his international backers, or finding a request for pardon
for Kambakhsh in his inbox.
WOOD