DAMASCUS LAWYERS' SYNDICATE DISBARS MUHANAD

C O N F I D E N T I A L DAMASCUS 000787 SIPDIS DEPARTMENT FOR NEA/ELA, DRL/NESCA LONDON FOR LORD, PARIS FOR NOBLES E.O. 12958: DECL: 11/10/2019 TAGS: PHUM PGOV KDEM KMPI KPAO SOCI SY SUBJECT: DAMASCUS LAWYERS' SYNDICATE DISBARS MUHANAD AL-HASANI REF: A. DAMASCUS 00734 ¶B. DAMASCUS 00604 ¶C. DAMASCUS 00534 Classified By: CDA Charles Hunter for reasons 1.4 (b) and (d) ¶1. (C) Summary: Despite swirling rumors that the Damascus Lawyers' Syndicate would suspend disbarment procedures against imprisoned human rights lawyer Muhanad al-Hasani, the Syndicate voted to cancel Hasani's license on November 10. The decision can be appealed, though it remains to be seen whether Hasani will permit his lawyers to pursue such a course. In addition to the large presence of Syrian civil society activists on hand to witness the event, the lawyer Nasser Amin, a representative of the International Bar Association (IBA),also attended. End Summary. -------------- Hasani Disbarred -------------- ¶2. (SBU) In a closed-door session to which only two of Hasani's lawyers, Hasan Abdul Azim and Daad Musa, were granted entrance, the governing board of the Damascus Lawyers' Syndicate, chaired by Judge Mohammad Jihad al-Laham, voted to disbar human rights lawyer Muhanad al-Hasani for (1) operating an NGO without a license; (2) spreading false information; and (3) using his status as a lawyer to monitor and publish information on the State Security Court without authorization from the Syndicate (ref B). (Note: one of Hasani's other lawyers, Haitham al-Maleh, was arrested last month and is now also being represented by Hasan Abdul Azim. End note.) ¶3. (C) Hasani will remain in Adra prison until a verdict is passed in his criminal trial, which has not yet begun. The chief prosecuting judge on October 4 rejected the defense lawyers' appeal that Hasani be released on bail, despite Nasser Amin's lobbying efforts during an earlier visit to Damascus. ¶4. (C) Daad Musa reported that after the Syndicate pronounced its judgment, the judges informed Hasani he could appeal his case to the Syrian Lawyers' Syndicate (same building, different floor). Azim replied he would do so, but a distraught and flustered Hasani, according to Musa, interjected that he did not want to pursue any such course of action. Musa speculated that when Hasani calmed down, he would reconsider his stance on the appeal. Hasani's case represents the first disbarment, according to Musa, in over twenty years. -------------- Status of Criminal Case -------------- ¶5. (C) Hasani's criminal file was recently transfered to the First Criminal Court. Hasan Abdul Azim, however, has appealed to the Cassation Court for the transfer to be rendered null and all charges dropped. The appeal is still pending. This is the first major step for the defense since September 29, when the chief prosecuting judge of the criminal court, Ahmad Sayed Hassan, held a closed-door pre-trial hearing with Hasani, Azim, Maleh (who was free at the time),Daad Musa, and Nasser Amin. ¶6. (SBU) During the meeting with Judge Hassan, Hasani's representatives requested and received a list of the alleged crimes that had led to Hasani's arrest (the associated Penal Code articles remain unknown). According to the judge, Hasani's charges would be based on the following state security citations: (1) operating an unlicensed NGO; (2) monitoring and publishing Internet reports on State Security Court hearings without authorization from the Lawyers' Syndicate or the defendants; (3) drafting and distributing reports on human rights in Syria; (4) receiving financial support from the Egyptian NGO al-Andalus, which has "connections" to the U.S.; (5) hosting meetings of the Damascus Declaration and the Democratic National Front in his office; (6) having links to the oppositionist National Salvation Front; (7) passing a letter from jailed dissident Kamal Labwani to an individual outside the country; (8) maintaining links to a political opposition member in the U.S. ¶7. (C) Comment: Muhanad al-Hasani's disbarment may not accurately predict the criminal trial's outcome, but we suspect the worst, especially given the recent arrest of Hasani's lawyer and fellow human rights activist Haitham al-Maleh. Disbarring Hasani in advance of a criminal trial, while the legal prerogative of the Syndicate, has struck many observers as evidence of powerful pressure from the state security service. Especially disheartening for many is how closely the Syndicate's charges reflect the criminal charges upon which no finding has been made. End comment. HUNTER