Identifier
Created
Classification
Origin
09KABUL309
2009-02-10 12:41:00
CONFIDENTIAL
Embassy Kabul
Cable title:  

KABUL APPEALS COURT AGAIN DELAYS DECISION IN DARI

Tags:  PREL PHUM PGOV AF 
pdf how-to read a cable
VZCZCXRO7301
PP RUEHPW
DE RUEHBUL #0309/01 0411241
ZNY CCCCC ZZH
P 101241Z FEB 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 7324
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 KABUL 000309 

SIPDIS

STATE FOR SCA/FO, SCA/A, S/CRS, DRL, INL
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: 2/09/2019
TAGS: PREL PHUM PGOV AF
SUBJECT: KABUL APPEALS COURT AGAIN DELAYS DECISION IN DARI
KORAN CASE

REF: 08KABUL2833

Classified By: Political Counselor Alan Yu for reasons 1.4 (B) and (D)

-------
Summary
-------

C O N F I D E N T I A L SECTION 01 OF 02 KABUL 000309

SIPDIS

STATE FOR SCA/FO, SCA/A, S/CRS, DRL, INL
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: 2/09/2019
TAGS: PREL PHUM PGOV AF
SUBJECT: KABUL APPEALS COURT AGAIN DELAYS DECISION IN DARI
KORAN CASE

REF: 08KABUL2833

Classified By: Political Counselor Alan Yu for reasons 1.4 (B) and (D)

--------------
Summary
--------------


1. (C) Most observers expected the Kabul Appeals Court to
rule February 8 on the appeal of two individuals sentenced to
20-year prison sentences for publishing a Dari translation of
the Koran without accompanying Arabic verses. The session
ended without decision, and the presiding judge scheduled
another hearing for next week. The prosecutor in the case
has been pushing the judge to up the sentence to the death
penalty while the defense lawyers are arguing for acquittal.
Most expect the ultimate decision will be an affirmation of
the 20-year sentences, but competing outside pressures appear
to be hamstringing the court on making a decision.

--------------
The February 8 Court Proceeding
--------------


2. (U) On February 8 the Kabul Appeals Court again postponed
ruling on the appeal of Ghows Zalmai and Mullah Qari Mushtaq,
requested two additional witnesses, and scheduled the next
hearing for February 15. In September 2008 a Kabul primary
court sentenced Zalmai, a former journalist and spokesman for
the Attorney General, and Mushtaq, a religious scholar, to 20
years imprisonment for publishing and distributing a Dari
version of the Koran without side-by-side Arabic verses.


3. (C) The appeals court has conducted five hearings,
questioned the defendants, heard arguments, and made no
progress towards adjudication. The court adjourned each
hearing promptly at noon, sometimes in mid-sentence. The
repeated unnecessary delays show the court intends to prolong
the appeal to avoid angering either religious hard-liners, by
reducing the sentences, or the international community, by
affirming the primary court or ordering the death penalty, as
the prosecutor has requested.


4. (SBU) During the February 8 proceeding, the judge did not
touch on the issue of the accuracy of the translation, but
rather, focused on the defendants' failure to include Arabic
beside the Dari translation. He accused Zalmai of
"modifying" the Koran, arguing Zalmai's actions constituted
acting as if he were the prophet Mohammed. Zalmai apologized
repeatedly, reiterating he was a Muslim and emphasizing he
had not intended to cause offense. Mushtaq claimed he had
not reviewed the book prior to its publication and
dissemination, an assertion Zalmai disputed.


5. (C) Toward the end of the 90-minute proceeding, an
associate judge read statements from two witnesses claiming
Mushtaq asked for donations to publish the Dari-language
Koran during a Kabul mosque prayer service. The chief judge
declared these witnesses would have to testify in person and
adjourned the hearing for one week. Later, the National
Directorate of Security (NDS) Prosecutions Chief, Noorullah,
said NDS would guarantee these two witnesses' presence at the
next hearing. He declined to speculate whether the
additional testimony would allow the judge to reach a
decision. A more thorough understanding of the facts would
be required, he said. The Ulema Council had also pressed NDS
and the Attorney General's office to resolve the case,
Noorullah added.

--------------
Political Undercurrent
--------------


6. (C) This case, like that of Sayad Perwez Kambakhsh,
(reftel),is hardly divorced of political influence. The
Afghan Independent Human Rights Commission (AIHRC) religious
advisor told poloff Sharia law does not allow punishment in
cases where the accused publicly apologizes, as Zalmai
repeatedly has. Most expect the ultimate decision will be an
affirmation of the 20-year sentences, yet the judge (who
sentenced Kambakhsh to 20 years imprisonment) appears intent
on delaying this decision as long as possible. Whenever the
judge does issue a decision, the case will go to the Supreme
Court, the final stage of the appeals process. European
diplomatic missions are considering making a public statement
criticizing the continued judicial inaction. Embassy

KABUL 00000309 002 OF 002


continues to advocate a private approach endorsed by the
AIHRC, raising the issue in bilateral meetings with Afghan
officials.
WOOD