US embassy cable - 05CAIRO5084

C O N F I D E N T I A L CAIRO 005084 
 
SIPDIS 
 
NSC STAFF FOR POUNDS 
 
E.O. 12958: DECL: 07/06/2015 
TAGS: PGOV, PHUM, KDEM, EG, Ayman Nour 
SUBJECT: EGYPT: AYMAN NOUR'S TRIAL POSTPONED TO SEPTEMBER, 
CLEARING WAY FOR PRESIDENTIAL CAMPAIGN 
 
REF: A. CAIRO 4981 
 
     B. CAIRO 4917 
 
Classified by ECPO Counselor John Desrocher for reasons 1.4 
(b) and (d). 
 
 
1. (C) Summary: At the third session of opposition leader 
Ayman Nour's forgery trial, the lawyer for defendant number 
three, Ayman Ismail Hassan, reiterated his client's 
retraction of his confession, the prosecution claimed to have 
a videotape of Nour advising a legal client to fake a torture 
injury, and the defense team motioned for more time to 
prepare their case.  Judges granted the motion, adjourning 
the proceedings until September 25.  The long delay 
apparently clears the way for Nour to pursue his presidential 
campaign in advance of the September 7 election.  Assuming 
the GOE does not find another technical reason to disqualify 
him from the race, Nour will still face an uphill battle in 
posing a credible challenge to Mubarak.  End summary. 
 
2. (C) The atmosphere at the third session of opposition 
leader Ayman Nour's forgery trial was considerably calmer 
than in previous sessions (reftels), particularly because 
Nour had urged his supporters to "boycott" the proceedings in 
protest of security forces' "excesses" during the first 
sessions.  Consequently, although large orange "Justice for 
Ayman Nour" banners still hung in front of the courthouse, 
only a relatively small number of supporters showed up on 
July 6.  Poloff, as well as diplomats from the U.K., the 
Netherlands, Sweden, Norway, and Australia, attended the 
session. 
 
3. (SBU) The lawyer for defendant number three, Ayman Ismail 
Hassan, reiterated his client's retraction of his confession, 
first presented at the June 30 session (ref A), and again 
stated that he had been coerced by prosecutors into 
confessing and agreeing to testify against Nour.  The defense 
also asked the court to provide personal protection for 
Ismail, who, his lawyer claimed, is in fear for his safety. 
Speaking to reporters after the session, a member of Nour's 
defense team claimed that without the testimony of defendant 
number three, the government's case against Nour would 
collapse. 
 
4. (SBU) The prosecution claimed to have a videotape showing 
Nour advising a client at his private law practice to make 
marks on his own back so that he could claim he was tortured. 
 The prosecution said the tape proved Nour's lack of 
integrity and his "willingness to commit forgery."  It was 
unclear who made the tape and when it was made. 
 
5. (SBU) The defense team asked the court for a delay in the 
proceedings, in order to allow more time to prepare their 
case.  After a short recess, the judges announced they were 
adjourning the trial until September 25. 
 
6. (C) Comment: The trial's adjournment, with Nour still 
released on his own recognizance, apparently clears the way 
for him to pursue his presidential campaign in advance of 
Egypt's first direct, competitive presidential election on 
September 7.  Nour, as head of a licensed political party, 
and without a conviction, should qualify to run - although 
his candidacy will still have to be approved by the newly 
formed presidential elections commission, which could 
theoretically find another technical reason to object to his 
candidacy. 
 
7. (C) Comment continued:  While Nour is the best known, best 
organized, and best-resourced of the declared opponents to 
President Mubarak, he still faces a gargantuan task in posing 
a credible challenge.  As a support vehicle, Nour's Ghad 
Party, riven by internal fractures and sapped of energy and 
resources following Nour's late January arrest, can hardly 
hope to match up to the extensive patronage networks and 
massive largesse of the ruling National Democratic Party. 
Moreover, Nour's name recognition could be as much of a drag 
as an asset on his campaign, as many in the Egyptian street 
know him only on the basis of the unfavorable coverage he and 
his legal case have received in the state media.  End comment. 
 
 
Visit Embassy Cairo's Classified Website: 
http://www.state.sgov.gov/p/nea/cairo 
 
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State Department's Classified SIPRNET website. 
 
CORBIN