US embassy cable - 05DAMASCUS5933

C O N F I D E N T I A L SECTION 01 OF 02 DAMASCUS 005933 
 
SIPDIS 
 
PASS TO A/S WELCH, NEA/ELA FOR MCVERRY AND SONTY, NSC 
FOR ABRAMS, POUNDS, CROUCH,AND MDOLAN, PARIS FOR ZEYA, 
LONDON FOR TSOU 
 
E.O. 12958: DECL: 11/13/2015 
TAGS: PGOV, PHUM, SY, HRCS 
SUBJECT: LABWANI ARRAIGNED ON FIVE CHARGES AND REMAINS IN 
SARG CUSTODY AS HIS POLITICAL PARTY CONTINUES TO OPERATE 
 
REF: DAMASCUS 05884 
 
Classified By: CDA Stephen Seche for reasons 1.4(b)/(d) 
 
 1.  (C) SUMMARY:  Prominent opposition figure Kamal Labwani 
was arraigned on November 12 at the Palace of Justice. 
During a two-and-a-half-hour session in  criminal court, 
Labwani was charged with two counts of slandering the country 
in the media, one count of degrading national pride in a time 
of war, one count of inciting conflict among Syria's various 
religious and ethnic groups, and one count of forming a 
secret society.  Labwani told Poloff that he had been hit 
 
SIPDIS 
four times by an Asad family associate and told "this is for 
your friends" while in Political Security custody.  Labwani 
remains in SARG custody at Aadra Prison, with his next court 
date set for November 20.  Meanwhile, Labwani's associates 
continue his political work and maintain direct contact with 
USG officials here and in Washington.  END SUMMARY. 
 
2.  (C)   Prominent human rights activist Kamal Labwani was 
arraigned on November 12 at the Palace of Justice in 
Damascus.  Poloff, together with Labwani,s wife, daughter, 
two siblings, and a number of family friends and other human 
rights figures, remained in the waiting area of the 
courthouse while Labwani and his defense team (comprised of 
prominent human rights figures Anwar al-Bunni, Muhanned 
al-Hasani, and Arab Human Rights Organization member Mohammed 
Moeni) faced questioning by a judge for two and one half 
hours.  Labwani was formally charged with three counts of 
slandering the country in the media, one count of inciting 
conflict among Syria's various religious and ethnic groups, 
and one count of forming a secret society.  According to 
Bunni and Labwani's family members, he faces a sentence of up 
to 15 years in prison if found guilty. 
 
3.  (C)  Bunni noted following the interrogation that the 
judge's questions bore little relation to the actual charges 
but were instead focused on Labwani's interactions with 
American officials during his October/November visit, his 
participation in a USG-funded Voluntary Visitor Program, as 
well as his political beliefs, which Labwani answered 
characterized defiantly as his personal opinions and not any 
basis for criminal charges.  Bunni also noted that in 
bringing criminal charges rather than security-law charges, 
the SARG was utilizing the same tactic as it had previously 
with Damascus Spring detainees Riad Seif and Mamoun al-Homsi. 
 (NOTE: Labwani was also a member of that original Damascus 
Spring group of political prisoners, but received a slightly 
shorter sentence and was released in Fall 2004.) 
 
4.   (C) LABWANI'S CONDITION: Labwani, who has been in SARG 
custody since November 8, reported to Poloff in a brief 
exchange after the hearing that he had been hit four times by 
a security official who told him "this is for your 
'friends'."  According to Hasani and Labwani,s family 
members, the detained activist had not been given food in 
four days.  Bunni noted that Labwani had endured bad 
conditions on the night of November 11/12 in an Aadra prison 
holding cell but would be given better accommodation now that 
he had been arraigned. 
 
5.  (C) LABWANI'S FAMILY GRATEFUL FOR WHITE HOUSE STATEMENT, 
REQUESTS CONTINUED PUBLIC PRESSURE 
Labwani's wife, brother, sister, and daughter all expressed 
gratitude to the USG for its continued support of Labwani, 
particularly the November 11 statement by the White House 
calling for Labwani's unconditional release and President 
Bush's mention of Labwani in his Veteran,s Day speech. 
Labwani's family asked that the USG continue its public 
campaign on his behalf, particularly calling for his welfare 
and good treatment in the prison.   Privately, the Labwani 
family is hopeful that foreign pressure will force SARG 
officials to give Labwani a cell of his own as a further 
means of improving his safety in prison.  Labwani's family 
also encouraged the USG to ask its Arab allies to apply 
pressure on the SARG on Labwani's behalf. 
 
6.  (C) Independent MP Basil Dahdouh privately praised the 
high-level USG statements on behalf of Labwani.  In his view, 
these interventions had already had a tonic effect, 
preventing any gross mistreatment and persuading the SARG to 
reduce the charges against Labwani.  Dahdouh told Polchief 
the original charges could have sent Labwani away for life, 
while under the current charges, Labwani will be subject to a 
much shorter term of imprisonment and will be eligible for 
bail. 
 
7.    (C)  MEANWHILE, LABWANI'S TEAM CONTINUES POLITICAL 
WORK:  Wisam Tarif, Labwani,s associate who accompanied him 
to Washington in November, updated Poloff November 11 on his 
continued political work on Labwani,s behalf.  He noted that 
he is circulating a petition on Labwani,s behalf, which has 
so far garnered 800 signatures, but has not yet decided 
whether or not to publish it. 
 
8.  (C)  Tarif noted that discussion continues among LDU 
associates and supporters, but that the combination of 
Labwani's arrest and President Bashar al-Asad's speech 
threatening the opposition had caused great hesitancy among 
his contacts about moving forward with public statements and 
actions.  Tarif claims that his mid- and lower-level contacts 
within the Ba,ath Party have uttered private support for 
Labwani's calls for reform.  According to Tarif, opposition 
senior statesman Riad al-Turk, who publicly called for Asad 
to resign in early November, supports Labwani privately.  An 
offering of public support by Turk is key to LDU,s continued 
work, Tarif added.  However, Turk is resentful that Labwani 
has leapfrogged over him and positioned himself as the 
pre-eminent opposition leader.  Tarif noted that five groups, 
including the London-based Muslim Brotherhood, have offered 
public words of support for Labwani. 
 
9.  (C) TARIF OFFERS ADVICE TO WASHINGTON: Tarif praised the 
USG for making a public commitment to domestic issues in 
Syria.  He emphasized the need for USG funding of the LDU's 
work and noted that he would continue discussions with USG 
officials in Washington on this subject.  He encouraged U.S. 
officials to continue dialogue with the U.S.-based Syrian 
National Council.  Tarif concluded by saying that the outcome 
of Labwani's November 20 trial will help determine what next 
steps should be taken and by whom. 
SECHE