VZCZCXRO2288
PP RUEHBC RUEHDE RUEHKUK RUEHROV
DE RUEHEG #2036 1841252
ZNR UUUUU ZZH
P 031252Z JUL 07
FM AMEMBASSY CAIRO
TO RUEHC/SECSTATE WASHDC PRIORITY 5917
INFO RUEHXK/ARAB ISRAELI COLLECTIVE
RUEHEE/ARAB LEAGUE COLLECTIVE

UNCLAS CAIRO 002036 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
NSC FOR WATERS AND SINGH 
 
E.O. 12958: N/A 
TAGS: PREL PHUM KDEM EG
SUBJECT: DECISION ON AYMAN NOUR HEALTH PAROLE APPEAL DUE IN 
THREE WEEKS 
 
REF: A. CAIRO 1949 
 
     ¶B. CAIRO 1931 
     ¶C. CAIRO 1934 
     ¶D. CAIRO 1625 
 
¶1. (U) At a July 3 hearing at the State Council's 
Administrative Court, presiding judge Mohamed al Husseini 
ruled that he will issue "within three weeks" a final 
decision on imprisoned Al Ghad Party leader Ayman Nour's 
appeal for health parole.  Husseini's ruling came after over 
an hour of questioning of Nour's lawyers, before a sweaty 
courtroom packed with journalists, Nour supporters, and State 
Security personnel.  Immediately prior to Nour's appeal, the 
court heard the case of Ahmad Mazloum (a 22-year old 
imprisoned drug dealer, also appealing for health parole, 
whose case has been tied to Nour's in recent court 
deliberations).  Over the wailing of Mazloum's distraught 
mother, who had to be dragged from the courtroom, Husseini 
ruled that he would also would issue a final decision in 
Mazloum's case within three weeks. 
 
¶2. (SBU) Immediately after the hearing, poloff briefly 
discussed the ruling with Gameela Ismail (Nour's wife), Amir 
Salem (Nour's lawyer), and Ehab al Khouly (current head of Al 
Ghad Party).  All were disappointed by the delay, but 
cautiously hopeful about Husseini's forthcoming decision. 
Salem noted that "it seems the judge wants to take the time 
to really think through the case, and draft a detailed and 
considered opinion," but was also concerned that Husseini may 
take longer than three weeks to issue a final ruling. 
 
¶3. (SBU) The July 3 ruling comes on the heels of a July 2 
State Council hearing in a separate but related lawsuit 
concerning the appropriate court to rule on Nour's appeal for 
health parole.  On June 25, the Egyptian State Lawsuits 
Authority filed a suit contesting the jurisdiction of the 
Administrative Court over Nour's case, arguing instead that 
the New Cairo Felonies Court is the appropriate body to rule 
on Nour's appeal.  The New Cairo Felonies Court is the 
judicial body which on May 31 ruled against releasing Nour on 
health grounds (ref D).  It is presided over by Judge Adel 
Abdel-Salam Goma'a, the judge who originally sentenced Nour 
in 2005, and also presided over the first two trials of 
democracy activist Saad Eddin Ibrahim in 2001 and 2002.  At 
the July 2 hearing concerning the proper jurisdiction for 
Nour's appeal, the case was delayed until September 2.  Even 
if Husseini rules in Nour's favor at the State Council's 
Administrative Court, the jurisdictional conflict will have 
to be resolved.  Our legal contacts are split over which 
court should appropriately decide Nour's fate. 
RICCIARDONE