VZCZCXRO6735
RR RUEHAG RUEHDF RUEHIK RUEHLZ RUEHPW RUEHROV
DE RUEHBUL #1924/01 2080726
ZNR UUUUU ZZH
R 260726Z JUL 08
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC 4876
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUEHNY/AMEMBASSY OSLO 0561
RUCNDT/USMISSION USUN NEW YORK 4415
RUEHGV/USMISSION GENEVA 6738
RUEKJCS/JOINT STAFF WASHINGTON DC
RHMFIUU/HQ USCENTCOM MACDILL AFB FL
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RUEKJCS/SECDEF WASHINGTON DC

UNCLAS SECTION 01 OF 02 KABUL 001924 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/A, DRL/NESCA 
NSC FOR WOOD 
OSD FOR SHIVERS 
CENTCOM FOR CG CJTF-101 POLAD 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL AF EU
SUBJECT: FOREIGN PRESSURE BACKFIRES ON KAMBAKHSH APPEAL 
 
REF: A. KABUL 207 
     ¶B. KABUL 310 
 
¶1. (SBU) SUMMARY.  European governments are rethinking their 
strategy of pressuring President Karzai directly in support 
of Sayad Parwez Kambakhsh, who is appealing his death 
sentence for distributing literature found by a local court 
to be offensive to Islam (ref A).  With many observers 
pessimistic Afghan courts will rule in favor of Kambakhsh 
against the will of conservative religious leaders, human 
rights advocates are looking for more discreet ways to 
communicate concerns to GIRoA officials, a method we have 
employed from the outset (ref B).  Karzai will be reluctant 
to seem excessively attentive to foreigners in the long 
run-up to next year's elections.  We will continue to 
privately register our reservations about the 
constitutionality of the case with Afghan officials. 
 
A Lower Profile Approach 
-------------------------------- 
 
¶2. (SBU) Karzai is unlikely to intervene in a trial many see 
as politicized in favor of religious conservatives, who 
continue to agitate for swift and deadly justice for the 
accused university student.   At the most recent appeals 
court hearing June 15 in Kabul, the judge reportedly played 
the role of an aggressive prosecutor and waved off the 
defense attorney's attempts to explain technology concepts at 
the heart of the case, such as internet downloads and email. 
The trial is on hold while witnesses are brought from Balkh 
province to testify in the capital, but could finish by the 
end of summer. Presuming a confirmation of the original 
guilty verdict, the Supreme Court would then review the case. 
 
¶3. (SBU) European diplomats in Kabul say Karzai had made 
promises to their capitals leading up to the June Paris 
Conference to ensure a fair trial and protections for freedom 
of expression and the media.  However, as demands from 
Europe, where Kambakhsh is a cause celebre, increased, Karzai 
became annoyed at the high-pressure, public lobbying. 
Officials at the Afghan Independent Human Rights Commission 
(AIHRC) say members of the national Ulema Council 
precipitated a backlash against perceived outside meddling in 
a domestic issue and Karzai tuned out his foreign 
interlocutors.  Ulema Council members have told him, "If you 
don't kill Kambakhsh, we will." 
 
¶4. (SBU) At a recent AIHRC meeting with international human 
rights watchers, European and UNAMA representatives decided 
to take a lower profile role in their advocacy for Kambakhsh, 
relying less on high-profile statements from officials and 
celebrities and more on supporting the work of Afghan human 
rights NGOs.  With subtle support from their international 
counterparts, Afghan chapters of the International Federation 
of Journalists and International PEN have begun campaigns 
using the Kambakhsh trial to highlight issues of free 
expression and free media for domestic audiences. 
Journalists and human rights activists presented petitions in 
support of Kambakhsh to provincial leaders July 8 in at least 
15 provinces, a not-inconsequential effort given the death 
threats outspoken Kambakhsh supporters have received from 
religious extremists. 
 
The Death Warrant Isn't Signed Yet 
------------------------------------------- 
 
¶5. (SBU) The Europeans' decision to tone down their public 
advocacy for Kambakhsh's release may be more productive in 
promoting rule of law and good relations with the West. 
Europeans had put themselves in a difficult position -- in 
general supporting the independence of Afghan courts while 
lobbying Karzai to interfere in a case when they disagreed 
with the likely outcome.  Religious conservatives here 
exploited the contradiction to convince Karzai not to 
intervene.  A quieter approach focusing on constitutionality, 
as we have used, may allow Afghan courts, however flawed, to 
 
KABUL 00001924  002 OF 002 
 
 
reach their own conclusions and while respecting the judicial 
process. 
 
¶6. (SBU) Although the current appeals court trial may end 
with a confirmation of the guilty verdict and death penalty, 
this process is far from over.  Indications of irregularities 
in the trials open the door for the Supreme Court or Karzai 
himself, who is ultimately mindful of international opinion, 
to use legal technicalities or a more moderate interpretation 
of sharia law to bring the case to a conclusion in line with 
international standards and the scope of the Afghan 
Constitution. 
 
WOOD