VZCZCXRO0660
OO RUEHROV RUEHTRO
DE RUEHKH #1036/01 2511811
ZNR UUUUU ZZH
O 081811Z SEP 09
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4392
INFO RUCNIAD/IGAD COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RHMFISS/CJTF HOA

UNCLAS SECTION 01 OF 02 KHARTOUM 001036 
 
NSC FOR MGAVIN, LETIM 
DEPT PLS PASS USAID FOR AFR/SUDAN 
ADDIS ABABA ALSO FOR USAU 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM KDEM SU
SUBJECT:  Sudanese Opposition to Use Lubna Hussein Trial as Rallying 
Point Against Public Order Law 
 
REF: A) KHARTOUM 1150 B) Khartoum 888 C) KHARTOUM 870 D) Khartoum 
1020 
¶1. (SBU) Summary: Lubna Hussein, accused of violating article 152 of 
Sudanese criminal code (indecent dress), was tried and convicted on 
September 7 in a proceeding at which she was not given an 
opportunity to enter a plea or to call witnesses in her defense. 
Mrs. Hussein, who was sentenced to pay a fine or serve a month-long 
jail term, chose incarceration, but was released on September 8 when 
the head of the Sudanese Journalists' Union, without Mrs. Hussein's 
consent, paid her fine.  Forty-five bystanders waiting outside the 
trial were arrested under criminal provisions against rioting, then 
released.  Dr. Miriam Sadiq, an Umma Party leader, said opposition 
parties would use the case to rally support for repeal of the Public 
Order Law.  END SUMMARY. 
Judge Conducts Truncated "Trial" 
-------------------------------- 
¶2. (SBU) Canadian Charge D'affaires, who attended the trial, told 
DCM that Judge Mutdhar El-Rasheed moved directly and unexpectedly 
from the pretrial phase, during which he heard statements from the 
prosecutor and police witnesses, to sentencing, without allowing 
Mrs. Hussein the chance to enter a plea or call witnesses in her 
defense.  Canadian Charge also remarked that police testimony 
against Mrs. Hussein appeared to be rehearsed, and was full of 
contradictions on basic facts.  He was most disturbed by the fact 
that the court ruled against diplomatic immunity for Mrs. Hussein 
without allowing the United Nations, for which Mrs. Hussein worked 
as a Public Affairs Officer, to present arguments that she indeed 
had such immunity.  He noted that this does not bode well either for 
other UN locally engaged staff or those employed at diplomatic 
missions. 
Hussein Unexpectedly Released 
----------------------------- 
 
¶3. (SBU) After announcing the guilty verdict, the judge sentenced 
Mrs. Hussein to pay a 500 SDG fine or to spend a month in jail. 
Mrs. Hussein opted not to pay the fine, and to spend the month in 
prison.  However, on September 8, she was released from prison for 
unknown reasons.  The head of the Sudanese Journalists' Union made a 
statement to BBC that he had paid the 500 SDG fine on Mrs. Hussein's 
behalf.  In response to his claim, Mrs. Hussein held an impromptu 
press conference in which she stated that she had been released from 
prison against her will, and without having seen any documentation 
that the fine had been paid.  Prominent local physician Dr. Nahed 
Toubia, a supporter of Mrs. Hussein, told Poloff on September 8 that 
the man who claimed to have paid the fine was a "puppet of the 
Government." 
Peaceful Protesters Arrested, Released 
-------------------------------------- 
 
¶4. (SBU) Of the approximately 150 bystanders who waited outside the 
court during Mrs. Hussein's trial, forty-five were arrested by riot 
police.  Dr. Toubia, who was among those arrested, told Poloff the 
protests were peaceful and quiet, despite intentional provocation 
from courthouse security.  "They called us prostitutes and other 
names," Dr. Toubia explained, "but we did not react."  Dr. Toubia 
said that there were not enough police vehicles to remove all of the 
protesters, so the forty-five who were arrested volunteered to get 
into the single vehicle.  The group included civil society leaders 
and nine prominent journalists. 
¶5. (SBU) After spending several hours in jail, Dr. Toubia said those 
those arrested were told that Vice President Taha wished to pardon 
them for their crime.  According to Dr. Toubia's account, they 
refused the offer.  No bail was posted, but all were quietly 
released by authorities less than an hour after the trial concluded. 
 Dr. Toubia said that authorities claimed that someone had paid bail 
on behalf of the protesters. 
¶6. (SBU) Umma Party Representative Dr. Miriam Sadiq told Poloff on 
September 8 that she had signed a guarantee that those arrested 
would appear at trial.  According to Dr. Sadiq, all had been charged 
with "rioting" under Article 77 of Sudanese criminal code. 
Opposition Rallies Support Against Public Order Law 
--------------------------------------------- ------ 
 
¶7. (SBU) Dr. Miriam Sadiq, speaking on behalf of the Umma Party, 
told Poloff on September 8 that opposition parties and civil society 
leaders intend to use Mrs. Hussein's cause as a rallying point for a 
campaign against the Public Order Law.  Dr. Sadiq characterized the 
trial of Mrs. Hussein as one of many examples of gender-based 
harassment sanctioned by Sudanese law.  "Protests will continue 
until the Public Order Law is repealed," Dr. Sadiq promised. 
 
¶8. (SBU) Comment: Senior government officials are embarrassed by 
Mrs. Hussein's widely-publicized trial (ref. D).  In a textbook 
exercise of civil disobedience, Mrs. Hussein appears to have trumped 
all of the Government's attempts to sweep her case under the rug. 
In the past, others suffering similar treatment have been persuaded 
 
KHARTOUM 00001036  002 OF 002 
 
¶1. (SBU) Summary: Lubna Hussein, accused of violating article 152 of 
Sudanese criminal code (indecent dress), was tried and convicted on 
September 7 in a proceeding at which she was not given an 
opportunity to enter a plea or to call witnesses in her defense. 
Mrs. Hussein, who was sentenced to pay a fine or serve a month-long 
jail term, chose incarceration, but was released on September 8 when 
the head of the Sudanese Journalists' Union, without Mrs. Hussein's 
consent, paid her fine.  Forty-five bystanders waiting outside the 
trial were arrested under criminal provisions against rioting, then 
released.  Dr. Miriam Sadiq, an Umma Party leader, said opposition 
parties would use the case to rally support for repeal of the Public 
Order Law.  END SUMMARY. 
Judge Conducts Truncated "Trial" 
-------------------------------- 
¶2. (SBU) Canadian Charge D'affaires, who attended the trial, told 
DCM that Judge Mutdhar El-Rasheed moved directly and unexpectedly 
from the pretrial phase, during which he heard statements from the 
prosecutor and police witnesses, to sentencing, without allowing 
Mrs. Hussein the chance to enter a plea or call witnesses in her 
defense.  Canadian Charge also remarked that police testimony 
against Mrs. Hussein appeared to be rehearsed, and was full of 
contradictions on basic facts.  He was most disturbed by the fact 
that the court ruled against diplomatic immunity for Mrs. Hussein 
without allowing the United Nations, for which Mrs. Hussein worked 
as a Public Affairs Officer, to present arguments that she indeed 
had such immunity.  He noted that this does not bode well either for 
other UN locally engaged staff or those employed at diplomatic 
missions. 
Hussein Unexpectedly Released 
----------------------------- 
 
to let their cases quietly fade from public view.  Mrs. Hussein and 
her opposition supporters seem determined not to allow that to 
happen again.  END COMMENT.