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Viewing cable 08KABUL207, LOCAL COURT SENTENCES JOURNALIST TO DEATH; CASE

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Reference ID Created Released Classification Origin
08KABUL207 2008-01-24 11:22 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kabul
VZCZCXRO9982
OO RUEHIK RUEHPW RUEHYG
DE RUEHBUL #0207 0241122
ZNR UUUUU ZZH
O 241122Z JAN 08
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2505
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 4376
RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RUEKJCS/OSD WASHINGTON DC PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
UNCLAS KABUL 000207 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR SCA/FO DAS CAMP, SCA/A, 
STATE PASS TO USAID FOR AID/ANE 
NSC FOR JWOOD 
OSD FOR MSHIVERS 
CENTCOM FOR CG CJTF-82 AND POLAD 
 
E.O. 12958: N/A 
TAGS: KPOL PHUM KIRF AF
SUBJECT: LOCAL COURT SENTENCES JOURNALIST TO DEATH; CASE 
UNDER APPEAL 
 
1.  (SBU) On January 22 in a closed session, the Balkh 
provincial court sentenced 23-year old journalism student and 
reporter for the daily Jahan-e-Naw (New World) paper Sayad 
Parwez Kambaksh to death for distributing an article that 
judges said violated the tenets of Islam.  Kambaksh had been 
arrested in October 2007 for circulating (after adding his 
own comments) a document critical of women's rights under the 
Koran he had downloaded from the internet.  The case now goes 
to the first of two appeals courts, with Kambaksh remaining 
in custody during the appeals process.  There are unconfirmed 
claims the sentence followed pressure from the local Council 
of Religious Scholars.  While some local officials worked 
quietly behind the scenes to resolve the case, it threatens 
to polarize the community. 
 
2.  (SBU) According to the Balkh court and constitutional 
scholars, Kambaksh was prosecuted and sentenced under a 
combination of Article 347 of the Afghan Penal Code, which 
deals with crimes against religion, and Article 130 of the 
Afghan Constitution, which says that, if no particular law 
exists regarding an issue, a court's decision should be in 
accordance with the Hanafi school of Shar'ia law.  Kambaksh 
was reportedly offered the possibility of quick release if he 
confessed to authoring the paper and apologized to the court. 
 His brother claims that Kambaksh did admit to downloading 
and distributing the article but insisted he had not intended 
to denegrate Islamic values.  There are unconfirmed reports 
that Kambaksh's classmates had first accused him of 
anti-Islamic activities, passing their complaints to local 
clerics and government officials.  While the court claims 
that Kambaksh had said he would defend himself, Kambaksh's 
brother said he should have been provided with an attorney. 
 
3.  (SBU)  A number of local officials have defended Kambaksh 
or worked quietly to defuse the case.  The Balkh Provincial 
Council reportedly appealed for Kambaksh's release on January 
6, after meeting with him.  Governor General Noor Atta, who 
had told PRTOFF privately that he expected Kanbaksh to 
"confess, express regret, apologize, and then be released," 
responded to the sentence by expressing confidence in the 
Afghan court system and highlighting Kambaksh's right to 
appeal.  (He also drew attention to the active free press in 
Balkh.)  The Chief Justice of Balkh, who had not presided at 
the trial, has said that the final disposition of the case 
will likely depend on President Karzai's willingness to 
"forgive" Kambaksh. 
 
4.  (SBU) Efforts to resolve the case quietly and without 
polarizing the community failed.  The New York-based 
Committee to Protect Journalists had written an open protest 
letter to President Karzai on January 17, citing the Kanbaksh 
case.  The letter accused the Ministry of Information and 
Culture (with the backing of the National Directorate of 
Security and the National Council of Religious Scholars) of 
actions that leave Afghan journalists vulnerable to 
prosecution.  Local journalists asserted that Kanbaksh was 
targeted in order to put pressure on his brother, an 
outspoken liberal journalist who has authored articles that 
local mullahs found offensive.  Following the trial, the 
Balkh Province Deputy Prosecutor threatened to arrest 
journalists who protested the court's decision. 
 
5.  (SBU) Kambaksh's case comes during a period of increased 
pressure from conservative religious groups on the media and 
journalists (Septel).  PRT Mazar-e Sharif is working with the 
local UNAMA office and consulting with moderate local 
officials to assess how best to encourage an acceptable 
resolution to this case.  Embassy is quietly reaching out to 
the government and journalists organizations to express 
support for media freedoms and concern about this case 
without contributing to the increasingly charged and 
polarized public debate on the issue.  Post recommends that 
any U.S. interventions be low-key and in private in order to 
avoid a further conservative backlash that might jeopardize 
Kambaksh's life. 
WOOD