FIRST VISIT OF A UN SPECIAL RAPPORTEUR TO EGYPT

Reference ID 09CAIRO858
Created 2009-05-17 14:02
Released 2011-01-28
Classification CONFIDENTIAL
Origin Embassy Cairo



VZCZCXRO6312
RR RUEHROV
DE RUEHEG #0858/01 1371450
ZNY CCCCC ZZH
R 171450Z MAY 09
FM AMEMBASSY CAIRO
TO RUEHC/SECSTATE WASHDC 2447
INFO RUEHXK/ARAB ISRAELI COLLECTIVE
RUEHGV/USMISSION GENEVA 0440
RUCNDT/USMISSION USUN NEW YORK 0290
RHEHNSC/NSC WASHDC

C O N F I D E N T I A L SECTION 01 OF 02 CAIRO 000858

SIPDIS

FOR NEA/ELA, DRL/NESCA AND IO/RHS

E.O. 12958: DECL: 05/17/2029
TAGS: PREL PGOV PHUM CT UN EG
SUBJECT: FIRST VISIT OF A UN SPECIAL RAPPORTEUR TO EGYPT

REF: A. CAIRO 598
¶B. CAIRO 288
¶C. 08 CAIRO 971

Classified By: Economic-Political Counselor Catherine Hill-Herndon
for reasons 1.4 (b) and (d).

¶1. KEY POINTS:

-- (C) UN Special Rapporteur on the promotion and protection
of human rights and fundamental freedoms while countering
terrorism, Martin Scheinin, visited Egypt from April 17-21.
This was the first visit of a UN Special Rapporteur the GOE
has allowed. The MFA said the GOE will invite a second,
unspecified rapporteur to visit in June or July.

-- (C) The MFA told us Scheinin focused exclusively on
Egypt's draft counterterrorism (CT) law, which is intended to
replace the Emergency Law. Scheinin focused on a timeframe
for parliament to consider the draft law, and the draft law's
technical definitions of terrorism and pre-trial detention.

-- (C) The MFA acknowledged that Scheinin criticized Egyptian
laws allowing detention without charge, warrantless searches
and wiretapping, and State Security courts. The MFA does not
anticipate the GOE will submit the draft CT law before
parliament adjourns in June.

-- (SBU) Civil society contacts told us Scheinin held a
three-hour discussion with 11 NGOs on the draft CT law.
Scheinin plans to issue a report on the GOE's "CT law and
practice by the end of 2009," but not until he visits Egypt
again.

¶2. (C) Comment: The draft counterterrorism law is not
public, and only select GOE officials are familiar with its
contents. It is unclear whether it contains human rights
improvements over the current Emergency Law, which allows
detention without charge, warrantless searches and
wiretapping, and State Security courts. End comment.

¶3. (C) MFA Deputy Director for Human Rights Omar Shalaby told
us that Scheinin held "fruitful discussions" with GOE
officials, members of parliament and the quasi-governmental
National Council for Human Rights (NCHR), focusing
exclusively on Egypt's draft counterterrorism law which is
intended to replace the Emergency Law, in force almost
continuously since 1967. Shalaby noted that Scheinin met
with Minister of Parliamentary Affairs Mufeed Shehab,
Parliament (PA) Speaker Fathi Surour, the chief of the
Supreme Constitutional Court, the prosecutor general, NCHR
Deputy Chairman Kamal Aboulmagd, and senior MFA and Interior
Ministry officials at the assistant minister level.

¶4. (C) According to Shalaby, Scheinin asked the Supreme
Constitutional Court chief about the court's role in
protecting the rights of the accused. Scheinin asked PA
Speaker Surour about a timeframe for the law's submission to
parliament. Surour was not able to give a specific
timeframe, but said he intends to share the draft law with
the public. Shalaby told us that the law is still with the
GOE drafting committee, and that the MFA does not believe the
GOE will submit it to parliament during the current session
ending in June. Shalaby said that during Scheinin's
meetings, he asked about the draft law's definitions of
terrorism, pre-trial detention and administrative detention,
and queried GOE officials about international agreements on
extraordinary rendition. Shalaby said Scheinin raised a few
issues that went "slightly beyond" the draft CT law, such as
the right to petition the renewable 30-day detentions allowed
by the Emergency Law, and the inspection of prison
conditions.

¶5. (C) Shalaby said that in his meetings, Scheinin was
critical of Article 179 of the Egyptian Constitution. (Note:
This article charges the state with "safeguarding
security...in the face of the dangers of terrorism," and
notes that government counterterrorism measures "cannot be
hampered by" other constitutional articles requiring judges
or the Public Prosecutor to order detentions, and prohibiting
warrantless searches and wiretapping. End note.) According
to Shalaby, Scheinin also reiterated "comments" from his 2006
report. (Note: The Special Rapporteur's 2006 report notes
that the Emergency Law allows detention without charge, and
criticizes State Security courts as "not independent." End
note.) Shalaby said the GOE would allow the visit of another
UN special rapporteur in June or July. Although Shalaby
would not specify which rapporteur, he hinted that it would

CAIRO 00000858 002 OF 002


be a rapporteur dealing with economic, social and cultural
rights.

¶6. (C) The Cairo Institute for Human Rights Studies (CIHRS)
hosted Scheinin for a three-hour meeting with 11 Egyptian
NGOs in advance of his consultations with the GOE and
parliament. CIHRS Director Bahey Al-Din Hassan told us that
the NGOs delivered presentations on the draft
counterterrorism law leaked to the independent newspaper
"Al-Masry Al-Youm" in February 2008, and discussed specific
cases of detainees being "abused" under The Emergency Law.
(Note: Per ref C, the MFA told us in May 2008 that the
leaked draft was not accurate. End note.) Hassan said that
Scheinin asked questions regarding the presentations, but did
not discuss the points he planned to raise with the GOE and
parliament. Soha Abdelatty, Deputy Director of the Egyptian
Initiative for Personal Rights, who attended the meeting,
told us that the NGO presentations focused on how
counterterrorism measures currently impact the freedom of
expression and association, and labor rights. Abdelatty said
that Scheinin expressed particular concern with GOE
surveillance of Egyptian citizens, access to phone records,
and interception of communications.

¶7. (U) Scheinin issued a press statement following his visit
thanking the GOE for its cooperation and for the "open and
extensive discussions" he conducted with "key stakeholders"
regarding counterterrorism. The statement lists Scheinin's
meetings with specific GOE officials and parliamentarians,
and makes note of his consultations with civil society. It
concludes: "The willingness of the government to discuss the
challenging subject of upholding human rights while
countering terrorism is most encouraging. I will continue my
dialogue with Egypt with a view to submitting a full public
report on its counter-terrorism law and practice by the end
of 2009. The report, which will contain a set of findings
and recommendations, will then be considered by a future
session of the Human Rights Council. In this context, I
discussed with authorities my wish to visit Egypt again in
the near future for the purpose of finalizing my report."



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Source: Wikileaks