LETTER TO SECRETARY FROM PRISONER NABIL SOLIMAN

C O N F I D E N T I A L CAIRO 002089


E.O. 12958: DECL: 03/16/2015
TAGS: PHUM PTER KJUS EG
SUBJECT: LETTER TO SECRETARY FROM PRISONER NABIL SOLIMAN

REF: A. 04 CAIRO 9247

B. 03 CAIRO 2300

C. 02 CAIRO 6152

Classified by Charge Gordon Gray for reasons 1.4 (b) and (d).


1. (C) The Embassy received on March 1, 2005 a letter
addressed to the Secretary from Nabil Soliman, who was
returned by the United States to Egypt in June 2002. Soliman
was convicted by an Egyptian State Security Court in November
2002 of membership in Egyptian Islamic Jihad. Soliman
received a five year sentence, which he has been serving in
Cairo's Torah prison. In keeping with the monitoring
agreement completed as part of the negotiations for his
return, Emboffs have regularly visited Soliman in prison,
most recently on December 19, 2004 (ref A).


2. (C) Soliman's letter, dated February 15, 2005, is
reminiscent of his March 2003 letter to Secretary Powell (ref
B). In both letters, Soliman, who was first detained in the
U.S. for immigration violations in 1997, argues that his
removal from the United States was in violation of a U.S.
court judgment ordering his release (which he alleges was
suppressed by the Immigration and Naturalization Service).
In his February 2005 letter, he repeated allegations he made
in his March 2003 letter, and in his first meeting with
Emboffs in June 2002 (ref C),that he was mistreated
immediately following his return to Egypt.


3. (C) However, in all six Embassy visits to Soliman
subsequent to our June 2002 meeting, Soliman has asserted
that he is being humanely treated, assertions consistent with
his appearance and demeanor. Nonetheless, in Soliman's most
recent letter, he complains that prisoners with easy access
to money (which he does not have) enjoy benefits which he
does not, and adds that his complaints to prison officials on
this point have led to threats that he would be transferred
to a prison with much harsher conditions. Soliman adds that
his imprisonment has led to loss of contact with his children
(believed to be in the custody of his estranged wife,
possibly in the U.S.). He closes with an appeal to the
Secretary to intervene with the GOE for him to be released
for good behavior upon the completion of half his sentence.
(Comment: Soliman's request that he be released upon
completion of half his sentence would, if granted, be a
departure from standard practice. Prisoners in Egypt are
often considered for (but not guaranteed) release for good
behavior upon completion of three quarters - not one half -
of their sentence. End comment.)


4. (C) The text of the letter (edited to correct minor
spelling errors) is repeated below. Embassy is pouching the
original to NEA/ELA.

Begin text

The Honorable Dr. Condolezza Rice,
Secretary of State
c/o The Embassy of the United States
Cairo, Egypt

February 15, 2005

Dear Dr. Rice:

My greeting to you and congratulations for your new position
with my best wishes. I had requested from the U.S. Embassy
to see you if you come to Egypt. The U.S. Embassy has asked
what is my complaint. However, I understand well that the
Secretary of State will have no time to meet an individual to
discuss a small case. So, I am writing to you this letter
hoping that you might give me a few minutes from your
valuable time to read it.

The U.S. Embassy agents are very venerable and concerned
people, but they not have much to do for my case. Then I am
raising this issue to you. This issue in fact is that my
constitutional rights have been violated by both governments
the American and the Egyptian. I believe that you will be
concerned about this issue, simply because you are very
sincere not to undermine the democratic ideals and principals
in the United States in which they were founded. Also, I
believe that you are very serious to change the Middle East
from dictatorship and corruption to democracy and liberty.

I will explain to you briefly why my constitutional rights
have been violated by both countries as following:

First, in the United States:


1. I had been detained for five years in the United States
by the immigration and naturalization service (INS) from July
1, 1997 to June 11, 2002. I was not charged with any crime
and in fact I was not even under investigation in the United
States. I have been ordered to remove from the U.S. to a
third country as a final decision. I had a valid travel
documents which would allow me to travel to several different
countries but the INS intentionally did not allow me to leave
the U.S. to continue my detention. Regardless of the fact
that my fifth amendment right have been violated by depriving
my liberty.


2. In fact the INS has intentionally suppressed two letters
granting me supervised release from the detention pending my
removal. The first decision was signed and date on November
27, 2001, granting my release as of that date. The second
decision was signed and dated on February 25, 2002, granting
my release as of that date. The two decisions in those
custody reviews were intentionally suppressed from me and my
lawyer for more than six months in an apparent scheme to keep
me in detention until they could devise a plan to extradite
me to Egypt, despite its lack of authority to do so and
regardless of the fact that my due process rights have been
violated.


3. On June 12, 2002, my extradition to Egypt has been taken
place despite the fact that there is no extradition treaty
exists between the United States and Egypt. The INS
repeatedly has stated throughout the record in my case that
its actions towards me are based on its concern for
maintaining a good relationship with Egypt and that Egypt
wants me returned to Egypt to face charges. Regardless of
the fact that the United States had never ever extradited a
person without extradition treaty in its history. I have
been handcuffed, shackled my feet and taken into private
airplane, there was a guard waiting for me with an injection
to make me sleep by the drug. Then I have been handover to
the Egyptian General Intelligence upon my arrival in Cairo
airport.

The U.S. Ambassador Mr. David Welch said that "Soliman's
removal coming after successful bilateral discussion, is
another example of the close U.S. friends and allies to
eradicate this scourge." (See U.S. Embassy, Public Affairs,
Cairo, July 5, 2002). Moreover, the INS have no legal right
to extradite me to Egypt without extradition treaty, not even
have legal right to remove me to Egypt as a normal
immigration removal, because before I granted the deferral of
removal to any third country, I have been ordered to remove
from the U.S. as a final order under section 241 (b)(1) of
the Immigration and Nationality Act. According to this
section, my removal was to the last country I visited before
entering the United States which is in my case was Morocco
not Egypt.

Second, in Egypt:


1. Upon my arrival in Egypt I had been tortured by electric
shook and beaten by stick at the General Intelligence,
despite the diplomatic assurances that I will not be
tortured. Also, when I was transferred to the investigation
state security for question not even related to my case, they
left me over there handcuffed and blindfolded wearing them
all time for days.


2. I was tried in state security emergency court for
mistaken identity case. There was no evidence against me,
there was no witness against me and the prosecutor had
nothing to say about my charges. On the other hand I had
submitted official documents clearing my name and
fingerprint. (See Al Ahram newspaper, January 31, 2003). I
was sentenced to five years and there is no appeal for the
emergency court.


3. In the small level at the jail management who can make my
life miserable. The jail is convenient only for who have
money which I do not have. There is no complaint to avoid
severe harm or framing by new case. I have been threatened
several times to be transferred to Abu-Zabal jail which is
not good even for animals. The cell over there has no
bathroom but only a big bucket to use as a bathroom. There
are no medical services, or visitation for family and lawyer.
On one time I was told to pack my staff to be transferred to
Abu-Zabal jail because I had complained that I am not
receiving my food but they changed their mind after I get
their message.

As a result of all the above my family has been broken and I
lost my five children, (two of them are American citizens).
I do not know where is their location for almost five years,
other than they are in the United States, despite my right of
(children whereabouts) as a parent's right of children who
are American citizens. Also, I have been damaged
psychologically, emotionally and economically, which have
been inflicted upon my health causing me a high blood
pressure.

So, I am appealing to you to do your best to get my legal
right of releasing me at half time sentence which apply to
me, as I am a good behaviour.

Also, I appealing to you to get my legal right of (child
whereabouts) as I am a parent for children who are American
citizens, and help me out to live with my children wherever
they are.

I appreciate in advance your effort, help and valuable time.

Respectfully submitted,

/Signed/

Nabil A. Soliman
Cairo, Egypt

End text.


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GRAY