ASSURANCES FOR FUGITIVE MURDER SUSPECT SAMEH

UNCLAS CAIRO 008403

SIPDIS

SENSITIVE

FOR L AND NEA/ELA

E.O. 12958: N/A
TAGS: PHUM PREL KCRM EG
SUBJECT: ASSURANCES FOR FUGITIVE MURDER SUSPECT SAMEH
KHOUZAM

REF: A. STATE 173542

B. CAIRO 6755

C. CAIRO 1672

D. STATE 25810

Sensitive but Unclassified. Please protect accordingly.


1. (SBU) Assistant Public Prosecutor Ahmed Zohny told poloff
on November 1 that it would be "impossible" for the Egyptian
Public Prosecution to provide to the U.S. assurances that
explicitly promised that fugitive Sameh Khouzam would not be
subject to torture in the event of his return to Egypt. "As
a judicial authority, we investigate and prosecute cases of
torture; it would be impossible for us to promise that we
will not commit a crime; this would be illogical." (Comment:
Our GOE judicial/law enforcement contacts have repeatedly
told us offline that they consider insulting requests that
they promise not to commit a criminal act. End comment.)


2. (SBU) Zohny, a senior aide to Public Prosecutor Maher
Abdel Wahed (Egypt's equivalent to the U.S.
Attorney-General),drew a distinction between the Khouzam
case and the case of Nabil Soliman, who had been returned
from the U.S. to Egypt in 2002. "Khouzam's case is criminal
in nature, while Soliman's was a terrorism case," Zohny
stated - the murder charges against Khouzam put his case
under the Public Prosecutor's jurisdiction, while Soliman's
case was handled by the security services.


3. (SBU) Zohny lamented that Public Prosecutor Maher Abdel
Wahed's letter of August 4 (ref B),which confirmed that
Khouzam was wanted for murder, noted that torture was
criminized in Egypt, and affirmed that Khouzam would be
accorded the protections and rights stipulated by the law,
apparently did not constitute sufficient assurances for the
USG.


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