ASSURANCES FOR FUGITIVE MURDER SUSPECT SAMEH

UNCLAS CAIRO 001227

SIPDIS

FOR NEA/ELA AND L

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

REF: STATE 31054

Sensitive but Unclassified. Please protect accordingly.


1. (SBU) Taking advantage of a February 27 call on Minister
of Justice Aboul Leil, Ambassador drew from reftel to urge
the GOE to provide assurances, following of the precedent of
the Nabil Soliman case, that would allow the U.S. to return
to Egypt fugitive murder suspect Sameh Khouzam. The
Ambassador stressed that both sides have an interest in
seeing that justice is done in the Khouzam case. The written
assurances from a senior official were necessary for the USG
to move forward. He added that the USG fully understood and
appreciated that torture is a criminal offense in Egypt and
expected that there could be flexibility from the U.S. side
on the nature of any monitoring mechanism established to
track Khouzam's welfare.


2. (SBU) Aboul Leil, who had been briefed on the case in
advance of the meeting, told the Ambassador that he "fully
understood" the situation, but noted that the matter fell
under the jurisdiction of Egypt's Public Prosecutor, "an
independent legal entity." The Minister added his belief
that "all we can do is guarantee that he will be treated in
full accordance with Egypt's law and its constitution." That
said, the Minister added, it may be possible for working
levels on each side to reach an understanding that would be
acceptable to both sides.


3. (SBU) Comment: Embassy Cairo recommends that Washington
agencies review Public Prosecutor Maher Abdel Wahid's letter,
conveyed in 05 Cairo 6755, for elements that might be
incorporated into a compromise text that meets our minimum
requirements for the return of Khouzam. The travel of a
USDOJ delegation to observe the March 20-21 Judicial
Cooperation Conference, and participate in subsequent March
22 bilateral MLAT discussions with the GOE, appear to present
a good opportunity to negotiate assurances with the GOE. End
comment.
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