EGYPT FERRY DISASTER: ABSENT OWNER'S IMMUNITY

C O N F I D E N T I A L CAIRO 002064

SIPDIS

SIPDIS

NEA FOR ELA
EB FOR TRA
LONDON FOR TSOU

E.O. 12958: DECL: 04/03/2016
TAGS: PREL PGOV ECON EWWT MARR EG
SUBJECT: EGYPT FERRY DISASTER: ABSENT OWNER'S IMMUNITY
LIFTED; CAPTAIN LIKELY CULPABLE

REF: A. CAIRO 798

B. CAIRO 689

Classified By: Minister-Counselor for Economic and Political Affairs Mi
chael Corbin for reasons 1.4 (b) and (d)

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Summary
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1. (C) The investigation into the early February sinking of
the "Al Salam 98" passenger ferry in the Red Sea is ongoing,
although preliminary GOE statements are assigning culpability
to the still-missing captain. Egypt's upper chamber of
parliament lifted ferry owner Mamdouh Ismail's parliamentary
immunity so that he may potentially face prosecution, but
Ismail departed Egypt for London prior to the imposition of a
travel ban. Opposition groups are criticizing the delay in
lifting politically-connected Ismail's immunity, saying it is
symptomatic of GOE mishandling the matter. President Mubarak
secured the donation of six new high-speed ferries for the
Red Sea routes from the KSA, Qatar and Libya, but it's not
clear who will operate them. The lifting of Ismail's
immunity is an important step towards a transparent
investigation, but much more needs to be done to earn the
public's confidence in the GOE's response to the tragedy.
End summary.

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Investigation Ongoing, but Captain Culpable
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2. (U) The investigation into the sinking of the "Al Salam
98" ferry, Egypt's worst maritime disaster, continues. The
ship went down in the Red Sea east of the port of Safaga on
the night of February 2 and claimed the lives of over 1,000
people. Minister of Transport Mohamed Mansour announced
April 1 that the preliminary investigations related to the
ship's "black box" data recorder revealed the ferry captain
did not send out any distress or SOS calls, or order the
ship's evacuation, until the ship had already begun to sink.
This inaction, the Minister opined, was likely a result of
the captain underestimating or neglecting the severity of an
onboard fire. The captain has not yet been found. Other
early indications from the investigation point to "serious
safety violations" aboard the vessel. The Minister
anticipates the investigations surrounding the data recorder,
which are being conducted in the U.K., should conclude within
the next several months, with prosecutors expecting a
preliminary report in May. A final report should follow two
months thereafter. The investigative committee is comprised
of Egyptian and International Maritime Organization (IMO)
experts.

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Owner's Immunity Lifted
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3. (C) The ferry owner, Mamdouh Ismail, departed Egypt
shortly after the disaster and has yet to return. In late
March, the Shura Council, Egypt's upper house of parliament,
approved a request from the Minister of Justice to strip
Ismail of his immunity pending investigation, thereby
allowing him to potentially face prosecution upon his return
to Egypt. Ismail enjoyed immunity due to his appointment to
the Council. Ismail is closely linked to Presidential Chief
of Staff and Assistant Secretary General of the ruling NDP
Zakaria Azmi, and also served as the chairman of the NDP's
Heliopolis branch office. According to our contacts and
local press reports, Ismail is currently staying in a London
hotel (the Concord) in which he may have an ownership
interest. Airport police reportedly denied Ismail's wife,
Sawsan Abdel Aziz, departure at Cairo International Airport
when she recently attempted to join her husband in London.

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Opposition, Other Criticisms
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4. (U) Opposition politicians are sharply criticizing the
delay in lifting Ismail's immunity, and citing it as proof of
NDP complicity in Ismail's attempt to escape possible
prosecution. An early lifting of Ismail's immunity would
have triggered travel restrictions and perhaps prevented his
departure from Egypt, opposition politicians argue. Even in

ruling party circles, some Shura Council members, including
Chairman Safwat El-Sherif, have publicly criticized Ismail's
departure and urged him to return to Egypt immediately.


5. (U) There have been a few small public protests (some
organized by the political Kefaya movement) attacking
perceived GOE complicity in the tragedy and failure to pay
timely, adequate compensation to victims' families. Kefaya,
along with twenty human rights organizations and sixty-five
victims' families, filed a report against Ismail alleging he
refused to give the captain permission to turn around once
fire was discovered on board. The report also claims that
required on-board safety and rescue equipment were not
operational. Expressing their frustration at the GOE
response, participants at a protest in front of the Egyptian
Supreme Court chanted: "Alf masry matou ya nas wi el houkouma
bidoun ihsas" (A thousand Egyptians have died and the
government is without compassion.)

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A New Ferry Fleet
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6. (C) Concentrated personal lobbying by President Mubarak
with Gulf leaders appears to have paid off in the form of a
gift of six new high-speed ferries to service the Red Sea
pilgrim and economic migrant routes. In an exclusive
interview with a local newspaper, Mubarak announced that
Saudi Arabia, Libya and Qatar offered to donate two ferries
each to Egypt. The ships, which will be imported from
Australia, each carry a price tag of approximately $70
million and are rated for approximately 1,500 passengers. It
is unclear who will operate the fleet, with Mubarak only
stating that a "specialized company" will manage the ships
and ensure their adherence to strict safety standards.

RICCIARDONE