SUDAN REFUGEES: EGYPT RELEASES ADDITIONAL

UNCLAS SECTION 01 OF 03 CAIRO 000268

SIPDIS

SENSITIVE

FOR PRM/A, PRM/AFR, PRM/ANE, PRM/MCE, NEA/ELA, AND AF
GENEVA FOR RMA

E.O. 12958: N/A
TAGS: PREF PHUM PREL ASEC CVIS EG SU UNHCR
SUBJECT: SUDAN REFUGEES: EGYPT RELEASES ADDITIONAL
DETAINEES, PLEDGES TO STRICTLY ABIDE BY TREATY OBLIGATONS
AND COORDINATE WITH UNHCR.


SENSITIVE BUT UNCLASSIFIED; PLEASE PROTECT ACCORDINGLY

Reference: Cairo 170
Cairo 132
Cairo 58

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Summary
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1. (SBU) MFA Assistant Minister for American Affairs briefed
the DCM January 18 on the status of detained Sudanese asylum
seekers in Egypt. Hefny clarified that 153 Sudanese had
been released January 17, with an unspecified number of
others to be released shortly. UNHCR, he said, had been
given until January 26 to complete its review of cases.
UNHCR Cairo confirmed January 18 that about 250 Sudanese
detainees - all of the women and children and some
Darfurians - were to be released. The GOE publicly named 27
Sudanese killed during the December 30 confrontation, trying
to quell rumors of much larger numbers. UNHCR has completed
initial screening of all detainees and found a mixture of
credible and non-credible claims. There are now unconfirmed
reports that the GOE has decided against any forcible
returns although MFA has told us of an "internal consensus"
within the GOE to cooperate with UNHCR to ensure there would
be no detentions or deportations inconsistent with Egypt's
UN obligations. The Sudanese are detained in harsh but
humane conditions. UNHCR says it has "sufficient" privacy
to conduct interviews in the detention centers, although
there are reports of mischief making by the Sudanese
Embassy. Those who have been released have been absorbed
back into their communities with support from UNHCR, WFP and
NGOs. UNHCR Cairo is again operational and registering
between 2-300 Sudanese a day. End Summary

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More Sudanese Released
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2. (SBU) GOE Assistant Foreign Minister Ali Al Hefney
briefed the DCM January 18 that all women and children and
most Darfurians detained December 30 would be released from
Cairo detention centers Jan 18-19. UNHCR has accordingly
dispatched teams to the detention centers to assist with the
releases. This will leave around 213 Sudanese asylum
seekers in detention (2,100 were detained December 30,
2005). Tonight's releases follow an MFA communiqu issued
January 17 listing 27 names of those killed during the
police action in an apparent attempt to squash rumors that
many more people were killed. Hefney advised that autopsies
were being carried out and forensic reports would be
released within the next few days. MFA UN Affairs Office
Director Hany Saleem clarified separately to poloff January
18 that there was an "internal consensus" within the GOE
that there would be no detentions and no deportations
inconsistent with GOE obligations as a signatory to the 1951
Refugee Convention. Furthermore the GOE would coordinate
fully with UNHCR prior to any deportations, according to
Saleem.

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UNHCR Update
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3. (SBU) Radhouane Nouicer, Deputy Director of UNHCR's
Central Asia, South West Asia, North Africa and the Middle
East Bureau (CASWANAME) briefed Refcoord on the current
status of detainees. Nouicer is managing the situation in
the absence of country representative Saad al Attar
(currently in Geneva for medical treatment). Greg Balke,
UNHCR Senior Protection Officer from Geneva, joined the
briefing. Balke is leading the teams screening detained
refugees.

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Screening Completed
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4. (SBU) Nouicer reported that UNHCR has now screened all of
the Sudanese in three detention centers, Abou Zabat, Shedin
Al Kom and Kanater. UNHCR has been unable to verify rumors
that more Sudanese from the December 30 incident are being
held in other detention centers. The GOE has denied this
and UNHCR has found no evidence to the contrary (although
there could be Sudanese in detention for other offenses).


5. (SBU) Today's releases will leave about 213 in detention
(2,100 were originally detained). About thirteen are
Darfurians whom UNHCR believes should be released
immediately in accordance with UNHCR's declared policy that
Darfurian asylum seekers should be granted prima facie
refugee status.

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Further Evaluation Required for the Rest
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6. (SBU) The remainder of the detainees are males -
reportedly a mixture of legitimate asylum seekers who lost
their documentation (20),newcomers who have not previously
registered (50) and previously closed cases that were
evaluated and denied some time ago (130). Of these, UNHCR
has identified about 30 who have no credible claim. The rest
appear to have some grounds for claiming refugee status and
need to be evaluated further. Some of these claims (30)
have been deemed "not manifestly unfounded", and others may
have a sur place claim relating to their involvement in the
demonstration or the attention they have been receiving from
the Sudanese Embassy (which has been observed taking names
and photographs of detainees).

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Conditions Harsh but Humane
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7. (SBU) According to Balke the Sudanese are detained in
harsh but generally humane conditions. UNHCR has assisted
by supplying food, clothing, medical help and counseling.
Balke says his screening teams have been able to provide
sufficient privacy for refugee interviews although the
situation is not ideal. UNHCR would prefer to have all of
the refugees released so that they can be dealt with in a
more acceptable environment.

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Sudanese Embassy Involved
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8. (SBU) UNHCR reports that the Sudanese Embassy has been
visiting the detention centers and intimidating detainees by
taking names and photographs. UNHCR believes this goes
beyond normal consular responsibilities/activities since the
detainees are in the middle of evaluation for possible
refugee status, and have not sought Embassy assistance.

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Deadline for Deportations Unclear
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9. (SBU) There is continuing confusion over the deadline set
by the GOE to complete UNHCR evaluations (before
deportations). The previous deadline of January 15 has
passed and UNHCR is receiving conflicting reports that the
deadline has now been moved to January 23 or January 26, and
one report that it has been lifted entirely. There have
also been media reports (Al Ahram of January 16) that the
GOE will not forcibly return any of the detainees. UNHCR is
attempting to verify these reports. UNHCR expects to deliver
the results of its screening to MFA before the end of this
week.

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UNHCR Requests
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10. (SBU) Nouicer met with MFA January 16 and argued the
following points:

- There should be no forcible return of recognized
refugees;
- There needs to be an in-depth enquiry about the
December 30 incident;
- All detainees need to be released (those facing
criminal charges could be prosecuted);
- The GOE needs to produce the names of the deceased;
- UNHCR and the GOE need to get together to review their
respective roles vis--vis refugees and distribute
responsibilities accordingly

11. (SBU) UNHCR will continue to press for the GOE to assume
greater responsibility for identifying and protecting
refugees in accordance with its obligations as a signatory
to the 1951 Refugee Convention. UNHCR is currently doing it
all - identification, screening, protection, assistance and
resettlement - without GOE help, and believes a more
proactive role by the GOE is needed at an early stage to
define who are refugees and who are the responsibility of
the state.

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Former Detainees
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12. (SBU) UNHCR says former detainees seem to have been
absorbed back into their communities and are not approaching
UNHCR's office for individual attention, although NGOs and
UNHCR's implementing partners are continuing to monitor and
assist the Sudanese refugee population. Balke says the
infrastructure for the delivery of food and material support
for those refugees who have been released from detention
"remains effective". WFP has agreed to supply sufficient
food for three months to 4,000 refugees, and various NGOs
are helping with food, and other material supplies. The USG
has donated $20,000 for clothing and other non-food items.

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Criminal Charges Possible
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13. (SBU) UNHCR has heard that the Egyptian Prosecutor
General will decide on possible criminal charges relating to
the demonstration and its aftermath within the next few
days.

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UNHCR Cairo Now Operational
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14. (SBU) After a three and a half month hiatus, UNHCR Cairo
is now open for asylum seekers to register and to have their
cases heard. Nouicer reports that Sudanese are rushing to
register with UNHCR at the rate of 2-300 a day to obtain the
limited assistance and protection afforded by UNHCR's Yellow
Card.

Ricciardone