JUSTICE MINISTER: WELCOMES CONSULTATION ON

C O N F I D E N T I A L CAIRO 001457

SIPDIS

SIPDIS

NSC STAFF FOR WATERS

E.O. 12958: DECL: 05/17/2017
TAGS: PGOV PHUM PTER KDEM EG
SUBJECT: JUSTICE MINISTER: WELCOMES CONSULTATION ON
ANTI-TERROR AND TIP LEGISLATION; NO HELP ON AYMAN NOUR


CLASSIFIED BY AMBASSADOR FRANCIS J. RICCIARDONE FOR REASONS
1.4 (B) AND (D).


1. (C) SUMMARY: ON MAY 16 THE AMBASSADOR PRESSED JUSTICE
MINISTER MAMDOUH MAREI FOR ANY LEGAL RELIEF FOR THE
IMPRISONMENT OF AYMAN NOUR. MINISTER MAREI PUSHED BACK,
ARGUING THAT THE GOE WOULD UNDERMINE ITS JUSTICE SYSTEM IF IT
GRANTED RELIEF TO NOUR OUTSIDE THE SCOPE OF THE LAW. AS A
LIFELONG "MAN OF THE LAW," THE MINISTER SAID HE WOULD BROOK
NO POLITICAL CONSIDERATION IN ANY LEGAL CASE. MAREI ALSO
ASSERTED THAT THE GOE HAD TAKEN EVERY POSSIBLE MEASURE,
INCLUDING EXTRAORDINARY ONES, TO ENSURE THAT NOUR HAS THE
HEALTH CARE HE REQUIRES. ON THE SUBJECT OF EGYPT'S DRAFT
ANTI-TERROR LAW, MAREI WELCOMED USG COMMENT ON THE DRAFT LAW,
WHICH HE PROMISED TO SHARE WITH US. THE AMBASSADOR ALSO
PRESSED FOR ADDITIONAL GOE ACTION ON TIP. END SUMMARY.


2. (C) THE AMBASSADOR, ACCOMPANIED BY THE EMBASSY'S
RECENTLY-ARRIVED JUSTICE ATTACHE AND POLOFF (NOTETAKER),
CALLED ON MAREI IN HIS OFFICE ON MAY 16. MAREI EXPRESSED HIS
APPRECIATION TO THE AMBASSADOR FOR USAID AND OTHER USG
SUPPORT TO THE EGYPTIAN JUSTICE SYSTEM AND MENTIONED HIS
PERSONAL GRATITUDE FOR AN OPPORTUNITY TO PARTICIPATE IN A
JUDICIAL EXCHANGE PROGRAM TO THE UNITED STATES WHEN HE WAS
SERVING AS A JUDGE. THE MINISTER EXPRESSED HIS WARM WELCOME
TO THE JUSTICE ATTACHE AND ENCOURAGED HIM TO WORK CLOSELY
WITH SENIOR JUSTICE MINISTRY OFFICIALS TO ENSURE THE CLOSEST
COOPERATION.


3. (C) TURNING TO THE ISSUE OF DRAFT ANTI-TERROR
LEGISLATION, THE AMBASSADOR TOLD THE MINISTER THAT THE U.S.
EXPERIENCE HAD DEMONSTRATED THE IMPORTANCE OF STRENGTHENING
THE RULE OF LAW AND INTERNATIONAL LEGAL COOPERATION TO COMBAT
TERRORISM. MAREI NOTED THAT HE HAS BEEN CONSULTING A COPY OF
THE PATRIOT ACT AS HE WORKS WITH THE COMMITTEE DRAFTING THE
NEW LAW. HE ACKNOWLEDGED THE CHALLENGES OF BALANCING THE
SECURITY AND STABILITY OF THE STATE WITH THE PROTECTION OF
PERSONAL LIBERTY. THE MINISTER SAID THAT HE WOULD WELCOME
USG REVIEW AND COMMENTS ON THE DRAFT LAW AND UNDERTOOK TO
PASS A COPY OF THE DRAFT TO THE JUSTICE ATTACHE IN THE NEAR
FUTURE. HE INSTRUCTED UNDER SECRETARY BURHAN AMRULLAH TO
ENSURE THAT THE COMMENTS OF THE U.S. JUSTICE ATTACHE ARE
INCLUDED WHEN MOJ STAFF PRESENTS THE DRAFT LEGISLATION TO HIM
FOR STUDY. THE MINISTER ALSO NOTED THAT HE IS WORKING WITH
THE ARAB LEAGUE TO PROMOTE ENHANCED COOPERATION ON
ANTI-TERROR EFFORTS IN THE REGION.


4. (C) THE AMBASSADOR RAISED THE MATTER OF IMPRISONED
OPPOSITION POLITICIAN AYMAN NOUR. HE TOLD MAREI THAT USG
INTEREST IN NOURS CASE REMAINS HIGH, AND THAT UPCOMING
CONGRESSIONAL VISITORS WOULD CERTAINLY ALSO SEEK TO ENGAGE
THE GOE ON NOUR. THE AMBASSADOR HAD STATED PUBLICLY OUR
RESPECT FOR EGYPTIAN LEGAL PROCESSES, AND HAD PUBLICLY
EXPRESSED OUR HUMANITARIAN CONCERN FOR NOUR. HE ASKED
WHETHER THERE WAS SCOPE WITHIN EGYPTIAN LAW TO RELEASE NOUR
ON MEDICAL GROUNDS. MAREI SAID THAT HE HAD PERSONALLY
REVIEWED THE NOUR FILE UPON BECOMING MINISTER IN 2006, AND
THAT HE WAS CONVINCED THAT NOUR'S CONVICTION HAD BEEN
JUSTIFIED AND IN ACCORDANCE WITH THE LAW. MAREI ALSO NOTED
THAT GRANTING LEGALLY EXCEPTIONAL CONSIDERATION TO NOUR WOULD
ONLY UNDERMINE THE EGYPTIAN JUSTICE SYSTEM AND INVITE CHAOS.
MAREI SAID THAT HE HAD TAKEN A PERSONAL INTEREST IN NOURS
CASE AND HAD REVIEWED IT IN DETAIL, NOT LEAST BECAUSE HE HAD
KNOWN NOUR PERSONALLY AS A "PLEASANT FELLOW" AND HAD ALSO
KNOWN HIS FATHER, AN ATTORNEY. THE MINISTER SAID HE MADE
SURE THAT NOUR RECEIVED SPECIAL MEDICAL CARE, AND HAD BEEN
EXAMINED BY A RANGE OF INDEPENDENT MEDICAL EXPERTS OF NOURS
CHOICE WHO ALL AGREED THAT THERE WERE NO HEALTH REASONS THAT
WOULD JUSTIFY REDUCING NOUR'S SENTENCE. MAREI ALSO NOTED
THAT NOUR MAY BE ELIGIBLE, BASED ON GOOD BEHAVIOR, TO BE
RELEASED ON PAROLE ONCE HE HAS SERVED THREE-QUARTERS OF HIS
SENTENCE, I.E., AFTER SERVING 3.75 YEARS. NOUR HAS SO FAR
SERVED ABOUT 1.5 YEARS. THE AMBASSADOR REITERATED USG
CONCERN OVER NOUR'S HEALTH AND CITED THE BURDEN THIS CASE
CONTINUE TO PLACE ON OUR LARGER RELATIONSHIP. HE URGED THE
MINISTER TO GIVE THIS CASE CONTINUED CONSIDERATION WITH A
VIEW TO FINDING GROUNDS FOR NOUR'S RELEASE.


5. (C) THE AMBASSADOR ALSO COMMENDED THE GOES EFFORT TO
DRAFT A NEW CHILD PROTECTION LAW, WHICH INCLUDES SPECIFIC
ANTI-TRAFFICKING ARTICLES, AND URGED THE MINISTER TO CONSIDER
BROADENING THE SCOPE OF ANTI-TRAFFICKING LEGISLATION TO ALSO
INCLUDE ADULT CITIZENS AND FOREIGN NATIONALS. HE ALSO
REMINDED MAREI THAT A MINISTERIAL DECREE TO ESTABLISH AN
INTER-MINISTERIAL COMMISSION ON TIP WAS REPORTEDLY STILL
AWAITING THE PRIME MINISTER'S ACTION. THE MINISTER
ACKNOWLEDGED THE IMPORTANCE OF STRENGTHENING LEGAL
PROTECTIONS AGAINST TRAFFICKING AND WELCOMED FUTURE
CONSULTATIONS WITH THE U.S. JUSTICE ATTACHE ON THIS ISSUE.


RICCIARDONE