MUBARAK'S LEGAL ADVISOR ON UPCOMING LEGISLATION

C O N F I D E N T I A L CAIRO 002841 SIPDIS SIPDIS NSC FOR SINGH AND WATERS, DEPARTMENT FOR NEA/ELA AND DRL/NESCA E.O. 12958: DECL: 09/18/2017 TAGS: PREL PGOV KDEM PTER KJUS EG SUBJECT: MUBARAK'S LEGAL ADVISOR ON UPCOMING LEGISLATION REF: A. CAIRO 1170 ¶B. CAIRO 2067 ¶C. CAIRO 2581 ¶D. CAIRO 2808 Classified By: DCM Stuart E. Jones, for reasons 1.4 (b) and (d). ¶1. (C) In a September 19 meeting, presidential legal advisor Mohamed Dakroury discussed a range of upcoming legislation with DCM and poloff. In addition to his influential position as "the president's lawyer," through which he appears to have a drafting or oversight role for virtually all new Egyptian laws of import, Dakroury is also an appointed member of the People's Assembly, where he serves on the Constitutional and Legislative Affairs committee (through which all new legislation is submitted to parliament). ¶2. (C) Dakroury said that Egypt's new Anti-Terror Law will "most definitely" be approved and enacted before June 2008 (when the mandate of the Emergency Law is set to expire),and that he anticipates the text of the law will be put before parliament for debate and approval "around" February 2008. Dakroury commented that the drafters are "striving to defend against terrorism while also protecting personal freedoms," and noted that Egypt has closely studied CT legislation from a range of countries, including the U.S. Patriot Act and Military Commissions Act of 2006. When the DCM noted the concerns of Egyptian civil society that the new law may infringe on personal freedoms and liberties, Dakroury asserted that, "such fears are not based in reality." Dakroury predicted that the new CT Law will allow for the continued use of military tribunals in prosecuting terror-related cases, opining that, "Not all terror cases will go before military tribunals. But, if the crime is perpetrated by those who have been militarily trained, and used military-style weapons, then it is only natural for them to be judged in a military trial." He also categorically rejected DCM's insinuation that military tribunals would not deliver equal justice for defendants compared to civilian courts. He further noted that new legislation passed at the end of the last parliamentary session allows for the right of appeal in military tribunals. ¶3. (C) Dakroury remarked that the GOE's legislative priorities for the upcoming session of parliament are the new Anti-Terror Law, revisions to the Local Administration Law, a law regarding the administration of professional syndicates, and new legislation relating to economic courts. (Note: Egypt's two parliamentary chambers are currently in recess. The next session of parliament will open in mid-November. End note). In response to the DCM's queries about possible revisions to the NGO law (refs B and C),Dakroury said that he personally was not working on the law "as yet," but that others "might be." Dakroury noted that revising Egypt's electoral law, which was cited as a priority at the 2006 party conference of the ruling party, in order to re-shape Egypt's electoral system, is "no longer a priority for this year .... the next parliamentary elections are in 2010, so we can take our time on this issue." When queried by the DCM about the recent decisions of several civilian courts contesting the February presidential decree that sent forty Muslim Brotherhood (MB) members to military tribunals (ref D),Dakroury was dismissive, noting that in the referenced decisions, the civilian courts were not within their jurisdiction. ¶4. (C) The DCM also raised the recently created Supreme Electoral Commission, noting our disappointment that no member has yet agreed to meet with us, even when an appointment has been requested by the Ambassador. After a discussion of the sensitivities of such engagement from the USG, Dakroury seemed interested in the DCM's suggestion of possible Egyptian engagement with the Indian electoral commission. Post will explore this possibility with IFES' Cairo office, and with the Indian Embassy here. RICCIARDONE