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