EGYPT'S HIV ARRESTS AND CONVICTIONS

C O N F I D E N T I A L CAIRO 000739

SIPDIS

SIPDIS

DRL FOR CASTEEL
NSC STAFF FOR PASCUAL

E.O. 12958: DECL: 04/10/2018
TAGS: PHUM PGOV KHIV EG
SUBJECT: EGYPT'S HIV ARRESTS AND CONVICTIONS

Classified By: Minister-Counselor for Economic and Political
Affairs William R. Stewart for Reasons 1.4(B).


1. (U) According to media reports, on April 9 five HIV
positive Egyptian men were convicted of "the habitual
practice of debauchery" andsentenced to three years in
prison. The debauchey charges stem from alleged homosexual
conduct. awyers for the men intend to appeal the conviction
but are not optimistic. On January 13, four oter HIV
positive men were also convicted of debaucery and sentenced
to one year in prison, sentencs they are currently serving
following unsuccessul appeals. Charges against three other
men, alo indicted for debauchery, were reportedly dropped
after the men tested negative for the HIV virus.


2. (C) The five men convicted yesterday are represented by
lawyers from the Egyptian Initiative for Personal Rights
(EIPR). According to EIPR, the arrests and convictions are
part of an ongoing crackdown on HIV positive homosexual men.
The crackdown began in October 2007, when a man arrested in
downtown Cairo told police he was HIV positive. During a
subsequent interrogation, he apparently identified other
potentially HIV positive men, leading to these arrests and
convictions. According to the EIPR, police and prosecutors
are continuing to question the convicted men in an effort to
identify additional HIV positive homosexual men. EIPR
expects the arrests and prosecutions to continue as
additional suspects are identified.


3. (C) EIPR believes the crackdown is sparked by the security
services, prosecutors and judges' genuine fear of the spread
of HIV/AIDS. EIPR told us that during one trial, prosecutors
and judges identified the charge as "carrying AIDS" and had
to be corrected by defense lawyers. One prosecutor toldthe
EIPR lawyer that his goal was to keep HIV positive men off
the streets to prevent them from spreading the virus. EIPR
found it significant that the three men arrested and
subsequently found not to be HIV positive were released.
EIPR told us that Egypt's Ministry of Health (MOH),which has
an HIV/AIDS prevention program, failed to play a constructive
role in this case, despite requests from defense lawyers.
Instead, it sent MOH doctors to visit the men while they were
being held, asked them to complete "confidential" health
surveys, and then turned the surveys over to prosecutors who
used them as evidence in the trials.


4. (C) Comment: This may be an instance where the government
is attempting, however misguidedly, to protect public health,
rather than a general crack down on homosexuality. For
example, we are aware of a recent case where an HIV positive
foreign resident of Egypt was deported within approximately
48 hours of his diagnoses at a public hospital. Either way,
human rights activists expect the campaign to continue, with
additional arrests and prosecutions. EIPR urged us to raise
the issue privately with the Egyptian government, but to
refrain from public statements.
RICCIARDONE