US embassy cable - 05CAIRO2089

LETTER TO SECRETARY FROM PRISONER NABIL SOLIMAN

Identifier: 05CAIRO2089
Wikileaks: View 05CAIRO2089 at Wikileaks.org
Origin: Embassy Cairo
Created: 2005-03-17 13:50:00
Classification: CONFIDENTIAL
Tags: PHUM PTER KJUS EG
Redacted: This cable was not redacted by Wikileaks.
P 171350Z MAR 05
FM AMEMBASSY CAIRO
TO SECSTATE WASHDC PRIORITY 5659
C O N F I D E N T I A L  CAIRO 002089 
 
 
E.O. 12958: DECL: 03/16/2015 
TAGS: PHUM, PTER, KJUS, EG 
SUBJECT: LETTER TO SECRETARY FROM PRISONER NABIL SOLIMAN 
 
REF: A. 04 CAIRO 9247 
     B. 03 CAIRO 2300 
     C. 02 CAIRO 6152 
 
Classified by Charge Gordon Gray for reasons 1.4 (b) and (d). 
 
1.  (C)  The Embassy received on March 1, 2005 a letter 
addressed to the Secretary from Nabil Soliman, who was 
returned by the United States to Egypt in June 2002.  Soliman 
was convicted by an Egyptian State Security Court in November 
2002 of membership in Egyptian Islamic Jihad.  Soliman 
received a five year sentence, which he has been serving in 
Cairo's Torah prison.  In keeping with the monitoring 
agreement completed as part of the negotiations for his 
return, Emboffs have regularly visited Soliman in prison, 
most recently on December 19, 2004 (ref A). 
 
2. (C) Soliman's letter, dated February 15, 2005, is 
reminiscent of his March 2003 letter to Secretary Powell (ref 
B).  In both letters, Soliman, who was first detained in the 
U.S. for immigration violations in 1997, argues that his 
removal from the United States was in violation of a U.S. 
court judgment ordering his release (which he alleges was 
suppressed by the Immigration and Naturalization Service). 
In his February 2005 letter, he repeated allegations he made 
in his March 2003 letter, and in his first meeting with 
Emboffs in June 2002 (ref C), that he was mistreated 
immediately following his return to Egypt. 
 
3. (C) However, in all six Embassy visits to Soliman 
subsequent to our June 2002 meeting, Soliman has asserted 
that he is being humanely treated, assertions consistent with 
his appearance and demeanor.  Nonetheless, in Soliman's most 
recent letter, he complains that prisoners with easy access 
to money (which he does not have) enjoy benefits which he 
does not, and adds that his complaints to prison officials on 
this point have led to threats that he would be transferred 
to a prison with much harsher conditions.  Soliman adds that 
his imprisonment has led to loss of contact with his children 
(believed to be in the custody of his estranged wife, 
possibly in the U.S.).  He closes with an appeal to the 
Secretary to intervene with the GOE for him to be released 
for good behavior upon the completion of half his sentence. 
(Comment:  Soliman's request that he be released upon 
completion of half his sentence would, if granted, be a 
departure from standard practice.  Prisoners in Egypt are 
often considered for (but not guaranteed) release for good 
behavior upon completion of three quarters - not one half - 
of their sentence.  End comment.) 
 
4. (C) The text of the letter (edited to correct minor 
spelling errors) is repeated below.  Embassy is pouching the 
original to NEA/ELA. 
 
Begin text 
 
The Honorable Dr. Condolezza Rice, 
Secretary of State 
c/o The Embassy of the United States 
Cairo, Egypt 
 
February 15, 2005 
 
Dear Dr. Rice: 
 
My greeting to you and congratulations for your new position 
with my best wishes.  I had requested from the U.S. Embassy 
to see you if you come to Egypt.  The U.S. Embassy has asked 
what is my complaint.  However, I understand well that the 
Secretary of State will have no time to meet an individual to 
discuss a small case.  So, I am writing to you this letter 
hoping that you might give me a few minutes from your 
valuable time to read it. 
 
The U.S. Embassy agents are very venerable and concerned 
people, but they not have much to do for my case.  Then I am 
raising this issue to you.  This issue in fact is that my 
constitutional rights have been violated by both governments 
the American and the Egyptian.  I believe that you will be 
concerned about this issue, simply because you are very 
sincere not to undermine the democratic ideals and principals 
in the United States in which they were founded.  Also, I 
believe that you are very serious to change the Middle East 
from dictatorship and corruption to democracy and liberty. 
 
I will explain to you briefly why my constitutional rights 
have been violated by both countries as following: 
 
First, in the United States: 
 
1.  I had been detained for five years in the United States 
by the immigration and naturalization service (INS) from July 
1, 1997 to June 11, 2002.  I was not charged with any crime 
and in fact I was not even under investigation in the United 
States.  I have been ordered to remove from the U.S. to a 
third country as a final decision.  I had a valid travel 
documents which would allow me to travel to several different 
countries but the INS intentionally did not allow me to leave 
the U.S. to continue my detention.  Regardless of the fact 
that my fifth amendment right have been violated by depriving 
my liberty. 
 
2.  In fact the INS has intentionally suppressed two letters 
granting me supervised release from the detention pending my 
removal.  The first decision was signed and date on November 
27, 2001, granting my release as of that date.  The second 
decision was signed and dated on February 25, 2002, granting 
my release as of that date.  The two decisions in those 
custody reviews were intentionally suppressed from me and my 
lawyer for more than six months in an apparent scheme to keep 
me in detention until they could devise a plan to extradite 
me to Egypt, despite its lack of authority to do so and 
regardless of the fact that my due process rights have been 
violated. 
 
3.  On June 12, 2002, my extradition to Egypt has been taken 
place despite the fact that there is no extradition treaty 
exists between the United States and Egypt.  The INS 
repeatedly has stated throughout the record in my case that 
its actions towards me are based on its concern for 
maintaining a good relationship with Egypt and that Egypt 
wants me returned to Egypt to face charges.  Regardless of 
the fact that the United States had never ever extradited a 
person without extradition treaty in its history.  I have 
been handcuffed, shackled my feet and taken into private 
airplane, there was a guard waiting for me with an injection 
to make me sleep by the drug.  Then I have been handover to 
the Egyptian General Intelligence upon my arrival in Cairo 
airport. 
 
The U.S. Ambassador Mr. David Welch said that "Soliman's 
removal coming after successful bilateral discussion, is 
another example of the close U.S. friends and allies to 
eradicate this scourge."  (See U.S. Embassy, Public Affairs, 
Cairo, July 5, 2002).  Moreover, the INS have no legal right 
to extradite me to Egypt without extradition treaty, not even 
have legal right to remove me to Egypt as a normal 
immigration removal, because before I granted the deferral of 
removal to any third country, I have been ordered to remove 
from the U.S. as a final order under section 241 (b)(1) of 
the Immigration and Nationality Act.  According to this 
section, my removal was to the last country I visited before 
entering the United States which is in my case was Morocco 
not Egypt. 
 
Second, in Egypt: 
 
1.  Upon my arrival in Egypt I had been tortured by electric 
shook and beaten by stick at the General Intelligence, 
despite the diplomatic assurances that I will not be 
tortured.  Also, when I was transferred to the investigation 
state security for question not even related to my case, they 
left me over there handcuffed and blindfolded wearing them 
all time for days. 
 
2.  I was tried in state security emergency court for 
mistaken identity case.  There was no evidence against me, 
there was no witness against me and the prosecutor had 
nothing to say about my charges.  On the other hand I had 
submitted official documents clearing my name and 
fingerprint.  (See Al Ahram newspaper, January 31, 2003).  I 
was sentenced to five years and there is no appeal for the 
emergency court. 
 
3.  In the small level at the jail management who can make my 
life miserable.  The jail is convenient only for who have 
money which I do not have.  There is no complaint to avoid 
severe harm or framing by new case.  I have been threatened 
several times to be transferred to Abu-Zabal jail which is 
not good even for animals.  The cell over there has no 
bathroom but only a big bucket to use as a bathroom.  There 
are no medical services, or visitation for family and lawyer. 
 On one time I was told to pack my staff to be transferred to 
Abu-Zabal jail because I had complained that I am not 
receiving my food but they changed their mind after I get 
their message. 
 
As a result of all the above my family has been broken and I 
lost my five children, (two of them are American citizens). 
I do not know where is their location for almost five years, 
other than they are in the United States, despite my right of 
(children whereabouts) as a parent's right of children who 
are American citizens.  Also, I have been damaged 
psychologically, emotionally and economically, which have 
been inflicted upon my health causing me a high blood 
pressure. 
 
So, I am appealing to you to do your best to get my legal 
right of releasing me at half time sentence which apply to 
me, as I am a good behaviour. 
 
Also, I appealing to you to get my legal right of (child 
whereabouts) as I am a parent for children who are American 
citizens, and help me out to live with my children wherever 
they are. 
 
I appreciate in advance your effort, help and valuable time. 
 
Respectfully submitted, 
 
/Signed/ 
 
Nabil A. Soliman 
Cairo, Egypt 
 
End text. 
 
 
Visit Embassy Cairo's Classified Website: 
http://www.state.sgov.gov/p/nea/cairo 
 
You can also access this site through the 
State Department's Classified SIPRNET website. 
 
GRAY 

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