US embassy cable - 05CAIRO2876

UNCLAS SECTION 01 OF 04 CAIRO 002876 
 
SIPDIS 
 
SENSITIVE 
 
FOR NEA/ELA, DRL (OZKAN AND CASTEEL) 
NSC STAFF FOR POUNDS 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, PGOV, KDEM, EG 
SUBJECT: EGYPT'S NATIONAL COUNCIL FOR HUMAN RIGHTS 
 
REF: CAIRO 2733 
 
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Summary 
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1.  (SBU)  The National Council for Human Rights (NCHR) has 
publicly released its first annual report.  Although there 
are several obvious omissions, the breadth of the report's 
coverage suggests an organization that is balancing its close 
links with the Government of Egypt with a desire to 
demonstrate its credibility and its human rights bona fides. 
The report frankly describes a number of human rights 
violations that occurred during the Council's first year of 
operations, including mass arrests of alleged terror suspects 
in Sinai, torture, and harassment of critics of the GOE.  The 
report also strongly urges the GOE to take various steps to 
improve the human rights situation in Egypt, including 
lifting the State of Emergency, adhering to international 
norms regarding torture, and generally improving Egyptian 
citizens' rights to hold their government accountable.  The 
report does not address the issue of religious minorities' 
rights, nor does it tackle fully the complex issues 
pertaining to civil-political rights.  Finally, the report 
focuses almost entirely on the domestic Egyptian situation, 
and does not take gratuitous potshots at either the USG or 
the Government of Israel.  End summary. 
 
2.  (SBU)  As noted reftel, the NCHR has released its first 
annual report.  The NCHR has so far not sought to publicize 
the report, instead preferring to provide copies in response 
to written requests.  Post obtained an Arabic-language copy 
on April 11, and is now able to provide an initial review of 
the 350 page document. 
 
3.  (SBU)  The first four chapters of the report are devoted 
to a detailed review of existing Egyptian law pertaining to 
human rights issues, as well as a review of the Council's 
activities.  Chapters Five and Six, comprised of the 
remaining 150 pages, are the heart of the report, with 
descriptions of human rights violations followed by the 
NCHR's recommendations for GOE action.  The following 
paragraphs detail the report's findings and recommendations. 
 
4.  (SBU)  The report cites a number of specific human rights 
problems, noting that 2004 witnessed "regrettable setbacks" 
in the protection of the basic right to life.  In addition to 
citing terror killings of civilians, and accidental Israeli 
Army killings of Egyptian soldiers along the border, the 
report also covers the deaths in GOE custody of several 
detainees, including Muslim Brotherhood member Akram Zuhairy 
in May 2004 and several young men in August 2004 who were 
being returned in police custody from Libya after seeking to 
travel illegally to Italy. 
 
5.  (SBU)  In the area of the "right to freedom and personal 
safety," the report criticizes GOE detention of members of 
the Muslim Brotherhood, mass detentions of family members of 
suspects in the October 2004 Sinai terror bombing, and the 
continued detention of thousands of alleged extremists 
belonging to organizations which have long since renounced 
violence. 
 
6.  (SBU)  Regarding GOE treatment of prisoners, including 
torture, the report notes that the widespread practice of 
torture in Egyptian detention facilities is a violation of 
the Egyptian constitution, perverts justice (since it can 
lead to false confessions), and tarnishes Egypt's image.  The 
report notes that the GOE has participated in the 
repatriation to Egypt of Egyptian Islamists who have later 
charged that they have been tortured by the GOE.  The report 
identifies a gap between GOE assurances that it respects 
human rights and the "daily practice" in GOE detention 
facilities. 
 
7.  (SBU)  Regarding the right to a fair trial, the report 
critiques the use of military courts for civilian detainees, 
the general use of emergency courts, the slow administration 
of justice, and the unregulated use of preventative 
detention.  The report notes that in 2004, emergency courts 
convicted the Islamic Liberation Party defendants, and 
acquitted leftist Ashraf Ibrahim. 
 
8.  (SBU)  The report calls attention to the case of a Yemeni 
dissident who was exchanged in 2004 by the GOE security 
services for Egyptian Islamists held by the Government of 
Yemen.  The report also gives credence to a 2004 report by 
the Egyptian Organization for Human Rights which documented 
52 cases of disappearances between 1992 and 2003. 
 
9.  (SBU)  In the area of citizenship rights, the report 
raises the case of Mrs. Wafaa' Constantine, wife of a Coptic 
Orthodox priest whose alleged conversion to Islam in late 
2004 sparked large protests in Cairo.  Constantine soon 
asserted that she had no desire to convert to Islam.  The 
NCHR report criticizes the GOE for failing to handle the 
matter in a transparent fashion, and thereby threatening 
national unity and social peace. 
 
10.  (SBU)  Regarding the protection of Egyptians residing 
outside of the country, the report lauds the GOE for its 
efforts to assist several high profile cases, including 
kidnap victims in Iraq as well as six students detained by 
Israel who were eventually exchanged for an Israeli in GOE 
custody.  The report also flags the issue of Egyptian 
detainees at Guantanamo as well as the conditions faced by 
600 Egyptians in Libyan prisons. 
 
11.  (SBU)  Turning to the matter of political freedoms, the 
report notes that the National Democratic Party (NDP) 
proposed a number of potentially significant political 
reforms at its September 2004 conference, but that none had 
been enacted at the time of writing.  In the area of freedom 
of speech and the press, the report acknowledges the 
licensing of several new publications, including the Ghad 
(Tomorrow) Party newspaper, but describes a November 2004 
attack on journalist Abdel Halim Qandil as "the most flagrant 
violation of freedom of expression."  It also raises concerns 
about the role of Al Azhar University's Islamic Research 
Council (IRC) in book confiscations. 
 
12.  (SBU)  Regarding freedom of association, for political 
parties, NGOs, unions, and syndicates, the report 
acknowledges the GOE's approval of several new parties, 
including the Ghad Party, but points to public concern over 
the "arbitrary and sudden measures" taken against Ghad Party 
leader Ayman Nour, a parliamentarian who was stripped of his 
immunity and detained by the GOE for six weeks on charges of 
forgery.  The report also notes concerns about the 
restrictive nature of Egypt's NGO law (84/2002) and notes 
that human rights organizations in particular have called for 
the GOE to end restrictions on their activities. 
 
13.  (SBU)  On the issue of political participation by the 
citizenry, the report notes that despite a variety of 
political reform proposals in 2004, none had been translated 
into concrete action by the end of the period under review. 
The report also provides examples of the way in which the 
current political set up favors the ruling National 
Democratic Party (e.g., by limiting the opposition's ability 
to conduct rallies or access the media.  Regarding 
professional syndicates, the report notes the ongoing debate 
in Egypt about law 100/1993 which the GOE uses to control 
elections for syndicate leadership. 
 
14.  (SBU)  The report offers a detailed assessment of 
economic, social, and cultural rights, with sections on 
combatting poverty, education, labor issues, insurance, 
pensions, medical care, and housing.  (Note:  Post will 
review these sections, which appear to be of less importance 
to our political reform concerns, and report on them as 
appropriate.  End note.) 
 
15.  (SBU)  Finally, the report notes that women and children 
in Egypt are particularly vulnerable to certain kinds of 
human rights violations.  In particular, the report flags the 
problems of violence against women, low political 
participation by women, and persecution of street children by 
the authorities. 
 
16.  (SBU)  The report concludes with the following 12 
recommendations: 
 
I.  Strengthening the Right to Life and Personal Safety. 
 
The NCHR calls for the end of the State of Emergency, noting 
that the looming 2005 elections should be held in an 
"atmosphere of neutrality, confidence, and commitment to 
ordinary laws."  The Council opines that ordinary Egyptian 
law is sufficient to address the threat of terrorism and that 
a continuation of the Emergency law will have "a negative 
impact on society and its progress and development."  In 
addition, the report calls on the GOE to resolve the issue of 
detainees, especially those who have already obtained release 
orders or are suffering from ill health.  The reports also 
criticizes the practice of preventive detention. 
 
II.  Prisons. 
 
While acknowledging several recent improvements in prison 
conditions, the report charges that inmates are not generally 
treated in the "humane manner... stipulated by" GOE law.  The 
reports calls for greater judicial supervision of prisons; a 
more efficient and response method for addressing inmate 
complaints; guaranteed visits to prisons by inmates' 
families; inspection of detention facilities (including State 
Security Investigations Services detention facilities); 
upgrading of all prisons to international standards; and 
improving nutrition provided to inmates. 
 
III.  Halting Torture. 
 
The report calls for revision of the Egyptian penal code to 
make it compatible with the Convention Against Torture, which 
Egypt joined in 1986, so that the specific practices 
(including torture to extract confessions) be formally 
banned.  The report defines torture as "any physical or 
psychological assault" and calls for punishment of any GOE 
officials found guilty of committing torture, or even failing 
to disclose torture committed by other officials.  It calls 
upon the GOE to ratify articles 21 and 22 of the U.N. 
Convention Against Torture and "show that it has nothing to 
hide with respect to its commitment to criminalize torture 
and the mistreatment of prisoners."  The report further calls 
for an expansion of torture victims' rights, including an end 
to the Public Prosecutor's monopoly on the decision to try 
GOE officials for torture.  The report calls for suspects to 
have the right to counsel during interrogation and calls upon 
the police and security services to "reduce the possibilities 
of torture at Egyptian detention centers." 
 
IV.  Disappearances. 
 
The report calls on the GOE to revise Egyptian law to require 
the Ministry of Interior to specify the locations for the 
detention of all detainees, including those who are under 
investigation as well as convicts.  The report criticizes the 
GOE for its current practice of mismanaging and refusing to 
provide information on detainee records. 
 
V.  Travel Bans. 
 
The report criticizes the GOE practice of banning travel by 
GOE critics and opposition figures, and argues that any bans 
should be notified to the defendant, subject to judicial 
supervision and review, and open to appeal by the defendant. 
 
VI.  Effective Administration of Justice. 
 
The report calls for an overhaul of the administration of 
justice system, to improve efficiency and transparency.  It 
calls for better maintenance of records and consideration of 
alternative dispute resolution mechanisms. 
 
VII.  Violations of the Rights of Egyptians Abroad. 
 
The report calls for a number of measures to be take through 
education campaigns and through diplomatic channels to 
improve the rights of Egyptians who reside outside of Egypt. 
These recommendations are intended to improve the situations 
of the estimated two million Egyptians who work in the Gulf 
and elsewhere. 
 
VIII.  Treatment of Citizens by the State. 
 
The report calls for a range of improvements in the ways in 
which the GOE bureaucracy delivers services to the citizenry. 
 
IX.  Social and Economic Rights. 
 
The report calls for clear and consistent provision by the 
State of social and welfare services to all citizens who 
require such assistance. 
 
X.  Women's Rights. 
 
The report calls for GOE development of a national plan to 
expand and improve women's participation in political life. 
It also calls for elimination of discriminatory legal 
provisions (such as penal provisions against adultery which 
discriminate against women), revision of personal status law 
provisions, creation of programs that promote more equal 
participation in the work force and government (including at 
all levels of the judiciary), and a national action plan to 
halt violence against women. 
 
XI.  Children's Rights. 
 
The report calls for an end to the practice of the security 
services handling the issue of street children; 
criminalization of child labor; criminalization of female 
genital mutilation; protection of the rights of disabled 
children; and raising the legal age for female marriage from 
16 to 18. 
 
XII.  Strengthening the Culture of Human Rights in Egypt. 
 
The report's recommendations conclude with a call for 
complete integration of human rights issues and awareness 
into the national curricula, at the primary, secondary, and 
tertiary levels. 
 
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Comment 
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17.  (SBU)  The lack of attention in the report to the human 
rights difficulties faced by religious minorities in Egypt is 
the most glaring omission in the report.  Notwithstanding 
this lacuna, our initial review leaves us favorably impressed 
with the effort.  The publication of a critical report, with 
specific recommendations for GOE action is a noteworthy 
development in the region.  The report provides candid 
discussion of a number of problematic areas, including many 
which we cover in our own Country Report on Human Rights 
Practices.  The report's focus on the Emergency Law, 
arbitrary detentions, prison conditions, and torture are 
particularly welcome.  We will continue to review the details 
of the report and we await with interest the GOE response to 
the this critical document.  End comment. 
 
 
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