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### Viewing cable 09CAIRO1925, UPDATE: PARLIAMENTARY AFFAIRS MINISTER ON

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09CAIRO1925 | 2009-10-08 16:04 | 2011-02-16 21:09 | CONFIDENTIAL | Embassy Cairo

`

    VZCZCXRO5680
    PP RUEHROV
    DE RUEHEG #1925/01 2811625
    ZNY CCCCC ZZH
    P 081625Z OCT 09
    FM AMEMBASSY CAIRO
    TO RUEHC/SECSTATE WASHDC PRIORITY 3796
    INFO RUEHXK/ARAB ISRAELI COLLECTIVE PRIORITY
    RHEHNSC/NSC WASHDC PRIORITY

` `

    C O N F I D E N T I A L SECTION 01 OF 03 CAIRO 001925

    SIPDIS

    NEA/ELA FOR SHAMPAINE/PINA
    NSC FOR KUMAR

    E.O. 12958: DECL: 10/07/2019
    TAGS: PREL PRGOV PTER KIRF KDEM EG
    SUBJECT: UPDATE:  PARLIAMENTARY AFFAIRS MINISTER ON
    NOVEMBER LEGISLATIVE AGENDA, CT LAW, AND PLACES OF WORSHIP
    LAW

    REF: CAIRO 1059

    Classified By: Ambassador Margaret Scobey for reasons 1.4 (b) and (d

    ¶1. (C) Key Points:

    -- Minister of State for Legislative and Parliamentary
    Affairs Moufid Shehab confirmed that the new
    counter-terrorism law would be submitted to parliament by
    March 2010 in order to go into effect before the Emergency
    Law expires in May 2010. However, internal disagreements
    remain on detention limits and how to deal with those
    currently detained under the Emergency Law.

    -- According to Shehab, the GoE remains committed to passing
    the Unified Places of Worship legislation this year, but is
    looking at amendments they feel would assure smooth
    implementation.

    -- Amendments to the law defining torture and draft
    legislation governing NGOs in Egypt may also be presented in
    the current session.

    ¶2. (C) Comment:  In 2007 the GoE extended Emergency Law
    despite President Mubarak's 2005 commitment to lift it and
    could do that again, potentially postponing it to after the
    2010/2011 election season.  Lifting the Emergency Law before
    the June 2010 Shura Council election would send a signal the
    GoE can follow up on its commitments and implement key
    reforms.  We continue to emphasize that new legislation on
    the construction and repair of places of worship is an
    important indicator of progress on religious freedom.  We
    will follow up on proposed changes to the NGO Law given our
    continued concerns about the current registration and
    oversight process. End Comment.

    ¶3. (C) The Ambassador met with Minister of State for
    Legislative and Parliamentary Affairs Moufid Shehab on
    September 27 to review GoE legislative priorities for the
    November session of parliament.  The Minister was accompanied
    by his newly named advisor, Dr. Ashraf Mohsen, Deputy
    Assistant Foreign Minister and MFA Coordinator for
    Counter-Terrorism, member of the inter-ministerial
    counter-terrorism law drafting committee, and recently named
    head of the Arab League terrorism experts group.

    ------------------
    Legislative Agenda
    ------------------

    ¶4. (C) The Ambassador noted ongoing U.S. interest in the
    pending draft counter-terrorism legislation ("draft CT Law"),
    the Unified Law on Construction of Places of Worship
    ("Unified Law") and raised torture legislation and reports of
    a new draft NGO law.  Minister Shehab said internal
    discussions on the legislative agenda continued and that he
    expected to present a final document to the Council of
    Ministers at the end of October.

    -----------------------------------
    Draft Counter-Terrorism Legislation
    -----------------------------------

    ¶5. (C) On the draft CT Law, the Ambassador noted the
    importance of lifting the Emergency Law and reinforced her
    earlier message that the U.S. remains concerned that any new
    legislation balance national security with the preservation
    of civil liberties.  Minister Shehab agreed on the need for
    balance and noted the legislation was largely based on the
    British anti-terrorism act.  Shehab confirmed that the draft
    CT Law would be introduced before March 2010 to ensure it is
    in effect before the Emergency Law expires in May 2010.
    However, Shehab said the drafting committee continued to
    discuss the maximum period of detention by police (reftel).
    Shehab said he had advocated against the MOI proposal of 45
    days and that no agreement on a number had been reached by
    the drafting committee.  In contrast, he explained the
    Emergency Law currently allows police to detain a terrorism
    suspect for an unspecified amount of time.  (Note:  In a
    follow-on meeting with PolOff, Dr. Ashraf Mohsen clarified
    that any limit to police detention eventually included in the
    draft CT Law would be subject to routine renewal following an
    application to the courts by the prosecutor.  End Note.)
    Shehab underscored his success securing a separate
    "guarantee" in the Draft CT Law that would require a detainee
    be allowed to challenge his detention before a judge 10 days
    after his arrest.  The draft also ensures that detainees see

    CAIRO 00001925  002 OF 003

    a lawyer within 24 hours (as required by Egypt's Penal Code).
     Shehab said Draft CT Law would not replace or duplicate the
    Penal Code but would add to it, creating special criminal
    categories and penalties.

    ¶6. (C) In a separate meeting, Shehab advisor Mohsen hinted at
    another conflict that has blocked progress in the drafting
    committee; how the law would deal with those suspects who are
    now being detained under the Emergency Law.  According to
    Mohsen, passage of the Draft CT Law would result in the
    immediate release, without prejudice, of all detainees
    currently held under the Emergency Law.  Mohsen added he had
    not seen reliable numbers from the MOI on the number of
    prisoners with this status.

    -------------------------------------
    Transferring Cases to Military Courts
    -------------------------------------

    ¶7. (C) Minister Shehab confirmed the draft CT Law would not
    affect the transfer of cases of particular concern to the
    military courts.  He described the military court as a rarely
    used option, (Note: Shehab advisor Mohsen cited only 10 cases
    referred to the court in the last five years.  End Note) but
    said cases against members of the Muslim Brotherhood (MB)
    will likely continue to be transferred to the military
    courts, calling the MB a danger to the state best handled
    "quietly and firmly."  Shehab advisor Mohsen clarified that
    the President's right to transfer any case from one court to
    another is guaranteed by Article 179 of the Constitution (as
    amended in 2007) which says the president may "...refer any
    terrorist crime to any of the judicial authorities stated in
    the constitution or in the law."  Shehab highlighted recent
    improvements to the military court system, including the
    creation of a military appeals court.  He emphasized the
    president's decision is "administrative" and therefore "in
    principle" can be over-turned by the Egyptian State Council.
    (Note:  The State Council is a constitutionally mandated
    judicial body made up of sitting judges that rules on
    "administrative disputes" and "disciplinary cases."  There is
    only one case that we are aware of in which a judge refuted
    the President's decision.  In May 2007, Administrative Court
    Judge Mohammed Al Husseiny overturned the president's
    decision to transfer MB Guidance Bureau member Khariat El
    Shatter's case to the military court.  His decision was later
    overruled, and El Shatter is now serving a seven-year
    sentence for money laundering and planning terrorist
    activities.  In June 2009 Husseiny became the President of
    the State Council after the retirement of his predecessor.
    End Note.)

    --------------------------------------------- ---------
    Draft Unified Law on Construction of Places of Worship
    --------------------------------------------- ---------

    ¶8. (C) The Ambassador raised the Unified Law on Construction
    of Places of Worship ("Unified Law"), noting that the U.S.
    sees passage of a law that would equalize the construction
    permits process for churches and mosques as a fairness issue.
     Minister Shehab reviewed the history of the Unified Law and
    agreed that the current mechanism in which church
    construction requires presidential approval is unequal and
    unsustainable.  However, Shehab noted that the GoE, including
    President Mubarak, remain concerned that the Unified Law
    would lead to an uptick in requests for the construction of
    both mosques and churches and that refusals would be the
    subject of lawsuits that would clog the courts.  (Note:  It
    is unclear why the draft would lead to a change in the number
    of mosque requests.  Currently mosque construction is
    regulated at the local level by a committee as the Unified
    Law proposes.  End Note).  Shehab said he was working on an
    amendment that would require that any refusal to construct a
    place of worship (mosque or church) be forwarded to President
    Mubarak for his review.  Requests for repair would continue
    to be agreed to at the committee level.  According to Shehab,
    the president's role is designed to help diminish criticism
    or resistance to the implementation of the committee's
    decisions.

    -------
    Torture
    -------

    ¶9. (C) Minister Shehab indicated his Ministry was also
    reviewing a change to Article 126 of the Penal Code which
    defines torture.  Shehab noted that the definition of torture
    in the current law defines it as a crime only if in the

    CAIRO 00001925  003 OF 003

    pursuit of a confession to a crime and does not conform to
    the definition in the UN's torture convention, to which Egypt
    is a signatory.

    -------
    NGO Law
    -------

    ¶10. (C) Shehab confirmed media reports that a new draft law
    governing civil society organizations was being circulated by
    Dr. Abdel Aziz Hegazi, Chair of the General Federation of
    NGOs and Foundations (the NGO syndicate) that would transfer
    many NGO-management functions from the Ministry of Social
    Services (MOSS) to the Federation, including the initial
    authorization process.  Shehab called Hegazi's efforts "a
    revolution" in how NGO's are viewed in Egypt and said the
    amendments would allow for more freedom.  The Ambassador
    noted that the issue many NGO's raise with the Embassy is not
    inefficiencies at MOSS but delayed responses from the MOI in
    the processing of registration requests and the authorization
    of fund transfers from international donors.  In response,
    Shehab and Mohsen raised money-laundering concerns,
    particularly to MB-affiliated groups.  The Ambassador
    underscored the need to balance these legitimate security
    concerns with efforts to ensure rapid review and diminished
    interference in the approval process.
    Scobey

`