December 8, 2008

(Washington, DC) – The American Center for Law and Justice (ACLJ) – along with its European affiliate the European Centre for Law and Justice (ECLJ) – said today it is pleased that a federal appeals court has acted to protect the human rights of a Coptic Christian from Egypt who is likely to face torture and possible death if he is returned to his native country.  The ACLJ and the ECLJ – which has special consultative status with the United Nations – filed an amicus brief on behalf of Sameh Sami S. Khouzam.

In a decision by the U.S. Court of Appeals for the Third Circuit, a three-judge panel upheld a lower court decision giving Khouzam the right to challenge Egypt's "diplomatic assurances" that it will not torture him when he returns to Egypt.  At the same time, the federal appeals court decision permits Khouzam to remain in the United States while he continues his battle to fight deportation.

In its decision released Friday, the federal appeals court concluded that Khouzam "was denied due process" and determined that the U.S. Goverment "did not permit Khouzam to see the written diplomatic assurances that had been obtained from Egypt, and provided no information pertaining to the Government's reasons for crediting those assurances."

"It is very encouraging to see the federal appeals court take action to protect the human rights of a Coptic Christian who is likely to face torture and possible death if he returns to Egypt," said Jay Sekulow, Chief Counsel of the ACLJ and ECLJ.  "The federal appeals court blocked the federal government's desire to deport Khouzam and clears the way for him to challenge Egypt's assertions he he will not be tortuted.  The fact is that as a Coptic Christian, Khouzam effectively has no rights in his native Egypt and quite frankly because of his religious beliefs is certain to be denied the most basic of human rights and protections.  We're pleased that the federal appeals court rejected the U.S. Government's appeal and moved to keep Khouzam out of the hands of a government that is likely to gravely punish him because of his religious beliefs."
 
The decision by the federal appeals court upholds a decision issued in January 2008 by a federal district court that temporarily put the deportation on hold saying that "he most assuredly has a right not to be tortured."

In its amicus brief, the ACLJ and ECLJ contend that Egypt’s assurances that it won’t torture Khouzam are simply not credible.

"Coptic Christians, like Sameh Khouzam, struggle for basic human rights, including religious freedom, in Egypt," the brief argues.  Citing the U.S. Copts Association, the brief states: "Despite international disapproval, the Egyptian government 'continues to deny Copts basic rights such as judicial and police protection from persecution, freedom of religious expression and worship, and equal opportunity employment.' As a result, millions of Coptic Christians have immigrated to Western countries to flee persecution in Egypt."

The brief also contends that the United Nations Convention Against Torture (CAT) should apply in this case.  CAT states that "[n]o State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture."  The brief asserts that "where the receiving country has a poor human rights track record, like Egypt does, diplomatic assurances should carry almost no weight."

You can read the friend-of-the-court brief here.

The ECLJ has special consultative status from the U.N. – a designation that enhances the global nature of the ACLJ’s religious liberty and human rights work that already spans more than 35 countries. 

Led by Chief Counsel Jay Sekulow, the ACLJ and its worldwide affiliates engage in litigation, provide legal services, render advice to individuals and governmental agencies, as well as counsel clients on global freedom and liberty issues.  The ACLJ and its affiliated organizations also support training law students from around the world in order to protect religious liberty and safeguard human rights and dignity.

The ECLJ is based in Strasbourg, France and the ACLJ is based in Washington, D.C.