VZCZCXYZ0000
RR RUEHWEB

DE RUEHC #6567 2312031
ZNR UUUUU ZZH
R 192014Z AUG 09
FM SECSTATE WASHDC
TO AMEMBASSY CAIRO 2772

UNCLAS STATE 086567 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EWWT MARR PGOV PHSA PHUM PREL EG
SUBJECT: DEMARCHE:  PROSECUTING PIRATES OF EGYPTIAN 
FISHING VESSELS SAMARAH AHMED AND MOMTAZ 1 
 
REF: (A) STATE 59021 (B) CAIRO 1571 
 
¶1.  This is an action request.  See paragraph 2. 
 
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Objectives 
-------------- 
 
¶2.  Department requests that the Embassy approach the GOE at 
the appropriate level with the following objectives: 
 
-- Express U.S. admiration for the courageous self-rescue of 
the Egyptian crews of two pirated fishing vessels; 
 
-- Determine GOE intent with regard to prosecuting the 
suspected pirates.  The pirates are reportedly in the custody 
of the crew members, who are currently sailing the two 
fishing vessels back to Egypt. 
 
-- Explain USG's position that affected states should 
prosecute piracy in their national courts; and 
 
-- Encourage GOE to prosecute these pirates in Egyptian court. 
 
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Reporting 
------------- 
 
¶3.  Post is requested to report by either email or cable by 
September 7 to PM/PPA Donna Hopkins, Hopkinsdl@state.gov or 
hopkinsdl@state.sgov.gov. 
 
---------------- 
Background 
---------------- 
 
¶4.   The SAMARAH AHMED and MOMTAZ 1 are Egyptian fishing 
boats held since April 10 by pirates near the Somali port of 
Bossaso.  According to press reports, the crews of the two 
boats overpowered their captors on or about August 14 and are 
now sailing back to Egypt with eight captive pirates.   One 
press report stated that two pirates were killed; another 
reported that "seven dead pirates" washed up on Somali shores 
right after the self-rescue.  The crews reportedly declined 
an offer by the GOE to be flown back to Egypt, choosing 
instead to sail their ships home to demonstrate their "pride 
and courage." 
 
¶5.  Department had previously urged GOE to prosecute pirates 
captured on May 13 by U.S. forces while attacking the 
Egyptian-flagged, Egyptian-owned, and Egyptian crewed M/V 
AMIRA in April 2009 (State 59021).  GOE took no action and 
the U.S. Navy eventually transferred the suspects to Kenya 
for prosecution.  Subsequent conversations with Egyptian 
officials indicated that GOE is reluctant to prosecute Somali 
pirates in Egyptian courts (Cairo 1571). 
 
¶6.  The United States believes that the state(s) affected in 
a pirate attack should accept responsibility for prosecuting 
the suspects.  Kenya has accepted over 100 suspects for 
prosecution in cases where affected states have not been 
willing or able to prosecute the offenders, but the burden 
needs to be shared more broadly.  The Kenyan judicial system 
is being strained and some Kenyans are increasingly 
questioning their role.  In order to avoid impunity for acts 
of piracy, it is becoming increasingly important that 
affected states prosecute pirates in their national courts. 
GOE prosecution of the SAMARAH AHMED and MOMTAZ 1 pirates 
would set an important precedent in the region and 
demonstrate that suspected pirates will be brought to justice. 
 
¶7.  PM PDAS Tom Countryman will lead the U.S. delegation to 
the September 10 plenary meeting of the Contact Group for 
Piracy off the Coast of Somalia.  Post,s findings will 
inform his discussion with his Egyptian counterpart. 
CLINTON