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Court Bars Deportation of Christian Facing Torture In Egypt

By Howard Friedman

In Khouzam v. Hogan, (MD PA, Jan. 10, 2008), a Pennsylvania federal district court barred the government from deporting an Egyptian national who had previously been tortured by Egyptian law enforcement officials because of his Coptic Christian religious beliefs. Sameh Khouzam is charged by Egyptian officials with murder. The district court held that it is not enough that U.S. authorities have diplomatic assurances from Egypt that Khouzam will not be tortured if returned there. The Convention Against Torture, as implemented by the Foreign Affairs Reform and Restructuring Act, prohibits extraditing a person to a country where there are substantial grounds for believing he would be subjected to torture. The Due Process Clause requires a review of the diplomatic assurances by an impartial adjudicator. The ACLU yesterday issued a release praising the decision.

Full post as published by Religion Clause on January 11, 2008 (boomark / email).