US said to withhold $85 million aid to Egypt because of political detentions

Over the last decade or so, the U.S. Congress has made some aid subject to human rights conditions. Under U.S. law, $85 million is contingent on Egypt "making clear and consistent progress in releasing political prisoners, providing detainees with due process of law, and preventing the intimidation and harassment of American citizens." These conditions cannot be waived by the executive branch. A further $235 million is conditioned on Egypt meeting democracy and human rights requirements.

The United States has decided to withhold $85 million in military aid to Egypt because of Cairo's failure to free a sufficient number of political prisoners, a U.S. senator said on Wednesday, urging it to withhold $235 million more.

Two other sources familiar with the matter said the $85 million was being withheld and the decision on the other $235 million was expected soon. Neither the State Department nor the Egyptian embassy immediately responded to requests for comment.

"The administration rightly decided to withhold that first tranche - $85 million tied to the release of political prisoners - because there's just no question there has not been enough progress," Senator Chris Murphy, a Democrat, said on the Senate floor. "I would urge the administration to finish the job and withhold the full $320 million ... until Egypt's human rights and democracy record improves," Murphy said.

Rights groups have long accused Egypt of widespread human rights abuses under President Abdel Fattah al-Sisi's government, including torture and enforced disappearances. In the past, Sisi has denied there are political prisoners in Egypt, saying stability and security are paramount and that the authorities promote rights by trying to meet basic needs for jobs and housing.

For decades, the United States has given Egypt about $1.3 billion a year in foreign military financing to buy weapons systems and services from U.S. defense contractors. This aid is largely the result of the 1979 Egyptian-Israeli peace treaty. Over the last decade or so, the U.S. Congress has made some aid subject to human rights conditions.

Under U.S. law, $85 million is contingent on Egypt "making clear and consistent progress in releasing political prisoners, providing detainees with due process of law, and preventing the intimidation and harassment of American citizens." These conditions cannot be waived by the executive branch.

A further $235 million is conditioned on Egypt meeting democracy and human rights requirements. These conditions, however, can be waived by the executive branch if it certifies to Congress that this is in the U.S. national security interest. There is a further loophole for the $235 million, which can be given to Egypt regardless if it is for "counterterrorism, border security and nonproliferation programs for Egypt."

Last year, Washington allowed the full $75 million that was then contingent on progress on political detentions, citing progress including the release of about 500 people. It also allowed a further $95 million to go to Egypt under the counterterrorism, border security and non-proliferation exception.

As a result, it last year provided $170 million in the total of $300 million in military aid then subject to the human rights conditions while withholding $130 million, the same amount that it decided to withhold the previous year. The $85 million withheld "is an important reversal from last year," said Seth Binder of the Project on Middle East Democracy rights group. "But if the administration withholds less than it has the last two years it would in essence be saying to al-Sisi that it believe the Egyptian government has improved its rights record, which is just not true." (Reporting By Humeyra Pamuk and Arshad Mohammed; editing by Grant McCool)