C O N F I D E N T I A L BAGHDAD 000230


E.O. 12958: DECL: 07/23/14
TAGS: PREL PTER IZ ICRC
SUBJECT: USEB 146: ICRC DELIVERS COPIES OF TWO LETTERS
REGARDING DETAINEE TREATMENT TO EMBASSY BAGHDAD

REF: (A) ICRC letter BAG 04/747, (B) ICRC letter BAG
04/748.

(U) CLASSIFIED BY POL-MIL COUNSELOR RONALD E. NEUMANN FOR
REASONS 1.4 (B) AND (D).


1. (C) SUMMARY. On June 20, 2004, International Committee
for the Red Cross (ICRC) Baghdad Head of Delegation
Christophe Beney delivered copies of two letters (Refs A
and B) to Pol-Mil Minister Ambassador Neumann. Both letters
were labeled "Confidential." Both were addressed to General
George W. Casey, Commanding General of the Multi-National
Force-Iraq (MNF-I), and copied to Ambassador Negroponte.


2. (C) The text of both letters, which detail ICRC concerns
regarding MNF-I detainee procedures, is reproduced below.
The first letter (Ref A) concerns two Pakistani ICRC
interviewees who informed ICRC that they had been
transferred to Afghanistan from Iraq while in Coalition
custody, in violation of Article 49 of the Fourth Geneva
Convention. The second letter (Ref B) concerns ICRC
objections to the Coalition's provision of timely
information regarding detentions and detainees to ICRC
officials. END SUMMARY.


3. (C) International Committee for the Red Cross (ICRC)
Baghdad Head of Delegation Christophe Beney delivered
copies of two letters (Refs A and B) to Pol-Mil Minister
Ambassador Neumann. Both letters are dated July 20, 2004.
Both are addressed to Gen. George W. Casey, Commanding
General, MNF-I, and both are copied to Ambassador
Negroponte and Major General Geoffrey Miller, Deputy
Commanding General for Detainee Operations, MNF-I.


4. (C) Begin text of Ref A.

The International Committee for the Red Cross (ICRC) would
like to submit to your attention the following issue of
great concern.

During an ICRC visit to Camp Bagram Collection Point (BCP)
in Afghanistan on 24 to 28 May, 2004, the ICRC met two
Pakistani internees who claimed to have been arrested in
Iraq at the end of February 2004. These individuals, who
identified themselves respectively as Amanullah and Salah
Mohammad Ali Al-Hayyan, were allegedly arrested in Baghdad
by U.S. forces. They claimed to have been detained for
approximately one month in Iraq, presumably in Abu Ghraib,

prior to their transfer to BCP at the end of March.

During private interviews with other internees at the time
of the 24 to 28 May visit to BCP, the ICRC also received
allegations of the detention in Afghanistan of two other
persons who had been arrested in Iraq. The concerned
individuals were identified to the ICRC as: Abdallah,
Saudi, and Hossam, Yemeni, both arrested in March 2004 in
Fallujah. Both were allegedly transferred from Iraq to an
undisclosed place of detention run by U.S. services in
Afghanistan, a place of detention to which ICRC has not
been granted access. Both internees were allegedly
transferred out of this place to an unknown destination in
April 2004. In addition, these four individuals were
neither notified to the ICRC in Iraq nor met by the ICRC
during the course of its visits there.

The ICRC would like to emphasize that Article 49 of the
Fourth Geneva Convention (GC IV) prohibits forcible
transfers of protected persons from occupied territory to
the territory of the Occupying Power or to that of any
other country regardless of their motive. The violation of
Article 49 constitutes a grave breach of the GC IV, as
provided in Article 147 GC IV. The ICRC therefore calls
upon U.S. authorities to investigate the circumstances in
which this violation could have occurred and to take the
necessary measures as required by Article 146 GC IV.

The ICRC is deeply concerned for the welfare of internees
transferred out of Iraq and recalls its request to be
notified in a timely manner of all arrests made there. The
ICRC further requests to be informed of the whereabouts of
those who have been transferred to undisclosed locations
and asks that it be granted access to them without delay.

Copies of this letter are also being provided to the U.S.
Embassy in Kabul and the Commander of the CJTF 180 in
Afghanistan. In Washington, copies are being provided to
the relevant authorities of the Pentagon, State Department,
and National Security Council, in furtherance of the ICRC's
dialogue with U.S. authorities on issues of U.S. detention
policy and practices.

We thank you in advance for your cooperation and remain,
Yours sincerely, Christophe Beney, Head of Delegation, ICRC
Iraq".

End text.


5. (C) Begin text of Ref B.

The International Committee of the Red Cross (ICRC) would
like to draw your attention to the following issues of
concern.

The existing system of notification to the ICRC of persons
captured and detained under the control of the U.S.
authorities in Iraq has led to instances in which
notifications have not always been complete and timely. In
some cases, the ICRC discovered that it had not been
notified about the capture and internment of certain
individuals, and that such individuals were not presented
to the ICRC during its visits to internment facilities in
Iraq.

Notification should include: the surname, first names,
place and date of birth, nationality, place of last
residence, distinguishing characteristics, father's first
name, mother's maiden name, the date, place, and nature of
the action taken with regard to the individual, the address
at which correspondence may be sent to him, and the name
and address of the internee's contact person.

It is also essential that ICRC receives all capture cards
correctly completed upon capture, a complete list of the
population of each place of internment at the time of each
ICRC visit, and, on a weekly basis, a consolidated list of
all persons who are held under the responsibility of U.S.
authorities for more than 14 days. Appropriate information
must also be provided concerning transfers, releases,
deaths or escapes.

The following examples illustrate the problem of absence or
delayed notification of persons deprived of their liberty
held by U.S. authorities in Iraq:

(1) In its letter BAG-Field 04/184, dated 4 March 2004,
addressed to Lieutenant General R. Sanchez, Commander CJTF-
7, the ICRC reported the case of three Saudi nationals who
were not notified until five weeks after their arrest. The
delay of notification was most likely decided by those
responsible for their interrogation. The ICRC still expects
a reply from the U.S. authorities on this serious problem
of delayed notification.

(2) Two Pakistani internees (Amanullah and Salah Mohammed
Ali Al-Hayyan) met by the ICRC during a visit to Bagram
Collection Point in Afghanistan in May 2004 claimed that
they had been interned under U.S. control in Iraq, probably
in Abu Ghraib, between February and March 2004. Both
internees were eventually transferred to Bagram Collection
Point at the end of March. The ICRC has raised the issue of
transfers of internees from Iraq to Afghanistan in its
letter Bag 07/747, dated July 20.

(3) U.S. Secretary of Defense Donald Rumsfeld stated
publicly on 17 June 2004 that an internee had been hidden
from ICRC in Iraq for seven months. It was only after this
announcement, and upon the ICRC's repeated insistence to be
provided with the name of this individual, that the U.S.
authorities in Iraq informed the ICRC of the identity of
the concerned person. A 04 July 2004 letter signed by Major
General G. Miller indicated the name as Hiea Abdrumen
Rassul currently held in Camp Cropper.

With regard to each of these cases, the ICRC is concerned
that the lack of notification was not the result of
administrative mistakes, but rather a deliberate decision
not to allow the ICRC to perform its functions in a
satisfactory manner.

Therefore, we respectfully request that you give all the
necessary instructions to ensure that the ICRC is notified
of all arrests in a timely, reliable, and complete manner.

We thank you in advance for your cooperation and remain,
Yours sincerely, Christophe Beney, Head of Delegation, ICRC
Iraq.

End text of Ref B.



6. (C) Post is aware that copies of these letters were
made available to Maj. Gen Miller by ICRC Baghdad HoD Beney
on June 20, 2004.


NEGROPONTE