(SBU) AMB PROSPER DISCUSSES GTMO, SADDAM'S TRIAL

S E C R E T SECTION 01 OF 03 KUWAIT 002900 SIPDIS NOFORN E.O. 12958: DECL: 09/01/2014 TAGS: PTER PREL PHUM PINR KAWC KJUS KU SUBJECT: (SBU) AMB PROSPER DISCUSSES GTMO, SADDAM'S TRIAL WITH KUWAIT REF: A. STATE 172574 ¶B. KUWAIT 2771 ¶C. STATE 182533 ¶D. KUWAIT 1904 Classified By: Charge d'Affaires Matthew H. Tueller, Reasons 1.4(a),(b) and (c) ¶1. SUMMARY. Ambassador-at-Large for War Crimes Issues Pierre-Richard Prosper met with a Government of Kuwait (GOK) delegation on August 26 to discuss Kuwaiti detainees being held at Guantanamo Bay (GTMO) and the trial of Saddam Hussein. The delegation acknowledged receipt of post's notification regarding the proposed transfer of detainee Nasser al-Mutairi (Ref A),and confirmed that the GOK would detain, investigate and prosecute al-Mutairi. The Kuwaitis asked for clarification about what an enemy combatant designation means, having been notified that one of their nationals, Adel al-Zamel, had been deemed an enemy combatant. Kuwait's Attorney General pointed out that al-Zamel has already been sentenced by a Kuwaiti court to two years in prison for previous charges, and would be jailed according to that ruling immediately upon his return to Kuwait, if he were to be transferred. The Kuwaitis also discussed the recent USG decision to deny Kuwaiti attorney Abdul-Rahman Al-Haroun's request for access to GTMO detainees. Amb. Prosper explained that there is a difference between allowing Al-Haroun to visit the detainees, and permitting him to review files containing classified intelligence information; the former might be possible, but the latter was extremely unlikely. Concerning Iraq's war crimes investigations, the Kuwaitis expressed concern with Salem Chalabi's uncertain status and the lack of a designated GOI representative with whom they may work. Finally, the GOK asked Amb. Prosper to clarify whether there was a Kuwaiti minor imprisoned in Abu Ghraib. END SUMMARY. ¶2. (S) Ambassador-at-Large for War Crimes Issues Pierre-Richard Prosper met with a Government of Kuwait (GOK) delegation on August 26 to discuss Kuwaiti detainees being held at Guantanamo Bay (GTMO) and the trial of Saddam Hussein. The delegation, led by Director Khalid Muqamis of the MFA's Coordination and Follow-Up Department, also included Deputy Attorney General Sultan Majed Bu-Jarwah, General Hamdi Qnai and Khalid Khoshnan from the Ministry of Interior and Abdulaziz Al-Qadfan, Muqamis's assistant. -------------- -------------- ;(S) TRANSFER OF KUWAITI DETAINEE AT GUANTANAMO BAY -------------- -------------- ¶3. (S) Muqamis acknowledged receipt of post's diplomatic note regarding the proposed transfer of detainee Nasser al-Mutairi (Ref A),and indicated that the GOK had sent a note (Ref B) accepting Ref A's transfer conditions. Muqamis said that because of Kuwait's strong ties with the US, the GOK was also hoping for resolution of the remaining detainees' cases. Amb. Prosper thanked Muqamis for taking the time to meet him late on a weekend evening, and said he was pleased with the forward progress on al-Mutairi's case. He further noted that Secretary Powell understands the necessity of resolving these cases. ¶4. (S) Amb. Prosper asked the delegation whether the GOK would detain, investigate and prosecute al-Mutairi upon his transfer to Kuwait. Muqamis said that Kuwait had accepted all of the rules set forth in Ref A, as confirmed in their diplomatic note. He assured Amb. Prosper that al-Mutairi would be put before the court as soon as he is handed over and tried according to Kuwaiti law. According to the Attorney General, the law allows the GOK to detain him initially for 21 days and renew the detention every 15 days until he is put in front of a judge. The court could then continue al-Mutairi's detention, or set bail. The Attorney General stressed that in his experience, these types of detainees are held until sentencing. However, because the courts are independent, he could not guarantee that the court would not set bail. Amb. Prosper acknowledged that the USG understands this. He then advised that when the time comes to transfer al-Mutairi, it would be quickest if GOK officials traveled to GTMO to pick up the detainee. He added that this had a further advantage of allowing the GOK to visit its remaining nationals in GTMO once again. ¶5. (S) The Kuwaiti delegation inquired about a draft MOU, which would govern the transfer of all Kuwaiti detainees in Guantanamo. (COMMENT. We believe Muqamis was referring to a sample note governing transfer of detainees that was provided to the Kuwaiti Embassy in Washington for purposes of information only. END COMMENT.) Amb. Prosper said that for the time being, the USG was only prepared to go forward with the al-Mutairi case; however, this process could provide the framework for future transfers. -------------- (C) ENEMY COMBATANT DESIGNATION -------------- ¶6. (C) Muqamis next turned to the case of Adel al-Zamel, another Guantanamo detainee who was recently designated as an enemy combatant (Ref C). (NOTE. The Attorney General revealed that al-Zamel had already been sentenced by a Kuwaiti court to two years in prison for previous charges, and therefore would be jailed according to that ruling immediately upon his return to Kuwait. END NOTE.) Muqamis asked Amb. Prosper what that designation meant. Amb. Prosper explained that the US Supreme Court had ruled that all detainees have a right of review to see if their detention was justified. Therefore, the USG has convened tribunals to review each case (this is separate from a criminal process, he added). He outlined the one-year review stipulation for those deemed enemy combatants, and the military-criminal prosecution process. Amb. Prosper also clarified that individuals designated as enemy combattants are still eligible for repatriation ¶7. (S) The Attorney General asked when a civilian court would come into play for al-Zamel. Amb. Prosper replied that al-Zamel can now ask for a civilian court to review whether his designation as an enemy combatant was fair or not. He stressed that this would be a long process, because the losing side would undoubtedly appeal the decision. He added that to his understanding, the Washington, DC law firm representing the Kuwaiti detainees was currently working on this case. -------------- (U) ATTORNEY ACCESS -------------- ¶8. (C) Muqamis raised the recent USG decision to deny the access request submitted by Abdul-Rahman Al-Haroun, the Kuwaiti attorney appointed by Kuwait's GTMO detainees. Muqamis stressed that the GOK supports Al-Haroun's appointment, and said that it was important that Al-Haroun be permitted to visit to ensure that all detainees were in good condition. Given the media coverage of alleged abuses, he noted, a visit to determine that no Kuwaiti detainees had been mistreated would benefit both governments. Muqamis added that because the detainees have been imprisoned for a number of years by the USG, they probably would not trust American lawyers. ¶9. (C) Amb. Prosper said that he fully appreciated the GOK,s desire for Al-Haroun to gain access to GTMO, but added that the issue had become confused. He explained that there is a difference between allowing Al-Haroun to visit the detainees and permitting him to review files containing classified intelligence information. If the latter is desired, then a security clearance would be necessary. But, Amb. Prosper warned, this would not be easy to obtain; instead, governments have retained American law firms with attorneys on staff who already have clearances and can review classified information. ¶10. (C) On the other hand, Amb. Prosper said, if the GOK was asking for Al-Haroun to visit GTMO as a representative of the government, this could be simpler. Muqamis asked if it would be possible for Al-Haroun to meet the detainees without being monitored, emphasizing that the GOK is seeking an outcome that would provide a "good picture" to the Kuwaiti public. Amb. Prosper said that he would have to ask if this would be permitted. Muqamis stressed that Al-Haroun would like to meet the detainees in his capacity as a lawyer, not as a Kuwaiti citizen. Amb. Prosper cautioned that Al-Haroun would not be allowed to investigate and go through evidence. Amb. Prosper also suggested that GOK officials might want to visit in advance of Al-Haroun to obtain any notes they might need, since the lawyer might "put ideas in the detainees' heads." (Amb. Prosper explained there were no complaints about mistreatment at Guantanamo before attorneys told other countries' detainees about abuses at Abu Ghraib. The Kuwaiti Ministry of Interior representatives present confirmed that the Kuwaiti nationals in Guantanamo had not alleged abuse during MOI's two previous visits.) -------------- (U) TRIAL OF SADDAM -------------- ¶11. (C) With regard to the trial of Saddam Hussein and his associates, the Kuwaitis expressed concern with Salem Chalabi's uncertain status. Although the GOK has prepared a list of people who were involved in crimes against Kuwait, they are uncertain who in the GOI should receive this list. This is particularly sensitive, Muqamis said, because the Ba'athist rehabilitation process might allow some individuals who did not commit crimes in Iraq but did so in Kuwait to join the Iraqi government. Muqamis urged Amb. Prosper to ask that the Iraqis formally notify the GOK by letter of the GOI representative with whom they should work. Amb. Prosper said that he was traveling to Baghdad to get a clearer understanding of the war crimes process. He said he would recommend that PM Allawi appoint an external relations officer to act as an official liaison with foreign governments. -------------- (S/NF) KUWAITI MINOR IN ABU GHRAIB? -------------- ¶12. (S/NF) Finally, Muqamis asked Amb. Prosper to clarify whether there was a Kuwaiti minor, Abdulrahman Al-Bathali, imprisoned in Abu Ghraib. He said that the GOK had sent letters of inquiry to the Embassy and to the Red Cross, and that while the Red Cross responded to say that he is in Abu Ghraib, the Embassy had yet to reply. Amb. Prosper said he would be visiting Abu Ghraib and would raise this with Gen. Miller. (NOTE. Kuwait State Security is aware through official liaison channel that Bathali is in USG custody and information regarding his detention is being conveyed via that channel. END NOTE.) ¶13. (U) Ambassador Prosper cleared this cable. ¶14. (U) Baghdad minimize considered. TUELLER