AMBASSADOR RAISES GUANTANAMO DETAINEES WITH MFA

C O N F I D E N T I A L ALGIERS 002057

SIPDIS

DEPARTMENT FOR S/WCI AND NEA/MAG

E.O. 12958: DECL: 10/04/2015
TAGS: PTER PREL KAWC AG
SUBJECT: AMBASSADOR RAISES GUANTANAMO DETAINEES WITH MFA
SECRETARY GENERAL

SIPDIS

REF: A. ALGIERS 1867

B. ALGIERS 1438

Classified By: Ambassador Richard W. Erdman,
for reasons 1.4 (b) (d).


1. (C) During an October 3 meeting on other issues,
Ambassador and Pol/Econ chief raised with MFA Secretary
General Lamamra the U.S. desire to repatriate some Algerian
detainees at Guantanamo. Ambassador, noting an earlier
conversation with FM Bedjaoui on the same subject (Ref A) and
expressing appreciation for progress made in issuing travel
documents to four non-Guantanamo detainees, informed Lamamra
that we expected Ron Miller of S/WCI to visit Algiers the
week of October 17 and hoped that he could discuss this issue
with Lamamra and officials from the Ministry of Interior and
the MFA Consular Directorate. Ambassador suggested that it
would also be useful for Miller to meet with the Director of
Counter-Terrorism for the Presidency, and Lamamra concurred.


2. (C) Ambassador noted we had supplied biographical data on
the three detainees approved for release, including
information on their parentage, place of birth, date of
birth, and the like that should satisfy the GOA's need to
establish the subjects' Algerian citizenship. It was clear
to the U.S., added Ambassador, that the detainees in question
were Algerian. In order to avoid problems down the road,
Ambassador impressed upon Lamamra the need for Algeria to
accept the return of its citizens in conformity with
Algeria's international legal obligation and cited the Miller
visit as a good opportunity to move forward on this issue.


3. (C) In contrast to Bedjaoui, a jurist and long-time
President of the International Court of Justice in the Hague,
Lamamra questioned whether Algeria really had an obligation
to take back Algerians subject to criminal proceedings
elsewhere. The individuals should be placed on trial (and
held) in the jurisdiction where their crimes were committed,
he maintained. Ambassador assured Lamamra that under
international law, states were obliged to accept their
citizens, noting that FM Bedjaoui had not disputed this
point. In response to a question, Ambassador said the United
States had determined it would not put on trial the three
Algerian Guantanamo prisoners we were asking Algeria to
receive. Ambassador also clarified that the three prisoners
in question were separate from the dual national Algerians
married to Bosnian women.


4. ACTION: For subsequent discussions here, it would be
helpful to have available relevant cites from binding
international legal conventions concerning the obligation of
states to receive their own nationals. In this regard,
during his planned mid-October visit, S/WCI Miller should
also be prepared to discuss this point of law with SYG
Lamamra, should there continue to be confusion regarding
Algeria's responsibility to take back its own citizens.

ERDMAN