AUSTRALIAN DETAINEE RELEASED FROM COALITION

UNCLAS BAGHDAD 004144 SIPDIS SENSITIVE THIS CABLE IS SENSITIVE, ALBEIT UNCLASSIFIED, AND IS NOT SUITABLE FOR INTERNET DISTRIBUTION. E.O. 12958: N/A TAGS: PHUM PINS PTER IZ AU SUBJECT: AUSTRALIAN DETAINEE RELEASED FROM COALITION CUSTODY IN IRAQ ¶1. (SBU) Australian national Ahmed Aziz Rafiq was released from MNF-I custody on October 7, 2005. Mr. Rafiq was originally detained by Coalition Forces on May 27, 2004 on suspicion of involvement in terrorist activity, and was held as a security internee. His case was reviewed on November 7, 2004 and March 20, 2005 by the Iraqi-majority Combined Review and Release Board; the Board found on both occasions that Mr. Rafiq presented an imperative threat to security, and met the standard for detention set by UNSCR 1546. ¶2. (SBU) Mr. Rafiq's case was referred to the Central Criminal Court of Iraq in August 2005. On September 13, 2005, an Iraqi judge dismissed the case. (Note: "dismissal", under Iraqi law, indicates that the judge was insufficiently convinced of the defendant's guilt or innocence to convict or issue a "not guilty" verdict, but that no further legal action will be taken until or unless new evidence is introduced.) ¶3. (SBU) As a result of this court dismissal, MNF-I requested CENTCOM permission for Mr. Rafiq's release from Coalition custody; approval was received last week. (Although MNF-I is not legally compelled to release detainees acquitted or dismissed by Iraqi courts, as it maintains separate legal detention authorities, it is usual practice to consider these cases favorably for release.) ¶4. (SBU) Post informed the Australian Ambassador and Consul in Baghdad of Mr. Rafiq's impending release on October 5, 2005, and passed on MNF-I's offer to convoy Mr. Rafiq securely to the Australian Embassy in the International Zone. Both Australian officials noted that they preferred that Mr. Rafiq be allowed to make arrangements with his father in Baghdad for a private release, and the Australian Embassy contacted Mr. Rafiq's father on his behalf. Mr. Rafiq is legally free to depart Iraq at this time. Khalilzad