Identifier
Created
Classification
Origin
05BAGHDAD4144
2005-10-08 08:47:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Baghdad
Cable title:  

AUSTRALIAN DETAINEE RELEASED FROM COALITION

Tags:  PHUM PINS PTER IZ AU 
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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

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