KUWAIT MFA ON DETAINEES: IF WE CAN'T HAVE THEM

S E C R E T KUWAIT 000215

SIPDIS

NOFORN

DEPT FOR NEA/ARPI, S/WCI, L; RIYADH FOR LEGATT

E.O. 12958: DECL: 01/10/2015
TAGS: PTER PREL KAWC PGOV KU IZ
SUBJECT: KUWAIT MFA ON DETAINEES: IF WE CAN'T HAVE THEM
BACK, JUST TELL US WHERE THEY ARE

REF: A. 04 STATE 274686 (NOTAL)

B. 04 BAGHDAD 1236

C. 04 KUWAIT 3369

D. 04 KUWAIT 2900

E. 04 KUWAIT 1928

Classified By: Ambassador Richard LeBaron. Reasons: 1.4 (b) and (d)


1. (U) This is an action request. See para 4.


2. (S/NF) Pol Chief delivered January 8 background on the
12 Kuwaitis detained at Guantanamo (ref a) to Ambassador
Khalid Al-Maqamis, MFA Director of Coordination and Follow
Up. Al-Maqamis welcomed the information and confirmed that
preparations were underway for the repatriation of detainee
Nasser Najeri Amtiri (US9KU-000205DP). He again asked that
the U.S. release to the GOK the remaining detainees,
complaining that other detainees had been returned to
governments whose relations were not as strong and supportive
as the U.S.-Kuwait relationship. He disputed the detainees
would resort to terror if released from Guantanamo, repeating
the now familiar refrain, "We know who they are and we know
their families." Al-Maqamis also asserted that the agreement
permitting the return of Amtiri also applied to the other 11,
and said the GOK would detain and prosecute any detainee
returned to Kuwait. (Note: PM Shaykh Sabah made the same
statement to the Ambassador January 8 and to Deputy Secretary
Armitage and Secretary Rumsfeld in late 2004. Post is not
aware of any blanket agreements on detainee transfers,
although the GOK position appears to be that its diplomatic
notes on the transfer of Amtiri and on charges facing Adel
Zamil Abdul Mohsin Al-Zamil (ref c),both of which insist
that the GOK will take appropriate legal measures against
repatriated detainees, apply to all Kuwaitis in U.S. custody.
Additionally, Al-Maqamis maintains that that agreement was
reached on domestic legal action against detainees with
Ambassador Prosper. Post notes and reporting do not support
this contention, and we welcome any input from the Department
on this point. End Note.)


3. (S/NF) Al-Maqamis also raised the case of Abdelraham
Al-Bathali (also Abd-Al-Rahman Mubarak Mishkis),reporting
that Al-Bathali's father claims the young man has been
released from Abu Ghraib. He added that Iraqi Human Rights
Minister Bakhtiar Amin recently informed the GOK of
Al-Bathali's release and advised him of the detention of two
other Kuwaitis. Based on information provided in ref b, Post
has previously and informally confirmed to the GOK
Al-Bathali's detention. We have no definitive information on
his present status and receive updates from the IIG and ICRC
by way of the GOK.


4. (S/NF) Action Requested: Please provide Post with
information of the status of Al-Bathali that can be released
to the GOK. We seek background on his arrest, which agency
is responsible for his detention, any transfers to other
facilities in Iraq, and whether he is likely to be released
in the near term. Please also provide information on any
other Kuwaiti nationals currently detained in Iraq.


5. (S/NF) Comment: Although GOK officials regularly raise
the status of incarcerated Kuwaiti nationals with emboffs,
given the six months it has taken for the repatriation of
Amtiri, there is not a real sense of urgency for the return
of these criminals. The real problem is public relations.
Al-Bathali's father and attorneys for the Gitmo 12 excel at
keeping the story in the press. There is also mounting
pressure from conservative Members of Parliament on the GOK
to do more for its nationals. Al-Maqamis informed Pol Chief
that he has been summoned several times to explain to MPs on
the Human Rights Committee why the MFA has failed to obtain
from the U.S. information on detained Kuwaitis. Our
inability to provide accurate information on Al-Bathali is
particularly unfortunate since Parliament will soon consider
matters of importance to the U.S., including an Article 98
agreement and debt relief for Iraq. We will continue to face
criticism from several Islamists in Parliament, but it would
help the GOK to help us if we could answer the mail on
Al-Bathali. End Comment.


6. (U) Baghdad: Minimize Considered.


LEBARON