Identifier
Created
Classification
Origin
05KUWAIT3394
2005-07-31 13:39:00
SECRET//NOFORN
Embassy Kuwait
Cable title:  

TRANSFER OF KUWAITI DETAINEES: GOK PROMISES

Tags:  PTER PHUM PREL KAWC KU TERRORISM 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
S E C R E T KUWAIT 003394 

SIPDIS

NOFORN

FOR NEA/ARPI AND S/WCI

E.O. 12958: DECL: 07/30/2015
TAGS: PTER PHUM PREL KAWC KU TERRORISM
SUBJECT: TRANSFER OF KUWAITI DETAINEES: GOK PROMISES
DETENTION AND TRIAL, NOT TERROR

REF: A. STATE 140334

B. STATE 125002

C. KUWAIT 1501

D. KUWAIT 2928

Classified By: Charge d'Affaires Matthew H. Tueller for reasons. 1.4(b)
and (d)

S E C R E T KUWAIT 003394

SIPDIS

NOFORN

FOR NEA/ARPI AND S/WCI

E.O. 12958: DECL: 07/30/2015
TAGS: PTER PHUM PREL KAWC KU TERRORISM
SUBJECT: TRANSFER OF KUWAITI DETAINEES: GOK PROMISES
DETENTION AND TRIAL, NOT TERROR

REF: A. STATE 140334

B. STATE 125002

C. KUWAIT 1501

D. KUWAIT 2928

Classified By: Charge d'Affaires Matthew H. Tueller for reasons. 1.4(b)
and (d)


1. (U) This is an action request. See paragraphs 4 and 5.


2. (S/NF) PolChief delivered ref A demarche July 31 to
Ambassador Khaled Al-Maqamis, Ministry of Foreign Affairs
(MFA) Director of Coordination and Follow Up. Al-Maqamis
said he was aware that several Kuwaitis were under
consideration for transfer to GOK authority -- Abdulaziz
Sayer Owain Al-Shammari, Mohammed Funaitel Al-Dihani, Adil
Zamil Abdul Mohsin Al-Zamel, Saad Al-Azmi, and Abdullah Saleh
Al-Ajmi -- and sought confirmation that he had correctly
identified the candidates for transfer. PolChief declined to
discuss specific detainee cases and sought GOK affirmation
that any Kuwaiti national returned to GOK custody would be
treated humanely and subject to appropriate laws to prevent
engagement in any type of activity that could threaten U.S.
or Kuwaiti interests. Referring to the exchange of notes
before the release of Nasser Al-Mutairi, Al-Maqamis averred
that detainees, upon return to Kuwait, would be held and
prosecuted under Kuwaiti law for their terror activities. He
said the GOK would reconfirm in writing that detainees would
be placed in custody and tried.


3. (C) Commenting on the acquittal of Al-Mutairi,
Al-Maqamis reported the case was not yet closed (refs C and
D). He said the Attorney General was still reviewing the
file and it was possible to appeal the verdict or submit new
charges. In response to ref A points, he said the GOK
welcomed any information the U.S. could provide to strengthen
the case against Al-Mutairi. He further claimed that Kuwait
State Security was aware of Al-Mutairi's activities, but,
more importantly, Al-Mutairi "knows the procedures." He also
reminded PolChief that Kuwait was a democracy with an
independent judiciary and that the MFA had no jurisdiction
over the Ministry of Justice.


4. (C) Action request: Post was aware that several
Guantanamo detainees were being considered for transfer to
the GOK, but had not received specific details. For Post's
information, and in order for Post to fully engage the GOK on
this matter, please identity the Kuwaiti already approved for
the transfer as well as the names of those under
consideration.


5. (C) Action request continued: Al-Maqamis sought
information on when the transfers might be approved and their
modalities. Noting the four months between the approval of
Al-Mutairi's release and his actual return to Kuwait,
Al-Maqamis asked whether the GOK would have to again charter
an aircraft or whether the detainees could fly commercially
to London and then travel by Kuwait Airways. Please advise
Post of the procedures and security concerns that must be
observed for the transfer of any detainee to Kuwait,
specifically identifying countries that may not/not be
transfer points.


TUELLER