DIPLOMATIC NOTE ON ADMINISTRATIVE REVIEW BOARDS

UNCLAS SECTION 01 OF 02 MANAMA 000621 SIPDIS STATE FOR NEA/ARPI, S/WCI E.O. 12958: N/A TAGS: KAWC PTER ASEC PREL OPDC BA SUBJECT: DIPLOMATIC NOTE ON ADMINISTRATIVE REVIEW BOARDS FOR BAHRAINI DETAINEES REF: A. MANAMA 558 ¶B. STATE 65586 ¶C. STATE 64400 ¶D. MANAMA 505 ¶E. STATE 57663 ¶1. This is an action message; please see para 2. ¶2. The Embassy received Diplomatic Note number 19/1/5-41677 of April 19, 2005 from the MFA covering information to be included in the GTMO Administrative Review Boards for Bahraini detainees Salman bin Ibrahim Al Khalifa, Issa Al Murbati, Juma Al Dosari, and Abdulla Al Noaimi (reftels). The note proposes the formation of a bilateral working group to consider on a case-by-base basis the return of Bahraini detainees at GTMO to Bahrain, and requests a response from the USG. Action Request: Please provide cleared language for a formal response to the GOB. (Note: Post faxed and pouched the diplomatic note and attachments to NEA/ARPI. End Note.) ¶3. Begin text of diplomatic note: The Ministry of Foreign Affairs of the Kingdom of Bahrain presents its compliments to the Embassy of the United States of America, and has the honor to refer to the Embassy's communications of 6 and 13 April, 2005, regarding the following Bahraini nationals held by the United States at Guantanamo Bay: Shaikh Salman Bin Ebrahim Bin Mohammed Al Khalifa Issa Ali Abdullah Al Murbati Juma Mohammed Abdul Latif Al Dosari Abdullah Majed Al Noaimi The Government of the Kingdom of Bahrain, as a close and long-standing ally of the United States of America, welcomes the information regarding the proposed Administrative Review Boards, and confirms its willingness to accept return of the above individuals. The Government has informed the families of the individuals of the United States' request for information, and has the honor to attach statements and submissions received in response. The families have also stressed to the Government that, to the best of their knowledge, their relatives were not enemy combatants and would not have engaged in any terrorist or other unlawful or improper activity. The families believe that their relatives simply had the misfortune to be in the wrong place at the wrong time. The Government also attaches herewith certificates from the Ministry of Interior concerning the conduct of the above-named individuals, along with a memorandum from the same Ministry setting out the legal and other procedures relating to the return of the detainees. The Kingdom of Bahrain shares a common interest with the United States in returning the detainees, and is committed to combating terrorism in all its forms. Further, both sides share a common goal in maintaining the security and stability of the Kingdom of Bahrain and in protecting citizens, residents and visitors from the threat of terrorism. The Government will therefore work closely with the United States to satisfactorily address all issues arising from the return of the above individuals, and in particular to assess appropriate measures, including the possibility of investigations and criminal prosecutions, that might be taken upon the detainees' return. The Government notes that Bahrain's Penal Code allows prosecutions for crimes committed outside Bahrain, and that individuals under investigation can be remanded in custody or, if released on bail, can be put under stringent bail conditions, including a travel ban, and the requirement to report regularly to a police station. In this regard, the Government has the honor to propose that a working group be set up between Bahrain and the United States to consider the return of the detainees on a case-by-case basis. Such a group would include appropriate security, law-enforcement and legal officials from both sides, and would review any relevant information and evidence in possession of the U.S. authorities with respect to each detainee. The working group would also consider the measures that might be taken with respect to individual detainees upon their return, in light of the legal and constitutional provisions in force in the Kingdom of Bahrain. As part of its obligations to maintain security and to fight terrorism, the Government of Bahrain is prepared to coordinate such measures as may be appropriate in accordance with its constitution and laws, and with the evidence and information provided. The Government of the Kingdom of Bahrain looks forward to receiving the United States' response to the above proposal, and to agreeing on the composition and modalities of the proposed working group as soon as possible. The Ministry of Foreign Affairs of the Kingdom of Bahrain avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration. End text. MONROE