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