KAZAKHSTAN: DISCUSSIONS ON GUANTANAMO DETAINEES

UNCLAS ALMATY 002399

SIPDIS


DEPARTMENT FOR S/WCI (WITTEN),L/PM (AHAINES),SCA/CEN (J.
MUDGE)

OSD FOR DOD/OGC (BEAVER),OUSD/DETAINEE POLICY (LIOTTA)

NSC FOR CAMPONOVO

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PTER KAWC PINR PREL KZ
SUBJECT: KAZAKHSTAN: DISCUSSIONS ON GUANTANAMO DETAINEES

REF: Almaty 1946


1. (SBU) Summary: In a June 29 meeting regarding the
possible transfer of Kazakhstani citizens detained at
Guantanamo, an MFA Consular Services representative stated
that the GOK could give no guarantees that the transferred
detainees would never again engage in terrorism, asked for
the background and details of the cases against the
detainees, and queried as to the exact methods possible to
make the transfer. See para. 6 for action request. End
summary.


2. (SBU) On June 29, Poloff met with Ualikhan S.
Sanginkhanov, Head of the MFA's Division of Europe and
America, Department of Consular Services to further discuss
the Kazakhstani detainees at Guantanamo Bay. Poloff
explained that the detainees are being held as enemy
combatants and not criminals, so there is no law enforcement
angle. Sanginkhanov brought up a number of issues that he
asked to be passed to Washington.


3. (SBU) Sanginkhanov's first point was that the GOK can not
give any guarantees that the transferred detainees will not
engage in terrorist activities. He explained that the
Committee for National Security (KNB) would carefully
monitor the individuals and could take a number of steps to
mitigate the risk of future terrorist activities, but that
it was impossible to be completely certain that they would
never again engage in terrorism. Poloff explained that the
U.S. is requesting that Kazakhstan guarantee that it will do
what it can, within Kazakhstani law, to mitigate the risks.


4. (SBU) Second, Sanginkhanov said that the GOK could not
take custody of the detainees without knowing all of the
details of the cases, i.e. what kind of terrorist acts they
were engaged in, what they are accused of, etc.


5. (SBU) Finally, Sanginkhanov wanted to know the exact
methods for returning the detainees and what would be
expected of the GOK.


6. (SBU) Comment and request for guidance: It appears that
the Kazakhstani side was satisfied with the explanation
(reftel) that the detainee issue and the conclusion of a
Mutual Legal Assistance Treaty (MLAT) are unrelated.
Sanginkhanov did not bring up the creation of an MLAT during
the meeting. Post requests that the Department provide, as
soon as possible, background information on the three
detainees approved for transfer as well as guidance for
sharing the information with the GOK. Post also requests
detailed information to be shared with the GOK regarding the
possible methods for completing the transfer. End
comment/request for guidance.

ORDWAY