KAZAKHSTAN: FURTHER DISCUSSIONS ON GUANTANAMO

S E C R E T SECTION 01 OF 02 ALMATY 002549

SIPDIS

SIPDIS

STATE FOR S/WCI (WITTEN),L/PM (AHAINES),SCA/CEN (J.
MUDGE),DOD/OGC (BEAVER),OUSD/DETAINEE POLICY (LIOTTA),
NSC (CAMPONOVO)

E.O. 12958: DECL: 07/13/2016
TAGS: PTER KAWC PINR PREL KZ
SUBJECT: KAZAKHSTAN: FURTHER DISCUSSIONS ON GUANTANAMO
DETAINEES

REF: A. ALMATY 1946


B. 7/8/06 PORGES-MONK EMAIL

Classified By: Amb. John Ordway, reasons 1.4(C) and (D).


1. (S) Summary: In a July 12 meeting with MFA consular
officials, Poloff followed up on Ref A discussion of the
transfer of Kazakhstani detainees at Guantanamo. Poloff
passed requested information about the background of the
three Kazakhstani detainees approved for transfer (Ref B),
explained that DoD can arrange for transport of the detainees
to Kazakhstan via DoD aircraft, and noted that the U.S. is
seeking assurances that the GOK will take all necessary and
appropriate steps under its laws to prevent them from
engaging in or facilitating terrorism, not a guarantee that
these individuals will never again engage in terrorism. The
Kazakhstanis requested access to the detainees by one of
their consular officers in the United States and a diplomatic
note explaining (again) the guarantees requested. See para.
7 for action request. End summary.


2. (S) On July 12, Poloff met with Ualikhan S. Sanginkhanov,
Head of the MFA,s Division of Europe and America, Department
of Consular Services, and Abdulmannap Kanibekov, in Astana to
further discuss the Kazakhstani detainees at Guantanamo Bay.
Sanginkhanov stated that Kanibekov will now be working on
this issue and said that all future discussions should be
held with him. Poloff passed them background information on
the three Kazakhstani citizens approved for transfer (Ref B)
and explained that DoD can arrange for transport of the
detainees to an agreed upon location within Kazakhstan via
DoD aircraft. After Sanginkhanov reiterated the Kazakhstani
position that the GOK can not guarantee that these
individuals will never again engage in terrorism, Poloff
again clarified that the U.S. is seeking a guarantee that the
GOK will take all necessary and appropriate steps under its
laws to prevent them from engaging in or facilitating
terrorism, not a guarantee that these individuals will never
again engage in terrorism.


3. (SBU) Kanibekov requested that a Kazakhstani consular
officer based in the United States be allowed to visit the
Kazakhstani detainees. He said that although representatives
of the Kazakhstani Committee for State Security (KNB) had
been in contact with the Kazakhstani detainees, no one from
the Ministry of Foreign Affairs had met with them. He
further explained that information sharing was not smooth
between the two organizations and the MFA wanted to meet with
the detainees to assess their health and mental state, and to
determine if they wanted to return to Kazakhstan.


4. (S) The Kazakhstanis also requested that the embassy send
a diplomatic note clarifying the guarantees requested by the
United States. Sanginkhanov claimed that previous diplomatic
notes did not make clear what guarantees the U.S. was
requesting -- that the detainees will never again engage in
terrorism, or that the GOK will do what it can to ensure they
do not engage in terrorism. Since these guarantees will need
to be made by the KNB, the MFA officers recommended that U.S.
intelligence and Kazakhstani intelligence work together
through their channels.


5. (C) Comment: We sense continued reluctance by the GOK to
accept the return of the three detainees and suspect that the
GOK,s next delaying tactic may be to claim that its
detainees do not want to return to Kazakhstan. The GOK may
ultimately propose that the detainees should be allowed to
travel to a third country instead of Kazakhstan. Although
there have been limited occasions when the press has asked
what the GOK is doing to get the detainees back, local
officials have side-stepped the issue and appear to feel no
domestic pressure to facilitate their return. End comment.


6. (SBU) Post proposes the following text as a diplomatic
note. The bulk of the text was taken from previously passed
dip notes.

Begin Text:

(Complimentary opening.) The United States is detaining four
Kazakhstani citizens at Guantanamo Bay. After a thorough
review of their status, the U.S. Department of Defense had
determined that three of them no longer need to be detained
by the United States and has approved their transfer to
Kazakhstan.


ALMATY 00002549 002 OF 002


In order to return these individuals to Kazakhstan, the U.S.
government is seeking assurances that the Kazakhstani
government will take appropriate steps consistent with
Kazakhstani law to ensure that the detainees will not engage
in terrorist activities or otherwise pose a threat to the
United States, and that they will be treated humanely by the
Kazakhstani government. The United States understands that
the Kazakhstani government can not guarantee that these
individuals will never again engage in terrorist activity.
Rather, the United States seeks assurances that Kazakhstan
will take all necessary and appropriate steps under its laws
to prevent them from engaging in or facilitating terrorism.

This is a matter of great importance to the United States,
which does not want to hold people at Guantanamo any longer
than necessary. The United States would like to see their
return realized in the near future, certainly before
President Nazarbayev,s planned visit to Washington later
this year.

Given the fact that these three detainees are citizens of
Kazakhstan, there is no other appropriate country to which
they could be returned, regardless of their personal travel
desires. Repatriation to Kazakhstan is the only option.

The Embassy looks forward to working with the Ministry to
resolve this matter and ensure that the three Guantanamo
detainees from Kazakhstan that are approved for transfer are
soon repatriated to their home country.
(Complimentary close.)

End Text.


7. (S) Action request: Post requests Department guidance on
responding to the Kazakhstani request for consular access to
the detainees and clearance of the draft diplomatic note.
Post also requests that the Department double-track the issue
of assurances through intelligence channels.
ORDWAY