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