GTMO: TURKEY PROVIDES PAPER ON DETAINEE

C O N F I D E N T I A L ANKARA 003434 SIPDIS SIPDIS E.O. 12958: DECL: 05/18/2016 TAGS: PTER KAWC PINR PREL TU GM SUBJECT: GTMO: TURKEY PROVIDES PAPER ON DETAINEE REF: A. STATE 75722 ¶B. ANKARA 2805 Classified By: Counselor for Political-Military Affairs Timothy A. Betts for reasons 1.4 (b) and (d). ¶1. (C) On June 9, MFA Head of Section for Security Affairs Huseyin Ozdemir passed us the GOT's submission regarding Turkey's lone detainee at GTMO: Murat KARNAZ. Per ref a, Ozdemir requested the document be passed to the Administrative Review Board (ARB) for its consideration of Karnaz's case. ¶2. (C) Test of Turkish document (drafted in English)--NOTE INTERNAL PARAGRAPH NUMBERING. BEGIN TEXT GIGY 8 June 2006 MURAT KURNAZ ¶1. Name: Murat Surname: Kurnaz Father's name: Metin Mother's name: Rabiye Place of birth: Bremen / Almanya (Germany) Date of birth: 19.3.1982 Civil status: Married Date of marriage: 18.07.2001 Turkish Nationality No: 50341066296 Province: Izmir, District: Bayindir Zeytinova Village Volume No: 53, Household No: 63, Row No: 46 ID Serial Number: G07 691584 Date and place of issue: Ferizli/ 26.07.2001 Passport No: M-250494 Date of issue of the passport: 25.06.2001 Valid until: 6.10.2004 (expired) Address: Seitenweg 11, 28309 Bremen- Germany - Considering his age during the date of capture, it is understood that he has not done his compulsory military service. - In spite of the fact that he was born in Germany and his family still lives there, he has Turkish citizenship. ¶2. Since he has not committed any crime in Turkey, he has never been detained and subject to criminal investigation. There has been no court case filed against him nor any judicial inquiry launched. Therefore, Turkey has not issued any warrant of arrest in absentia through Interpol. ¶3. According to the provisions of Articles 8 to 19 of the Turkish Penal Code No: 5237 which regulate the trial of a Turkish citizen who commits a crime abroad, it is indispensable for the Turkish authorities to obtain information concerning accusations brought against Mr. Kurnaz for the criminal act or acts he has conducted, whether an investigation has been launched against him as well as the collected evidences which form the basis for the accusation in order to determine relevant provisions of the Turkish legislation to be implemented. ¶4. Since Mr. Kurnaz does not have any judicial record and no criminal inquiry, it is not possible to impose travel restrictions in Turkey without any legitimate basis. ¶5. Through our Consulate General in Hannover, the mother of Mr. Kurnaz, Mrs. Rabiye Kurnaz has been duly informed that she might provide written information for the Administrative Review Board. She has said that she would contact with her lawyer and convey such written information in case they deem it suitable. ¶6. In absence of accusations brought against him by the US authorities, Turkey is of the view that Mr Murat Kurnaz could be released to go to Turkey. END TEXT ¶7. (C) We pointed out item five to Ozdemir, and inquired whether Karnaz's family planned to make a submission on his behalf. He reported that the Turkish consulate in Hannover had checked in with Karnaz's mother on numerous occasions, and reminded her that the ARB will commence hearings soon. Mrs. Karnaz has thus far submitted nothing. Visit Ankara's Classified Web Site at http://www.state.sgov.gov/p/eur/ankara/ WILSON