TAJIKISTAN: MFA SUBMITS GUANTANAMO DIP NOTE

C O N F I D E N T I A L SECTION 01 OF 02 DUSHANBE 000903

SIPDIS

SIPDIS

STATE FOR SCA/CEN

E.O. 12958: DECL: 5/18/2016
TAGS: PGOV PREL PTER PHUM PINR KAWC TI
SUBJECT: TAJIKISTAN: MFA SUBMITS GUANTANAMO DIP NOTE

REF: DUSHANBE 833

CLASSIFIED BY: HOAGLAND, AMBASSADOR, EMBASSY DUSHANBE,
DEPARTMENT OF STATE.
REASON: 1.4 (b),(d)




1. (U) This is an action request. Please see paragraph 2.


2. (C) Post received a diplomatic note from Tajikistan's
Ministry of
Foreign Affairs agreeing to accept four Tajik Guantanamo
detainees. The
dip note is likely the result of the meeting of LTC Ron Miller,
Military
Advisor to the Ambassador at Large for War Crimes Issues with
the Head
of the Ministry of Security's Department of International
Relations,
M.S. Shafoatov (reftel). The diplomatic note requests the
Embassy send
a response agreeing to its terms. Post requests Washington
review the
diplomatic note's text to determine if it meets all legal
requirements
to transfer detainees to Tajikistan.


3. (C) The following is the diplomatic note's text:

The Ministry of Foreign Affairs of the Republic of Tajikistan
presents
its compliments to the Embassy of the United States of America
and
referring to the agreement reached between the representatives
of the
Republic of Tajikistan and the United States of America
regarding the
transfer of citizens of the Republic of Tajikistan, has the
honor to
inform the following:

The Government of the Republic of Tajikistan is ready to accept
the
following citizens of the Republic of Tajikistan currently in
detention
in Guantanamo, Cuba:


1. Abdulloev Umar Khamzaevich;

2. Vohidov Sobit Valikhonovich;

3. Sharipov Rukniddin Faiziddinovich;

4. Faizulloi Mehrubon.

The Ministry informs the Embassy the position of the Republic of
Tajikistan in regard to this issue is as follows:


1. The aforementioned people will be transferred to the
Republic of
Tajikistan only after they are identified as citizens and they
belong in
the Republic of Tajikistan;

2. The parties will inform each other on their readiness to
accept the
aforementioned people and set up their transfer via diplomatic
channels;

3. The Government of the United States of America will fully
bear all
expenses regarding the transfer of the citizens of the Republic
of
Tajikistan to the Republic of Tajikistan;

4. The transferred citizens of the Republic of Tajikistan must
have
corresponding documents on the condition of their health that are
certified by the International Red Cross Committee;

5. The Republic of Tajikistan and the United States of America,
if
evidence arises, will inform each other via Foreign Offices
about the
threats to the Republic of Tajikistan and the United States of
America
from the transferred people;

6. Access to these people by representatives of the United
States of
America or any third party including the International Red Cross
will be
provided if these people in the future will choose to live in the
territory of the Republic of Tajikistan. The United States of
America
will not hold the Republic of Tajikistan accountable if these

DUSHANBE 00000903 002 OF 002


residents
leave the Republic of Tajikistan;

7. The United States of America will provide any materials
(documents)
certifying involvement of these transferred people to terrorist
organizations or other criminal activity if such information
will be
revealed after their return to their Homeland;

8. The United States of America will not hold the Republic of
Tajikistan accountable for not instituting criminal proceedings
against
the returnees because of lack of evidence and grounds for,
including the
crimes conducted earlier;

9. Monitoring activity of the aforementioned people can be
conducted
only if they are staying within the territory of the Republic of
Tajikistan. The United States of America can not claim the
Republic of
Tajikistan if these returnees conduct their criminal activity in
the
territory of the other states;

10. In all cases while implementing the obligations stated
above, the
norms of the legislation of the Republic of Tajikistan and
international
legal acts to which it is a signatory will prevail.

The Ministry proposes the Embassy, if agreed, consider this note
from
the Ministry of Foreign Affairs of the Republic of Tajikistan
and a
reply note of the Embassy of the United States of America
informing
their readiness to accept the aforementioned conditions to serve
as an
agreement between the Republic of Tajikistan and the United
States of
America, which is not an international agreement and does not
impose
international legal obligations for the Republic of Tajikistan
and the
United States of America.

The Ministry avails of this opportunity to renew to the Embassy
the
assurances of its highest consideration.

End text.
HOAGLAND