Identifier
Created
Classification
Origin
06KABUL5958
2006-12-27 08:48:00
SECRET
Embassy Kabul
Cable title:
DETAINEE LEGAL FRAMEWORK: DEPUTY NATIONAL SECURITY
how-toVZCZCXYZ0002 OO RUEHWEB DE RUEHBUL #5958 3610848 ZNY SSSSS ZZH O 270848Z DEC 06 FM AMEMBASSY KABUL TO RUEHC/SECSTATE WASHDC IMMEDIATE 5075 INFO RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY RUEKJCS/SECDEF WASHINGTON DC PRIORITY RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY RUEAIIA/CIA WASHINGTON DC PRIORITY RHEFDIA/DIA WASHINGTON DC PRIORITY RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL PRIORITY RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY
S E C R E T KABUL 005958
SIPDIS
SIPDIS
STATE FOR P, SCA/FO (DAS GASTRIGHT),SCA/A (JRELK),L/PM
(EPELOFSKY),S/WCI
NSC FOR AHARRIMAN
OSD FOR KIMMITT
CENTCOM FOR CFC-A, CG CJTF-76, POLAD, CSTC-A
E.O. 12958: DECL: 12/26/2016
TAGS: KAWC MARR MOPS PREL PGOV PHUM AF
SUBJECT: DETAINEE LEGAL FRAMEWORK: DEPUTY NATIONAL SECURITY
ADVISER AGREES TO REVIEW TEST CASES
REF: A. KABUL 05615
B. KABUL 05159
Classified By: Charge d'Affaires, a.i., Richard B. Norland for reasons
1.4 (b) and (d)
S E C R E T KABUL 005958
SIPDIS
SIPDIS
STATE FOR P, SCA/FO (DAS GASTRIGHT),SCA/A (JRELK),L/PM
(EPELOFSKY),S/WCI
NSC FOR AHARRIMAN
OSD FOR KIMMITT
CENTCOM FOR CFC-A, CG CJTF-76, POLAD, CSTC-A
E.O. 12958: DECL: 12/26/2016
TAGS: KAWC MARR MOPS PREL PGOV PHUM AF
SUBJECT: DETAINEE LEGAL FRAMEWORK: DEPUTY NATIONAL SECURITY
ADVISER AGREES TO REVIEW TEST CASES
REF: A. KABUL 05615
B. KABUL 05159
Classified By: Charge d'Affaires, a.i., Richard B. Norland for reasons
1.4 (b) and (d)
1. (SBU) Charge, A/Polmilcouns, and Polmiloff met on 26
December with Deputy National Security Adviser (DSNA)
Engineer Ibrahim Speenzada to follow up on his agreement
(reftel A) to convene GOA representatives to identify which
Afghan laws could provide the legal basis for detention and
prosecution of any detainees transferred from Guantanamo Bay
(GTMO) or Bagram Theater Internment Facility (BTIF) to GOA
custody. We stressed to Engineer Ibrahim that with
construction of the Pol-e-Charki Block 4 (PeC B4) facility
designed to hold detainees nearly complete and the new PeC B4
guard force nearly trained, we expect to begin transferring
detainees by the end of February should a legal framework be
identified. DNSA Ibrahim agreed to convene representatives as
soon as possible.
2. (S) To aid in identification of Afghan law applicable to
detainee cases, post has now received sanitized test cases
from BTIF's Detainee Assessment Branch (DAB) of several
detainees now in BTIF. These include a High Level Enemy
Combatant (HLEC) and both High-Threat and Low-Threat Low
Level Enemy Combatants (LLECs). The amount of evidence linked
to each test case varies considerably. One case has been
translated into Dari, and post is coordinating embassy and
military translation of the remaining cases. DAB and the BTIF
Foreign Disclosure Officer have sanitized cases both to
identify information passable to GOA and to remove names and
provincial/tribal information.
3. (C) Engineer Ibrahim agreed to convene representatives
from the Attorney General's office, the National Directorate
of Security (NDS),the Ministry of Defense (which will
operate PeC B4),the Ministry of Interior (MOI),and the
Ministry of Justice (MOJ). MOJ, per reftel B, persuaded
President Karzai that existing Afghan law provides a suitable
legal framework for detaining and/or prosecuting all Afghan
detainees now in GTMO or BTIF. We stressed that while
involvement at the Deputy Minister level is welcome, it is
essential that each official be supported by a representative
with in-depth knowledge of applicable law. We noted
specifically that it is not clear to us if NDS law would be
applicable (since we have not seen the GOA-classified portion
of the law). Ibrahim noted that there have been times when
the GOA did not want BTIF to release detainees who had been
identified for PTS or as "No Longer Enemy Combatants"
(NLECs). We observed that identifying the legal framework
that would allow transfer to GOA control of such detainees
would allow the GOA to make these decisions.
4. (SBU) Engineer Ibrahim will advise as soon as possible
when the representatives can be identified and convened.
(Note: Due to the Eid holiday, all Afghan offices will be
closed from December 29 to January 2. End Note) He welcomed
our offer of assistance from pol-mil officers, the Embassy's
Rule of Law coordinator, and the CFC-A Staff Judge Advocate
in reviewing the test cases. He also told us that a staff
member in the Office of the National Security Council who was
previously involved in legal framework issues has returned to
Afghanistan and would be able to support this review effort.
At the meeting of ministerial representatives, we will push
for a written GOA statement within two weeks regarding
whether there is a legal basis for either indefinite
detention or prosecution of each of the test cases.
5. (SBU) Engineer Ibrahim also agreed it is necessary to set
up a review board to assess detainees' cases as they are
transferred to PeC B4 to ensure pretrial detention and
jurisdictional issues are addressed. Teams of MOI, NDS, and
MOJ representatives have currently been assessing cases at
BTIF and so have relevant experience. Post plans to discuss
composition and formation of a review board with the Attorney
General's office and the MOJ with a view to having such a
board in place before any detainee transfers begin.
NORLAND
SIPDIS
SIPDIS
STATE FOR P, SCA/FO (DAS GASTRIGHT),SCA/A (JRELK),L/PM
(EPELOFSKY),S/WCI
NSC FOR AHARRIMAN
OSD FOR KIMMITT
CENTCOM FOR CFC-A, CG CJTF-76, POLAD, CSTC-A
E.O. 12958: DECL: 12/26/2016
TAGS: KAWC MARR MOPS PREL PGOV PHUM AF
SUBJECT: DETAINEE LEGAL FRAMEWORK: DEPUTY NATIONAL SECURITY
ADVISER AGREES TO REVIEW TEST CASES
REF: A. KABUL 05615
B. KABUL 05159
Classified By: Charge d'Affaires, a.i., Richard B. Norland for reasons
1.4 (b) and (d)
1. (SBU) Charge, A/Polmilcouns, and Polmiloff met on 26
December with Deputy National Security Adviser (DSNA)
Engineer Ibrahim Speenzada to follow up on his agreement
(reftel A) to convene GOA representatives to identify which
Afghan laws could provide the legal basis for detention and
prosecution of any detainees transferred from Guantanamo Bay
(GTMO) or Bagram Theater Internment Facility (BTIF) to GOA
custody. We stressed to Engineer Ibrahim that with
construction of the Pol-e-Charki Block 4 (PeC B4) facility
designed to hold detainees nearly complete and the new PeC B4
guard force nearly trained, we expect to begin transferring
detainees by the end of February should a legal framework be
identified. DNSA Ibrahim agreed to convene representatives as
soon as possible.
2. (S) To aid in identification of Afghan law applicable to
detainee cases, post has now received sanitized test cases
from BTIF's Detainee Assessment Branch (DAB) of several
detainees now in BTIF. These include a High Level Enemy
Combatant (HLEC) and both High-Threat and Low-Threat Low
Level Enemy Combatants (LLECs). The amount of evidence linked
to each test case varies considerably. One case has been
translated into Dari, and post is coordinating embassy and
military translation of the remaining cases. DAB and the BTIF
Foreign Disclosure Officer have sanitized cases both to
identify information passable to GOA and to remove names and
provincial/tribal information.
3. (C) Engineer Ibrahim agreed to convene representatives
from the Attorney General's office, the National Directorate
of Security (NDS),the Ministry of Defense (which will
operate PeC B4),the Ministry of Interior (MOI),and the
Ministry of Justice (MOJ). MOJ, per reftel B, persuaded
President Karzai that existing Afghan law provides a suitable
legal framework for detaining and/or prosecuting all Afghan
detainees now in GTMO or BTIF. We stressed that while
involvement at the Deputy Minister level is welcome, it is
essential that each official be supported by a representative
with in-depth knowledge of applicable law. We noted
specifically that it is not clear to us if NDS law would be
applicable (since we have not seen the GOA-classified portion
of the law). Ibrahim noted that there have been times when
the GOA did not want BTIF to release detainees who had been
identified for PTS or as "No Longer Enemy Combatants"
(NLECs). We observed that identifying the legal framework
that would allow transfer to GOA control of such detainees
would allow the GOA to make these decisions.
4. (SBU) Engineer Ibrahim will advise as soon as possible
when the representatives can be identified and convened.
(Note: Due to the Eid holiday, all Afghan offices will be
closed from December 29 to January 2. End Note) He welcomed
our offer of assistance from pol-mil officers, the Embassy's
Rule of Law coordinator, and the CFC-A Staff Judge Advocate
in reviewing the test cases. He also told us that a staff
member in the Office of the National Security Council who was
previously involved in legal framework issues has returned to
Afghanistan and would be able to support this review effort.
At the meeting of ministerial representatives, we will push
for a written GOA statement within two weeks regarding
whether there is a legal basis for either indefinite
detention or prosecution of each of the test cases.
5. (SBU) Engineer Ibrahim also agreed it is necessary to set
up a review board to assess detainees' cases as they are
transferred to PeC B4 to ensure pretrial detention and
jurisdictional issues are addressed. Teams of MOI, NDS, and
MOJ representatives have currently been assessing cases at
BTIF and so have relevant experience. Post plans to discuss
composition and formation of a review board with the Attorney
General's office and the MOJ with a view to having such a
board in place before any detainee transfers begin.
NORLAND