COMPENSATION DEMANDS BY DECEASED SOMALI'S FAMILY

C O N F I D E N T I A L NAIROBI 002003 SIPDIS SIPDIS SENSITIVE DJIBOUTI FOR USLO DJIBOUTI FOWLE/CONSTANTINE E.O. 12958: DECL: 05/08/2026 TAGS: PHSA MOPS ASEC PTER PREL ICRC SO KE SUBJECT: COMPENSATION DEMANDS BY DECEASED SOMALI'S FAMILY HAS BROADER IMPLICATIONS FOR USG ANTI-PIRACY OPERATIONS REF: A. NAIROBI 1883 ¶B. NAIROBI 1661 Classified By: Ambassador William M. Bellamy for reasons 1.4 (b,d) ¶1. (U) This is an action request. Please see para 6. SUMMARY -------------- ¶2. (C) The family of a Somali national killed during a mid-March engagement with the U.S. Navy intends to request compensation from the USG as a condition for accepting the remains. Post recommends against offering any form of compensation to the deceased's family due to the culpability of the deceased and the unfortunate precedent any compensation package would set for past, current, and future situations in which tactical engagements in the area result in the death or capture of Somali nationals. Post requests Washington's response to its recommendations no later than May 12. END SUMMARY. ¶3. (SBU) The planned May 8 repatriation from Kuwait to Somalia (via Djibouti) of the remains of a Somali national killed during an encounter with U.S. naval vessels on the high seas on March 18 was put on hold after International Committee of the Red Cross (ICRC) officials informed Embassy Nairobi on May 6 that the next of kin now refuse to accept the remains without receiving compensation. ICRC representatives told poloff that the family of the deceased Somali pirate suspect, Ali Kush, are seeking direct contact with "the Americans" to discuss the issue of compensation for the loss of life of their family member. ¶4. (SBU) The ARCENT mortuary facilities where the remains are currently stored are not equipped to facilitate long-term storage nor funerary preparations of the remains. As such, the body is in a progressive state of decomposition, highlighting the urgent need to dispose of the remains as quickly as possible. ARCENT anticipates the need to dispose of the body within the coming weeks given its rapid decomposition. ICRC has up to this point served as a mediator between the USG and the deceased's next of kin and would be able to convey the USG position on the issue of compensation to the deceased's family members. POST RECOMMENDATIONS -------------- ¶5. (C) Post recommends against entering into discussions over compensation with the next of kin. There are several arguments against the USG offering any form of compensation to the deceased's family members. First, the deceased was killed during a hostile, armed attack upon a U.S. naval vessel on the high seas. Second, any negotiation or discussion of compensation could impart the appearance of USG conceding a degree of wrongdoing over the incident. Third, given that ten Somali nationals involved in the March 18 hostile action were returned to Somalia on April 29, and that the repatriation (via Kenya) of the two remaining wounded Somalis receiving medical treatment aboard a U.S. naval vessel is anticipated sometime in June, any compensation for the deceased would set an unwelcome precedent and might encourage future claims to compensation for the 12 living individuals and future persons taken into USG control. Post recommends requesting the ICRC to inform the next of kin that no compensation is available and that they can either accept the remains without compensation or the body will be disposed of in Kuwait. ¶6. (C) ACTION REQUEST: Unless Department advises otherwise, Post will request the ICRC to inform the deceased's next of kin that they have only two options: to either accept the remains without compensation or accept that the body will be disposed of in Kuwait. END ACTION REQUEST. ¶7. (C) COMMENT: The complications surrounding the repatriation of the deceased's remains highlight the complexities and repercussions of tactical operations conducted by the USG off the coast of Somalia. Current discussions on possible increased and more aggressive anti-piracy operations must include concrete planning on how to deal with those killed or captured in the course of engagements. Any plan that fails to address all potential scenarios (capture, death, prosecution, or simple release) will inevitably lead to complications similar to those of the current case. END COMMENT. ¶8. (SBU) Post's prepared talking point on the disposition of the deceased Somali's remains is as follows: Begin Talking Point: The International Committee of the Red Cross is in discussion with next of kin over the disposition of remains of one Somali who died after an incident in which his vessel fired on U.S. warships in international waters. We thank the International Committee of the Red Cross for their assistance. If asked: The two additional Somalis remaining in U.S. custody due to continuing health concerns will be repatriated to their home country when it is medically safe to do so. End Talking Point. BELLAMY