Identifier
Created
Classification
Origin
06TUNIS2814
2006-11-28 08:05:00
SECRET//NOFORN
Embassy Tunis
Cable title:  

GOT OUTLINES LEGAL ASSURANCES FOR S/WCI AMB.

Tags:  PTER KAWC PHUM PINR PGOV TS 
pdf how-to read a cable
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PP RUEHTRO
DE RUEHTU #2814/01 3320805
ZNY SSSSS ZZH
P 280805Z NOV 06
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 2267
INFO RUEHAS/AMEMBASSY ALGIERS PRIORITY 7348
RUEHRB/AMEMBASSY RABAT PRIORITY 8274
RUEHTRO/AMEMBASSY TRIPOLI PRIORITY 0010
RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEAWJA/DEPARTMENT OF JUSTICE WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
S E C R E T SECTION 01 OF 03 TUNIS 002814 

SIPDIS

NOFORN
SIPDIS

STATE FOR NEA/MAG - HARRIS, S/WCI

E.O. 12958: DECL: 11/27/2016
TAGS: PTER KAWC PHUM PINR PGOV TS
SUBJECT: GOT OUTLINES LEGAL ASSURANCES FOR S/WCI AMB.
WILLIAMSON


Classified By: AMBASSADOR ROBERT F. GODEC FOR REASONS 1.4 (b) AND (d)

S E C R E T SECTION 01 OF 03 TUNIS 002814

SIPDIS

NOFORN
SIPDIS

STATE FOR NEA/MAG - HARRIS, S/WCI

E.O. 12958: DECL: 11/27/2016
TAGS: PTER KAWC PHUM PINR PGOV TS
SUBJECT: GOT OUTLINES LEGAL ASSURANCES FOR S/WCI AMB.
WILLIAMSON


Classified By: AMBASSADOR ROBERT F. GODEC FOR REASONS 1.4 (b) AND (d)


1. (S/NF) SUMMARY. During his November 15-17 visit to
Tunisia, Ambassador-at-Large for War Crimes Issues Clint
Williamson met on November 16 with Tunisian Minister of
Interior Rafik Bel Haj Kacem and on November 17 with Minister
of Justice and Human Rights Bechir Tekkari to discuss the
repatriation of Tunisian detainees at Guantanamo. Both
ministers said that all Tunisian citizens have the right to
return and that Tunisia will accept all twelve detainees.
Upon their return, all detainees would be subject to judgment
under Tunisian laws and ten have already been charged in
absentia for various crimes. The GOT understands its
commitments under the Convention Against Torture and has an
existing prisoner access agreement with the ICRC. However,
neither minister offered assistance with obtaining written
assurances, instead recommending the MFA be engaged on this
issue. END SUMMARY.


2. (C) NOVEMBER 16 MINISTRY OF INTERIOR MEETING PARTICIPANTS:

U.S.
--------------

Clint Williamson, Ambassador-at-Large for War Crimes Issues
David Ballard, Deputy Chief of Mission, Embassy Tunis
Christopher Camponovo, Director, NSC
Alan Liotta, Principal Director for Detainee Affairs, DOD
Thomas Monheim, Associate Deputy Attorney General, DOJ
Andrew Morrison, S/WCI Special Advisor
Elizabeth Griminger, Chief/SIMA
Susannah Cooper, Pol/Econ Deputy, Embassy Tunis (notetaker)

TUNISIA
--------------

Rafik Bel Haj Kacem, Minister of Interior and Local
Development
Abdallah Hammouda, Director General for Special Services
Ridha Bouribah, Director of International Cooperation
Salma Boudhina, Translator


3. (C) NOVEMBER 17 MINISTRY OF JUSTICE MEETING PARTICIPANTS:

U.S.
--------------

Clint Williamson, Ambassador-at-Large for War Crimes Issues
David Ballard, Deputy Chief of Mission, Embassy Tunis
Christopher Camponovo, Director, NSC

Alan Liotta, Principal Director for Detainee Affairs, DOD
Thomas Monheim, Associate Deputy Attorney General, DOJ
Andrew Morrison, S/WCI Special Advisor
Susannah Cooper, Pol/Econ Deputy, Embassy Tunis (notetaker)

TUNISIA
--------------

Bechir Tekkari, Minister of Justice and Human Rights
Mohamed Lejmi, Attorney General
Lotfi Daouas, Chief of Staff
Jamal Chahloul, Director General for Criminal Affairs
Radhouane Ouerthy, Director General for International
Cooperation
Translator


4. (S/NF) Ambassador Williamson began both meetings by
stressing the importance of closing Guantanamo and working
closely with international partners to repatriate their
citizens. Amb. Williamson highlighted his discussions with
Tunisian Ambassador to the U.S. Nejib Hachana, particularly
their November 9 meeting in which Hachana said Tunisia will
accept the repatriation of all twelve Tunisian detainees.
Amb. Williamson said that he hoped he would be able to obtain
the necessary security and humane treatment assurances from
Tunisia that would facilitate the December return of the two
Tunisian detainees (Mohammed Abdul Rahman and Abdullah bin
Omar) approved for transfer.


5. (S/NF) REPATRIATION: Both Ministers said that Tunisia
must accept the return of the twelve detainees, as this is a
right guaranteed by the Tunisian constitution. Tekkari said

TUNIS 00002814 002 OF 003


the GOT understands the sensitivity of closing Guantanamo and
that Tunisia and the United States share common principles
related to human rights protections and related guarantees.
The GOT hopes the transfers will be done in stages "for
security reasons" and not publicized. Upon their return, the
individuals would face appropriate charges in the Tunisian
justice system. DG Hammouda had additional questions about
the details of the return, such as who would accompany the
detainees and if they would be on military aircraft. Liotta
replied that the USG was prepared to send two of the
individuals back in December and requested that the GOT
identify their point of contact for the repatriation so that
these issues would be worked out with appropriate parties
before the transfer occurred.


6. (S/NF) SECURITY ASSURANCES: Minister Bel Haj Kacem told
Amb. Williamson that all twelve Tunisian detainees are
terrorists and, "Guilty or not, we will monitor them."
Minister Tekkari had a detailed chart of charges against the
twelve and explained that ten have been convicted in absentia
of "very grave charges" and the two others have pending
cases. For example, Abdallah bin Omar was sentenced in three
cases that resulted in 16 years of jail time and five years
administrative parole. While in absentia judgments may be
appealed, Tekkari twice noted that he doubted these
individuals would be acquitted. Tekkari also said that the
repatriated might face additional charges under Tunisia's
2003 Terrorism Law, which allows the prosecution of Tunisians
who committed terrorist acts outside of Tunisia. Bel Haj
Kacem noted that Rafik al Hami and Hisham Sliti have also
been charged in Belgium.


7. (S/NF) HUMANE TREATMENT ASSURANCES: Monheim explained to
both ministers that the USG is also seeking humane treatment
assurances, given U.S. obligations under the Convention
Against Torture (CAT). Bel Haj Kacem interrupted to stress
that Tunisia understands the obligations of CAT, as it was
among the first countries to sign and the first to change
domestic law to be in compliance with the CAT. Therefore,
humane treatment of the detainees was not a problem. Tekkari
added that Tunisia is also a party to the Optional Protocol
and that U.N. officials could visit Tunisia to verify their
adherence. He explained that the International Committee of
the Red Cross (ICRC) has access to all prisons and all
prisoners and could visit individuals "over and over."


8. (S/NF) WRITTEN ASSURANCES: Both ministers balked at the
request for written assurances, although the delegation
explained many other countries had provided them for
repatriated Guantanamo detainees and the USG also frequently
and routinely provides written assurances. Bel Haj Kacem
said that the Tunisian constitution and laws provide all
necessary guarantees and that he is surprised the USG wants
assurances. He added that his personal opinion, which he
shared with unidentified GOT entities, is that Tunisia should
not provide any written assurances. Tekkari took a legal
tact, saying that putting assurances in writing would
contradict or supercede Tunisian law and even suggest that
the GOT is not currently respecting the law. When Camponovo
explained other countries with similar concerns had provided
such assurances by diplomatic note, Tekkari advised the
delegation to discuss the issue with the Ministry of Foreign
Affairs.


9. (S/NF) NEXT STEPS: Both ministers indicated they were
unable -- or perhaps unwilling -- to take any action to
provide written assurances. Further, as these assurances are
likely to be exchanged in a diplomatic note, the MFA is the
appropriate interlocutor. Despite DCM's efforts (as Charge),
the MFA refused to schedule a meeting with Amb. Williamson.
(NOTE: The Minister's Chief of Staff told DCM that the
Minister was engaged with the visiting German FM and all MFA
Secretaries of State (Deputy FM equivalent) were out of

SIPDIS
Tunisia. He even declined the suggestion that it send
representatives to other ministries' meetings. END NOTE.)
Therefore, a diplomatic note with revised language that
reflects the content of the delegation's meetings in Tunisia
will be prepared for transmittal to the MFA. Post will
follow up to encourage immediate GOT action to facilitate the
earliest return of the two individuals.


10. (S/NF) POST COMMENT: Given the noncommittal GOT response

TUNIS 00002814 003 OF 003


to numerous demarches on this topic, post has long believed
the GOT will not agree to the conditions of repatriating the
detainees. While the Tunisian constitution ensures its
nationals the right to return, both ministers expressed
little interest in having them back. Bel Haj Kacem suggested
two be sent to Belgium, if they are wanted there, while
Tekkari interjected at one point, "We did not ask for their
extradition." This lackadaisical response, combined with the
MFA's refusal to involve itself with the delegation, suggests
future discussions will continue to be slow moving. If the
past is prologue, the lack of GOT interest in repatriating
the detainees may bog down the progress indefinitely. END
COMMENT.


11. (U) Amb. Williamson and delegation have cleared this
cable.


12. (S) BIO NOTES:

MINISTER OF INTERIOR RAFIK BEL HAJ KACEM: The Minister
appeared confident, to the point of being dismissive. He
interrupted at times to reject perceived slights, e.g. that
Tunisia was not a knowledgeable or responsible partner. His
comments followed the standard GOT talking points regarding
terrorism, but he delivered them with the conviction one
would expect from the Minister of Interior. While praising
Tunisia's counterterrorism efforts, he did not make a point
to mention President Ben Ali's achievements -- a trait
observed in only the most senior of GOT officials. The
Minister praised the strong bilateral intelligence
relationship and seemed pleased with the Ministry's
relationships with USG counterparts. Bel Haj Kacem appeared
to have a limited understanding of English and, frustrated
with the interpretation, at one point said he should improve
his English. He spoke primarily in the more formal standard
Arabic, rather than in the Tunisian dialect.

MINISTER OF JUSTICE BECHIR TEKKARI: Minister Tekkari has
held his position since 1999, making him one of the longest
serving ministers in Ben Ali's cabinet. In the meeting, he
was jovial and relaxed, while taking the matter seriously and
considering its legal implications. When necessary, he
turned to his staff for necessary details, although their
responses were limited and clearly left him in control of the
meeting. Tekkari understands English relatively well and
requested translation of only a few points, although he feels
uncomfortable speaking in English and spoke primarily in
French. Highlighting commonalities between the U.S. and
Tunisia, Tekkari fondly noted that he learned about Martin
Luther King, Jr. from an American teacher of English when he
was in high school.
GODEC