AMIR MESHAL: REQUEST FOR DEPARTMENT GUIDANCE

S E C R E T SECTION 01 OF 02 ADDIS ABABA 001105

SIPDIS

NOFORN
SIPDIS

STATE FOR AF, AF/E, CA/OCS:J.MARKEY, EB/TRA/OTP AND S/CT
LONDON, PARIS, ROME FOR AFRICA WATCHER
CJTF-HOA FOR POLAD

E.O. 12958: DECL: 04/12/2032
TAGS: PREL PINR CASC PTER ET SO KWCI KJUS KHLS
SUBJECT: AMIR MESHAL: REQUEST FOR DEPARTMENT GUIDANCE

REF: A. AF/E-L-AMBASSADOR APRIL 12 TELCON

B. ADDIS ABABA 1091 AND PREVIOUS (NOTAL)

C. STATE 47351 (NOTAL)

Classified By: AMBASSADOR DONALD YAMAMOTO. REASON: 1.4 (B) AND (D).

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FRIDAY, APRIL 13 HEARING
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1. (U) ACTION REQUEST: see paragraph 6.


2. (S/NF) The Government of Ethiopia plans to hold an initial
hearing on Friday, April 13, for most of the remaining
suspected foreign fighters caught in Somalia by Ethiopian
troops, or transferred from Kenya to Ethiopia via Somalia's
Transitional Federal Government (TFG). The preliminary
hearing is aimed at two objectives. First, to officially
release from detention, and to return to their home
countries, those suspects who will not be charged and tried.
Second, it is possible that some suspects will be referred to
a court for trial. There are also a number of other suspects
still undergoing investigation. Currently, Somali TFG
Ambassador to Ethiopia reports 41 foreigners caught in
Somalia still under detention in Ethiopia; another 200 are
reportedly "in the pipeline" and currently in Somalia. In
addition to Meshal (the sole U.S. citizen Post is aware of
among these detainees),other suspects come from Yemen,
Rwanda, Kenya, Uganda, Sweden, Tunisia, Morocco, Sudan,
Syria, UAE and other countries. Five suspects have already
been released and returned to their home countries. A total
of 29 of the 41 will be released, and the remaining twelve
will be charged with crimes or remain in custody pending
further investigation.


3. (C) No press, diplomats, or members of the general public
will be allowed at the hearing.


4. (S/NF) The Ethiopian intelligence service (NISS) have
informed us privately that Amcit Amir Mohamed Meshal (refs
B-C) along with other suspects will be officially "freed" on
Friday, April 13. After processing, the Embassy will be
expected to take charge of him. This could occur
immediately. Other foreign embassies will also be contacted
to take charge of their nationals being released. We have
also been asked to forward a copy of our April 2 diplomatic
note to the Ethiopian intelligence service along with an
unsigned cover letter. Embassies whose nationals are
detained have already submitted diplomatic notes requesting
release of their nationals and return to their home
countries.


5. (S/NF) For the Department's information, following is the
unsigned cover letter to be attached to the copy of our
diplomatic note:

BEGIN TEXT.

We are passing this letter on behalf of the U.S. Embassy.
Attached, for your background, is our diplomatic note dated
02 April 2007, requesting the release of U.S. citizen Amir
Meshal. A copy of this note was provided to Ato Leul on 02
April. The American Embassy, as noted, would like to have
Amir Meshal return to the United States. U.S. Embassy
officials await your final decision.

END TEXT.

(NOTE: Ato Leul is the deputy chief of Ethiopia's National
Intelligence and Security Service. END NOTE.)

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WHAT WILL BE THE USG RESPONSE UPON MESHAL'S RELEASE?
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6. (S/NF) ACTION REQUEST: Upon Amir Meshal's official
release, we hope the State Department and the interagency
group working on this case will provide guidance on how to
process this case. We understand from the FBI agents at post

ADDIS ABAB 00001105 002 OF 002


who interviewed Amir Meshal that he is a threat to the
general public and is on the "no fly list." Agents here have
recommended that he be prosecuted in a U.S. court, though we
understand from the FBI that there may be insufficient or
lack of compelling evidence to prosecute him. If upon his
release by the GOE the USG will not prosecute him, the
Embassy must provide Amir Meshal with a one-year validity
passport with USD 2,000 provided by his parents. He will be
free to go to any country of his choice.


7. (S/NF) If the USG has made no decision on whether to bring
charges against him, we must still take charge of him, as the
GOE will only release him to U.S. officials. We would then
recommend that he be escorted by U.S. law enforcement
officers directly to the U.S. Once he is officially released
by the GOE, it will be impossible to keep Meshal in Addis
Ababa, because the GOE expects the USG to facilitate his
immediate departure.

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COMMENT
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8. (S/NF) It is unfortunate that Amir Meshal was not returned
to the U.S. prior to the expected trial. While press will
not be allowed in the hearing, there are a number of U.S.
media representatives visiting Addis to report on the foreign
fighters.


9. (S/NF) The more formal approach by Ethiopia to the
handling of these cases is the result of the heavy publicity
by the U.S. press and now international press of the
suspected foreign fighters caught in Somalia under Ethiopian
control. Prior to this date, foreign fighter suspects were
quietly released to foreign embassies for appropriate
handling or immediate deportation at the airport. END
COMMENT.
YAMAMOTO