MURAT KURNAZ: ANOTHER BUNDESTAG REQUEST FOR

UNCLAS SECTION 01 OF 02 BERLIN 000524

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: KJUS KLIG PREL GM
SUBJECT: MURAT KURNAZ: ANOTHER BUNDESTAG REQUEST FOR
INFORMATION

REF: A. BERLIN 317

B. 06 BERLIN 3555

C. BERLIN 61

D. BERLIN 92


1. (SBU) On March 2, 2007 Ambassador Timken received another
letter from the chairman of the Bundestag's Committee of
Inquiry looking into allegations of renditions, the
activities of the German intelligence services related to the
war in Iraq, and the detention in Guantanamo of the
German-born Turkish national Murat Kurnaz. The letter is in
German with an English translation supplied by the Bundestag
(text in para 6 below). In the letter, Chairman Siegfried
Kauder (CDU/CSU) asks the USG to provide all documents of the
U.S. Department of Defense, CIA, and the CTC in Guantanamo
pertaining to Murat Kurnaz.


2. (SBU) This is the most recent of several letters Committee
Chairman Kauder has sent to the Ambassador requesting the USG
either to produce testimony or evidence for the Committee's
investigation. Post has transmitted the previous letters
(refs A and B) to Washington with a request for advice on how
or whether the Ambassador or another Embassy Berlin official
should respond to the Chairman of the Bundestag's Committee
of Inquiry. To date the Embassy has not received responses
to any of the earlier requests.


3. (SBU) We understand that Kauder does not expect a
favorable response from the USG, but that he would appreciate
an acknowledgment of receipt of the letters and perhaps an
explanation of why the USG chooses not to comply with the
committee's requests. The Embassy requests some guidance on
whether or how to respond.


4. (SBU) In a separately but related development, the German
State Prosecutor's Office in Tuebingen has contacted the
Staff Judge Advocate, Stuttgart Law Center, with requests
regarding Kurnaz (refs C and D). As above, the Mission and
the Staff Judge Advocate would appreciate some guidance on
whether or how to respond.


5. (SBU) For Washington's reference regarding previous
requests:

-- Berlin 317: Chairman Kauder requests the testimony of
American official "Steve H." who allegedly accompanied German
officials who interviewed Kurnaz at Guantanamo.

-- 06 Berlin 3555: Chairman Kauder requests copies of any
videotapes made of German officials interviewing Kurnaz at
Guantanamo.

-- Berlin 61: Tuebingen Chief Public Prosecutor Michael Pfohl
requests information about trucks that clean latrines in
Khandahar and someone who could testify on the subject.

-- Berlin 92: Tuebingen Prosecutor Pfohl clarifies and
expands his request in Berlin 61.


6. (SBU) Following is the text of the February 28 letter:

(begin text of letter)

The Honorable
Mr. William R. Timken, Jr.
Ambassador of the United States of America.
Neustaedtische Kirchstrasse 4-5
10117 Berlin

- By courier -

28 February 2007

Dear Mr. Ambassador,

On 7 April 2006, the German Bundestag adopted a resolution
establishing the 1st Committee of Inquiry of the 16th
electoral term. Under the mandate established by Parliament,
the Committee of Inquiry is to clarify still unresolved
questions, make assessments and draw the necessary

BERLIN 00000524 002 OF 002


conclusions, among other things "in connection with a report
presented by the German Federal Government on events relating
to the Iraq War and combating international terrorism."

Please refer to enclosure 1 for details of the Committee of
Inquiry's mandate.

At its meeting on 22 February 2007, the Committee of Inquiry
decided to cordially request the Government of the United
States of America to support the parliamentary work of the
Committee.

On behalf of the members of the Committee, I would like to
express the hope that you will find yourself able to provide
information of importance for the Committee of Inquiry in
fulfilling its mandate.

In line with the Committee's Decision to take Evidence, which
I also enclose for your information (Decision to take
Evidence 16-266, enclosure 2),we request your assistance
regarding the questioning of Mr. Murat Kurnaz by German
officials in Guantanamo.

In this context, the Committee of Inquiry requests all
documents of the US Department of Defense, CIA headquarters
and the CTC in Guantanamo pertaining to Murat Kurnaz, in
particular regarding the question of his possible release, as
well as all documents relating to communication with German
offices about this case.

I would like to thank you for your readiness to receive and
examine the requests of the German Bundestag.

Sincerely,

Sgd. Siegfried Kauder
Chairman of the 1st Committee of Inquiry


GERMAN BUNDESTAG
16th electoral term
1st Committee of Inquiry
The Chairman

11011 Berlin, 22 February 2007
Platz der Republik 1

(end text of letter)

(begin text of attachment)

At its 31st meeting, on 22 February 2007, the 1st Committee
of Inquiry adopted:

Decision to take Evidence 16-266

In accordance with Section Ill of the Committee of Inquiry's
mandate (Bundestag printed paper 16/990, 16/1179 and 16/3028,
16/3191),evidence is to be taken by obtaining the following
documents:

All documents of the US Department of Defense, CIA
headquarters and the CTC in Guantanamo pertaining to Murat
Kurnaz, in particular regarding the question of his possible
release, as well as all documents relating to communication
with German offices about this case.

The Committee of Inquiry asks that the government of the
United States of America be cordially requested via
diplomatic channels to transmit the requested documents to
the German Bundestag.

Siegfried Kauder
Chairman of the Committee of Inquiry

(end text of attachment)
TIMKEN JR