DETAINEES: RELEASE OF BTIF DETAINEE KHALED SAMI

S E C R E T KABUL 003604

SIPDIS

NOFORN
SIPDIS

STATE FOR P, SCA/FO (DAS GASTRIGHT),SCA/A (SINGRAM),S/WCI
(MSTAMILIO, MSHIN, ARICCI),L/PM (JDOROSIN),S/CT,
WHAT/CAN, EUR/RPM
NSC FOR JWOOD
OSD FOR MPORGES, BCLARK
CENTCOM FOR CG CJTF-82, POLAD, CSTC-A

E.O. 12958: DECL: 10/21/2017
TAGS: KAWC MARR PTER PGOV PINS PREL AF
SUBJECT: DETAINEES: RELEASE OF BTIF DETAINEE KHALED SAMI
ABDULLAH ISMAIL TO CANADA

REF: KABUL 367

Classified By: Pol/Mil Counselor Brent R. Hartley, reasons 1.4(b) and (
d).


1. (S/NF) This is an action cable--see paragraph two. This
has been coordinated with Task-Force Guardian.


2. (S/NF) Action: Based on the Canadian assurances detailed
in paragraphs three and four, we recommend the Deputy
Secretary of Defense approve the release to Canada of Khaled

SIPDIS
Sami Abdullah Ismail (ISN US9EG002770DP),a detainee in the
Bagram Theater Internment Facility (BTIF) who was captured in
April 2006 and subsequently diagnosed with paranoid
schizophrenia. Ismail is considered a low threat to
Coalition Forces and of low prosecution value; CJTF-82 has
assessed the evidence in his case as largely circumstantial.
Because of his difficulty in dealing with Afghan men, Ismail
must be segregated from other detainees for his protection.
Ismail faces credit card fraud charges in Canada. While the
Canadians are willing to transport him, their military
flights are primarily for supplies and go from Kandahar to
Dubai, where all people are transported via commercial air to
Canada. We therefore recommend that Ismail be transported
via a US military Detainee Movement Order to the U.S. and
that the Canadians transport him onward to Canada. Ismail is
also an Egyptian citizen, but CJTF-82 has confirmed that the
Egyptian passport he possessed at time of capture is invalid.
The Egyptian DCM in Kabul has made two queries about Ismail:
Following coordination with CJTF-82, Post advised the DCM
via letter on July 25 that Ismail was detained in the BTIF
and is an Egyptian citizen; in response to a September query
about the US intent regarding Ismail, we advised the DCM
verbally on September 25 that Ismail then met the criteria
for detention according to the laws of armed conflict and
that his case is reviewed periodically to assess whether he
continues to meet the criteria. The Egyptian DCM asked to be
informed of any changes in the status of Ismail's case. If
Ismail's transfer to Canada is approved, Post requests
guidance on what information, if any, should be provided to
the Egyptian government.


3. (S/NF) On October 18, Canadian Consul Victoria Fuller met
with PolMilOffs and advised that following receipt of an
updated psychiatric evaluation of Ismail, which CJTF-82 sent
and Post delivered to Fuller on October 22, Ontario's
Ministry of Health is prepared to provide a specific "action
plan" within a week. The text of the October 21 prognosis
provided by the CJTF-82 Detainee Operations Surgeon is in
paragraph five. Fuller said Ismail's case has come into
Canadian governmental focus now because of a recent Canadian
Access to Information (ATI) request about Canadian detainees
in Afghanistan. Fuller also advised that if Ismail's release
is approved, Canada will issue him a temporary travel
document. The Canadians signed for his Canadian passport in
September 2006. Canadians have no right to a travel
document, and should Ismail apply for a passport, his
psychiatric situation, the fraud charges, and his
intelligence file based on reftel interviews with Canadian
officials will be considered. Fuller therefore did not
expect he could be issued a passport for at least a few
years. Although he has difficulty dealing with people,
Ismail has information technology skills and is considered
employable.


4. (SBU) Fuller also provided the following text which had
been coordinated with Ottawa on proposed Canadian handling of
Ismail:

Begin Text: "There is a three month waiting period for OHIP
(Ontario health plan) to provide an individual with services
once they have been out of the province for a prolonged
period.

DFAIT (Foreign Affairs and International Trade
Canada)/Consular has had success in the past waiving the

three month period.

To enter a mental health institution requires an assessment
by a private physician. Mr. Ismail would need to consent to
see a physician.

Police could intervene if Mr. Ismail demonstrated behavior
that could be detrimental to him or the public.

A person brought to a mental health institute can be held for
a maximum of 72 hours, at which time they must be released
unless there is an order by a qualified physician to keep the
person in the institution.

Most mental health institutions are located in hospitals.

After release from a mental health care facility, a patient
is assigned a Community Treatment Order (CTO) detailing the
treatment plan and community resources required for the
individual to live in the community.

Required action: Ontario Ministry of Health requires a
detailed medical history and assessment for Mr. Ismail in
order to review his specific file, which would allow for a
specific action plan." End Text


5. (Secret/Rel to USA, Can) Following is the text of the
October 21 prognosis which was part of the Detainee Health
and Medical Record Summary provided to Canada on October 22:
"Patient appears to be able to function generally well, but
did have a true psychotic break and is likely susceptible to
further episodes under periods of significant stress.
Currently, he does not feel like there is anything wrong with
him. His lack of insight suggests that he will not seek
mental health treatment voluntarily in future. He has not
exhibited any recent behavioral problems, and he is able to
maintain a healthy mood and positive attitude despite being
in chronic segregation and off antipsychotic medications."


WOOD