FONMIN AKOL LETTER TO THE SECRETARY ON DETAINEES

C O N F I D E N T I A L KHARTOUM 000695 SIPDIS SIPDIS FOR DRL, S/WCI, L, AND S/CT E.O. 12958: DECL: 05/02/2017 TAGS: SU PREL PGOV PHUM PTER ASEC SUBJECT: FONMIN AKOL LETTER TO THE SECRETARY ON DETAINEES REF: A. KHARTOUM 2818 (2006) ¶B. KHARTOUM 614 Classified By: Reasons 1.4 (b) & (d),Roberto Powers ¶1. (C) Summary and Action Request: The Government of Sudan (GOS) delivered May 2 the following letter to the Embassy regarding the status of its citizens currently held as enemy combatants at Guantanamo Bay, Cuba on. Post requests Department's guidance in responding to this letter. Post underscores that the GOS continues to make the issue of Guantanamo detainees, particularly those detainees already approved for transfer, a significant point in the existing bilateral relationship. End Summary and Action Request. ¶2. (U) (Begin Text) Excellency, I trust you are aware that nine Sudanese nationals were apprehended, some held in detention for longer periods lasting 5 years, at the US Guantanamo Base prison in Cuba without charges or trials. It is evident that, under International Law standards, Human Rights norms and International Humanitarian Law, the detention period the Sudanese nationals have spent in confinement is longer than necessary and unwarranted. Cases of relevance, which led to a growing nationwide concern, that I wish to bring to your attention, relates to the predicament of the following Sudanese detainees, and they are: ¶1. Adil Hassan Hamad (ISN 940). ¶2. Salim Mohmoud Adam Bin Amir (ISN 716). ¶3. Sami al Haj (ISN 345). ¶4. Walid Mohammed Haj Mohammed Ali (ISN 081). ¶5. Mustapha Ibrahim al Hassan. ¶6. Amir Yagoub Mohammed al Amir. ¶7. Ibrahim Osman Idris Ibrahim. It is worth mentioning that, detainees Hamad (ISN 940) and Bin Amir (ISN 716) have not been released despite a declaration made, specifically in respect of Hamad, by the US Defense Department on February 22nd, 2007. Indeed, I have anticipated progress in the detainees case following the US Defense Department pronouncement marking the repatriation of an Iraqi citizen, Bisher al Rawi, to the UK that "The transfer is a demonstration of the United States desire not to hold detainees any longer than necessary". No doubt, the detention of these Sudanese nationals has contributed negatively to the state of relations between the two countries and earned the US Government, contrary to the good reputation and respect it had enjoyed years before in our peoples perception, an overt expression of displeasure and reproach from the public. In particular, Mr. al Haj's affiliation to Aljazeera Channel combined with the long lasting hunger strike he staged, has excercerbated the problem attracting international media spotlight on a wider scale via broadcasting daily to millions worldwide. I would like in this context to remind your Excellency of my letter to you dated 4/12/2006. While the Government of Sudan is urging the immediate release and eventual repatriation of its citizens, it ensures that due process and prosecution will be accorded to the trial of its nationals should proceedings be brought against any before the court of Law. In addition, it will provide the necessary guarantees and legal remedies for a free and fair trial to benefit the defendants including, inter alia, public proceedings, right to counseling, evidence disclosure.. .e.t.c. Finally, I have noted that Mr. Hamad's attorneys have been consistent in litigating the case and have provided proof of his innocence to US courts. It is therefore imperative that the US Government grant a waiver declaring him a "non-enemy combatant". Such a measure, in my view, would constitute a positive step to speed up efforts leading to his return home concurrently with the visit of his attorneys to Sudan this week. Sincerely Yours, //Dr. Lam Akol Ajawan Minister of Foreign Affairs Khartoum, Sudan End Text. POWERS