DISCUSSION OF KUWAITI GUANTANAMO DETAINEES

S E C R E T SECTION 01 OF 02 KUWAIT 000197 SIPDIS NOFORN SIPDIS NEA/ARP; S/WCI; S/CT E.O. 12958: DECL: 02/10/2017 TAGS: PTER PREL PGOV PHUM KU TERRORISM SUBJECT: DISCUSSION OF KUWAITI GUANTANAMO DETAINEES REF: 06 KUWAIT 4681 Classified By: Charge d,Affaires, a.i. Matt Tueller for reasons 1.4(b) and (d). ¶1. (C) Summary. In a February 11 meeting with MFA Director Maqamis, visiting NEA/ARP Director Misenheimer discussed GOK's request that Kuwait's remaining four detainess at Guantanamo be transferred to Kuwaiti custody as soon as possible. Misenheimer noted that the four would face a more exacting process than Kuwaitis previously returned from Guantanamo because they are "hard" cases. He underscored USG concerns about the adequacy of Government of Kuwait (GOK) measures to ensure that detainees returned from Guantanamo, both past and future, do not become threats to the United States again. End summary. ¶2. (SBU) On February 11, Charge and NEA/ARP Director Alan Misenheimer met with Ambassador Khaled Al-Maqamis, MFA Director of Coordination and Follow-up, and discussed the status of Kuwaiti detainees at Guantanamo Naval Base. Misenheimer told Maqamis that the USG wanted eventually to close the detention center at Guantanamo, as President Bush has said. He noted that the USG had worked cooperatively and successfully with Kuwait to transfer eight detainees to GOK control. He stressed that the four Kuwaiti nationals still in detention at Guantanamo represent the "hard" cases, and that the Administrative Review Board had not yet found them eligible for transfer. ¶3. (C) In addition, NEA/ARP Director said the USG has serious concerns about the steps the GOK would take to ensure that these last four detainees, if approved for transfer and returned, would not harm United States citizens or facilities in the future. He noted that these concerns stemmed in part from GOK failure to obtain convictions against the previous eight Kuwaitis returned from detention at Guantanamo. ¶4. (C) NEA/ARP Director explained that once the four are found eligible for transfer, the USG and GOK would need to discuss what measures the GOK planned to take to ensure that these "hard case" returnees did not again become threats to the United States. Only if satisfied that adequate measures would be taken, including but not limited to surveillance and travel bans, could the detainees be returned to Kuwait. The persuasiveness of the GOK assurances in this regard would be a crucial pre-requisite to any transfer, and a visit to Kuwait by an appropriate USG team would be a logical way to hold this discussion. ¶5. (S) Ambassador Maqamis welcomed the prospect of such a visit to Kuwait. He noted that GOK prosecutors found the evidence provided by the USG to the GOK insufficient to gain convictions against the previously transferred detainees. Maqamis asked for the USG to provide "hard evidence" against the returnees to allow the prosecutors to proceed effectively. (NOTE: Post learned in December, 2006 (reftel) that prosecutors investigating the two Kuwaitis most recently returned from Guantanamo were under serious pressure from the presiding judge to provide substantially stronger evidence to justify their continued detention. Currently the two are under renewable fifteen day detentions while the investigation proceeds. End note.) ¶6. (C) Maqamis repeatedly stated that he doubted that Kuwaiti detainees -- those already transferred and the remaining four -- after years in Guantanamo, were threats now or would be in the future. His view was that whatever the returnees might have done was a result of youthful poor judgment. He stated that they had changed, that they had matured and their attitudes had moderated as a result. As one indication of this, Maqamis noted that some of the returnees had married and settled down. ¶7. (C) NEA/ARP Director concluded the meeting by noting that specific discussion of possible transfer of the remaining four detainees, when it occurs, must focus on the details of GOK security measures rather than on sentiments of optimism. Maqamis replied that Kuwaiti measures were sound, and that the GOK hoped such a detailed discussion would occur as soon as possible. ¶8. (U) NEA/ARP Director Misenheimer has cleared this message. ********************************************* * For more reporting from Embassy Kuwait, visit: http://www.state.sgov.gov/p/nea/kuwait/?cable s Visit Kuwait's Classified Website: http://www.state.sgov.gov/p/nea/kuwait/ KUWAIT 00000197 002 OF 002 ********************************************* * TUELLER