DETAINEE TRANSFER FRAMEWORK WITH MAURITANIA

C O N F I D E N T I A L NOUAKCHOTT 000701 SIPDIS SIPDIS E.O. 12958: DECL: 08/02/2017 TAGS: PHUM PINR PREL MR SUBJECT: DETAINEE TRANSFER FRAMEWORK WITH MAURITANIA REF: A. NOUAKCHOTT 590 ¶B. NOUAKCHOTT 584 ¶C. NOUAKCHOTT 551 ¶D. STATE 75258 (NOTAL) ¶E. STATE 54062 (NOTAL) Classified By: CDA Stven Koutsis for Reasons 1.4 (b),(c) and (d) ¶1. (C) The Mauritanian government has agreed via dipnote to the transfer of GTMO detainee Mohammad Lameen Sidi Mohammad (partial ISN 706) to Mauritania. The dipnote (informal translation para. 6) agrees to accept Detainee 706 "under its jurisdiction" without acknowledging that Detainee 706 is in fact a Mauritanian national. The note provides assurances that the government will undertake measures to prevent Detainee 706 from undertaking terrorist activities, that Detainee 706 will be treated humanely upon his transfer, and that the government will grant the International Committee of the Red Cross (ICRC) access to the transferred he detainee to verify the assurance of humane treatment, if the detainee is incarcerated. ¶2. (C) The agreement comes following several discussions between EmbOffs and Mauritanian authorities clarifying the nature of the surveillance of the detainee, including our presentation of a non-paper containing the substance of para. 2 ref A. Charge also discussed possible access to the detainee with Nouakchott ICRC office head Sabine Manetta, who confirmed that her office would be willing to visit the detainee under an agreement between the ICRC and the host government signed in March 2005. ¶3. (C) Charge informed MFA Director European and American Affairs N'Diaye Kane that the USG would schedule the transfer in the coming weeks and at that time the Embassy would officially inform the MFA of the transfer arrangements. ¶4. (C) Embassy POC for the upcoming transfer is Defense Attache MAJ Charles Collins, e-mail dicolco@dia.smil.mil or collinsco@state.sgov.gov. ¶5. (C) The Mauritanian government remains interested in pursuing dialogue on the two remaining Mauritanian detainees at GTMO (Partial ISN 757 and Partial ISN 760). Charge briefed the MFA Secretary General on the DOD's Foreign Government Access to Detainees policy guidance and explained the Administrative Review Board (ARB) procedures. He provided a copy of the non-paper delivered to the MFA in September 2006, 30 days prior to their 2006 review, and the MFA should expect a similar demarche in September. ;¶6. (C) Begin informal translation of dipnote: No. 1123 July 30, 2007 The Ministry of Foreign Affairs and Cooperation of the Islamic Republic of Mauritania presents its compliments to the Embassy of the United States in Nouakchott and has the honor to acknowledge receipt of the diplomatic note transmitted by the Embassy dated June 1, 2007 in reference to the entry into Mauritania of Mr. Mohamed Lemine Sidi Mohamed, detained under the control of the U.S. Department of Defense at the naval base at Guantanamo, Cuba. The Ministry of Foreign Affairs and Cooperation of the Government of the Islamic Republic of Mauritania takes note of the Embassy,s note but wishes to make the following points: ¶A. The Government of the Islamic Republic of Mauritania will take under its jurisdiction Mr. Mohamed Lemine Sidi Mohamed when transferred. All the necessary and appropriate measures will be taken, in accordance with applicable Mauritanian laws, to avoid allowing Mr. Mohamed Lemine Sidi Mohamed to undertake terrorist activities. These measures could include incarceration, investigation, being held for questioning, or any other necessary and appropriate measure in accordance with Mauritanian law. ¶B. The Government of the Islamic Republic of Mauritania will notify the USG if the party leaves or attempts to leave Mauritanian territory. The Government of the Islamic Republic of Mauritania will conduct the necessary procedures so that information identifying Mr. Mohamed Lemine Sidi Mohamed appears on national and international watch lists. ¶C. The Government of the Islamic Republic of Mauritania will share with the USG any information regarding Mr. Mohamed Lemine Sidi Mohamed, if that information can help the U.S. to avoid, counter, or conduct an investigation or pursuit against acts committed by the party. ¶D. The Government of the Islamic Republic of Mauritania will treat Mr. Mohamed Lemine Sidi Mohamed humanely after his transfer to Mauritania, in conformity with its obligations under on the Convention Against Torture and Inhuman or Degrading Treatment or Punishment. Considering the Agreement signed between the International Committee of the Red Cross (ICRC) and Mauritania, the government commits to allow that institution access to Mr. Mohamed Lemine Sidi Mohamed, if he remains in detention, in order to ensure the conditions of his treatment. If this text is satisfactory to the American authorities, the Mauritanian government considers this note and the response from the Embassy as an understanding between the two governments. (Complimentary closing). END TEXT Koutsis