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