Identifier
Created
Classification
Origin
07STATE131452
2007-09-18 20:07:00
SECRET
Secretary of State
Cable title:  

TUNISIA: NEXT STEPS ON GTMO DETAINEE TRANSFERS

Tags:  PTER PREL PHUM PINS TU 
pdf how-to read a cable
VZCZCXYZ0009
OO RUEHWEB

DE RUEHC #1452 2612022
ZNY SSSSS ZZH
O 182007Z SEP 07
FM SECSTATE WASHDC
TO AMEMBASSY TUNIS IMMEDIATE 0000
S E C R E T STATE 131452 

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/18/2022
TAGS: PTER PREL PHUM PINS TU
SUBJECT: TUNISIA: NEXT STEPS ON GTMO DETAINEE TRANSFERS

REF:A) TUNIS 1112
B) TUNIS 0967
C) TUNIS 0621
D) DEPUTY SECRETARY-BEN DHIA LETTER OF
5/4/07
E) TUNIS 0461

Classified by NEA Deputy Assistant Secretary Gordon Gray, reasons
1.4(b) and (d).

Summary
-------

S E C R E T STATE 131452

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/18/2022
TAGS: PTER PREL PHUM PINS TU
SUBJECT: TUNISIA: NEXT STEPS ON GTMO DETAINEE TRANSFERS

REF:A) TUNIS 1112
B) TUNIS 0967
C) TUNIS 0621
D) DEPUTY SECRETARY-BEN DHIA LETTER OF
5/4/07
E) TUNIS 0461

Classified by NEA Deputy Assistant Secretary Gordon Gray, reasons
1.4(b) and (d).

Summary
--------------


1. (S) The Deputies Committee concluded on August 23 that detainee
transfers to Tunisia could continue if either (a) the USG obtains
directly from the Minister of Interior the same humane treatment
assurances that the USG previously obtained from Presidential Advisor
Ben Dhia (including with respect to third-party access),or (b) the
USG obtains an assurance from a sufficiently senior official in the
GOT that in the future detainees transferred to Tunisia will not be
detained by the MOI. Department requests that Post seek assurances
that meet the requirements of one of the above options.


2. (S) Additional information regarding allegations that Abdallah Ben
Omar (ISN-721) was mistreated while in Tunisian custody could further
inform the USG's decision about continuing transfers to Tunisia.
Department agrees that Post should continue efforts to meet with
Justice Minister Tekkari to obtain an official response to these
allegations. Additionally, if it becomes apparent that efforts to
obtain the required assurances from the GOT through the means
directed by the Deputies Committee are not succeeding, then
Department would welcome Post's suggestions on other possible ways to
obtain the assurances. End Summary.

Objectives
--------------


3. (S) In accordance with the Deputies Committee conclusion,
Department requests that Post seek either:

-- (directly from Interior Minister Kacem) an assurance that the MOI
will honor and abide by the humane treatment and third-party access
assurances Presidential Advisor Ben Dhia previously provided on
behalf of the GOT, as memorialized in a May 2007 exchange of letters
between the Deputy Secretary of State and Ben Dhia (see para. 7,
below); or

-- (from the GOT -- Interior Minister Kacem or the Presidency) an
assurance that no detainee will be placed for any time in MOI custody
upon transfer from Guantanamo to Tunisia, even for identification

purposes.

(Note: Either assurance will be sufficient if provided orally and
reported via front-channel cable. End Note.)


4. (S) With the aim of further informing the USG's decision about
continuing transfers to Tunisia, Department agrees that Post should
simultaneously continue efforts to meet with Justice Minister Tekkari
to obtain an official response to allegations that Ben Omar was
mistreated while in Tunisian custody. Additionally, if it becomes
apparent that efforts to obtain the required assurances from the GOT
through the means recommended by the Deputies Committee are not
succeeding, then Department would welcome Post's suggestions on other
possible ways to obtain the assurances.

Reporting Deadline
--------------


5. (S) Post should report on its efforts to obtain the aforementioned
oral assurances, and the content of discussions with Kacem, Tekkari,
or other GOT officials, via front-channel cable. Please provide a
status report on these efforts and discussions NLT Friday, September

21.

Background
--------------

6. (S) Reftel A reported Post's success in determining that former
Guantanamo detainee Lotfi Ben Swei Lagha (ISN-660) has not been
mistreated while in Tunisian custody. Reftel B, however, noted that
efforts to meet with GOT authorities to discuss the case of former
detainee Abdallah Ben Omar (ISN-721) have not yet yielded positive
results. The alleged mistreatment of Ben Omar reportedly occurred
while he was in MOI custody for several days immediately after his
transfer to Tunisia, but reportedly the mistreatment has not
continued since his transfer to MOJ custody.


7. (S) Prior to the two detainees' transfer from Guantanamo to
Tunisia on June 18, Presidential Advisor Ben Dhia provided the USG
the following assurances on behalf of the GOT, as memorialized in a
May 2007 exchange of letters between Deputy Secretary of State
Negroponte and Ben Dhia (reftels C, D, E):

-- That detainees are to be treated in accordance with the GOT's
obligations under the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment upon their transfer to
Tunisia;

-- That following confirmation of their identities, transferred
detainees who were convicted in absentia of crimes are to be under
the supervision of Tunisian justice authorities (i.e., the MOJ);

-- That, in addition to access by detainees' families and lawyers,
the GOT has access arrangements with the ICRC relating to detainees
in Tunisia, and is to evaluate requests for access to detainees under
those arrangements; and

-- That the GOT is to give such requests for access positive
consideration.


8. (S) Department appreciates Post's continuing efforts on the issue
of Guantanamo detainees, including its patient efforts to ascertain
the validity of allegations of mistreatment of former detainees.
Department has taken under advisement the reftel B recommendation for
a senior-level USG letter to Ben Dhia on this issue and will reassess
that recommendation once the GOT response to the para. 3-4 action
requests becomes clear.

Point of Contact
--------------

9. (SBU) Point of contact for this request is S/WCI - Mark Stamilio,
phone: (202) 647-5234, email: StamilioMA2@state.sgov.gov
RICE