ALGERIA: PUSHING FOR THE RETURN OF GUANTANAMO DETAINEES

S E C R E T STATE 145586 SIPDIS SIPDIS E.O. 12958: DECL: 10/17/2022 TAGS: PTER PREL PHUM PINS AG SUBJECT: ALGERIA: PUSHING FOR THE RETURN OF GUANTANAMO DETAINEES REF:A) ALGIERS 1381 B) STATE 138388 C) STATE 138327 Classified by NEA DAS Gordon Gray for reasons 1.4 (b) and (d). ¶1. (U) This is an action cable; please see paragraph six. ¶2. (S) Summary: It is extremely unlikely that any third country would agree to accept the transfer of Algerian nationals detained at Guantanamo and to negotiate their return to Algeria, as proposed by the GOA (reftels). The USG, however, is willing to explore alternative solutions that might address the GOA's underlying concerns. See action requests at paragraph six. End summary. ¶3. (S) The USG is unaware of any third country that would be willing to accept the transfer of Algerian detainees from Guantanamo and to negotiate with the GOA for their eventual return to Algeria. ¶4. (S) The USG would be willing to discuss transferring the detainees to the GOA in a third country without the third country taking custody of the detainees. If such an arrangement is acceptable to the GOA, then we will explore which third countries, if any, might be willing to facilitate the transfers. However, legal considerations such as possible asylum requests by detainees upon entering the third country might limit this option to Algerian detainees who express that they do not object to their transfer to Algeria. (Note: Department agrees with Post's ref A assessment that transferring the detainees via a U.S. military base in Germany or Italy is unworkable. End note.) ¶5. (S) Similarly, the USG would be willing to discuss transferring the detainees to the GOA in a third country through an international organization acting as intermediary. If such an arrangement is acceptable to the GOA, then we will explore which international organizations and third countries, if any, might be willing to facilitate the transfers. Again, legal considerations such as possible asylum requests by detainees upon entering the third country and/or security considerations vis-a-vis the international organization acting as intermediary might limit this option to Algerian detainees who express that they do not object to their transfer to Algeria. (Note: We have employed such an arrangement in the past to accomplish the release of detainees from Guantanamo to Iran via the ICRC in Afghanistan. As in the past, this scenario would require the cooperation of a neighboring country if the transfer were to involve a simple land border crossing into Algeria. Alternatively, such a transfer could be accomplished through the cooperation of a non-contiguous country with an available airfield, with the GOA airlifting its nationals to Algeria. End note.) ¶6. (S) Post is requested to continue to engage GOA officials on this issue to determine which, if any, of the scenarios discussed above might address the GOA's underlying concerns and break the impasse on the return of Algerian detainees. Please provide a status report on these efforts and discussions by October 24 if possible. RICE