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