SECURING VIABLE ASSURANCES TO RESUME DETAINEE

S E C R E T TUNIS 001157 SIPDIS C O R R E C T E D C O P Y (ADM AID ADDED) SIPDIS STATE FOR NEA/FO (GRAY) NEA/MAG (HOPKINS AND HARRIS),DRL, AND S/WCI (WILLIAMSON, MORRISON AND MUBANGU) NSC FOR CAMPONOVO DOF FOR MONHEIM DOD FOR LIOTTA E.O. 12958: DECL: 08/22/2017 TAGS: PTER KAWC PINR TS SUBJECT: SECURING VIABLE ASSURANCES TO RESUME DETAINEE TRANSFERS REF: A. TUNIS 1112 B. TUNIS 1060 C. TUNIS 1017 ¶D. TUNIS 981 E. TUNIS 967 F. TUNIS 964 G. TUNIS 947 Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d) -------------- Summary -------------- ¶1. (S) Serious allegations have been made regarding the treatment by Tunisian authorities of one of the two transferred Tunisians formerly detained at Guantanamo Bay. Before we can resume the transfer of detainees, the Embassy needs to review the allegations with senior GOT officials and obtain renewed assurances that the transferees will not be tortured. If these assurances are obtained, and if no further information emerges regarding mistreatment of the first two, we believe the USG will be able to resume transfers. In this cable, we summarize the allegations of mistreatment and provide a suggested way forward. End Summary. -------------- -------------- Recap of the Allegations of Abuse and the GOT Response (Or Lack Thereof) -------------- -------------- ¶2. (S) Shortly after the June 18 transfer of Tunisian detainees Abdallah Ben Omar (al-Hajji) and Lutfi Bin Swei Lagha, allegations were made in United States and international media that Ben Omar had been subject to "torture" in Tunisian custody. In Ref E, Embassy stated that, based on the information available to us at that time, we could not support the transfer of additional detainees to Tunisian custody until the humane treatment of the two transferred detainees could be confirmed. ¶3. (S) In subsequent conversations with human rights groups and the detainees' US and Tunisian counsel, the precise allegations of mistreatment have varied. -- In a conversation with PolOff, Ben Omar's Tunisian lawyer described him being "beaten" and "slapped" during the two days in which he was held in MOI custody, as well as being threatened (Ref F). Since being transferred to MOJ custody, Ben Omar was said to be held in solitary confinement, in a cell "without light or air," a state his lawyer described as "worse than torture." The lawyer also said prison authorities had yet to provide Ben Omar with prescription eyeglasses. -- Representatives of Human Rights Watch (HRW) and Reprieve alleged that threats were made against Ben Omar, saying that security officials had threatened to rape him and his family members (Refs B and C). When asked to lay out their concerns about mistreatment, Reprieve said that Ben Omar's wife had found Ben Omar to be in "bad shape" during her first prison visit. Both groups said he had appeared lethargic and unresponsive. They speculated that he had been subject to sleep deprivation, and possibly drugged. They also took issue with his being held in solitary confinement. -- Local ICRC representatives confirmed that they have visited the detainees. Citing their confidentiality agreement with the GOT, they have not divulged any information about the detainees' treatment (Ref G). -- In a conversation with the Ambassador, Foreign Minister Abdallah dismissed the allegations of Ben Omar's mistreatment as "propaganda" (Ref D). -- The Justice Minister has not responded for eight weeks to repeated requests for an appointment with the Ambassador. Meanwhile, the MOJ made a statement denying mistreatment, but this statement was provided exclusively to AP in response to their inquiry and is not a public or official GOT statement. (Embassy only received a copy by asking the AP for it.) -- In a conversation with PolOff, the lawyer of returned detainee Lutfi Bin Swei Lagha, who also represents Ben Omar, said Lagha reported no mistreatment since his return to Tunisia (Ref A). ¶4. (S) While the Foreign Minister's dismissal of the allegations is useful to have on record, it is not sufficient to assuage concerns about compliance with GOT assurances on detainee treatment. The MFA is not responsible for detainee treatment andQas no authority over the MOI or MOJ. ThQ we cannot be certain that those who are responsible for detainee treatment have registered our concerns. Moreover, given the timing and nature of the FM's statements, we are skeptical that he had in fact inquired about the status of the detainees with the relevant authorities. -------------- Next Steps -------------- ¶5. (S) Given the allegations regarding mistreatment of one of the two detainees, we need to take additional steps before transfers should be resumed. Specifically, we plan/recommend the following: -- The Ambassador will continue to seek a meeting with Justice Minister Tekkari. The purpose of this meeting is to meet with the senior GOT official directly responsible to: a) inquire about the health and welfare of Abdallah Ben Omar (al-Hajji) and Lutfi Bin Swei Lagha, b) underscQ the importance we attach to the humane treatment of the transferees, and c) seek reiteration of the GOT's assurances that past and future transferees will not be tortured. This appointment request has been outstanding for eight weeks. We know that the justice minister was preoccupied with preparing presidential pardons in the run-up to Tunisia's July 25 celebration of Republic Day. We also know that, like many high-ranking GOT officials, Tekkari has been on leave for much of the month of August. -- Should the meeting with the Justice Minister not materialize in the next several days, the Ambassador will seek a meeting with Minister of State and Presidential Advisor Ben Dhia. -- In the event that either of the above do not produce satisfactory results, we would revive our request (Ref D) for a letter from the Deputy Secretary to Ben Dhia. -- Simultaneously, we recommend that the Department ask US Mission Geneva to make inquiries at the ICRC in Geneva. We obtained some useful information from the ICRC Head of Delegation Bernard Pfefferle in Tunis (Ref F). Pfefferle did not, however, divulge any information about the detainees' treatment conditions, citing the ICRC's confidentiality agreement with the GOT. ¶6. (S) Assuming that a reiteration of its assurances regarding past and future transferees is forthcoming from someone at a sufficiently high level in the chain of command, and if no further information emerges regarding mistreatment of the first two transferees, the USG should be in a position to resume transfers. Absent such reiteration, we are concerned that proceeding with additional transfers could be taken as an indication the USG does not take the humane treatment assurances seriously. It could signal to the GOT that it need only pay lip service to the issue. In addition to addressing the bilateral issues related to detainee treatment, the Ambassador's meeting and related follow up can also be employed to respond to US and international NGO inquiries about humane treatment assurances. While we do not provide details of such diplomatic exchanges, it does give us the ability to point to specific actions taken when responding to these groups' concerns. GODEC