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)

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Summary
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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.

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Recap of the Allegations of Abuse and the GOT Response
(Or Lack Thereof)
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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.

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Next Steps
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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