Identifier
Created
Classification
Origin
07TUNIS139
2007-01-30 15:53:00
SECRET//NOFORN
Embassy Tunis
Cable title:  

GOT ASSURANCES ON TRANSFER OF GUANTANAMO DETAINEES

Tags:  PTER PINR KAWC TS 
pdf how-to read a cable
VZCZCXYZ0000
PP RUEHWEB

DE RUEHTU #0139 0301553
ZNY SSSSS ZZH
P 301553Z JAN 07
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 2590
INFO RUEKJCS/SECDEF WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEAWJA/DEPARTMENT OF JUSTICE WASHDC PRIORITY
S E C R E T TUNIS 000139 

SIPDIS

NOFORN
SIPDIS

STATE FOR NEA/MAG - HOPKINS, HARRIS AND S/WCI - MORRISON,
MUBANGU

E.O. 12958: DECL: 01/29/2017
TAGS: PTER PINR KAWC TS
SUBJECT: GOT ASSURANCES ON TRANSFER OF GUANTANAMO DETAINEES

REF: A. STATE 10683


B. 06 TUNIS 2814

Classified By: AMBASSADOR ROBERT F. GODEC FOR REASONS
1.4 (b) AND (d)

S E C R E T TUNIS 000139

SIPDIS

NOFORN
SIPDIS

STATE FOR NEA/MAG - HOPKINS, HARRIS AND S/WCI - MORRISON,
MUBANGU

E.O. 12958: DECL: 01/29/2017
TAGS: PTER PINR KAWC TS
SUBJECT: GOT ASSURANCES ON TRANSFER OF GUANTANAMO DETAINEES

REF: A. STATE 10683


B. 06 TUNIS 2814

Classified By: AMBASSADOR ROBERT F. GODEC FOR REASONS
1.4 (b) AND (d)


1. (S/NF) On January 30, Ambassador raised GOT assurances
related to the transfer of Tunisian detainees at Guantanamo
with MFA Secretary of State for the Americas and Asia Saida
Chtioui. Ambassador thanked Chtioui for the MFA diplomatic
note of January 11 and requested additional clarification
regarding the following specific assurances (as requested in
Ref A):

-- Treatment: Ambassador asked if the detainees would be
treated in accordance with Tunisia's law and international
obligations. Chtioui responded "Obviously."

-- ICRC Access: Ambassador asked Chtioui if the ICRC would
have access to the transferred detainees. Chtioui said
"Yes." Ambassador mentioned the January 11 MFA dipnote said
that only families and lawyers would have access. Chtioui
noted the GOT's agreement with the ICRC regarding visiting
detainees and said "You can count on (ICRC access)." (NOTE:
On January 25, ICRC Protection Coordinator Marc Bouvier told
PolEconCouns that the ICRC has continued access to Tunisian
prisons. END NOTE.)

-- Lufti Bin Swei Lagha: Ambassador asked if detainee Lagha
had been convicted and sentenced in Tunisia. Chtioui said
she did not know and would try to check.

-- In Absentia Death Sentences: Ambassador asked if any of
the twelve Tunisian detainees at Guantanamo had been
sentenced to death in absentia. Chtioui said that she did
not know, but noted that, since 1989, "The death penalty
effectively does not exist in Tunisia."

-- GOT POC: Ambassador asked who would act as the GOT point
of contact for the transfer of detainees. Chtioui said that
she would have to ask the Minister of Interior Rafik Belhaj
Kacem and Minister of Justice Bechir Tekkari.


2. (S/NF) Ambassador noted that before proceeding with the
transfer the USG would like to obtain confirmation of the
assurances discussed in the form of a diplomatic note or
other written response, if possible. Chtioui said she would
ask the Minister of Interior and would inform us when she had
further details.


3. (S/NF) COMMENT: While Chtioui's responses reinforced the
assurances the S/WCI delegation received from Minister of
Justice Tekkari in November, her closing comment that she
would consult with the Minister of Interior Belhaj Kacem on
next steps is not so reassuring. As reported in Ref B,
Belhaj Kacem rejected the suggestion that the GOT should
provide any written assurances regarding the proposed
transfer. Post will continue to follow up with Chtioui and
report any further comment and/or response when available.
END COMMENT.
GODEC