PRESIDENTIAL ADVISOR OFFERS GUANTANAMO DETAINEE

S E C R E T TUNIS 000461 SIPDIS NOFORN SIPDIS STATE FOR NEA/FO (GRAY),NEA/MAG (HOPKINS AND HARRIS) AND S/WCI (WILLIAMSON, MORRISON AND MUBANGU) NSC FOR CAMPONOVO DOJ FOR MONHEIM DOD FOR LIOTTA E.O. 12958: DECL: 04/12/2017 TAGS: PTER KAWC PINR TS SUBJECT: PRESIDENTIAL ADVISOR OFFERS GUANTANAMO DETAINEE ASSURANCES REF: A. TUNIS 306 ¶B. TUNIS 259 ¶C. TUNIS 257 ¶D. TUNIS 193 ¶E. TUNIS 139 ¶F. TUNIS 65 ¶G. SECSTATE 10683 ¶H. 06 TUNIS 2814 Classified By: AMBASSADOR ROBERT F. GODEC FOR REASONS 1.4 (b) AND (d) ¶1. (S) SUMMARY. During an April 12 meeting with Ambassador, Minister of State, Special Advisor to the President Abdelaziz Ben Dhia offered the most extensive and comprehensive assurances we have received to date on the repatriation of Tunisian detainees at Guantanamo Bay. These assurances included a commitment that Tunisia would respect the Convention Against Torture. END SUMMARY. ¶2. (S/NF) On April 12, Ambassador met with Minister of State, Special Advisor to the President, and Official Spokesperson of the Presidency Abdelaziz Ben Dhia to press for GOT assurances regarding the proposed repatriation of three Tunisian detainees at Guantanamo Bay. Also present were Afif Garbouj, Primary Diplomatic Advisor to the President, ORA Deputy, and PolOff (notetaker). Ambassador stressed the importance that the Administration places on the closure of Guantanamo and asked for Ben Dhia's assistance in obtaining assurances on the outstanding issues of treatment and third party access. Ben Dhia told Ambassador that he was aware of the issue and that Tunisia also considers the topic "sensitive." Regarding the specific assurances, Ben Dhia stressed that all Tunisian nationals must be treated equally under Tunisian law and that Tunisia cannot commit to treating some individuals differently. ¶3. (S) Ambassador noted that in diplomatic notes (Refs B and F) exchanged on this topic, the Ministry of Foreign Affairs had said Tunisian law would be applied to the returned detainees, with no mention of the Convention Against Torture (CAT). Ben Dhia responded that Tunisia has ratified the CAT and respects its related obligations. He then called Minister of Justice Bechir Tekkari to ask, "Regarding the Guantanamo detainees, have we ratified the Convention Against Torture and will we respect it?" Ben Dhia listened to Tekkari's answer, then told Ambassador, "No problem. We respect it." Ben Dhia added that international treaties and conventions are superior to Tunisian law, according to the Tunisian constitution. ¶4. (S/NF) Ambassador then noted that the GOT's diplomatic notes had said only lawyers and families would have access to the detainees. Ambassador told Ben Dhia that the United States must have assurances of third party access. Ben Dhia said that the GOT does have an accord "for a certain period" with the International Committee of the Red Cross (ICRC, Ref C) regarding prison visits. Again, Ben Dhia called Minister of Justice Tekkari to discuss, then summarized, "The ICRC asks for access and we evaluate their request." (COMMENT: While Ben Dhia did not offer a complete commitment, as reported Ref C, ICRC Regional Director Bernard Pfefferle (strictly protect) told Ambassador that the ICRC had eventually been granted access to every specific individual it had requested to visit in MOJ custody in Tunisia. Pfefferle said that clearly some in the GOT had once believed the ICRC-GOT agreement would end in late 2007. However, Pfefferle thought that the GOT now understood that the accord was indefinite, although Ben Dhia twice said the ICRC accord was for a "certain period". Pfefferle added that the ICRC would seek access to any Guantanamo detainees returned to Tunisia. END COMMENT.) ¶5. (S) Ambassador asked Ben Dhia if the ICRC has access to Ministry of Interior (MOI) facilities. Ben Dhia clarified that, since 1997, the Ministry of Justice has operated all prison facilities. The Ministry of Interior only detains individuals for "garde a vue" (detention during the period of investigation),said Ben Dhia, and would not be interested in the detainees, whose crimes are already clear. Ben Dhia called the Minister of Justice a third time to ask if the detainees would be subject to garde a vue and clarified with Tekkari that the three detainees proposed for transfer are already convicted in absentia. (NOTE: As reported Ref H, the detainees could face new charges, and related MOI investigations, under Tunisia's 2003 terrorism law. END NOTE.) Ben Dhia then told the Ambassador that the three detainees would have their identity confirmed by the Ministry of Interior before being transferred to Ministry of Justice custody. ¶6. (S) COMMENT: Ben Dhia, perhaps the highest ranking GOT official after President Ben Ali, has provided the most extensive and comprehensive assurances we are likely to receive -- orally or in writing -- on the detainee issue. Post accepts Ben Dhia's comments as a genuine commitment from an individual we believe to be the second most powerful GOT official. On balance, we judge that at his level there is an intent to keep commitments related to the detainees. Yet we cannot exclude the possibility, given the track record of the Ministry of Interior, that the detainees would be tortured upon their return to Tunisia. If further assurances are needed, high-level Washington engagement may be required. GODEC