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