TUNISIA RESPONSE ON TRANSFER OF GUANTANAMO

C O N F I D E N T I A L TUNIS 000065 SIPDIS NOFORN SIPDIS NEA/MAG FOR HARRIS, S/WCI FOR MORRISON, MUBANGU E.O. 12958: DECL: 03/26/2016 TAGS: PINR KAWC PREL PTER TS SUBJECT: TUNISIA RESPONSE ON TRANSFER OF GUANTANAMO DETAINEES REF: STATE 917 Classified By: Ambassador Robert F. Godec for Reasons 1.4 b & d ¶1. (C) Post delivered reftel dipnote regarding the transfer of Tunisian detainees currently at Guantanamo to the MFA on January 5. Post received the following response on January 11 (informal translation): The Ministry of Foreign Affairs presents its compliments to the Embassy of the United States of American in Tunis and, referring to its Note Verbale No. 103 received at the Ministry on January 5, 2007, relative to the Tunisian detainees currently under control (of the USG) at the Guantanamo Naval Base in Cuba and to the discussions which took place between Tunisian officials and their American counterparts, has the honor to recall that the Tunisian government confirms its readiness to accept the transfer to Tunisia of Tunisian detainees once their identity has been confirmed, without subscribing to any conditionality, and reiterates its position that Tunisian law is sufficiently rich and mindful of rights and liberties to serve as the only guarantee in this matter. The Ministry recalls as well that, conforming to Tunisan law, visits of the Tunisian detainees in Tunisia are possible only for their family members or lawyers. Honorary closing. End text of dipnote. ¶2. (C) COMMENT: While the opening phrases of the dipnote seems to indicate confirmation of the sought after GOT assurances (reftel),two phrases strike us as problematic: -- That Tunisian law alone would be the only guarantee of the humanitarian treatment of the concerned individuals; and -- That Tunisian law does not allow third party access. Moreover, we note that the dipnote does not specify a point of contact, as we had requested. End Comment. GODEC