IRAQ APPROVES ACCEPTANCE OF GUANTANAMO DETAINEES;

S E C R E T BAGHDAD 004068 SIPDIS STATE FOR S/WCI, NEA/I, NEA/PM, NEA-I/PM E.O. 12958: DECL: 12/29/2018 TAGS: PREL PTER PGOV PHUM PINR KDRG IZ US SUBJECT: IRAQ APPROVES ACCEPTANCE OF GUANTANAMO DETAINEES; AWAITING WRITTEN ASSURANCES REF: A. BAGHDAD 3512 ¶B. BAGHDAD 3272 ¶C. STATE 100598 Classified By: Acting Political-Military Counselor Philip S. Kosnett for reasons 1.4 (b) and (d) ¶1. (S) SUMMARY. Prime Minister (PM) Nuri al-Maliki has approved the transfer of four Iraqi detainees from USG custody at Guantanamo Bay (GTMO; REF C) to the control and custody of the Government of Iraq. The PM has authorized the Director of the Prime Minister's National Operation Center (PMNOC),Mr. Hussain Al-Asady, to coordinate the transfer framework with Embassy Baghdad. Mr. Hussain has agreed in principle to security and humane treatment assurances and will provide written confirmation of those assurances. END SUMMARY. ¶2. (S) Embassy Baghdad discussed the transfer of four Iraqi detainees from GTMO to Iraq with Minister of Interior Jawad al-Bulani October 6 (REF B). As requested by al-Bulani, biometric data and releasable case files were provided (REF C). EmbOffs continued to press for movement on the transfer with other contacts at the MoI and Office of the Prime Minister. On December 30, Hussain Al-Asady of the PM's staff notified PolMilOff that the PM had signed off on the transfer (after some earlier expressions of reluctance) and asked to consult on next steps. (NOTE: Although the PM had stated on more than one occasion that he did not want Iraqi GTMO detainees repatriated, the realization that they cannot stay at GTMO forever and that their release in the U.S. or another third country could cause embarrassment to the Government, especially should any of them should engage in subversive activities, evidently caused him to reconsider. Owing to this, Al-Asadi stated that he would like to execute the process "before (the PM) changes his mind." END NOTE.) ¶3. (S) PolMilOff reiterated that written assurances like the draft copy previously provided are would be required to move forward. PolMilOff emphasized the following points: -- The USG is not requiring or requesting that the detainees be further detained after repatriation. Al-Asady noted that their activities would be investigated upon their return, but they would only be detained in accordance with Iraqi law. (NOTE: According to Al-Asady, a person may be detained for up to seven days with a court order, and the court order could be renewed twice for a total of 21 days for investigative purposes. END COMMENT) -- The GOI would take all necessary and legal steps to ensure that the detainees do not participate in terrorism activities. Al-Asady said that their families and tribes would assist in monitoring their activities. -- Travel restrictions outside of Iraq should be imposed. Al-Asady said that according to Iraqi law, their passports could be confiscated for up to five years. -- The transferred persons must be treated humanely in accordance with Iraqi law and international standards and that a U.S. representative be allowed access to them upon request. Al-Asady agreed. -- The USG requests that the GOI share any information it may learn from the transferred persons that could assist the USG in preventing, countering, investigating, or prosecuting acts of terror. Al-Asady agreed. ¶4. (S) Al-Asady asked whether the USG would "if possible" share interrogation files from the detainees so Iraqi investigators would "not have to start from the beginning." Pol-MilOff promised to pass on the request. (COMMENT: The tone used by Al-Asady indicated that the transfers would not Qtone used by Al-Asady indicated that the transfers would not be tied to receiving the detainees' case files, and we do not believe the GOI will insist on this. END COMMENT.) ¶5. (S) Al-Asady told Pol-MilOff that he would go over the draft written assurances and while he did not believe there would be any problems, he would contact the Embassy should he need any clarification. He emphasized that the GOI would like to move forward quickly on the transfer. Embassy will continue to follow-up with Mr. Al-Asady and will forward written assurances once received. CROCKER