C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 004687

SIPDIS

E.O. 12958: DECL: 12/29/2033
TAGS: PREL PHUM PTER CH TW
SUBJECT: AMBASSADOR-AFM LIU MEETING ON GUANTANAMO UIGHURS,
TAIWAN INAUGURAL PARTICIPATION, RIGHTS ACTIVIST LIU XIAOBO

REF: BEIJING 4670 AND PREVIOUS

Classified By: Ambassador Clark T. Randt, Jr. Reasons 1.4 (B) and (D).

Summary
--------------


1. (C) China is "gravely concerned" by statements that the
United States is considering transferring PRC citizen Uighurs
detained at Guantanamo to a third country rather than
repatriating them to China, Assistant Foreign Minister Liu
Jieyi told the Ambassador December 29. The Uighur detainees
are members of a UN-listed terrorist organization, the East
Turkestan Islamic Movement, and as such should be given to
China to be dealt with under Chinese law, he said. The
United States should not allow Taiwan Legislative Yuan
President Wang Jyng-ping to lead an "official delegation" to
the United States for the upcoming U.S. presidential
inauguration, Liu said. The Ambassador responded that the
administration is not inviting delegations from abroad, but
rather only representatives of the Washington-based
diplomatic corps, to the inauguration. The Ambassador raised
concerns regarding the continued detention of Charter 08
signer and organizer Liu Xiaobo and urged the Chinese
Government to release him and stop harassing peaceful
dissidents. Liu responded that the issue of Liu Xiaobo is
one of rule of law rather than of human rights, and that the
case is being dealt with in keeping with Chinese law. End
Summary.

"Chinese Uighur Terrorists in Guantanamo"
--------------


2. (C) Assistant Foreign Minister Liu Jieyi called the
Ambassador into the Foreign Ministry December 29 to
officially record China's "grave concern" over the State
Department spokesperson's December 23 statements that
repatriating Chinese Uighurs held in Guantanamo to China
would not be prudent and furthermore that the USG appreciates
the consideration given by Germany, Portugal, France,
Switzerland and other European states to accepting these
individuals. The suspects are members of the East Turkestan
Islamic Movement (ETIM), a group listed by the UN Security
Council (UNSC) Resolution 1267 committee as a terrorist

organization, AFM Liu alleged. Furthermore, the U.S.
Department of Justice has indicated that the suspects
acknowledged in interviews that, when captured, they were in
Afghanistan for weapons training to fight the Chinese
Government. As such, the Uighur detainees should be returned
to China "as a matter of course" so that they can be dealt
with in keeping with Chinese law. Transferring them to a
third country would violate the relevant UNSC resolutions,
would not be in keeping with the United States' international
commitments, would harm China's judicial sovereignty and
national security, and could end up being a risk to U.S.
security as terrorists sometimes turn their focus from one
nation to another, Liu said.


3. (C) China believes U.S.-China counter-terrorism
cooperation should be based on reciprocity and mutual benefit
and therefore opposes transferring the Uighur detainees to a
third country. Noting that Sino-U.S. relations are at an
important "moment of transition," he urged the United States
to consider overall bilateral relations, our common
counter-terrorism interests and the "utmost sensitivity" of
the issue and repatriate the individuals to China. Doing so
would avoid harm to bilateral relations and to cooperation
"in important areas." AFM Liu also urged the USG to advise
the incoming administration of the importance of this issue.
The Ambassador took note of PRC concerns.

Taiwan Inauguration Delegation
--------------


4. (C) China is "extremely concerned" by reports in the
Taiwan press that Taiwan's "so-called" Legislative Yuan
President Wang Jyng-ping will "lead an official delegation"
to the United States for the January 20 inauguration, Liu
said. Furthermore, the delegation may include opposition
party DPP representative Annette Lu, whom he described as
"bent on Taiwanese independence." Noting that Taiwan is the
most sensitive issue in Sino-U.S. relations and that China's
one-China principle "cannot change," Liu said that China
firmly opposes official exchanges between the United States
and Taiwan. As the inauguration is an important and official
event, participation by the delegation and Annette Lu would

BEIJING 00004687 002 OF 002


be a serious violation of the One China policy and the three
Joint Communiques, would "send a seriously wrong signal" to
Taiwan independence forces, and would interfere with
bilateral and cross-Strait relations, Liu said. He urged the
United States to recognize the sensitivity and complexity of
the Taiwan issue and not allow the delegation or Annette Lu
or other "independence characters" to attend, nor to conduct
any official U.S.-Taiwan exchanges, and to advise the
incoming administration and Congress of the sensitivity of
the issue. Liu added that the United States should guard
against allowing Wang and the delegation to travel to the
United States and to characterize the trip as "official."


5. (C) The Ambassador responded that while representatives of
the Washington-based diplomatic corps are invited to the
inauguration, no delegations are invited from abroad. As
such, there are no "official" foreign delegations attending
at the invitation of the Administration.

Human Rights: Charter 08 and Liu Xiaobo
--------------


6. (C) The Ambassador raised U.S. concerns regarding the
continued detention of dissident writer and rights activist
Liu Xiaobo (reftel), a signer of and organizer behind the
Charter 08 democracy manifesto issued in conjunction with
international Human Rights Day December 10. The Ambassador
noted deep U.S. concern regarding reports that Chinese
citizens have been detained, interrogated and harassed as
they prepared to commemorate Human Rights Day and the 60th
anniversary of the adoption of the Universal Declaration of
Human Rights. He stressed particular concern regarding the
well-being of Liu, who remains in custody and called on the
Chinese Government to release Liu and cease harassment of all
Chinese citizens who peacefully express the desire for
internationally recognized fundamental freedoms.


7. (C) AFM Liu responded that this issue is a rule of law
issue, not a human rights issue and expressed certitude that
the case would be dealt with in accordance with PRC law. He
disagreed with the U.S. assertions as to what should be done
with Liu and any others on the grounds that the only
determinant for the correct handling of the matter will be
PRC law. Furthermore, AFM Liu stated, the Chinese Government
does not accept outside interference in China's internal
affairs.
Randt

HTS ACTIVIST LIU XIAOBO...