SUDAN WELL-EQUIPPED AND READY TO SUPPORT THE

S E C R E T KHARTOUM 000362

SIPDIS

SIPDIS

S/WCI FOR AMBASSADOR CLINT WILLIAMSON, ARICCI
AF/SPG FOR KEMI YAI
NSC FOR CCAMPONOVO

E.O. 12958: DECL: 03/05/2018
TAGS: PHUM PINR PTER PREL SU
SUBJECT: SUDAN WELL-EQUIPPED AND READY TO SUPPORT THE
RETURN OF GUANTANAMO DETAINEES

REF: 07 KHARTOUM 1465

Classified By: CDA Alberto M. Fernandez, reasons 1.4 (b) and (d)


1. (S) SUMMARY: The GoS told USG officials on 4-5 March that
it is well-equipped and prepared to support the transfer of
further Guantanamo (GTMO) detainees to Sudan, to include
those individuals who are of higher threat to national
security than those previously transferred. The National
Intelligence and Security Service (NISS),as the key player
for monitoring and ensuring the reintegration of returned
detainees into Sudanese society, has proven that it is very
capable in its abilities to keep returned detainees from
reestablishing Islamic extremist links. NISS, and the GoS as
a whole, has respected the USG-GoS Detainee Transfer
Framework developed in 2007. The GoS reiterated its full
commitment to this framework and is stands ready to absorb
further detainee transfers. END SUMMARY.


2. (S) On 3-6 March, a joint DoD-DoS team traveled to
Khartoum to meet with GoS intelligence, justice and foreign
affairs officials in order to discuss the status of
recently-returned Guantanamo detainees in Sudan and the
prospect for the transfer of further detainees to Sudan.
During their visit, Jay Alan Liotta, Principal Director for
Detainee Affairs, US Department of Defense, and Anthony
Ricci, Detainee Coordinator, S/WCI, met with representatives
from the National Intelligence and Security Service (NISS),
the Ministry of Justice (MOJ),and the Ministry of Foreign
Affairs. CDA Fernandez attended all GoS meetings with Liotta
and Ricci. (Note: The most recent detainee transfers
occurred in December 2007 and involved the return of Benny
Ah-Amir (ISN 710) and Hassan Adel Hussein (ISN 940). End
note.)

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NISS PROVES IT CAN DELIVER
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3. (S) The first and most critical meeting for the team was
with the NISS. With a very able team of intelligence
operatives Qleagues, and neighbors. A NISS Deputy
stressed that his agency's contact with the former detainees'
family members was critical, explaining that the families are
a positive influence that help keep transferees from
returning to their suspicious and dangerous past. One case
officer commented that he meets with his returned detainee
once a week.


4. (S) Liotta asked NISS officials about the GoS' travel
policy on returned detainees. A NISS Deputy pointed out that
returned detainees are barred from travel, and that most of
the returned do not have identity documents and therefore
could not travel if they wanted to. However, to take
appropriate and responsible measures against such
individuals, as well as to abide by the USG-GoS Detainee
Transfer Framework, the GoS forbids them to travel
internationally (they are placed on Sudan's travel
"watchlist"). They may travel within Sudan if they request
approval from the GoS and inform the GoS of their intended
destination. NISS then informs local authorities when a
transferee intends to travel to their jurisdiction.

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ON THE POTENTIAL RETURN OF SAMI EL-HAJJ AND OTHERS
-------------- --------------

5. (S) Discussion turned to the potential release of Sudanese
detainee and former Al-Jazeera cameraman Sami El-Hajj. NISS
officials said that they are in constant contact with Sami's
family (his wife and son reside in Qatar, his extended family

resides in and around Khartoum). Liotta explained to NISS
officials that Sami's transfer, like that of other detainees
assessed as High Threat, requires extreme caution and
attention on behalf of the Sudanese authorities because he
poses a much higher risk than the previously returned
detainees. The NISS assured the USG team that it is
well-equipped and ready to handle the transfer of Sami
El-Hajj and other detainees who pose a similar and very
dangerous threat. NISS officials stated that their agency is
in contact with the families and some colleagues of all of
the Sudanese detainees still at GTMO (a total of seven).
NISS also explained that it is not difficult for their agents
to find additional collaborators to assist in monitoring and
reporting back to the agency on returned individuals. NISS
is an agency which is serious about keeping a close eye on
Islamic extremists on its own soil.


6. (S) Liotta expressed that if the USG was to transfer Sami
El-Hajj, it is likely to be to Sudan , which is his country
of nationality. Liotta said that as with all detainees, and
particularly those assessed as High Threat, the USG would not
like for him to be able to travel outside of Sudan because of
the risk involved. NISS officials assured the USG team that
the GoS would handle circumstances concerning the release and
future limitations on Sami El-Hajj in the way that the USG
desired. "We will take the necessary measures" to ensure that
Sami's release meets USG standards, said the NISS Chief
Liaision.


7. (S) Liotta also asked how the GOS intended to handle the
heightened media attention surrounding Sami El-Hajj's
transfer and return to Sudan. Although the GoS cannot
completely control the Sudanese media, NISS officials assured
they would do all they could to treat the release and return
in a very quiet and discreet manner, mirroring the
well-planned and executed way in which the December 2007
detainees returned. This quiet and discreet return would be
dependent upon the USG's ability to fly a potential returnee
in at a very early morning hour on the weekend and engage in
a quick hand-off. NISS officials told the USG team that if
they received an appropriate amount of notice in advance of
the potential transfer of Sami El-Hajj (two weeks),they
could develop a "media plan" in order to contain what would
otherwise be a media storm.

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FAMILY TRAVEL AND LEGAL COUNSEL REQUESTS
--------------

8. (S) Liotta and Ricci explained that out of the seven
Sudanese detainees that remain at GTMO, two are likely to go
before military commissions for a trial. NISS officials
requested more information on the charges and status of these
individuals and the possibilities of family visits to GTMO.
Liotta and Ricci agreed to pass the individuals' "charge
sheets," when issued, to the GoS and explained that families
of detainees who go before military commissions will have the
opportunity to observe the trials. (Note: In a development
unrelated to the visit, the Office of Military Commissions
publicly announced the filing of charges against al-Qosi, one
of these two Sudanese, on 5 March. Liotta subsequently
provided information on the charges to Post to convey to the
GOS. End note.)


9. (S) At a 4 March meeting with US-educated Ministry of
Justice public lawyer Abdulla Mahdi (who represents the MOJ
on the Sudanese Government's detainee working group),the
potential for convicted and sentenced Sudanese GTMO detainees
to return to Sudan to serve their sentences was discussed.
Mahdi explained that the GoS legal system has a precedent for
allowing Sudanese who are convicted for a crime abroad to
serve their foreign-born sentences in Sudan. Mahdi did
express an interest for the charged detainees (who will go
before a US military commission) to have access to Sudanese
legal counsel. Liotta explained that this is indeed
possible, barring any complications in securing a US security
clearance for the legal counsel. Mahdi reiterated that the
GoS will do "whatever is required" legally by the US to make
sure that convicted and sentenced detainees can serve their
USG-prescribed sentences out in Sudan. (Note: On a legal
front, Mahdi was instrumental in developing the USG-GoS MOU
on detainee transfers in 2007. End note.)

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MFA REITERATES COMMITMENT TO DETAINEE TRANSFER FRAMEWORK
-------------- --------------

10. (S) On 5 March, the USG team met with MFA Undersecretary
Mutriff Siddiq and other MFA officials. Siddiq chairs the
GOS's detainee working group. Siddiq assured the USG team
that the legal framework that exists in the USG-GoS MOU on
detainee transfers will be fully respected and followed for
any future releases, as it has been for already returned
detainees. He continued by saying that "whatever we commit
ourselves to, we will implement." He pointed out that
terrorism is a "common challenge" for the US and Sudan.


11. (S) COMMENT: All GoS agencies are eager to see the
return of Sudanese GTMO detainees to Sudan. The GoS (through
its principal player on these issues - the NISS) is equipped
and well-prepared to receive detainees, whether of a medium
or high-threat level, as well as to monitor and manage their
reintegration into Sudanese society. The fact that the NISS
has already established strong communication networks with
the families of those remaining at GTMO, is able to report
detailed and up-to-date information on detainees returned in
years past, has respected the USG-GoS MOU on detainee
transfers, and has a very effective way of co-opting
collaborators sends a strong signal that the NISS is prepared
to handle detainees the USG would like to send back,
including Sami El-Hajj. Post believes the time is right for
more Sudanese detainees from Guantanamo to return to Sudan to
be transferred to the supervision of the NISS, given the
sound practices the NISS has demonstrated in carefully
monitoring and helping the previous Guantanamo returnees
re-integrate in Sudanese society. We stand ready to assist in
this process should the Inter-Agency agree to further
transfers.
FERNANDEZ