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.) -------------- NISS PROVES IT CAN DELIVER -------------- ¶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. -------------- -------------- 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. -------------- 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.) -------------- -------------- 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