TRANSFER OF MOROCCAN GTMO DETAINEE SAID

C O N F I D E N T I A L RABAT 000370

NOFORN

FOR S/WCI AND NEA/MAG

E.O. 12958: DECL: 04/24/2028
TAGS: PHUM PINR PTER KDRG MO
SUBJECT: TRANSFER OF MOROCCAN GTMO DETAINEE SAID
BOUJJAADIA (PARTIAL ISN 150)

REF: STATE 37199

Classified by Ambassador Thomas Riley for reasons 1.4 (b)
and (d).


1. (C/NF) This is a coordinated mission message, with
concurrence from all concerned agencies. In response to
queries reftel; (a) The GOM is prepared to receive the
proposed transfer. (b) The GOM has provided verbal
assurances from a variety of sources including MFA Director
of Bilateral Affairs Karim Halim (strictly protect) that the
humane treatment, security and access assurances previously
provided by the GOM, which have served as the basis for
previous transfers to Morocco in October of 2006 and April of
2007, will apply to the transfer of detainee BOUJJAADIA.
Halim, the Counterterrorism and Political-Military Affairs
Chief of the MFA is authoritative in conveying the
continuation and renewal of previous high level assurances
that were given with respect to previous transfers. Post
assesses these assurances to be reliable. Regarding point
(c),approval to refuel after landing in Morocco is being
worked through customary DATT channels, other logistic issues
are being coordinated through appropriate USG counterparts.
To the best of our information, all former transferees remain
in Morocco; and there have been no issues regarding adherence
to security or humane treatment assurances.


2. (C/NF) We assess the Government of Morocco (GOM) has
handled the past transfers of detainees from GTMO as well as
possible. All appear to have received reasonable due
process. While we do not maintain consolidated formal
records at post, we have tracked the situation of GTMO
transferees, as the same questions are raised with each
transfer. Embassy has maintained formal contact with GOM
through the Ministry of Foreign Affairs and has also been
directly in touch with law enforcement/judicial personnel
regarding transfers, and supplemented this monitoring with
the best available information from GOM contacts, civil
society and through the press, which on this issue is
essentially unrestricted in its reporting. The principal
concern of the GOM regarding the transfers has been they do
not want to see non-Moroccan detainees. Previous missions
have landed without non-Moroccans disembarking.


3. (SBU) USG information indicates that ten detainees were
returned to Morocco. All of them received legal due process,
which itself is remarkable under the circumstances and is a
sign of how far rule of law has evolved in Morocco. Three
were charged and sentenced and the rest were acquitted. One
of the three detainees convicted upon repatriation was
imprisoned for a little over a year and then released when
his conviction was overturned; the other two were convicted
and have either been released or are serving sentences
imposed in accordance with Moroccan law. Details noted below
(para 7). Two detainees who were released after repatriation
were subsequently arrested and convicted on charges unrelated
to their Guantanamo detention, we believe they may also have
been freed by now. Post is unaware of any allegations of
mistreatment or abuse during any of the periods of detention.
Most of this information is also available in press
accounts.


4. (C/NF) According to Moroccan officials, the principal
reason the transferees are no longer detained is that the GOM
has never received, as requested, any judicially appropriate
evidence, records, or documentation that could justify the
GOM convicting or even holding the referenced individuals.
Such requests, from local prosecutors, were generally passed
to the USG through LEGATT channels. Without inculpating
information, the GOM cannot hold the individuals beyond a
limited investigatory period. This in itself is good, from a
human rights and democracy perspective. The GOM has also
apparently come to the conclusion that the individuals do not
pose a direct present threat to Morocco. Nonetheless, they
have assured us that all are subject to ongoing monitoring.


5. (C/NF) We have never received any information that any of
these detainees, released or not, have suffered abuse at the
hands of the GOM. We believe the GOM has been extra
scrupulous concerning these individuals, as it is aware of
the scrutiny applied to their cases. Prior to previous
transfers, we have informed the GOM that we base our decision
to transfer on the humane treatment assurance provided by the
Minister Delegate for Foreign Affairs and Cooperation on
behalf of the GOM at a June 17, 2005 meeting with the U.S.
Ambassador to Morocco; as well as assertions made by the
Minister of Justice of Morocco in March 2005 that the ICRC
would be able to visit detainees repatriated from GTMO. On
these previous occasions, the GOM indicated their
understanding that the transfers will proceed based upon
these understandings. Again, these have proven adequate and
to our knowledge, the GOM has not deviated from these
commitments. Based on our contacts with the GOM and ICRC, we
have no reason to believe that the ICRC would not continue to
have access to GOM facilities and will have access to any
future detainee(s) transferred from GTMO. On the contrary,
the Moroccan prison system is becoming more transparent.
Additionally, we are not aware of any of the previous
transferees residing outside of Morocco.


6. (C/NF) The Director of the Penitentiary Administration
separately assured poloff on April 15, 2008 that prisoners
would be fairly and humanely treated, according to Moroccan
law, and assured they would receive due process. We have no
reason to question those assurances.


7. (C/NF) Post,s List of Returnees and Status (note:matches
reftel list)

Returned 7/30/04
Shakaran, Ibrahim Bin, (Ibrahim Benchekroun): charged 9/8/04,
acquitted 1/06, convicted later with Rha cell (currently
serving a sentence)

Radwan, Al Shakouri, (Redouane Chakouri): charged 98/04,
acquitted 1/06

Mizouz, Mohammed, (Mazouz/Mzouz): charged 9/8/04, acquitted
1/06, convicted later with Rha cell (currently serving a
sentence)

Ahmad, Abdullah Tabarak (Abdellah Tabarak): charged 9/8/04,
acquitted 1/06

Awzar, Mohamed Ibrahim (Mohamed Ouzar): charged 98/04,
acquitted 1/06

Returned 2/7/06

Lahassimi, Najib Mohammad (Najib Lahssini): convicted of 5
years as of 11/30/06

Hassan, Muhammad Hussein Ali (Mohamed Al Ouali): convicted
and sentenced to 3 years on 11/30/06

Souleimani, Laalmai, Mohamed (Mohamed Souleimani Aalami):
convicted and sentenced to 3 years as of 11/30/06

Returned 10/11/06

Ben Moujan, Muhammad (Mohamed Benmoujane): charged 10/19/06,
convicted and sentenced to 10 years, then overturned and
acquitted 5/07

Returned 4/25/07
Rashidi, Ahmed (Ahmed Rachdi): charged, acquitted 5/2/07,
confirmed still in Morocco as of 12/07


8. (C/NF) Embassy will continue to follow up with host
government officials to obtain full information on status of
returned detainees.

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Visit Embassy Rabat's Classified Website;
http://www.state.sgov.gov/p/nea/rabat
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Riley