BOSNIA: FOREIGNERS AFFAIRS SERVICE DETAINS IMAD

S E C R E T SARAJEVO 001572 SIPDIS DEPARTMENT FOR EUR(JONES), EUR/SCE(HYLAND/SILBERSTEIN/STINCHOMB); NSC FOR HELGERSON/WILSON E.O. 12958: DECL: 10/06/2018 TAGS: PGOV PREL PINR PTER KJUS KCRM BK SUBJECT: BOSNIA: FOREIGNERS AFFAIRS SERVICE DETAINS IMAD AL-HUSSEIN (A.K.A. ABU HAMZA AL-SURI) REF: SARAJEVO 1164 Classified By: Michael Murphy, Reasons 1.4(b),(d) Imad Al-Hussein Detained -------------- ¶1. (S) On October 6 the Foreigners Affairs Service (FAS) and Federation police arrested Syrian born foreign fighter Imad Al-Hussein (better known as Abu Hamza al-Suri) and brought him to the FAS immigration center near Sarajevo. Initial reports indicate that Al-Hussein's detention occurred without incident. Senior FAS and Federation police sources us tell us that they had been planning this action for a few weeks, but decided to wait until after the Muslim holiday of Eid (Bajram) and the October 5 Municipal elections. Since his denaturalization, Al-Hussein, as an alien with no lawful status in Bosnia and Herzegovina, had been under the supervision of the Bosnia's state level immigration agency, the Foreigners Affairs Service. Until October 6 he had been free on his own recognizance, but required to appear weekly at FAS offices. Al-Hussein had been under long term surveillance by Bosnia's state Intelligence and Security Agency (OSA). (reftel) Constitutional Court rejects most of Al-Hussein's Appeal -------------- -------------- ¶2. (C) The timing of this action was also affected by an October 4 Constitutional Court ruling upholding earlier decisions to revoke Al-Hussein's BiH citizenship and to reject his asylum petition. However, the Constitutional Court ordered the State Court to review a portion of Al-Hussein's appeal relating to whether or not deportation and subsequent separation from his family would violate his rights under the European Convention for Human Rights. The court ruling ordered the Court of BiH to hold an "evidentiary hearing and assess whether the appellant from the country would be justifiable by reference to the criteria provided in Article 8, paragraph 2 of the European Convention in relation to the request for temporary residency permit and in relation to the request for asylum." Sources in the State Court tell us that no date has yet been set for this review nor has a State Court judge been assigned to the case. ENGLISH