BOSNIA - SECURITY MINISTER SADOVIC'S RESPONSE TO

S E C R E T SARAJEVO 001796

NOFORN
SIPDIS

DEPARTMENT FOR S/WCI (WILLIAMSON/VIBUL-JOLLES),EUR
(JONES),AND EUR/SCE (FOOKS/STINCHCOMB)

E.O. 12958: DECL: 11/26/2018
TAGS: PGOV PINR PREL PTER BK AGAO
SUBJECT: BOSNIA - SECURITY MINISTER SADOVIC'S RESPONSE TO
REQUEST TO TRANSFER SOME "ALGERIAN 6" DETAINEES

REF: A. STATE 123743

B. SARAJEVO 1705

Classified By: Charge Judith Cefkin for reasons 1.4 (b) and (d)


1. (S/NF) SUMMARY: The Charge and Acting Political Counselor
met with Minister of Security Tarik Sadovic on November 24 to
discuss the request in reftel A regarding the possible return
to Bosnia of some members of the "Algerian Six" group of
Guantanamo detainees. The Charge noted that we are now
asking the Bosnians to consider accepting another detainee,
Sabir Lahmar, who was not among the original group discussed
by Ambassador Williamson during his recent visit to Bosnia
(reftel B). Sadovic was very constructive during the
meeting, and said he did not foresee any problems with a
return on or about December 15 of the three detainees
(Mohamed Nechla, Al-Haj Boudella, and Mustafa Ait Idir) who
have Bosnian citizenship. Sadovic said that additional
issues would have to be resolved before Bosnia could agree to
accept the return of detainees without Bosnian citizenship.
The Algerian Six (A-6) issue has gotten significantly more
coverage in local press in the past few days. Articles in
the Republika Srpska press have quoted some ethnic Serb
nationalists critical of A-6 returns and accusing Sadovic of
violating the Dayton Accords. In addition, Assistant
Minister of Security Vjekoslav Vukovic was quoted as taking
an apparently harder line with respect to the return of the
A-6 than we have heard from Minister Sadovic. Vukovic's
comments pointed to the policy conundrum raised by the A-6
issue in connection with the Citizenship Review Commission
(CRC) process. If detainees who were stripped of citizenship
by CRCs are allowed to return to Bosnia and stay here, this
could raise questions about the integrity of the CRC process,
and whether its results are binding in other cases. END
SUMMARY

Working Group of Police and Intelligence Officials
-------------- --------------


2. (S/NF) Sadovic confirmed that the Bosnian government has
created a working group composed of members of the police and
intelligence services to work out details of a transfer and a
monitoring regime for detainees after they return. He also
said that logistical requirements connected with a milair
flight of returning detainees, such as refueling and changing
crews, should not pose any difficulties. Sadovic noted that
the Bosnians have designated Ministry of Security official
Samir Rizvo as the Bosnians' point of contact with the
American government. (Note: Rizvo met with the Charge and
the Acting Political Counselor on November 21. End note).
Sadovic stressed that the Bosnian government would do
everything it could to keep details of negotiations and
transfer arrangements from leaking into the Bosnian press.

Potential Problems with Non-Citizens
--------------


3. (S/NF) Although Sadovic said he did not foresee any
problems with the return of the three detainees who have
Bosnian citizenship, he said that additional issues would
have to be resolved before Bosnia could agree to accept the
return of detainees who do not have citizenship. He said
that the government would immediately begin reviewing our
request to consider transfer of Sabir Lahmar, who was not
among those discussed by Ambassador Williamson. Sadovic
added that the working group has already begun to assess
whether a legal basis exists for returning non-citizen
detainees to Bosnia, including detainees who were stripped of
their citizenship in the Citizenship Review Commission (CRC)
process. He said one important factor in determining whether
these detainees could return would be whether they have
family members living in Bosnia. Sadovic also said it would
be important, as an administrative matter, to determine
whether these detainees (as well as the detainees who have
citizenship) possess documents that indicate their identity
and status in Bosnia.

Preference for Returning All Detainees at One Time
-------------- --------------


4. (S/NF) Sadovic said he would prefer to bring back all
detainees who qualified at one time, so that the Bosnian
government only has to confront the public relations
challenge of a return of detainees once. He said that he
personally believes all five of the Algerian detainees in
question should return to Bosnia. However, he acknowledged
that this issue is not decided yet by the entire Government,
and he said it would be a "disaster" if some of the A-6 were

returned to Bosnia only to be subject in turn to deportation.
He asked the USG to use its influence to ensure that those
who could not return to Bosnia and stay here could go
somewhere else. The Charge noted that we would not want
issues connected with non-citizens to delay the return of
those detainees who had citizenship, and that it was up to
Bosnian officials to determine what their law allows with
regard to the non-citizens. The Charge requested the GBiH
response by December 1.

Press Commentary
--------------


5. (SBU) Although the local press was relatively quiet about
the A-6 issue until last week, the issue has gotten
significantly more coverage in the past few days. Articles
in the Republika Srpska press have quoted some ethnic Serb
nationalists critical of A-6 returns. For example, Nedeljko
Mitrovic, President of the Association of RS War Veterans,
was quoted as saying that A-6 detainees should not be allowed
to return and, if they do, they should be arrested
immediately and put on trial. Branislav Ducic, the head of
Former Concentration Camp Victims of the RS, was quoted as
making similar comments. These officials took specific aim
at Sadovic, accusing him of violating Dayton. (Note: In
response to reports about the Judge's decision in the A-6
case, Sadovic had earlier been quoted as saying that, if
asked, BiH would be obliged to take its citizens back. End
note)


6. (S/NF) In addition, Assistant Minister of Security
Vjekoslav Vukovic was quoted in a Mostar daily on November 26
as taking an apparently harder line on the return of the A-6
than we have heard from Minister Sadovic. Vukovic, who
headed the Citizenship Review Commission (CRC) process,
reportedly said that the fact that three of the A-6 detainees
do not have citizenship would bar them from being able to
return to Bosnia. He also reportedly said that if the three
who had citizenship returned to Bosnia, they might be subject
to a citizenship review process similar to the one that
resulted in A-6 detainees Boumedienne and Bensayah being
stripped of their citizenship. (Note: We were unable to
speak with Vukovic, an Embassy contact, about this today.
However, Ministry of Security official Rizvo told us that his
understanding is that the three Algerian detainees who have
Bosnian citizenship have already been vetted by the CRC
process, and their cases could not be re-opened. End note)

Comment
--------------


7. (S/NF) What we have heard from Bosnian officials so far
suggests the Government will accept a return on or around
December 15 of the three A-6 detainees who have Bosnian
citizenship. Minister of Security Sadovic, who is a strong
Bosniak nationalist, also supports accepting detainees who do
not have citizenship. However, the comments in the press of
Assistant Minister Vukovic are probably indicative of
reservations among other government officials on the question
of accepting detainees without Bosnian citizenship, and we do
not yet know how this will be resolved. The Charge attempted
to speak with PM Spiric about this issue today, but he was
unavailable because he was tied up in a Council of Ministers
meeting. Vukovic's comments point to the policy conundrum
raised by the return to Bosnia of detainees who were stripped
of their Bosnian citizenship by the Citizenship Review
Commission (CRC) process. This process was initiated with
strong support from the U.S. as a way of ensuring that Dayton
Accord requirements that "foreign fighters" leave Bosnia were
honored. If A-6 detainees who were stripped of citizenship
through this process return to Bosnia and are allowed to stay
here, it may raise questions about the integrity of the CRC
process, and whether its results are binding in other cases.


8. (S/NF) The criticism of A-6 returns that has begun to
appear in the RS press suggests that the government may come
under more pressure from ethnic Serbs on this issue (reftel
B). Ethnic Serb nationalists may step up efforts to paint
Bosniak politicians who argue for accepting detainees as
being "soft" on terrorism. They may also try to depict Serb
politicians who agree to accepting A-6 returns as "selling
out" to the Bosniaks. When some or all of the five
Guantanamo detainees return, we will need carefully tailored
press guidance to handle the inevitable press barrage.
CEFKIN