DIPLOMATIC NOTE FOR THE TRANSFER OF GTMO DETAINEE HAMDAN

C O N F I D E N T I A L STATE 123051


E.O. 12958: DECL: 11/18/2018
TAGS: KDRG PHUM PINR PTER YM

SUBJECT: DIPLOMATIC NOTE FOR THE TRANSFER OF GTMO DETAINEE HAMDAN

Ref A. SANAA 01853

B. 11/03/08 Seche-Cretz e-mail

Classified By: NEA DAS Gene Cretz, for reasons 1.4 b and d.


1. (U) This is an action request. See paragraphs 3 and 4.


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SUMMARY
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2. (C) The Department thanks Post for its work to develop an
agreement with the Government of Yemen (ROYG) to accept the transfer
of GTMO detainee SALEM AHMED SALEM HAMDAN (ISN 149) with a commitment
to detain him until the end of his Office of Military Commissions
(OMC) prison sentence. Based on reftel A, Post is requested to
finalize the specifics of the Hamdan transfer with the ROYG and
deliver the ROYG's requested dipnote. END SUMMARY.


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OBJECTIVES
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3. (C) The Department asks that Post develop and deliver a diplomatic
note that includes the following:

-- Refer to the sentencing information for detainee Hamdan, which was
previously presented to the ROYG, and request for confirmation that
the ROYG intends to hold Hamdan until his sentence is completed on
December 27, 2008.

-- Remind the ROYG of the security and humane treatment assurances
received from the ROYG related to previous GTMO detainee transfers,
and request for confirmation that these assurances, including
adherence to Yemen's obligations under the Convention Against Torture
and US or third party access will apply to Hamdan.

-- Apprise the ROYG of the U.S. plan to transport detainee SALEM
AHMED SALEM HAMDAN from GTMO to on November 25, 2008, if all
logistical issues can be resolved. (Note: As with any GTMO detainee
movement, unforeseen equipment or weather issues could cause a
delays.)

--Note that the USG request that Yemen hold Hamdan extends only to
the end of his sentence on December 27, 2008. Following that date,
the ROYG should take whatever steps it deems appropriate to mitigate
the threat posed by Hamdan in accordance with applicable law and the
security assurances it has given in connection with prior transfers,
but we should be clear that we are not requesting detention past
December 27.


4. (C) In addition to the diplomatic note, the Department requests
that Post:

-- Note to the ROYG that the arrival time on the 25th can be altered;
ask if there is a specific time of day that they would prefer.

-- Ask that the ROYG provide associated air clearances for U.S.
military aircraft to land in Yemen and request that the ROYG
designate a point of contact who will be able to work with TRANSCOM
to coordinate this transfer.

-- Note to the ROYG that the airplane used for the movement will
likely require refueling on the ground in Yemen.

-- Ask the ROYG to provide a point of contact within the ROYG that
will assist Hamdan's defense counsel with contacting Hamdan during
his time in Yemeni detention.

-- Convey to host government officials that we would again appreciate
their willingness to recognize the sensitive nature of the upcoming
transfer and to treat it as confidential information prior to the
completion of the transfer, as was done on previous occasions.
However, the completed transfer may be announced after it has taken
place. DoD will make an announcement of the transfer flight after
the mission is complete.

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REPORTING DEADLINE
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5. (C) Post should report the results of its effort by cable to
S/WCI and NEA as soon as possible.
RICE


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