TRANSFERRING TUNISIAN DETAINEES AT GUANTANAMO:

S E C R E T TUNIS 000042

SIPDIS

NOFORN
SIPDIS

STATE FOR NEA/MAG (HOPKINS AND HARRIS),DRL AND
S/WCI (WILLIAMSON, MORRISON AND MUBANGU)
NSC FOR CAMPONOVO
DOJ FOR MONHEIM
DOD FOR LIOTTA

E.O. 12958: DECL: 01/13/2017
TAGS: PTER KDRG PGOV PINR TS
SUBJECT: TRANSFERRING TUNISIAN DETAINEES AT GUANTANAMO:
RECOMMENDATIONS

REF: TUNIS 1484 AND PREVIOUS

Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d)

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SUMMARY
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1. (S/NF) As Washington agencies consider the disposition of
the ten remaining Tunisian detainees at Guantanamo, we offer
the following thoughts on how to move forward with
their transfer to GOT custody. Following allegations that
the two Tunisian detainees transferred in June 2007 were
tortured, the Ambassador repeatedly pressed GOT officials for
information and a strong reiteration of assurances. The
officials denied allegations of torture and repeated earlier
commitments, but we believe allegations that one of the
detainees was mistreated are credible. Moreover, GOT
officials have offered nothing to suggest that they would
treat future detainees differently. At this juncture, we
believe the only option to obtain "better" assurances is to
raise the issue directly with President Ben Ali. However,
even Presidential assurances may not ensure future transfers
do not result in allegations of torture. End Summary.

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BACKGROUND
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2. (S/NF) From late 2006 into mid-2007, the USG received a
variety of assurances from the GOT regarding the transfer of
Tunisian detainees at Guantanamo. In November 2006, the
Ministers of Justice and Interior offered oral assurances
about Tunisia's obligations under the Convention Against
Torture and noted to an interagency delegation led by S/WCI
Ambassador Williamson that many of the detainees faced in
absentia charges. The Minister of Justice also provided oral
assurances about third party access (e.g., the ICRC) to
detainees in the Tunisian prison system. In 2007, Minister
of State and Presidential Advisor Ben Dhia confirmed these
assurances to the Ambassador and subsequently reiterated them
in a letter to Deputy Secretary of State Negroponte. The
exchanges paved the way for the June 2007 transfer of the
first two detainees to GOT custody.


3. (S/NF) Following the first transfer, local and
international NGOs alleged that the two detainees, Abdallah
Ben Omar (al-Hajji) and Lotfi Ben Swei Lagha, had been
tortured and mistreated by GOT security forces. However, Ben
Omar's Tunisian lawyer (the source of these NGO reports)
clarified to PolOff and Tunisian media that, while Ben Omar
was mistreated (slapped) and threatened (that he and his
family members would be raped),he was not "tortured." Post
continues to receive reports that Ben Omar is subject to
psychological mistreatment. Without having had the chance to
speak to or examine Ben Omar
ourselves, it is still our assessment that his claims of
mistreatment are credible. According to the same lawyer, who
represents both detainees, Lagha was not subject to any
mistreatment although he was reportedly held in solitary
confinement for weeks after his transfer.


4. (S/NF) Since the transfer, the Ambassador demarched
Foreign Minister Abdallah, Minister of Interior Belhaj Kacem
and Presidential Advisor Ben Dhia regarding GOT assurances.
(Note: The GOT declined to facilitate a meeting for the
Ambassador with Minister of Justice Tekkari. End note.) All
reiterated that Tunisia is a signatory of the Convention
Against Torture (CAT) and would respect it. The Foreign
Minister and Minister of Interior dismissed the detainees'
mistreatment allegations and insisted that there was no merit
to their claims. To our knowledge, there was no GOT
investigation into reports of the detainees' mistreatment.
Further, the ministers did not indicate that any future
transfers will be handled differently to avoid such
accusations.

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RECOMMENDATION
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5. (S/NF) If Washington agencies determine that the
assurances in paragraph four (as reported in detail in

reftels) are not sufficient, we believe only President Ben
Ali is in a position to offer any more substantive assurances
than those the GOT has already provided. The Ministry of
Interior, which is probably the source of most human rights
abuses in Tunisia, is a sovereign ministry and reports
directly to the president. No other ministers or ministries
can circumvent the MOI's authority in Tunisia. Therefore,
future USG engagement on assurances should be directed to
President Ben Ali, as other efforts are likely to be
fruitless and only delay our ability to move forward with
future transfers. This could be done in person, by a
high-level State Department or other agency visit to
Tunisia, or in writing. While Ben Ali may only repeat the
assurances we have previously obtained from other officials,
his response would be definitive.


6. (S/NF) We understand there has been discussion in
Washington of seeking to transfer future detainees directly
to the Ministry of Justice, bypassing the Ministry of the
Interior. We do not believe the Tunisians would accept this
proposal or that it would eliminate the problem. It is
correct that Ben Omar was reportedly mistreated while in
Ministry of Interior custody immediately following his June
transfer and no further physical mistreatment was reported
following his transfer to a Ministry of Justice (MOJ) prison
facility. However, Post has received repeated reports of MOI
officials mistreating other prisoners at MOJ facilities.
Circumventing MOI custody would not ensure detainees are not
mistreated.

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COMMENT: CAVEAT EMPTOR
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7. (S/NF) We stand ready to assist with obtaining necessary
assurances to allow for future transfers of Tunisian
Guantanamo detainees. However, even Presidential assurances
do not guarantee these transfers would result in renewed
torture or mistreatment allegations. The Government of
Tunisia has a poor human rights record, particularly in
regard to prisoners and suspected terrorists. Even if the
GOT does not mistreat other detainees, local and
international NGOs may make inflated claims of abuse and
accuse the USG of violating its international obligations.
End Comment.

Please visit Embassy Tunis' Classified Website at:
http://www.state.sgov.gov/p/nea/tunis/index.c fm
GODEC