Identifier
Created
Classification
Origin
09BAGHDAD199
2009-01-26 18:24:00
SECRET
Embassy Baghdad
Cable title:  

SUCCESSFUL TRANSFER OF GTMO DETAINEES TO IRAQ;

Tags:  PREL PTER PGOV PHUM PINR KDRG IZ US 
pdf how-to read a cable
VZCZCXRO5331
PP RUEHBC RUEHDE RUEHIHL RUEHKUK
DE RUEHGB #0199/01 0261824
ZNY SSSSS ZZH
P 261824Z JAN 09
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 1407
INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY
RUEHBUL/AMEMBASSY KABUL PRIORITY 0073
RUEHTU/AMEMBASSY TUNIS PRIORITY 0028
RHMFISS/HQ USCENTCOM MACDILL AFB FL PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
S E C R E T SECTION 01 OF 02 BAGHDAD 000199 

SIPDIS

STATE FOR S/WCI, NEA/I, NEA/PM, NEA-I/PM, DRL

E.O. 12958: DECL: 01/25/2019
TAGS: PREL PTER PGOV PHUM PINR KDRG IZ US
SUBJECT: SUCCESSFUL TRANSFER OF GTMO DETAINEES TO IRAQ;
CONTINUED DETENTION MONOTORED BY U.S. FORCES

REF: A. BAGHDAD 85

B. BAGHDAD 37

C. 08 BAGHDAD 4068

D. 08 BAGHDAD 3512

E. 08 BAGHDAD 3272

F. 07 STATE 100598

Classified By: Political-Military Minister Counselor
Michael H. Corbin for reasons 1.4 (b) and (d)

S E C R E T SECTION 01 OF 02 BAGHDAD 000199

SIPDIS

STATE FOR S/WCI, NEA/I, NEA/PM, NEA-I/PM, DRL

E.O. 12958: DECL: 01/25/2019
TAGS: PREL PTER PGOV PHUM PINR KDRG IZ US
SUBJECT: SUCCESSFUL TRANSFER OF GTMO DETAINEES TO IRAQ;
CONTINUED DETENTION MONOTORED BY U.S. FORCES

REF: A. BAGHDAD 85

B. BAGHDAD 37

C. 08 BAGHDAD 4068

D. 08 BAGHDAD 3512

E. 08 BAGHDAD 3272

F. 07 STATE 100598

Classified By: Political-Military Minister Counselor
Michael H. Corbin for reasons 1.4 (b) and (d)


1. (S/NF) SUMMARY. After providing humane treatment and
security assurances to the USG, the Government of Iraq (GOI)
successfully took custody and control of four former
Guantanamo detainees from U.S. forces January 17. The four
are currently being detained for investigation into crimes
possibly committed against Iraqi law at the Iraqi
Counter-Terrorism Bureau (CTB) holding facility. The
Ministry of Justice has issued detention orders valid until
January 28 for investigations. According to U.S. forces, the
detainees are in good health are being given generally better
treatment than others currently in the facility. END SUMMARY.


2. (S/NF) Four Iraqi detainees from Guantanamo Bay, Cuba
(GTMO),Ali Abdul Motalib Awayd Hassan Al-Tayeea (ISN 111),
Hassan Abdul Said, (ISN 435),Arkan Muhammad Ghafil Al-Karim,
(ISN 653),and Abbas Abed Romi Al-Naely (ISN 758),were
successfully transferred to the care and custody of the GOI
January 17. Prior to transfer, the GOI had provided the USG
with humane treatment and security assurances for the
detainees (REF A). The four detainees arrived at the
Coalition Forces (CF) side of Baghdad International Airport
(BIAP) from GTMO in a U.S. Air Force C-17 at 15:15 (NOTE:
All times local Baghdad time). After a delay caused by a
jammed countermeasures flare on the aircraft, the four Iraqi
detainees were taken into custody by security forces of Task
Force-134 (TF-134) for transportation to the International
"Green" Zone (IZ) in Baghdad.


3. (S/NF) While TF-134 signed for the detainees and their
effects, an Algerian detainee remained on the C-17.
Meanwhile, an Afghan detainee was transferred into the

custody of Combined Joint Task Force-101 (CJTF-101) security
personnel from Baghram Air Base, Afghanistan, and moved to an
awaiting C-130 for onward travel to Afghanistan. The C-17
took off from BIAP at 16:51 for Algeria, while the C-130
departed for Afghanistan at 20:34.


4. (S/NF) TF-134 escorted the four Iraqi detainees to the
Prime Minister's National Operation Center (PMNOC),arriving
at approximately 18:30. Major Mohammed Khidir Mahmoud, an
MOI investigator detailed to the PMNOC, individually
confirmed the identification of the detainees based on photos
provided to the Embassy and a short interview, before moving
the blindfolded detainees one-by-one with their personal gear
and GTMO-provided bags into an Iraqi Police (IP) pick-up
truck from the armored TF-134 MRAP vehicle. Mr. Hussain
Al-Asady, Director General of the PMNOC, signed for each
detainee, their personal effects, and medicine. The IP guard
force left the PMNOC with the detainees at 18:53, enroute to
the CTB detention facility a short distance away.


5. (S/NF) After arriving at the CTB detention facility, the
CTB Chief of Itelligence signed for the detainees at
approximately 20:00. The CTB is not responsible for
interrogations of the detainees or for any trial procedures,
just detention. They were placed in pairs, in two cells.
Although the cells are intended for one person, they usually
Qhold four to five detainees due to overcrowded conditions, a
situation not unique for the CTB in Iraq.


6. (S/NF) COMMENT: The CTB detention facility is across from
the Ministry of Defense (MOD) in the IZ. It used to be an
MOD facility of the 6th Iraqi Army Division and
Multi-National Security Transition Command - Iraq (MNSTC-I)
had oversight and inspection responsibility. In June 2008,
the facility was transferred from 6th Division to the Baghdad
Brigade (BDE). The facility is run by the Baghdad BDE and
one half holds their detainees and the other half holds
detainees for the CTB. The site has a capacity of
approximately 50, but has held as many as 173 detainees. The
overall living conditions for food and water, showers,
latrines, outside access to sunlight and treatment are
actually good and better than many other Iraqi facilities.
Al-Asady said he chose this facility because of its
relatively safe and convenient location in the IZ. It is
also as likely that the facility was chosen because both the

BAGHDAD 00000199 002 OF 002


Baghdad BDE and the CTB come under the command and control of
the Prime Minister. END COMMENT.


7. (S/NF) By January 21, the former GTMO detainees were
placed in individual cells after 31 other detainees had been
either transferred or released from the facility by the CTB.
During a recent visit to the facility January 21, LTG
Helmick, Commanding General MNSTC-I, described as adequate
the conditions of the facility, but also noted that
overcrowding was still an issue, with other inmates being
placed four to a cell.


8. (S/NF) Detention orders were issued for the four detainees
by the Investigative Judge Saad Al-Lami at the Central
Criminal Court - Iraq Al-Kharkh January 22. The orders were
based on possible violations of Article IV of the
Counter-Terrorism Law (association with terrorist
organizations). The orders are valid until January 28, but
will likely be extended. The judge has directed a documented
investigation to be conducted to determine future legal
actions against the four detainees. Major Mahmoud visited
the detainees January 25 and indications are that the
investigations will not begin until at least January 29.
Transition Team members from MNSTC-I have daily access to the
facility and reported that, as of January 25, the detainees
appear healthy and not to have been abused.


9. (S/NF) COMMENT: The transfer of the four Iraq former GTMO
detainees to the care and custody of the GOI was coordinated
and executed well by all concerned parties. Full legal
measures have been used by the GOI to detain the four for
possible criminal charges. All actions thus far have been
transparent and open for inspection. We believe the GOI is
well aware that their actions are being watched and wants to
ensure all responsible parties that they will treat the
detainees humanely and in accordance with the rule of law in
Iraq, while at the same time ensuring that the transferred
detainees do not pose a threat to Iraqi or CF. It appears
that the GOI authorities are not yet sure how to move forward
with prosecution of the detainees and as such, they may
eentually be set free. While they decide, the detention of
the four at the CTB detention facility allows USG
representatives almost constant monitoring. Consistent with
the GOI's assurances of humane treatment, post will continue
to monitor the treatment of these four detainees and will
follow-up with Mr. Hussain regarding the possible transfer of
a fifth Iraqi detainee from GTMO (ISN 433, Jawad Jabber
Sadkhan).
CROCKER