IRAQ PROVIDES WRITTEN ASSURANCES FOR ACCEPTANCE OF

S E C R E T BAGHDAD 000037 SIPDIS STATE FOR S/WCI, NEA/I, NEA/PM, NEA-I/PM, DRL E.O. 12958: DECL: 01/06/2019 TAGS: PREL PTER PGOV PHUM PINR KDRG IZ US SUBJECT: IRAQ PROVIDES WRITTEN ASSURANCES FOR ACCEPTANCE OF GUANTANAMO DETAINEES REF: A. 08 BAGHDAD 4068 ¶B. 08 BAGHDAD 3512 ¶C. 08 BAGHDAD 3272 ¶D. 07 STATE 100598 Classified By: Acting Political-Military Counselor Philip S. Kosnett for reasons 1.4 (b) and (d) ¶1. (S) The Government of Iraq (GOI) provided written security and humane treatment assurances for the transfer of four Iraqi detainees from Guantanamo, Cuba (GTMO) January 7. Mr. Hussain Al-Asady, Director of the Prime Minister's National Operation Center (PMNOC),signed the assurances with authority from and on behalf of the Prime Minister. The GOI has requested that the transfer of the detainees to GOI custody and control be in the International "Green" Zone of Baghdad. ¶2. (SBU) Translated text follows. BEGIN TEXT: Republic Of Iraq National Security Council National Operation Center No: 2C/2/6 Date: 01/07/09 -------------- To: The Embassy of the United States - Iraq Subject: Receiving of the Suspects Greetings ... According to the Prime Minister's approval to receive the prisoners from the Guantanamo prison, based on the Embassy of the United States of America's request, we specify the following: ¶1. Follow all legal procedures against the suspects and detain them during an investigation, according to Iraqi law under the supervision of the judiciary, in order to prevent the suspects from engaging in any terrorist activity which threatens Iraq and the international community. ¶2. Issue order banning the suspects from traveling outside the country; confiscating their passports and informing the Iraqi official authorities of these measures. ¶3. Exchange information and investigation developments, if any, between the two parties (U.S. and Iraqi) to make an appropriate judicial decision. ¶4. The suspects will be dealt with according to Iraqi law, in accordance with the Iraqi Constitution and its international commitments under Article VII of the International Covenant on Civil and Political Rights. ¶5. The time and conditions of the transfer from the U.S. side to the Iraqi side in the International Zone (Green Zone) will be determined. ///Signature/// Hussain Al-Asadi Director General of National Operation Center January 7, 2009 END TEXT ¶3. (S) COMMENT: The letter of assurances includes most of the relative clauses requested by Post. One notable exception is a clause noting USG access to the transferred persons. If, however, as they note in their assurances, the detainees will be under the supervision of the judiciary, we have no reason to believe that U.S. representatives and international organizations would not be able to monitor their status while detained by the GOI. In any case, Post will follow-up with Al-Asady to request an addendum to the assurances that allows for USG access to the detainees while in GOI custody. CROCKER