ICRC DISCUSSES DETAINEES, MEK, AND OPERATIONS WITH

S E C R E T SECTION 01 OF 02 BAGHDAD 000377 SIPDIS E.O. 12958: DECL: 02/12/2029 TAGS: PHUM KREF KJUS IR IZ SUBJECT: ICRC DISCUSSES DETAINEES, MEK, AND OPERATIONS WITH AMBASSADOR AND CG REF: 08 BAGHDAD 3320 Classified By: Ambassador Ryan C. Crocker for reasons 1.4 (b) and (d). ¶1. (S) Summary: In a February 4 meeting with the Ambassador and Commanding General (CG) Multi-National Force-Iraq (MNF-I),ICRC Iraq Head of Delegation Juan-Pedro Schaerer thanked the USG for its cooperation with ICRC over the last year and hoped that the ICRC's recent report on USG arrests and operations had not harmed the strong relationship between MNF-I and ICRC. Schaerer said ICRC was concerned about how plans for USG-held detainee releases and transfers would be implemented and emphasized that detainees should be given the choice over where to be released. Regarding the Mujahedin e-Khalq (MEK),ICRC is reasonably confident that the GOI will protect the residents but does not believe its plan for closing the camp will be accomplished in the projected time frame. Schaerer reiterated plans for ICRC expansion from his last meeting with the Ambassador in October and said ICRC will soon have a permanent presence throughout the south and in contested areas. End Summary. -------------- ICRC-USG RELATIONSHIP -------------- ¶2. (C) ICRC officials, including Head of Iraq Delegation Juan-Pedro Schaerer, Protection Coordinator Laurent Saugy, and Legal Adviser Sylvie Van Lammeren, met on February 4 with the Ambassador and CG and thanked the USG for its increased cooperation with ICRC during the last year. Regarding ICRC's critical report from early January about Multi-National Corps-Iraq (MNC-I) arrests and operations, Schaerer said he would like to discuss the issues raised in the report with MNC-I commanders. Schaerer said he had heard from certain USG officials in Washington that this report had soured relations between ICRC and MNF-I, but the Ambassador and CG assured the ICRC officials that the relationship remained strong. Schaerer admitted that the report was released without proper preparation and discussion from the ICRC side with the relevant USG officials, and Saugy added that the report failed to acknowledge the improved dialogue between the parties. (Note: Saugy told Poloffs on February 5 that ICRC was very relieved that the relationship had not suffered due to the report. End Note.) -------------- ICRC CONCERNS OVER DETAINEE RELEASES -------------- ¶3. (S) ICRC said it was concerned about the process for the release and transfer of USG-held detainees under the U.S.-Iraq Security Agreement. In particular, ICRC is worried that detainees will be released in areas where they fear rearrest or violence; ICRC also disagrees with the policy of releasing detainees only at the point of capture. ICRC has evidence that people were killed or arrested after release from U.S. detention facilities. ICRC wants detainees to have a (limited) choice about where they are released. Schaerer said that currently if detainees fear violent reprisals, their release is delayed. He stressed, however, that this is not a solution. Schaerer suggested that Task Force 134, which is in charge of detention facilities, be proactive about ensuring detainees are released in a safe and secure area by giving each detainee who will be released the excellent questionnaire that allows him an opportunity to express fears regarding his anticipated point of release and gives him the chance to request an alternate point of release. The CG assured Schaerer that MNF-I would consider Qrelease. The CG assured Schaerer that MNF-I would consider this recommendation. ¶4. (S) Schaerer also expressed concern about released detainees being arrested by the GOI after release from U.S. facilities. The CG said MNF-I is now vetting all releases with the GOI to see if there are any outstanding warrants. This should reduce the rate of arrests after release because detainees with outstanding warrants would be transferred to the GOI, not released. The CG added that some issues are still being worked out between the U.S. and GOI, including whether to count time spent in U.S. detention against GOI sentences. Schaerer said ICRC would be willing to attend U.S.-GOI meetings on implementation of detainee release and transfer processes. --- MEK --- ¶5. (C) Regarding GOI plans for handling the Mujahedin e-Khalq (MEK) defectors/Camp Ashraf issue, Schaerer said it BAGHDAD 00000377 002 OF 002 is good that the GOI has stressed it will protect the rights of the residents. However, ICRC does not think that the GOI can accomplish its plans to close the camp in just a few months; this will require more time. Schaerer added that family visits will have positive effects on the residents and will open their minds. Schaerer said that the U.S. has no further legal obligations at Camp Ashraf, but encouraged the Embassy and MNF-I to continue to monitor developments there. The Ambassador thanked Schaerer for ICRC's attention on this matter and especially for visiting Camp Ashraf. Schaerer confirmed that the next ICRC trip to Ashraf will be on February 25. ¶6. (C) Regarding future MEK defectors, the Ambassador said that now that the EU has de-listed the MEK from its terrorist organization list, the USG will press the EU to help resettle some defectors. He added that the U.S. hopes Iran will resettle defectors as well. Schaerer said he met with Iranian Ambassador to Iraq Qomi in late December, who assured ICRC that Iran would resettle some residents or at least give them passports. -------------- ICRC PRESENCE EXPANDING -------------- ¶7. (C) Schaerer reiterated plans for ICRC expansion in 2009 from his last meeting with the Ambassador in October (reftel). ICRC, which has already a permanent presence in Najaf, Basrah, Mosul, and the KRG, will soon have a permanent presence throughout the south. In Baghdad, ICRC sends five or six officials per week from Amman to manage operations in Baghdad. Schaerer said that the priority for expansion is to establish a permanent presence in disputed areas, and the first place will be Kirkuk. ICRC is also expanding its visits to detention facilities. Teams have already been to the south, Ramadi, Baghdad, and the KRG, and they will in four weeks visit Kadhamiya Maximum Security Prison and hopefully Baghdad Central Prison (formerly Abu Ghraib) in the near future. The Ambassador encouraged ICRC visits to these facilities and thanked ICRC for its humanitarian support. Schaerer said ICRC is currently monitoring its humanitarian programs, like its food program, and may continue its food program if necessary. CROCKER