IRAQ PROVIDES ADDITIONAL ASSURANCE TO ALLOW ACCESS

S E C R E T SECTION 01 OF 02 BAGHDAD 000085 SIPDIS STATE FOR S/WCI, NEA/I, NEA/PM, NEA-I/PM, DRL E.O. 12958: DECL: 01/12/2019 TAGS: PREL PTER PGOV PHUM PINR KDRG IZ US SUBJECT: IRAQ PROVIDES ADDITIONAL ASSURANCE TO ALLOW ACCESS TO GUANTANAMO DETAINEES REF: A. BAGHDAD 37 ¶B. 08 BAGHDAD 4068 ¶C. 08 BAGHDAD 3512 ¶D. 08 BAGHDAD 3272 ¶E. 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 January 7 (REF A). Mr. Hussain Al-Asady, Director of the Prime Minister's National Operation Center, who had signed the assurances with authority from and on behalf of the Prime Minister, provided an additional assurance January 8 allowing USG access to the detainees while in GOI custody upon request of the Embassy. ¶2. (S) In order not to inadvertently circumvent the U.S./GOI Security Agreement regarding the entry and exit of personnel, PolMilOff explained the detainee movement plan to Al-Asady January 12 - that the four Iraqi detainees would deplane at the Coalition Forces side of Baghdad International Airport (BIAP) for transport to the International "Green" Zone; that one Algerian detainee would remain on the aircraft for continued transport to Algeria; and that one Afghani detainee would change planes for transport to Afghanistan. PolMilOff noted that all six detainees would remain in USG positive control at all times and, with the exception of the four Iraqis, the detainees would not leave the BIAP area. Al-Asady said that he had reviewed the Security Agreement and reiterated that as long as the detainees remain in USG custody and do not leave BIAP, transiting the Afghani and Algeria via Iraq would not be in violation of Iraqi law nor in violation of the Security Agreement. In response to PolMilOff's remark that the detainees should be at BIAP for less than an hour, Al-Asady said, "Should there be any problems, contact me. I'm here to support." Al-Asadi was informed January 13 that the transfer might slip from January 15 to January 16. ¶2. (SBU) Translated text of the amended assurances follows. BEGIN TEXT: Republic Of Iraq National Security Council National Operation Center No: 2C/2/16 Date: 01/08/09 -------------- 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 Q5. 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. BAGHDAD 00000085 002 OF 002 ¶6. The Iraqi side permits representatives of the U.S. Embassy access to the suspects during their detention upon official request of the Embassy. ///Signature/// Hussain Al-Asadi Director General of National Operation Center January 8, 2009 END TEXT ¶3. (S) While Al-Asady told PolMilOff that he assumed that access to the detainees while in GOI custody would be covered under point 3 (exchange of information),he agreed to specify the additional point. He also clarified that "supervision of the judiciary" in point 1 means that while investigations into criminal activity would be conducted by the Ministry of Interior, the detainees would be under the care and custody of the Ministry of Justice during the legal period of investigation. CROCKER