A/S FRIED INITIATES GERMAN GOVERNMENT

S E C R E T BERLIN 000514 NOFORN SIPDIS E.O. 12958: DECL: 05/05/2019 TAGS: PGOV PREL PHUM EUN GM SUBJECT: A/S FRIED INITIATES GERMAN GOVERNMENT CONSIDERATION OF RESETTLING GUANTANAMO DETAINEES REF: A. USEU 629 ¶B. PRAGUE 239 Classified By: Assistant Secretary Daniel Fried, reasons 1.4 (b) and (d ). ¶1. (S/NF) Summary: In separate meetings April 29, A/S Fried presented MFA State Secretary Silberberg and Chancellery National Security Advisor Heusgen with information on nine Uighur detainees and requested that the German government review the cases as a prelude to a formal U.S. request to resettle some or all of those individuals in Germany. Fried outlined the U.S. detainee review process and steps the USG has been taking with the EU to help provide political cover to EU member states prepared to take detainees (refs A and B). Accepting the information, Silberberg stressed that Foreign Minister Steinmeier wants to be helpful but noted that Minister of Interior Schaeuble is the key for Germany to accept detainees, and that Germany is now in an election year and that the issue would be politicized. In a meeting later in the day with A/S Fried, Heusgen echoed Silberberg's concerns that the election dynamics will create an "uphill battle" on this issue since resettling detainees is not popular in Germany. Heusgen and Silberberg also stressed that the 16 German state ministers of interior would also play a role since the federal MOI must identify ONE or more state(s) willing to resettle the detainees. Silberberg noted that access to additional information on the proposed detainees during the consideration process could prove helpful and that German intelligence services likely would approach their U.S. counterparts to this end. End summary. ¶2. (SBU) Silberberg was joined by his Chief of Staff Jens Hanefeld, Deputy Director General for International Law Wasum-Rainer, head of the EU Legal Office Grzeski, head of the Anti-Terrorism Office Wollfarth, and USA and Canada Division desk officer Boerner. A/S Fried was accompanied by State Department Attorney-Adviser Pomper, Guantanamo Issues Adviser Williams, Embassy Pol M-C Rathke, and Poloff Bernstein-Zabza (notetaker). NSA Heusgen was accompanied by Chancellery Deputy Director for Security, Arms Control, and Bilateral Relations with the U.S. and Canada Geza von Geyr. Accompanying A/S Fried to the meeting with Heusgen were Executive Director, Guantanamo Detainee Review Task Force DOJ Olsen, Pomper, and CDA Koenig. A/S Fried Presents Cases -------------- ¶3. (S/NF) A/S Fried began his meetings with Silberberg and Heusgen by highlighting the USG's intent on closing Guantanamo and noting that while the United States acknowledges that the Guantanamo detention facility is a USG creation, we will need our allies' help to close it down. He briefed Silberberg and Heusgen on the U.S. detainee review process created by the President's Executive Order of January 22 and the different categories of detainees. In presenting information on nine Uighur cases, Fried noted that those detainees have been deemed ready for resettlement. Since the detainee review process is ongoing, he added, the USG may present Germany with additional cases for consideration in the future. Fried also pointed out that countries prepared to accept detainees should have substantially the same information on those detainees as do the USG decision makers who are deciding their eligibility for transfer or release. ¶4. (C) A/S Fried also summarized his discussions with EU officials in Brussels and with Czech officials in Prague on April 27 and 28, respectively, including on prospects and timing for achieving an EU internal political position on detainee resettlement and about the possibility of a joint U.S.-EU statement or similar document. He said that although the decision to accept detainees is, in the end, a national one, some EU member states would need the political cover of an EU understanding on the matter before moving forward. Additionally, Fried informed that he had received clearance from Washington to explore a joint U.S.-EU statement to facilitate the internal EU process, but cautioned that member states could not hold the statement hostage through unrelated or overly broad linkages. Both Silberberg and Heusgen agreed that ultimately the decision to take any detainees is a national one, not an EU one. Silberberg punctuated the point by adding that German state interior ministries traditionally defend their autonomy against any EU decisions. "We want a national decision," Silberberg stressed. Silberberg noted Germany's interest, however, in working out how receiving EU member states would share information on detainees with EU and Schengen member states. Silberberg, Heusgen Point to Schaeuble, Election Politics -------------- -------------- ¶5. (S/NF) Both Silberberg and Heusgen (less convincingly) expressed their desire to be helpful on facilitating a positive decision in the German government when A/S Fried handed over the nine Uighur files, but also emphasized that the Ministry of Interior (MOI) will play a central role in that decision. Heusgen said it is critical that the USG get MOI Wolfgang Schaeuble (Christian Democratic Union - CDU) on its side on this issue. Silberberg noted his intention to speak with Heusgen on how they would approach Schaeuble internally. Silberberg asked that the USG not make public the status of resettlement discussions since media attention would complicate the matter. Fried agreed. (Note: The story leaked to the press in the next 48 hours with the leading German magazine, Der Spiegel, reporting on May 2 that, "For the first time, the United States has put forward a concrete request to Germany to admit Guantanamo detainees." Most major dailies subsequently repeated the story, obtaining reactions from politicians from various parties. The most negative statements came from CDU/CSU caucus deputy Wolfgang Bosbach, who placed responsibility for the detainees foremost on the United States. End note.) ¶6. (S/NF) Silberberg and Heusgen also emphasized that the upcoming national elections (September 27) will complicate movement on this issue since detainee resettlement is unpopular in Germany. Heusgen mentioned the June European Parliament elections as a factor. Heusgen noted the tension between Foreign Minister (and chancellor candidate) Steinmeier (Social Democratic Party - SPD) and Schaeuble, who represent rival parties in the upcoming elections. Silberberg said, however, that Steinmeier and Schaeuble had agreed to do a case-by-case review of all detainees proposed for resettlement. "We are ready to examine each and every case," Silberberg said. "It will not be easy," he added, noting that not only is the Federal MOI involved, but the state MOIs will be as well since the states would have to agree to accept any detainees before they can be resettled. Silberberg said that at the November 2008 states MOI conference, it was decided not to accept any detainees (Note: We have not seen any published decisions from this conference addressing the detainee issue and the decision may not be quite so categorical. End note). Heusgen also noted the challenge of engaging with the states on this issue. What Could be Helpful... -------------- ¶7. (S/NF) A/S Fried informed Silberberg and Heusgen that the USG could arrange access to any of the proposed detainees if the German government would want to interview them. He also noted that intelligence channels could be used for further discussion. Silberberg said that he anticipated German intelligence would work with U.S. counterparts to obtain further information if needed. He said he did not know what the timeframe would be, but he did comment that it would "take some time" to come back to the USG with an answer. ¶8. (S/NF) Silberberg asked about the current conditions for the nine detainees and whether they had access to psychological assistance. A/S Fried noted that he had visited the Guantanamo facility and that it was a very professionally run facility and that HEALTH services are provided. In response to Silberberg's query, Fried said that Germany could send its own experts to interview the detainees and speak with facility staff, including HEALTH professionals. ¶9. (S/NF) Both Silberberg and Heusgen emphasized that U.S. willingness to take some Uighur or other detainees would greatly ease the otherwise difficult politics in Germany about accepting detainees at all. Comment -------------- ¶10. (S/NF) The meetings initiated official German government consideration of specific detainee cases for possible resettlement in Germany. It is clear from the conversations that the focus of the discussion will have to move to the MOI, perhaps with offers for initial intelligence-sharing on proposed cases. Despite the Chancellery and MFA's intention to maintain confidentiality about their meeting with A/S Fried, because of the highly politicized climate in Germany, the story was leaked within 48 hours of the meetings. Managing this highly controversial issue in this politically charged climate will require discretion and sensitivity to the political considerations of each key player. ¶11. (U) This cable was cleared by A/S Dan Fried. Koenig