BELGIUM: NO MORE GUANTANAMO DETAINEES FOR NOW, BUT

S E C R E T SECTION 01 OF 02 BRUSSELS 001279

SIPDIS

STATE FOR EUR/WE, EUR/RPM AND S/GC

E.O. 12958: DECL: 09/18/2019
TAGS: PTER PREL PREF BE
SUBJECT: BELGIUM: NO MORE GUANTANAMO DETAINEES FOR NOW, BUT
DOOR REMAINS SLIGHTLY OPEN

REF: A. BRUSSELS 1213

B. BRUSSELS 1261

BRUSSELS 00001279 001.2 OF 002


Classified By: Charge d'Affaires Wayne Bush for reasons 1.4 (B) and (D)
.


1. (S) Summary: At his September 17 meeting with Franciskus
Van Daele, Chief of Staff of the Belgian Foreign Minister,
the U.S. Special Envoy for Guantanamo Closure (S/GC),Daniel
Fried, thanked Van Daele for agreeing to take one Guantanamo
detainee, Al Janko, for resettlement. He said that other
countries have taken a few detainees, but that Belgium could
show leadership by taking on more. Van Daele said that
Belgium wants to focus on the successful resettlement of Al
Janko before moving forward on others. The future depends on
"dynamics," he said. Belgium wants the transfer of that
detainee to take place with as little fanfare as possible.
Fried said he would undertake to see that the transfer is
done quietly, but informed Van Daele that the basic facts of
the transfer would be shared with the U.S. Congress in a
confidential manner. He also asked for details of the GOB's
plan for integrating the detainee. The Belgians also asked
if a Belgian official could accompany the detainee on the
flight from Guantanamo. Fried agreed to pass the request on
to the Department of Defense, but noted that this was
contrary to procedures for these transfers. Fried asked
whether Belgium would object to transit of detainees destined
for release in Ireland, who would be on the flight with Al
Janko, if they were able to accommodate a flight in the
September 25 timeframe. The Belgians said that they would
ask the Ministry of Interior for its opinion on the question.
Fried mentioned the cases of two detainees who have been
convicted of crimes in absentia in Belgium. The Belgians
insisted that the cases be considered separately from other
Guantanamo detainees. They said that the MFA would check
with the Ministry of Justice to determine what could be done
under existing extradition frameworks and consistent with
Belgian law. End Summary.


2. (S) Also present at the meeting was Marc Van Den Reeck,
the MFA official charged with the technical details on this
issue. S/E Fried was joined by Ambassador Gutman, S/GC
Adviser Mike Williams, and Poloff Robert Kiene. Fried
thanked Van Daele for Belgium's recent agreement to take one
detainee, a Syrian citizen, Al Janko (ref A). He told Van
Daele that there is now a critical mass of countries that
have decided to receive detainees supported by the EU
framework enabling detainee resettlements. However, he said,
President Obama and the United States still need more help.
While countries have been taking detainees in ones, twos and
threes, Belgium could, if it wants, set a new standard and
show leadership among its European allies by taking more.
This would be a major signal of Belgium,s commitment to
helping to close the Guantanamo Bay detention facility.


3. (S) Van Daele replied that the decision to take one
detainee had not been too difficult, even though all members
of the cabinet were not in agreement. The main sticking
point was explaining why Belgium should take detainees when
the United States is not. Van Daele said that the best and
only answer he could give to that objection was that taking
the detainees was an important political gesture to support
President Obama's position domestically in the United States.
The government will now watch how the soon-to-be-transferred
detainee settles into his new home near Antwerp and how it
plays in the press. Before that time, the answer to a
request to take more detainees is "no" -- for now. However,
Van Daele has told the cabinet to expect another request.
The future, Van Daele said, is "all about dynamics." Even a
too-public thank you from the United States may draw unwanted
attention from the Belgian public and the government wants
the transfer to take place with as little fanfare as
possible. Belgium is also interested in what other European
governments do, Van Daele said.


4. (S) Fried delivered a copy of the USG's diplomatic note
setting forth agreed conditions for the transfer of Al
Janko. Van Den Reeck told Fried that the GOB was pleased
that its responsibility for monitoring Al Janko's activities
is time-limited. The GOB intends to make a strong effort to
integrate Al Janko into the community and expects that as a
practical matter the need for monitoring will decline over
time. Fried asked for further details of the integration
plan. Van Den Reeck stressed that the GOB will keep Al
Janko's identity and place of residence quiet. He was sure
that Al Janko will not like publicity, which would make
integration more difficult. Therefore, the GOB will release
to the press only the minimum it needs to know. An NGO will

BRUSSELS 00001279 002 OF 002


assist in Al Janko's resettlement and has agreed to do so in
a low profile manner. Fried acknowledged that the Belgian
plan seemed sound. He also noted that the only release the
USG would do related to informing the Congress, in a
confidential manner, of the basic facts of the transfer and
mitigation steps the GOB would take.


5. (S) Van Den Reeck asked whether a Belgian official can
accompany Al Janko to Belgium. He said that in his
experience, having an official from the receiving nation is
calming for the detainee and makes the process easier. Fried
said that DOD rules would not allow for foreign government
officials to join the transfer flight. However, he agreed to
make the request to DOD on Belgium's behalf.


6. (S) Fried said that the United States would like to route
the flight from Guantanamo first to Yemen, then to Belgium,
and then to Ireland, to allow debarkation of other detainees
for release. He asked whether Belgium would permit other
detainees to transit the country, especially in light of the
fact they are transiting to freedom, not continued detention.
Van Den Reeck said that he would refer the request to the
Ministry of Interior.


7. (S) Finally, Fried mentioned the separate case of two
Tunisian citizens, held at Guantanamo for seven years, who
have been convicted in absentia in Belgium. He said that
these detainees in fact want to be returned to Belgium,
according to their lawyers. Van Den Reeck insisted that the
cases of these two detainees must be considered separately
from all others (not as resettlements). Fried agreed. The
Tunisians must be resettled nevertheless, Fried continued,
and cannot go elsewhere in Europe when they have convictions
in Belgium with sentences that are unserved. In response to
Van den Reeck,s questioning whether this would fall under
the bilateral extradition treaty, Williams noted that it
would likely not and that a separate arrangement would have
to be put in place as was done with Italy. Van Daele replied
that the MFA would have to ask the Ministry of Justice what
the GOB could legally do given the circumstances.


8. (U) S/GC has cleared this message.

BUSH
.