GUANTANAMO: EU PREPARES DECISIONS, HAS QUESTIONS

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 000159 SIPDIS STATE FOR S/WCI, L/LEI, EUR/ERA, INL/PC, S/CT JUSTICE FOR CRIMINAL DIVISION, OFFICE OF INTERNATIONAL AFFAIRS E.O. 12958: DECL: 02/03/2019 TAGS: PREL PTER KAWK KISL EUN SUBJECT: GUANTANAMO: EU PREPARES DECISIONS, HAS QUESTIONS REF: A. BRUSSELS 120 ¶B. USEU-TODAY 3 FEB 2009 ¶C. BRUSSELS 142 Classified By: POL M-C Chris Davis for reasons 1.4 b. and d. ¶1. (U) This is an action request. See paragraphs 2 and 4. ¶2. (C) POL M-C met February 3 with an EU Council Americas Directorate staff member Christiane Hoehn at her request. Hoehn asked a dozen specific questions related to our ongoing discussions with the EU concerning the release of Guantanamo detainees, especially our January 27 meeting with EU Counter-terrorism Coordinator Gilles De Kerchove (REF A), which she attended. We believe that Department comments on as many of these questions as possible would greatly enhance the content and quality of our dialogue. According to Hoehn, such responses would be used by the Council Secretariat and European Commission, which is drafting a memorandum for Member States considering EU and bilateral options for accepting detainees (REF B). The drafters hope to anticipate and accommodate Member States' concerns, particularly regarding the common European security/free movement space provided by Schngen and Dublin agreements. EU Secretary General and High Representative Javier Solana alerted Charg on January 29 that such a memorandum would be in the works (REF C). ¶3. (C) USEU will pass along to the Council Secretariat answers to the questions below as they are provided to us by the Department. Classified information can be passed via our classified information sharing agreement with the EU. Since the EU memorandum is being drafted now, timely answers to a few questions are likely to be more helpful than answers to all questions later. ¶4. (SBU) Questions needing answers from the Department are the following, with PRIORITY questions so indicated: ¶A. What is the mandate and timeline of the USG inter-agency process reviewing Guantanamo detainees? ¶B. PRIORITY: Approximately when will detainees fully vetted by the inter-agency review process be announced? ¶C. Is the status of unlawful enemy combatant being retained? ¶D. What categories will be used to describe the detainees? ¶E. PRIORITY: Please explain the difference between "cleared for transfer" and "cleared for release." Will there be conditions attached to either of the "cleared" categories, such as surveillance? ¶F. How will the determination be made that a detainee is "safe" for release? ¶G. PRIORITY: Will it be possible for receiving Member States to see classified evidence on detainees they contemplate accepting? ¶H. Will a detainee's preferences for destination be taken into account? Otherwise put, will detainees be steered toward a European country over their objections to such a destination? ¶I. Will the USG provide financial support to a receiving Member State to sustain a detainee, or ex-detainee, and his family? ¶J. PRIORITY: How can the EU help the USG settle detainees in third countries? ¶K. What has been the problem preventing sending released/transferred Yemeni detainees to Yemen? ¶L. PRIORITY: How many ex-detainees have returned to the fight? What criteria are used to determine that they have? (NOTE: The European Parliament votes February 4 on a joint resolution on Guantanamo, which has language stating that USG authorities allege that 61 former detainees have been involved in terrorism since their release from Guantanamo. END NOTE) ¶M. PRIORITY: Will the U.S. itself take any of the detainees? If not, why not? Where does the USG appeal of the BRUSSELS 00000159 002 OF 002 court-ordered release of the Uighurs stand? ¶N. Is simply moving the Guantanamo detention center to a location in the U.S. an option? MURRAY .