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

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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
.