GUANTANAMO: SPECIAL ENVOY FRIED,S MEETING WITH

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 000934

SIPDIS

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

E.O. 12958: DECL: 07/02/2019
TAGS: PTER PREL PREF BE
SUBJECT: GUANTANAMO: SPECIAL ENVOY FRIED,S MEETING WITH
BELGIAN FOREIGN MINISTER DE GUCHT

REF: A. BRUSSELS 742

B. BRUSSELS 679

C. BRUSSELS 693

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


1. (C) SUMMARY: BELGIAN FOREIGN MINISTER DE GUCHT, IN A
MEETING ON JUNE 30 WITH SPECIAL ENVOY FRIED, AGREED TO REVIEW
SEVEN GUANTANAMO DETAINEE CASES WITH &A VIEW TO FINDING
SOLUTIONS.8 FM DE GUCHT INFORMED THAT HE WOULD SEEK THE
SUPPORT OF THE BELGIAN &INNER CABINET8 THE NEXT DAY (JULY
1) TO INITIATE A PROCESS TO REVIEW AND APPROVE FOR
RESETTLEMENT AN UNSPECIFIED NUMBER OF DETAINEES. DE GUCHT
RAISED CONCERNS OVER POSSIBLE QUESTIONS FROM THE BELGIAN
PARLIAMENT ON MILITARY COMMISSIONS AND PREVENTIVE DETENTION,
AND NOTED THAT DETERMINING THE LEGAL STATUS AND TRAVEL
PROHIBITIONS FOR ANY RESETTLED DETAINEES WOULD TAKE SOME
TIME. ON THOSE LATTER ISSUES, DE GUCHT THOUGHT THAT EU
MEMBER STATES RECEIVING GUANTANAMO DETAINEES SHOULD MEET TO
CONCLUDE A STANDARD PROCEDURE. S/E FRIED REQUESTED DE GUCHT
PROVIDE AN INTERIM RESPONSE WITHIN TWO WEEKS, DISCUSSED
POINTS TO MAKE WITH THE PARLIAMENT, AND OFFERED TO SPEAK TO
THE FRENCH (WHO RECEIVED A DETAINEE IN MAY) ABOUT THEIR
EXPERIENCE WITH STATUS AND TRAVEL ISSUES, WHILE CAUTIONING
AGAINST ANY PROCESS THAT MIGHT DELAY BELGIUM OR OTHER EU
STATES IN MOVING FORWARD ON RESETTLEMENTS. END SUMMARY.


2. (C) SPECIAL ENVOY FOR GUANTANAMO CLOSURE, AMBASSADOR
DANIEL FRIED, MET ON JUNE 30 WITH BELGIAN FOREIGN MINISTER DE
GUCHT AND AN ASSEMBLED TEAM FROM THE MINISTRY OF FOREIGN
AFFAIRS, INCLUDING COUNTERTERRORISM COORDINATOR THOMAS
BAECKELANDT, CABINET CHIEF WALTER STEVENS, SPOKESMAN MARC
MICHIELSEN, AND DEPUTY DIRECTOR FOR MULTILATERAL AFFAIRS AXEL
DELVOIE. S/E FRIED, JOINED BY THE CHARGE, DESCRIBED TO DE
GUCHT THE POSITIVE COOPERATION THE EU AND SEVERAL EUROPEAN
PARTNERS ARE PROVIDING TO THE USG IN ITS OBJECTIVE TO CLOSE
THE GUANTANAMO DETENTION FACILITY. S/E FRIED THEN PASSED
FILES ON SEVEN GUANTANAMO DETAINEES AND REQUESTED THE BELGIAN
GOVERNMENT CONSIDER THEM FOR RESETTLEMENT. FRIED NOTED THAT
THE GROUP WAS VARIED IN TERMS OF BACKGROUND AND RISKS,
POINTING ALSO TO THE TWO DETAINEES WITH COURT ORDERED
RELEASES (A YEMENI AND A SYRIAN). FRIED THEN ASKED WHETHER
THE BELGIANS MIGHT CONSIDER UIGHUR DETAINEES ) SOME OF THE
LOWEST RISK INDIVIDUALS. DE GUCHT DEMURRED, CITING THE
EXPECTED CHINESE REACTION AND THEIR DIFFICULT EXPERIENCE
AFTER RECEIVING THE DALAI LAMA.


3. (C) DE GUCHT RECEIVED S/E FRIED'S REQUEST POSITIVELY,
STATING THAT BELGIUM WOULD "CAREFULLY STUDY THE FILES WITH A
VIEW TO FINDING SOLUTIONS." HE LATER ELABORATED THAT FINDING
SOLUTIONS MEANT BELGIUM WOULD LOOK TO RECEIVE SOME OF THE
DETAINEES. DE GUCHT NOTED THAT THE BELGIANS WILL LIKELY
REQUIRE MORE INFORMATION TO ASSIST THEIR REVIEW. S/E FRIED
RESPONDED THAT THE USG WOULD ANSWER SPECIFIC QUESTIONS
THROUGH INTEL LIAISON CHANNELS AND ADDITIONALLY OFFERED THAT
A BELGIAN TEAM WAS WELCOME AT GUANTANAMO TO INTERVIEW
DETAINEES IT IS CONSIDERING. DE GUCHT THEN PUT ASIDE HIS
BRIEFING SHEET AND RAISED TWO CONCERNS: (1) EXPECTED
QUESTIONS FROM THE BELGIAN PARLIAMENT; AND (2) THE BASIS FOR
PROVIDING DETAINEES WITH A LEGAL STATUS IN BELGIUM (AND
IMPOSING RESTRICTIONS ON TRAVEL).


4. (C) DE GUCHT EXPRESSED CONCERN, NOT OVER QUESTIONS
EXPECTED FROM PARLIAMENT ON THE SECURITY RISK OF THE
DETAINEES, BUT ON THE LARGER PICTURE ISSUES OF FAIR TRIALS
FOR DETAINEES THROUGH MILITARY COMMISSIONS AND A FUTURE
PREVENTIVE DETENTION SCHEME )- THE FEAR OF A "NEW
GUANTANAMO." S/E FRIED NOTED THAT THE MILITARY COMMISSIONS
ARE BEING REVISED TO PROVIDE ADDED PROTECTIONS FOR THE
ACCUSED AND FURTHER PROCEDURAL ACCOUNTABILITY. WHILE
CONCEDING THAT PREVENTIVE DETENTION IS A MESSY ISSUE, S/E
FRIED EMPHASIZED THAT ANY DECISIONS ON THAT ISSUE WOULD HOLD
TRUE TO THE RULE OF LAW AND WOULD NOT BE BASED IN ANY
INHERENT POWER OF THE PRESIDENT TO DETAIN. (COMMENT: EMBASSY
HAS SINCE PROVIDED THE MFA WITH POINTS FROM WASHINGTON ON THE
REVISION OF MILITARY COMMISSIONS AND PREVENTIVE DETENTION.)


5. (C) DE GUCHT CONCLUDED BY STATING HE EXPECTED TO PROVIDE
AN AGREEMENT-IN-PRINCIPLE FOR BELGIUM TO TAKE SOME NUMBER OF
DETAINEES BY THE END OF THE FOLLOWING WEEK. HOWEVER, HE SAID
THAT A LEGAL FRAMEWORK TO ACCORD RESETTLED DETAINEES A LEGAL
STATUS AND RESOLVE PROHIBITIONS ON THEIR TRAVEL WOULD TAKE
LONGER. DE GUCHT THOUGHT THAT THE STATUS AND TRAVEL ISSUES
COULD BE ADDRESSED TOGETHER WITH OTHER EU STATES POTENTIALLY
RECEIVING DETAINEES, SUCH AS SPAIN AND PORTUGAL. S/E FRIED
PUSHED BACK ON THE IDEA, POINTING OUT THAT IT WOULD OPEN THE
DOOR TO DELAYS AND THAT THE EU HAS ENABLED MEMBERS TO TAKE
NATIONAL DECISIONS ON THE ISSUE. NOTING THE RESETTLEMENT OF
A GUANTANAMO DETAINEE IN FRANCE ON MAY 15, S/E FRIED OFFERED
TO SPEAK WITH THE FRENCH ABOUT THEIR SOLUTIONS TO LEGAL

BRUSSELS 00000934 002 OF 002


STATUS AND TRAVEL ISSUES AND WOULD GET THIS INFORMATION BACK
TO DE GUCHT.


6. (U) S/E FRIED CLEARED THIS MESSAGE.

BUSH
.