S/GC AMBASSADOR FRIED DISCUSSES GUANTANAMO IN

C O N F I D E N T I A L SECTION 01 OF 02 LISBON 000330

SIPDIS

STATE FOR S/GC, EUR

E.O. 12958: DECL: 06/22/2019
TAGS: PGOV PTER PREL PO
SUBJECT: S/GC AMBASSADOR FRIED DISCUSSES GUANTANAMO IN
PORTUGAL

Classified By: POL/ECON COUNSELOR RICHARD REITER, FOR 1.4B, D.


1. (C) SUMMARY. Ambassador Daniel Fried met on June 19 with
Portuguese MFA Political Director Nuno Brito to discuss
Portugal's willingness to accept detainees from Guantanamo
detention center. Portugal will accept "up to three"
detainees, Brito said, to be selected from among four
individuals whose files the MFA has already received plus
four others whose files the MFA would like to review.
Portugal will seek USG guarantees that none of the detainees
it accepts for resettlement flew into or over Portugal on the
way to Guantanamo. Brito agreed to the suggestion that
follow-up questions and requests be handled via regular
intelligence channels. Portuguese officials are now
reviewing their legal regime to find a way to allow the GOP
to monitor the individuals and limit their options for travel
abroad. Ambassador Fried stated that the GOP would be able
to interview candidates for resettlement, and that the US
would work with Portugal to resolve modalities for the actual
transfer. When all details have been resolved, an exchange
of diplomatic notes will confirm the agreement. END SUMMARY.

PORTUGAL COMMITTED TO THREE DETAINEES
--------------

2. (C) Ambassador Daniel Fried (S/GC),joined by DCM and P/E
Counselor, met in Lisbon on June 19 with Portuguese MFA
Political Director Nuno Brito, who was joined by MFA Deputy
PolDir Rui Maciera. Brito noted that Portuguese FM Amado had
been persuasive within the Portuguese government and at the
EU on the need to support US efforts, and Portugal is firmly
committed to accepting "up to three" detainees. He asked
that this information be kept confidential at this point, so
that FM Amado can announce it publicly when internal GOP
deliberations are completed. Brito added that an Annex to
the conclusions from the June 19 European Council summit
reaffirmed the US/EU statement that was concluded at the June
15 GAERC.

ISSUE OF CIA FLIGHTS
--------------

3. (C) Brito also commented on the issue of alleged CIA
rendition flights/detainee transfers over Portuguese airspace
and/or through Lajes airbase in the Azores, saying this has
been a big topic in the Portuguese press, and the Portuguese
Prosecutor General last week decided, for lack of evidence,
to close an investigation initiated two years ago. Portugal
will seek guarantees from the USG that any detainee slated
for resettlement in Portugal did not stop in or fly over
Portuguese air space on the way to Guantanamo. The legal
question, said Deputy PolDir Rui Maciera, is that it is
unlawful to transport a person through Portugal without the
individual's consent or a judicial order, so the GOP is
afraid of lawsuits should such a detainee be resettled here.

CHANNELS FOR FOLLOW-UP QUESTIONS
--------------

4. (C) Ambassador Fried noted that bio files on five
detainees were passed to Portugal this week and suggested
that if the GOP has follow up questions, they should be
transmitted through intelligence channels. Brito agreed and
said that further, quiet discussions would be held not only
with the U.S., but also with other EU members even prior to
the formal notifications that must take place as part of
their Schengen obligations, as well as with countries of the
individual detainees' nationalities. Maciera noted that
Portugal would need U.S. approval to share information with
other receiving countries and countries where detainees may
have previously resided, specifically citing Italy and
Germany. Fried asked that this request be made through
intelligence channels and undertook to respond to all
queries. Maciera said that the first such query might be
sent the week of June 22.

SPECIFIC DETAINEES
--------------

5. (C) Commenting on the five files already passed to
Portugal, Brito stated that detainee Ourgy (TS-502) is
not/not acceptable to Portugal. However, Portugal would like
to receive files on four Syrians said to be at Guantanamo by
Amnesty International, who reports that they want to relocate
to Portugal; and Brito undertook to provide the names to
Fried. Thus, Brito calculated, Portugal's review will
encompass eight detainees: the three Tunisians (excluding
Ourgy) and one Yemeni already passed this week, plus the four

LISBON 00000330 002 OF 002


Syrians.

POST-RESETTLEMENT MEASURES
--------------

6. (C) Saying "we accept the obligation of monitoring them",
Brito said the GOP is now reviewing the legal implications of
monitoring the detainees and will be developing new
mechanisms to limit their travel. Maciera added that "we
anticipate our legal framework will change even after they
are in Portugal", but confirmed that the individuals would
have the right to live and work in Portugal. Maciera said
that during internal GOP discussions, the Portuguese domestic
services had noted that the Tunisians had been radicalized
while living in Europe and expressed concern that they may
still have contacts with extremist networks. Brito flatly
stated that the GOP will not/not be seeking financial
assistance from the US but asked if the US will provide a
stipend to the detainees, possibly channeled through ICRC.
Ambassador Fried responded that the USG does have modest
funds to reimburse some expenses, and he undertook to review
this request.


7. (C) Maciera commented that Portugal resettled one of the
Palestinians from the 2002 Church of the Nativity siege, and
the GOP continues to monitor him. He has been working at the
Palestinian mission in Lisbon and receiving a stipend from
the ICRC, augmented by a GOP stipend, and is now thoroughly
at home and has not sought to travel abroad.

DETAILS OF TRANSFER
--------------

8. (C) Ambassador Fried said the GOP would be able interview
detainees in Guantanamo, and Brito said that a Portuguese
team of domestic security and border officials would accept
this offer. Brito added that the GOP would endeavor to
narrow its list of candidates as much as possible before
conducting the interviews, to avoid undue press speculation
and raising expectations among detainees. Regarding the
actual transfers, Ambassador Fried said they can be carried
out with either US or Portuguese aircraft, and asked for
Portuguese views on modalities. Fried stated that once all
details are resolved, the US and Portugal would seal the deal
via an exchange of diplomatic notes. Ambassador Fried passed
to Ambassador Brito a letter of support for the resettlement
process from UNHCR.

COMMENT
--------------

9. (C) The Portuguese commitment to resettle up to three
detainees is serious, and ForMin Amado confirmed it publicly
in press remarks on June 21. Brito is focused on details and
modalities, and gaming out the best way to make the deal
palatable to the Portuguese public during an election season.

This cable was cleared by Ambassador Fried.


For more reporting from Embassy Lisbon and information about Portugal,
please see our Intelink site:

http://www.intelink.sgov.gov/wiki/portal:port ugal
BALLARD