SLOVENIA: NO EASY SOLUTION FOR GUANTANAMO DETAINEE

C O N F I D E N T I A L SECTION 01 OF 02 LJUBLJANA 000332 SIPDIS DEPT FOR S/GC FRIED AND WILLIAMS E.O. 12958: DECL: 10/20/2019 TAGS: PTER PREL PREF PHUM SI SUBJECT: SLOVENIA: NO EASY SOLUTION FOR GUANTANAMO DETAINEE RESETTLEMENT REF: LJUBLJANA 274 Classified By: CDA Brad Freden, E.O. 12958, reasons 1.4(b) and (d) 1.(C) Summary. A/DCM and Pol-Econ Chief met with the Ministry of Interior's (MOI) Director-General for Migration and Integration to obtain a clearer explanation of Slovenia's position on accepting Guantanamo detainees for resettlement. MOI, as the lead Slovenian agency on this issue, conducted a thorough review of domestic legislation in response to Washington's earlier request for Ljubljana to accept several detainees. Procedural barriers and/or legal restrictions will not permit Slovenia to resettle the detainees in the short term without a major change to existing legislation. The will to tackle yet another politically sensitive issue is lacking right now, as the current government is already taking a beating over its approach to resolving the Slovenia-Croatia border dispute. If the government is able to push through an agreement to resolve the border dispute in the coming weeks, we could likely get some additional traction on Guantanamo. However, success will require a strong, personal commitment by the Prime Minister. Even under the best of circumstances, it may take the prospect of a White House meeting to convince PM Pahor's government that the rewards outweigh the political risks. End summary. 2.(C) A/DCM and Pol-Econ Chief met with Ministry of Interior (MOI) Director-General for Migration and Integration Nina Gregori on October 13 to obtain a clearer explanation of Slovenia's position on accepting Guantanamo detainees for resettlement. MOI European Affairs and International Cooperation Service Head Suzana Ivanovic -- the MOI's point of contact for this issue -- and several MOI lawyers were also present. The meeting was a follow-up to informal discussions held in New York and Ljubljana. A/DCM and Pol-Econ Chief opened by stressing the importance of closing the Guantanamo camp as soon as possible and explained the need for European countries to assist with this process. DG Gregori responded by noting that the MOI was lead ministry on this issue in Ljubljana, and that the MOI conducted a thorough review of Slovenian legislation in response to Washington's earlier request to possibly resettle several Uighur detainees in Slovenia. Gregori explained that while on the political level many in the EU agreed to accept Guantanamo detainees and close the camp, the legal reality in some countries made the process very difficult if not outright impossible. 3.(C) MOI officials explained that they examined two laws as possible legal bases for resettlement. The first is Slovenia's Alien Act, which governs travel by foreigners in and out of Slovenia. Because this legislation is oriented towards normal international travelers and migrants, according to Gregori, it would not be relevant for the detainees as it does not include articles that could address their unique situation. The Alien Act does contain a clause that could theoretically permit resettlement if it were in the interest of the nation, but Gregori quickly cautioned that this clause would not apply to the detainees because they would need to fulfill basic requirements of the Alien Act such as possessing a valid passport, insurance, and funds to sustain their stay in Slovenia. 4.(C) The Law on International Protection is the second theoretical option. MOI's lawyers determined that this law would be the more appropriate mechanism for any potential detainee to be resettled in Slovenia. The problem with the Law on International Protection, however, is in the process. According to the law, applicants for asylum must file their application physically in Slovenia or at an embassy abroad. The state cannot file an application on their behalf, thus excluding the possibility that the Slovenian Government could start the process itself. A third party can file an application of intent on behalf of the asylee, but the interview for asylum must be conducted in person at a Slovenian embassy abroad, or in the case that the person is already in Slovenia, at the Ministry of Interior. The MOI lawyers noted that if an applicant were to apply at the Slovenian Embassy in Washington DC, that person would need to remain in the United States while the application was sent to Slovenia where it would be reviewed by an Asylum Commission. The process "could take years" according to one MOI lawyer, during which time the detainee would not be able to enter Slovenia. Even if the procedural barriers were overcome, there was ultimately no guarantee that the Asylum Commission would rule in favor of the asylees. LJUBLJANA 00000332 002 OF 002 5.(C) In response to follow-up questions, Gregori and Ivanovic explained that Slovenian law did not allow the government to treat the detainees as a special group nor was it possible to issue a special executive decision to allow for their resettlement. Frankly speaking, Gregori claimed resettlement was hypothetically possible, but that it would be very challenging for the government in Ljubljana to implement. If, in the end, the Asylum Commission ruled against the asylee, the situation would turn political rather than legal, a development the MOI "wanted to avoid." 6.(C) Comment. Our conversation with the Ministry of Interior revolved mostly around legal hypothethicals, all of which would be very difficult to implement due to procedural barriers. MOI's message to us was fairly clear: current law would not permit Slovenia to resettle detainees. Thus, the fact that the MOI has been given the lead on this issue does not bode well; as in many European countries, the Interior Ministry is institutionally among the least sympathetic to our arguments in favor of accepting detainees. The political will to make legislative changes -- or to work more creatively within the framework of existing law -- is also lacking, at least for the moment. With Prime Minister Pahor already taking a beating over negotiations to resolve the Slovenia-Croatia border dispute, convincing the people and parliament of this small, rather insular country to accept detainees is probably more than the political traffic can bear right now. If the border issue is resolved soon and in a manner that strengthens -- or at least does not weaken -- Pahor, we may be able to convince him to take on this cause. End Comment. FREDEN