FRANCE SEEKING COORDINATED EU POSITION AS

C O N F I D E N T I A L SECTION 01 OF 02 PARIS 000119

NOFORN
SIPDIS

STATE FOR S/WCI, EUR/ERA
NSC FOR KVIEN

E.O. 12958: DECL: 01/26/2019
TAGS: PREL KAWK KISL KPAO MOPS PGOV PHUM PTER FR
SUBJECT: FRANCE SEEKING COORDINATED EU POSITION AS
PREREQUISITE TO ACCEPTANCE OF GUANTANAMO DETAINEES ON A
"CASE BY CASE" BASIS

REF: A. SECSTATE 6516

B. BRUSSELS 79

Classified By: Political Counselor Andrew R. Young for reasons 1.4 (B &
D).


1. (C/NF) Summary: In response to President Obama's January
22 Executive Order to close detention facilities at
Guantanamo Bay Naval Base (ref a),the French have publicly
given their support to at least review the idea of accepting
detainees deemed not to be a security risk. Foreign Minister
Bernard Kouchner said on January 20 and again on January 26
that France "would consider positively" requests from
Washington to accept detainees from Guantanamo who wish to
come to France, on a "case-by-case basis, with a specific and
careful assessment of legal implications and security risks."
Philippe Errera, Advisor to Foreign Minister Kouchner, and
French Foreign Ministry DAS-equivalent for security issues
Martin Juillard said France prefers to have a coordinated EU
position before moving forward on the issue. Errera said the
goal is to bring the discussion to a political level, perhaps
headed by EU Counterterrorism Coordinator Gilles de Kerchove,
in an effort to give broad political and legal cover to those
states wishing to accept detainees. Juillard said it is
unlikely the EU will provide a plan or a framework for
accepting detainees unless the USG makes an official request
to the EU presidency, now led by the Czech Republic. While
the French are eager to improve relations with the U.S. on
counter-terrorism, Juillard said the GOF wants two conditions
met: first, the U.S. must agree to resettle some of these
same low-risk detainees in the U.S., and; second, any
detainee being considered for resettlement in France must
express an explicit desire to be resettled in France.
Julliard noted a final decision on the matter would
ultimately rest with President Sarkozy. End Summary.


2. (SBU) Pol MC met with Philippe Errera, Strategic Affairs
Advisor to FM Kouchner, on January 26. Poloffs met with
French MFA DAS-equivalent for security issues Martin Juillard
on January 27. MFA security directorate officers
Jean-Mathieu Bonnel and Caroline Monvoisin, as well as North
America desk officer Bruno Asseray joined Juillard.


Common EU Position Sought That Would Permit Decisions by
Individual Member States
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-- -- -- -- -- --- -


3. (C/NF) In response to President Obama's January 22
Executive Order to close detention facilities at Guantanamo
Bay Naval Base (ref a),the French have publicly given their
support to at least review the idea of accepting detainees
deemed not to be a security risk. Foreign Minister Bernard
Kouchner said on January 20 and again on January 26 that
France "would consider positively" requests from Washington
to accept detainees from Guantanamo who wish to come to
France, on a "case-by-case basis, with a specific and careful
assessment of legal implications and security risks."
Philippe Errera, Advisor to Foreign Minister Kouchner, and
Foreign Affairs DAS-equivalent for security issues Martin
Juillard said France is working to obtain a common EU
position on Guantanamo, although decisions about accepting
detainees would remain with the individual member states.
Errera said the goal is to bring the discussion to a
political level, perhaps headed by EU Counterterrorism
Coordinator Gilles de Kerchove, in an effort to give broad
political and legal cover to those states wishing to accept
detainees. Errera noted that this was also necessary on a
practical level because members of the Schengen group of
countries must coordinate any such decision inasmuch as any
individual within their borders would be able to travel
freely to all of the other participating states. Errera said
that FM Kouchner was "more forward-leaning" on this issue,
but that they had been surprised by the harsh public reaction
across Europe to the idea of accepting "terrorists" on their
soil. Paris believes that a common EU position would provide
a broad framework for individual country action, just as it
did in an earlier case involving the relocation of
Palestinian fighters who had taken over the Church of the
Nativity in Bethlehem.


4. (C/NF) Furthering Errera's point from January 26,
Juillard noted that while the French believe it is necessary

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to have a common EU clearing house to accept detainees, they
do not want to create a large bureaucracy that will prevent
flexibility in the process. Poloffs emphasized that
flexibility was a key factor and hoped France and the EU
would not support a process that would prevent interested
countries from taking detainees. Juillard said it is
unlikely that France would make a final determination on
their ability to accept detainees without some type of
process in place at the EU level. He also noted it is
unlikely the EU would provide a plan or a framework for
accepting detainees unless the USG makes an official request
to the EU presidency, now led by the Czech Republic.


EU Acceptance Conditional
--------------


5. (C/NF) While the French are open to the idea of accepting
those detainees who, according to U.S. authorities, do not
pose a security risk, the French believe it is necessary for
two requirements to be met: first, the U.S. must agree to
resettle some of these same low-risk detainees in the U.S.,
and; second, any detainee being considered for resettlement
in France must express an explicit desire to be resettled in
France. Julliard noted that a final decision on the matter
rests at the presidential level with the advice of the
Ministers of Foreign affairs and the interior.


No EU States Opposed, But Still No Consensus
--------------


6. (C/NF) Juillard said there were no indications that EU
members were blocking the idea of taking former detainees.
However, some countries have stated flatly they would not be
taking any Guantanamo detainees.


Desire to Improve Franco-American Relations
--------------


7. (C/NF) Juillard noted on three separate occasions that
part of France's calculation on the detainee issue is how
they can support the Obama Administration in a hope of
improving Franco-American relations. He continued that the
Franco-American counter-terrorism relationship was so far
good, but there was vast room for improvement and he hoped we
would work more closely in the coming months. Juillard was
quick to point out that at the end of their EU presidency in
December of last year, the French put forth the idea that the
EU should be considering the detainee issue which finally
took place on January 26.


PEKALA