S/WCI OFFICIALS DISCUSS GUANTANAMO BAY DETAINEES

SS E C R E T SECTION 01 OF 02 PARIS 000381

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E.O. 12958: DECL: 03/15/2019
TAGS: PREL PGOV PTER PHUM MOPS KAWK KISL KPAO FR
SUBJECT: S/WCI OFFICIALS DISCUSS GUANTANAMO BAY DETAINEES
WITH FRENCH OFFICIALS

REF: PARIS 264

PARIS 00000381 001.3 OF 002


Classified By: Acting POL MC W. William Jordan for reasons 1.4 (B & D).


1. (S/NF) SUMMARY: France accepted four former Guantanamo Bay
(GITMO) detainees with claims to immigration status in France
in July 2004 and an additional three in March 2005. Ministry
of Interior contact Christophe Chaboud noted that, unlike
other European countries visited by Washington officials (UK
and Albania),the majority of detainees repatriated by France
are still considered a security risk and are treated as such.
With the exception of the one detainee released without
prejudice (out of seven detainees repatriated),the French
intelligence service actively monitors the others and judges
they have not ceased association with persons tied to
extremist activities. France is still working to advance the
detainee issue within the EU and is considering accepting
detainees (reftel). French MFA DAS-equivalent for security
affairs Martin Juillard and Laurent Pic of Prime Minister
Fillon's office stressed that an EU common position would be
of "clear interest" to the USG, warning that countries might
attempt to "cherry pick" detainees if a framework were not in
place. Juillard added that a common approach would also
create a more fluid process for moving detainees. France
would appreciate as much information as possible from the USG
to help push the issue within the EU and in securing French
public support. Pic noted the mid-March meetings in
Washington with EU Vice President Jacques Barrot and the
Czech minister of interior could help to resolve many of
these issues. END SUMMARY.

French Approach to Detainee Reintegration
--------------


2. (S/NF) France accepted four former detainees with claims
to immigration status in France in July 2004 and an
additional three in March 2005. In a March 10 meeting with
Ministry of Interior contacts Christophe Chaboud, Phillippe
Hanin and Francois Thuillier, and Ministry of Justice
official Philippe Tran Van, Chaboud noted that, unlike the UK
and Albania, the majority of detainees repatriated by France
are still considered a security risk and are treated as such.
Of the seven detainees originally repatriated, only Mustaq
Ali Patel was released without prejudice. Chaboud explained
that Patel was a religious fundamentalist who had been held
by the Taliban and was not deemed to be a threat. The six
other former detainees were held in custody and tried. Five
were convicted and sentenced to prison terms ranging from one
to one and half years. Chaboud explained that while all six
of the detainees were considered extremists, only five had
trained in terrorist training camps. An appeals court
overturned the conviction of the five on February 24, saying
the security services who interviewed the defendants at GITMO
did not have the legal authority to do so. Although the
court case is ongoing and it is unclear if the reversal will
stand, the French security services will continue to monitor
the former detainees regardless of the final outcome of the
legal battle. The French intelligence service explained that
they actively monitor the repatriated detainees. Philippe
Hanin said that France still considers the six former
detainees a security risk. When pressed, Hanin added that
the detainee of greatest concern is Brahim Yadel, whose
history of large wire transfers has worried investigators
(Yadel was also suspected of plotting to attack the 1998
football World Cup in France).

EU Common Position: Still in Process
--------------


3. (S/NF) French MFA DAS-equivalent for security affairs
Martin Juillard and Laurent Pic of Prime Minister Fillon's
office clarified the evolving EU approach to a common
position for accepting Guantanamo detainees. While an EU
common position has still not been established, France has
been working with EU partners since January 2009 to formulate
a position that would take into consideration security
issues, especially for Schengen countries (reftel). Pic
noted that previous EU acceptance of Palestinians from the
Church of the Nativity in Bethlehem (reftel) could serve as a
useful precedent for granting residency permits within the
Schengen system. Pic added that the discussions within the
EU are still quite difficult; the French are looking for ways
to put in place a procedure for accepting detainees while not
pressuring countries that are unwilling to resettle them.


4. (S/NF) Juillard explained that an EU common position would
be of "clear interest" to the USG to avoid "cherry picking"
by EU countries willing to accept detainees as well as
creating a more fluid process for moving detainees. That
said, Pic noted that there were some EU members --
unspecified -- still resistant to the idea of accepting
detainees. For this reason the GOF would appreciate as much

PARIS 00000381 002.2 OF 002


information as possible from the USG to help push the issue
within the EU and to secure French public support. Some of
the EU debate over a common position, Juillard said, needed
to focus on forming some procedures to create contingency
plans when a detainee's first choice of accepting country is
refused by that country. Perhaps, he suggested, the GOF, EU
and USG could work together collectively to craft a mechanism
for other EU countries to help fill the void. Juillard and
Pic noted that the idea of a clearing house (reftel) as part
of a common position was intended to provide a data-sharing
mechanism rather than as a forum for collective
decision-making, which the French believe would hinder the
decision-making process.

Increased Coordination and Additional Issues
--------------


5. (S/NF) Juillard said the GOF needed to know the status of
the USG's review process. He noted that since Prime Minister
Fillon and Foreign Minister Kouchner announced that France
would consider accepting detainees (reftel),French public
opinion has continued to sour. France realizes that the
issue will be a tough sell to the French public, so any help
the U.S. can provide to assist the GOF with selling the idea
to the French public would be greatly appreciated. Another
"sensitive" concern for the French is the possibility of
extradition of former Guantanamo Bay detainees as well as
prosecutions and detentions, Juillard said. In addition, the
French would like to have more information on reintegration
procedures so that detainees did not resume terrorist
activities. Such procedures could be legal and financial.
Before France could consider accepting detainees, the GOF
would like to interview the detainees in such a way that
would "not cause" legal problems, Juillard said. Pic said
France and the EU hope many of these issues will be resolved
during the mid-March meetings in Washington with EU Vice
President Jacques Barrot and Czech Minister of Interior
Langer.

PEKALA