MOROCCO AGAIN SEEKS TO TAKE BACK GITMO DETAINEES

S E C R E T RABAT 000125

NOFORN

STATE FOR L, S/CT - SHORE, NEA, DRL/NESCA AND NEA/MAG
DOJ FOR NATIONAL SECURITY BRANCH - JOHN EISENBERG
JOINT STAFF FOR COLONEL MIKE FRANKEL (J3)
OSD PLS PASS TO OFFICE OF DETAINEE AFFAIRS
STATE PLS PASS TO NCTC

E.O. 12958: DECL: 02/10/2029
TAGS: PTER PHUM ASEC KCRM MO
SUBJECT: MOROCCO AGAIN SEEKS TO TAKE BACK GITMO DETAINEES

REF: A. 08 RABAT 01005

B. 08 RABAT 00370

C. 08 RABAT 00850

Classified By: Charge Robert P. Jackson for reasons 1.4 (b) and (d).


1. (S/NF) Summary and Action Request: The President's order
to close the detention center at Guantanamo Bay, Cuba (GITMO)
has received significant and positive attention from both the
Moroccan public and Government. Our chief MFA point of
contact on the issue recently asked about the status of the
two remaining Moroccan nationals in GITMO and if/when the
U.S. could release them to Moroccan custody. The Government
of Morocco (GOM) initiated prosecutions against all of the 11
previous GITMO returnees and convicted four of these 11.
(Note: The others were released mainly because of
insufficient evidence. End note.) Morocco has hitherto
ensured both due process of law and humane treatment for all
of its GITMO returnees. Our POC said the GOM is ready to
receive and prosecute the two individuals now but would
welcome any usable evidence. Per Ref A, we suggest
Washington consider proceeding now with a formal request to
the GOM to accept transfer of the two detainees. End summary.


2. (S/NF) Embassy's chief counterterrorism contact at the
Ministry of Foreign Affairs (MFA),the Office of the
Secretary General's Karim Halim, contacted the Embassy to
discuss the two remaining Moroccan nationals being held in
GITMO: Younous Chekkouri and Abdellatif Nasr. Halim said
that Morocco is prepared to accept and prosecute the two
individuals under Moroccan law. "We want them," he said.
"We want to legally judge them, exploit their knowledge of
other terrorists, and satisfy requests from foreign and
domestic NGOs lobbying the MFA for their return." On the
last point, Halim said that one British NGO, in particular,
whose name he did not provide, was making weekly, if not
daily, appeals to MFA for the repatriation of the two
detainees to Morocco.


3. (S/NF) Halim said that President Obama's recent order to
close GITMO generated renewed discussions within the MFA on
this issue and a desire to reengage with the U.S. on the
possibility of returning the individuals to Morocco. (Note:
Last October, in response to a U.S. request, the GOM provided
detailed information, via a diplomatic note (Ref A) to the
Embassy, on the backgrounds of these two individuals and
expressed its strong interest in seeing them turned over.
End note.) At the very least, the GOM would like an update
from the USG on their status, according to Halim, and would
appreciate any information that a court could use from the
investigation of their cases.


4. (S/NF) Morocco's robust and long standing security
relationship with the U.S. extends into the realm of
accepting detainees/returnees from GITMO. Morocco has a
consistent record of prosecuting returnees, having prosecuted
all 11 of those detainees returned from GITMO to date. Four
of the 11 were convicted, and seven were released mainly
because of insufficient evidence. In November 2006, three
former GITMO detainees were convicted and given prison
sentences of three to five years for crimes ranging from
creating a criminal gang to falsifying documents, according
to information provided to our LEGAT by the Moroccan Ministry
of Justice (Ref B). In mid-November 2008, the most recent
case, a Moroccan appeals court sentenced former GITMO
detainee Said Boujaidia to ten years in prison on charges of
conspiracy, sabotage, and financing and participating in a
criminal gang, according to the press. In the cases where
former detainees were released from Moroccan custody, the GOM
has done a good job of keeping tabs on these individuals and
preventing them from leaving the country, according to
concerned Embassy officials. Two of the seven released GITMO
returnees subsequently committed terrorism-related crimes in
Morocco for which they are currently incarcerated. In sum,
six of the eleven returnees are currently incarcerated in
Morocco for terrorism-related crimes.


5. (S/NF) In a visit last September, State Department Legal
Advisor John Bellinger received renewed assurances from
Moroccan external intelligence chief (and de facto National
Security Advisor) Mohammed Yasinne Mansouri of Morocco's
commitment to due process under its laws and to humane
treatment of returned detainees (Ref C). Mansouri's
statements echo previous assurances from Moroccan Ministry of
Justice and Ministry of Foreign Affairs officials (Ref B).


6. (S/NF) Comment: Embassy Rabat believes that if the
individuals are turned over to the Moroccan authorities, the
GOM would prosecute these individuals to the full extent of
Moroccan law while ensuring humane treatment. Judging from
previously provided information (Ref A),the Moroccans appear
to have sufficient derogatory information on both individuals
to initiate criminal cases against each. Based on Morocco's
verbal request, Embassy Rabat again recommends that the
Department submit a formal request to the GOM to accept
transfer of the two detainees, as has been the practice in
the past. Within such a request, the Department could ask
the GOM for its evaluation of the strength of any potential
criminal case that it might bring against the individuals.


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Jackson