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. ***************************************** Visit Embassy Rabat's Classified Website; http://www.state.sgov.gov/p/nea/rabat ***************************************** Jackson