BOSNIA DOES NOT ACCEPT TWO ALGERIAN GUANTANAMO

S E C R E T SARAJEVO 000250 NOFORN SIPDIS DEPARTMENT FOR S/WCI (WILLIAMSON/VIBUL-JOLLES),EUR (JONES),EUR/SCE (FOOKS/HYLAND) E.O. 12958: DECL: 02/27/2019 TAGS: PGOV PINR PREL PTER BK SUBJECT: BOSNIA DOES NOT ACCEPT TWO ALGERIAN GUANTANAMO DETAINEES REF: A. STATE 3113 ¶B. SARAJEVO 208 Classified By: DCM Judith Cefkin for Reasons 1.4 (b) and (d) ¶1. (S) On February 27 the Ministry of Foreign Affairs sent us a second dipnote in response to our request (reftel A) that Bosnia accept two Algerian nationals who lived in Bosnia before being detained in Guantanamo (Lakhdar Boumediene and Sabir Lahmar Manfud). This second dipnote was in response to our request that the Bosnian Government clarify the initial dipnote response they gave us on January 22 (Reftel B). The second dipnote clearly states that Bosnia is not willing to accept the two detainees. 2: (S) The text of the dipnote follows: Ministry of Foreign Affairs of Bosnia and Herzegovina presents its compliments to the Embassy of the United States in Sarajevo and in relation to the Embassy's Diplomatic Note no. 09-00-03 dated January 13, 2009, and the Ministry's Note dated January 22, 2009, has the honor to offer the following explanation. The Council of Ministers of Bosnia and Herzegovina has supported the proposals of the Working Group for the Implementation of the Council of Ministers' Conclusions in relation to the "Algerian Group", which has proposed that --Sabar Lahmor, son of Mehvud and Ahill, born on May 22, 1969 in Constantine, Republic of Algeria, and --Boumediane Lakhader, son of Kad, born on April 27, 1966 in Ayunsultan, Republic of Algeria do not be transferred to Bosnia and Herzegovina for the following reasons: --The aforementioned individuals are not the citizens of Bosnia and Herzegovina; they are the citizens of the Republic of Algeria, and in accordance with our laws, belong to the category of "foreigners." --There are serious legal, security, status and other obstacles to their potential "transfer" to Bosnia and Herzegovina; --The solution of any status of theirs as foreigners in Bosnia and Herzegovina, on the basis of the legal regulations of BiH, would result in their transportation from BiH to Republic of Algeria, as the country of their birth. Ministry of Foreign Affairs of Bosnia and Herzegovina avails itself of this opportunity to renew to the Embassy of the United States in Bosnia and Herzegovina the assurances of its highest consideration. Sarajevo, February 26, 2009 ENGLISH