BOSNIA AGREES TO ACCEPT GUANTANAMO DETAINEE LAHMAR

S E C R E T SARAJEVO 000921

NOFORN
SIPDIS

DEPARTMENT FOR EUR (JONES),EUR/SCE (HYLAND, FOOKS),S/GC
(FRIED),S/WCI (RICCI)

E.O. 12958: DECL: 07/27/2019
TAGS: PGOV PREL PTER BA
SUBJECT: BOSNIA AGREES TO ACCEPT GUANTANAMO DETAINEE LAHMAR

REF: 2008 SARAJEVO 1873

Classified By: Ambassador Charles English for Reasons 1.4 (b) and (d)


1. (S) We received a diplomatic note from the Bosnian
Foreign Ministry informing us that Bosnia has agreed to
accept the transfer of former Guantanamo detainee Sabir
Lahmar and deal with him in accordance with the Bosnian Law
on Foreigners and Asylum. In practice, this will mean that
Lahmar will be detained upon arrival in Bosnia and legal
procedures will likely be undertaken to deport him to
Algeria.


2. (S) After receiving the dipnote, the Defense Attache,
Legal Attache and Deputy Political Counselor met on July 28
with Deputy Minister of Security Mijo Kresic. He said that
he would meet the same day with Vinko Dumancic, the Director
of the Border Police, Dragan Mektic, the Director of the
Foreigners Affairs Service, Mirko Lujic, Director of the
State Investigation and Protection Agency (SIPA),and Dragan
Lukac, the head of the Criminal Investigation Divison of
SIPA. According to Kresic, they would be instructed to
develop an operational plan for transferring Lahmar to Bosnia
as soon as possible. Kresic said Lukac will be the Embassy's
chief point of contact for organizing the transfer.


3. (S) On July 29 the Defense Attache, Legal Attache and
Deputy Political Counselor met with Lukac and Mektic to
discuss the transfer. The Defense Attache told Lukac and
Mektic we are confident the transfer of Lahmar will proceed
as smoothly as the transfer of three former detainees to
Bosnia last December (reftel). However, the Defense Attache
noted that Lahmar is not a citizen of Bosnia, which would
mean his case would likely be handled differently by Bosnian
authorities once they took custody. He added that it might
be more difficult to keep the impending transfer from being
publicized in the international press than was the case in
the previous transfer.


4. (S) Lukac said that his team has already developed an
operational plan for the transfer similar to that used in the
transfer last December. SIPA agents will take custody of
Lahmar at the Sarajevo airport and drive him to SIPA
headquarters where he will be interviewed and officially
identified. Unlike the previous transfer, in which the
former detainees were set free after their interview at SIPA,
Lahmar will be conveyed after the interview at SIPA to the
Immigration Detention Center where he will be held until his
status is resolved. Lukac gave us a copy of the Bosnian
Government's operational plan.


5. (S) Because Lahmar is a non-citizen with a problematic
past that included convictions on criminal charges, the
Bosnian government is likely to seek to deport him to
Algeria, according to Lukac. He added that Lahmar might try
to frustrate deportation proceedings by applying for asylum
or appealing to the courts. Lukac said he is not
particularly concerned about Lahmar's case appearing in the
media before he arrives in Bosnia. He argued that public
interest in Guantanamo detainees returning to Bosnia has
declined, and added that SIPA and other Bosnian security
agencies could deal easily with any protests that might
arise. Lukac said the Bosnian's plan for Lahmar is ready,
and they are prepared take custody of him at any time, though
they would appreciate notification 48 hours in advance of the
time when Lahmar is brought into the country.


6. (S) Foreigners Affairs Agency Director Dragan Mektic said
that after SIPA agents brought Lahmar to the Immigration
Detention Center he would be carefully watched and his
movements limited until his status is resolved. Mektic noted
that he had visited Algiers several months ago to discuss
with Algerian officials the possibility of former Guantanamo
detainees with Algerian citizenship who lived previously in
Bosnia being sent to Algeria. According to Mektic, Algerian
officials did not want to discuss this issue and the meeting
ended badly.


7. (S) We told Lukac we will contact him as soon as we are
informed about the operational details of USG plans for the
transfer.


8. (S) Attached is an unofficial translation of the Bosnian
diplomatic note:

The Ministry of Foreign Affairs of Bosnia and Herzegovina
presents its compliments to the Embassy of the United States
of America in Sarajevo and regarding the Embassy's diplomatic
note no 09-00-102, dated July 15, 2009, it has the honor to
inform that the Council of Ministers of Bosnia and
Herzegovina at its ninety fifth session held on July 23,
2009, adopted the following conclusion:

--The request in the US note number 09-00-102, dated July 15,
2009, is granted and the transfer of Sabir Lahmar to Bosnia
and Herzegovina is allowed.

--The authorities of Bosnia and Herzegovina shall resolve the
status of Sabir Lahmar in accordance with the Law on Movement
and Stay of Foreigners and Asylum.

The Ministry of Foreign Affairs of Bosnia and Herzegovina
would like to use this opportunity to reiterate to the
Embassy of the United States of America the assurances of its
consideration.
ENGLISH