INFORMING THE GOT OF THE TRANSFER OF TUNISIAN DETAINEES FROM

S E C R E T STATE 119647

SIPDIS

E.O. 12958: DECL: 11/19/19
TAGS: PGOV PREL KDRG PHUM IT TS
SUBJECT: INFORMING THE GOT OF THE TRANSFER OF TUNISIAN DETAINEES FROM
GUANTANAMO TO ITALY

REF: A) TUNIS 750, B)STATE 67097, C) TUNIS 407

Classified by S/GC Deputy Anthony P. Ricci. Reasons: 1.4 (b) & (d).

1.(U) This is an action request. Please see para 3.

2.(S/NF) The recent conclusion of an arrangement with the Government
of Italy regarding the requirements for the transfer of Tunisian
nationals Adil Mabrouk bin Hamida (148) and Riyad Nasir Mohamed
Ataher (510) to the custody of the GOI paves the way for their
transfer to Italy. The transfer is scheduled to take place in the
evening on November 30. We expect that Hamida and Atahar will face
prosecution for crimes they committed in Italy during their residence
there prior to September 2001.

3.(C) ACTION REQUEST: In light of the interest expressed by the GOT
to receive their nationals for prosecution (reftels),Department
requests Post notify the GOT of the transfer of Hamida and Atahar at
the time of their arrival in Italy or soon after (exact timing of the
arrival will be transmitted as we approach November 30). Post may
draw from the language provided below for use in whatever approach to
the GOT that Post deems the most appropriate. The points include the
Department response to two diplomatic notes sent by the Tunisian
Embassy to the Department requesting the return of Tunisian nationals
Hichem ben Ali ben Amor Selliti and Adel ben Ahmed ben Brahim Hakimi
to Tunisia for the purpose of enforcement of three criminal judgments
related to terrorism activities.

(Begin points)

--Adil Mabrouk bin Hamida and Riyad Nasir Mohamed Atahar were
transferred from Guantanamo Bay Detention Facility to the custody of
the Government of Italy on November 30. They will likely face
prosecution for crimes committed when they resided in Italy prior to
September 2001.

--The United States would like to acknowledge receipt of diplomatic
notes number 330 and 331 dated September 14, 2009 received from the
Embassy of Tunisia in Washington requesting the return to Tunisia of
Hichem ben Ali ben Amor Selliti and Adel ben Ahmed ben Brahim Hakimi
for the purpose of enforcement of three criminal judgments related to
terrorism activities.

(End points)
CLINTON