SPECIAL ENVOY FRIED'S MEETING WITH TUNISIAN

S E C R E T STATE 067097 NOFORN, SIPDIS E.O. 12958: DECL: 06/29/19 TAGS: PGOV PHUM PREL PTER KDRG TS SUBJECT: SPECIAL ENVOY FRIED'S MEETING WITH TUNISIAN AMBASSADOR MANSOUR REF: (A) TUNIS 415, (B) TUNIS 407 Classified by: Special Envoy Dan Fried. Reasons 1.4 (b) and (d) 1.(S/NF) SUMMARY: In a June 25 meeting, Special Envoy for the Closing of the Guantanamo Bay detention Facility Daniel Fried recounted to Tunisian Ambassador Habib Mansour unfulfilled GOT humane treatment assurances and presidential offer of access to the detainees that have led to U.S. resettlement efforts in EU countries rather than Tunisia. Mansour stressed that the Tunisian adherence to its constitution and compliance with international treaties guaranteed the rights of its citizens, adding that there was no reason for human rights concerns. ¶2. (S/NF) Ambassador Fried advised Mansour that GOT pressure on EU countries to decline resettlement of Tunisian detainees would compel the U.S. to explain to them why Tunisian detainees could not return to Tunisia, thus unnecessarily escalating and publicizing the issue. Fulfillment of GOT assurances and a track record of USG access to the detainees would be a welcome step that would help to clarify the situation. Within this scenario, it might be possible to consider the return of some additional detainees. Mansour cautioned patience on both sides in order to reach a common point and noted that detainees not facing charges in Tunisia would be free to return home. Fried underscored throughout the meeting that USG access and fulfillment of GOT commitments were key. END SUMMARY. ¶3. (S/NF) Special Envoy for the Closing of the Guantanamo Bay detention Facility Daniel Fried met with Tunisian Ambassador Habib Mansour at the latter's request on June 25 to convey to the U.S. that the GOT would like all Tunisian nationals detained at Guantanamo Bay to be returned to Tunisia rather than resettled in third countries. Mansour's meeting comes on the heels of Tunisian FM Abdallah's convocation of Ambassador Godec June 18 (Ref A),and the FM meeting with the German, Italian, and Spanish ambassadors in Tunis June 22 (Ref B). -------------- Testing the Bilateral Relationship -------------- ¶4. (C) Ambassador Mansour thanked Ambassador Fried for the opportunity to meet, noting the meeting demonstrated the good relations between the two countries that have been built up over 200 years. This meeting was a chance to check if both countries had succeeded in building good relations, which were based on common choices and values. In this vein, Mansour was comfortable discussing this sensitive and important issue. ¶5. (S/NF) Alluding to FM Abdallah's discussion with Ambassador Godec, Mansour said the GOT was surprised to learn that the current plan is to resettle the 12 remaining Tunisian detainees in Europe rather than return them to Tunisia. Mansour pointed out that the Tunisian detainees would be "better treated" at home with their families rather than in other countries. -------------- Broken Promises -------------- ¶6. (S/NF) Ambassador Fried agreed with Mansour that it is in general preferable for the detainees to be reunited with their families in their home country, but there is a history of some depth that has created complications regarding the GOT desire to see the return of the remaining Tunisian detainees. Fried recapped the MOJ/MOI humane treatment assurances of 2006-2007 and the Ben Dhia-Negroponte letter which paved the way for the June 2007 repatriation of two Tunisians. Both of the detainees subsequently were tried and received prison sentences of three and seven years respectively. ¶7. (S/NF) Shortly afterwards, the U.S. received credible allegations of abuse. The Deputies instructed the Embassy to discuss the matter with the GOT to reach an additional understanding, which was a difficult process. In 2008, then-Secretary Rice received President Ben Ali's personal assurances regarding humane treatment plus an offer of USG access to the detainees, which the U.S. appreciated. However, USG officials were told later that there would be no access despite President Ben Ali's offer. The access issue also was raised by then-NEA Assistant Secretary Welch with FM Abdallah, but to no avail. ¶8. (S/NF) The U.S. has no desire to make an issue of this matter, Fried said, nor is it in the U.S. interest to criticize Tunisia, but there is a problem: President Ben Ali made promises that have not been kept. We would have a problem returning the detainees to Tunisia under these circumstances. If the GOT tells EU countries to not accept Tunisian detainees for transfer, then the U.S. would have to explain to those countries why we are unable to return them to Tunisia, thus publicizing the issue, which is not in our interests. ¶9. (S/NF) Less prepared to counter each point, Mansour rejoined that there were charges pending against the two detainees returned in 2007. They were tried, and then appealed their sentences, which were reduced. This process demonstrated that Tunisia operates under the rule of law. Their trial was fair and open. Regarding the allegations of abuse, there is no better justice than the Tunisian Constitution or the UN bodies and mechanisms to which Tunisia belongs, particularly the Convention Against Torture. Mansour noted he had been posted to Geneva and explained Tunisian's position many a time to the various committees. Mansour underscored Tunisia's international commitments which superseded Tunisian law. "Tunisian authorities respect the integrity of the individual, even that of foreigners. It is a part of our daily law." ¶10. (S/NF) Mansour said he was present in the Abdallah- Welch meeting. He reiterated President Ben Ali said that there was no need for concern and that Tunisian law guaranteed individual rights. Regarding prison visits, families and lawyers are permitted to visit. For the past four years, the ICRC has been able to visit the detainees and their reports are publicly available. ¶11. (S/NF) Fried repeated the U.S. belief it had a commitment from President Ben Ali for access. Fried reiterated that it is not in the U.S. interest to publicize this matter. Lack of access as promised to Secretary Rice makes it hard to repatriate Tunisian nationals per the GOT position. Fried said that he had discussed resettlement of Tunisian detainees with Italy and Spain. Such a transfer, he said, would not be an act against Tunisia or meant to cause embarrassment. Escalating the issue, however, makes it difficult to resolve. He added he was aware that Tunisia already had approached Spain regarding resettlement, noting it was a decision for the Spanish to make. There are a number of detainees in Guantanamo who have criminal charges in Tunisia and elsewhere. Some have no charges pending against them. ¶12. (S/NF) Fried said he hoped the U.S. would be able to gain access to the detainees which will help resolve the issue to the benefit of both countries. A track record of USG access would be a welcome development. Fried raised the scenario of some Tunisians being resettled in Europe, and made clear that the USG would continue to seek resettlement in Europe, but left open the possibility of other potential returns to Tunisia should the detainees choose to do so. Fried reaffirmed the USG intent to continue the process with European countries. ¶13. (S/NF) Mansour cautioned patience in order to reach a common point on this sensitive issue. Mansour broke the Tunisian detainees into 2 categories: 1) those with no international charges who do not pose a security risk, citing the returned Tunisian Imam from Canada who resides freely with his family; 2) those who face charges in Tunisian courts. Mansour reiterated that Tunisia is a state of law governed by the rule of law. Those charged will be afforded the guarantees of the Constitution and penal law in the presence of their families, lawyers, and the ICRC. He added that the issue is not being dealt with under the table, citing the recently held MOJ press conference, which underscored Tunisia's transparent approach. Mansour said he will pass on to his government all that had been discussed, adding that it was good to engage in this dialogue, his first. He said he believed himself to be a credible interlocutor. Fried said he hoped the GOT would consider two things: 1) USG access to the detainees now in Tunisia, which would help continue the discussion; and 2) a recalibration of the GOT public position on the return of the Tunisian detainees. Citing FM Abdallah's remarks to the EU ambassadors, Mansour said we are now at the beginning of a new era in our relations and facing common international challenges. We hope that we can reach an understanding to avoid obstacles. ¶14. (C) L/PM Pomper added that in addition to all of the policy aspects surrounding this issue, there are also U.S. judicial considerations. Some of the Tunisians had obtained injunctions prohibiting their return to Tunisia. In order to move forward on returns to Tunisia, the USG would have to declare to the Court that it had no human rights concerns, which currently is not the case. ¶15. (C) In closing, Mansour said that he was happy with the changes to the image of the U.S. that the initiative to close the Guantanamo Bay detention facility would bring about. President Obama's speech in Cairo gave hope to all people in the world, especially Muslim people. Fried noted that Secretary Clinton had announced the appointment of Farah Pandith as the Senior Advisor on Muslim engagement for the Department of State. Fried thanked Mansour for the meeting, adding that his door was always open to discuss this issue. CLINTON