Identifier
Created
Classification
Origin
09TRIPOLI714
2009-09-08 13:49:00
CONFIDENTIAL//NOFORN
Embassy Tripoli
Cable title:  

SWISS CHARGE OPTIMISTIC ON RELEASE OF TWO BUSINESSMEN \

Tags:  PREL SZ LY 
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2009-09-08 13:49:00 09TRIPOLI714 Embassy Tripoli CONFIDENTIAL//NOFORN 08TRIPOLI592|09BERN351|09TRIPOLI59 VZCZCXRO0398\
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RUEHTRO/AMEMBASSY TRIPOLI 5767 C O N F I D E N T I A L SECTION 01 OF 03 TRIPOLI 000714 \
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NOFORN \
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DEPT FOR NEA/MAG \
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E.O. 12958: DECL: 9/8/2019 \
TAGS: PREL SZ LY
SUBJECT: SWISS CHARGE OPTIMISTIC ON RELEASE OF TWO BUSINESSMEN \
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REF: A. 08 TRIPOLI 592; B. TRIPOLI 59; C. BERN 351 \
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TRIPOLI 00000714 001.2 OF 003 \
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CLASSIFIED BY: Gene A. Cretz, Ambassador, U.S. Embassy Tripoli, \
Department of State. \
REASON: 1.4 (b),(d) \
2009-09-08 13:49:00 09TRIPOLI714 Embassy Tripoli CONFIDENTIAL//NOFORN08TRIPOLI592|09BERN351|09TRIPOLI59 VZCZCXRO0398\
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P R 081349Z SEP 09\
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RUEHTRO/AMEMBASSY TRIPOLI 5767 C O N F I D E N T I A L SECTION 01 OF 03 TRIPOLI 000714 \
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NOFORN \
SIPDIS \
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DEPT FOR NEA/MAG \
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E.O. 12958: DECL: 9/8/2019 \
TAGS: PREL SZ LY
SUBJECT: SWISS CHARGE OPTIMISTIC ON RELEASE OF TWO BUSINESSMEN \
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REF: A. 08 TRIPOLI 592; B. TRIPOLI 59; C. BERN 351 \
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TRIPOLI 00000714 001.2 OF 003 \
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CLASSIFIED BY: Gene A. Cretz, Ambassador, U.S. Embassy Tripoli, \
Department of State. \
REASON: 1.4 (b),(d) \

1. (C/NF) Summary: Swiss Charge Stefano Lazarotto remains \
optimistic about the release of two Swiss businessmen who have \
been detained in Libya since July 2008. He said that while the \
September 1 deadline for their release had passed, the GOL had \
given him positive indications that the release was imminent. \
Lazarotto outlined for Pol/Econ Chief the August 20 agreement to \
normalize relations that was concluded between Swiss President \
Hans-Rudolf Merz and GOL Prime Minister-equivalent al-Baghdadi \
al-Mahmoudi. Although the two sides appointed representatives \
to an arbitration panel to investigate the July 2008 arrest of \
Hanibal al-Qadhafi, as stipulated by the agreement, Lazarotto \
said the Swiss would not take further steps to implement the \
agreement until the two businessmen were released. He also \
related that the Swiss government planned to nominate him as \
Ambassador to Libya after the situation with the Swiss \
businessmen has been resolved. Lazarotto's fatigued appearance \
betrayed the stress that the conflict has placed on him and \
Swiss interests in Libya. End Summary. \
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SWISS BUSINESSMEN STILL UNDER HOUSE ARREST \
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2. (C/NF) Swiss Charge d'Affaires Stefano Lazarotto told \
Pol/Econ Chief September 3 that he was hopeful that the two \
Swiss businessmen who have been under house arrest since July \
2008 would be released soon. [Note: The Swiss businessmen were \
placed under arrest and deprived of their passports by Libyan \

government officials in August 2008 on charges of commercial \
misdeeds. The businessmen later sought refuge at the Embassy of \
Switzerland. (refs A, B) End note.] Lazarotto explained that \
the release of the Swiss businessmen was not included as part of \
the August 20 agreement to normalize relations between Libya and \
Switzerland because the GOL denies a connection between the \
arrest and the July 2008 arrest in Geneva of Hanibal al-Qadhafi \
and his wife. Nevertheless, Lazarotto noted that the issue had \
been discussed by Merz and Libyan PM-equivalent al-Baghdadi \
al-Mahmoudi during their closed meeting. Lazarotto said the GOL \
had assured Merz that the businessmen would be released prior to \
September 1. Now that the deadline had passed, Lazarotto \
explained that he was "constantly" calling his Libyan contacts \
within the PM's office and MFA to try to obtain the \
businessmen's passports, which the GOL is still holding. He \
reasoned that one cause for the delay may have been that Libyan \
officials had been preoccupied with the September 1 anniversary \
of Qadhafi's coup and could not move the issue forward. \
\

3. (C/NF) Lazarotto declined to comment on rumors that the GOL \
was demanding a one million Euro payment in exchange for the \
release of the businessmen. However, he expressed concern about \
the detailed information the press had managed to obtain and \
report regarding the businessmen's release. Specifically, he \
worried that press reports describing his plans to return the \
two Swiss businessmen to Switzerland on August 31 had \
contributed to the GOL's delay in resolving the issue, given the \
optic that the Swiss had been spinning up the situation in the \
press. Likewise, Lazarotto complained that he was receiving \
myriad inquiries from Bern regarding who had informed the media \
about various aspects of the Swiss-Libyan negotiations. He \
lamented, "I even receive calls in the middle of the night from \
Bern. They do not understand the kind of pressure I am under. \
I have lost seven kilos in the past ten days." \
\

4. (C/NF) Lazarotto said the Swiss citizens, initially elated \
about the possibility of returning home by September 1, had \
grown depressed as the days passed. He said they were living in \
apartments above the Swiss Embassy and that he and a colleague \
temporarily assigned from Bern were also staying in the \
apartments, both for practical reasons (Lazarotto's residence is \
being renovated) and to maintain morale. Lazarotto explained \
that none of the four could sleep at night and resorted to \
playing ping-pong on the front porch to pass the time. They \
have not left the embassy since August 31, for fear of missing a \
phone call that could come in by landline. \
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SWISS-LIBYA AGREEMENT DESIGNED TO PUNISH SWITZERLAND \
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5. (C/NF) Regarding the agreement between Switzerland and Libya \
to normalize relations, Lazarotto described a stressful week of \
middle-of-the-night negotiations at the Corinthia Hotel. He \
said the GOL had put forward several demands, most of which the \
Swiss had met. Lazarotto was summoned back to Libya during the \
third day of his three-week holiday in order to accompany \
Hans-Rudolf Merz to negotiate the text of the agreement. \
Lazarotto noted that the round-the-clock negotiations had forced \
him and his colleague - Director of the Regional Office for \
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TRIPOLI 00000714 002.2 OF 003 \
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North Africa in Bern - to sleep in their car parked outside the \
hotel during two nights of the negotiating period. Lazarotto \
said that the Libyan Prime Minister and his representatives \
directed the negotiations; MFA A/S-equivalent for European \
Affairs, Abdulati al-Obeidi, was not involved. \
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6. (C/NF) According to the text of the document, the two sides \
had agreed to "settle the dispute which resulted from the \
incident of the arrest of the Libyan diplomat Mr. Hannibal Mumar \
Al Gaddafi, and of accompanying unjustified and unnecessary \
measures against him and his family from the authorities of the \
Canton of Geneva and the Federal Swiss Authorities before, \
during and after [July 15, 2008]" (ref C). The agreement \
required an official and public apology for the arrest, which \
Merz offered on August 20 to al-Mahmoudi during a press \
conference announcing the settlement. Lazarotto countered media \
reports that the Swiss government was demanding Merz's \
resignation due to his decision to apologize to the Libyans. \
Lazarotto said that the initial, negative sentiment surrounding \
the settlement had waned and that several members of the Cabinet \
of Ministers had come around to supporting Merz's decision. \
\

7. (C/NF) Additionally, the agreement stipulates that both sides \
would establish an arbitration tribunal, to which each nation \
would appoint an arbitrator, to investigate the incident and \
determine a punishment, if the tribunal determines that the \
defendants had acted illegally (ref C). Lazarotto noted that \
the agreement specifies that the appointment of the arbitrator \
should have been done ten days after the signing of the \
agreement, but that the GOL took twelve days to appoint its \
candidate. "I am half Italian," Lazarotto noted, "and I \
understand time differently than my Swiss-German colleagues in \
Bern. Those colleagues noticed that the Libyans violated the \
deadline." Based on the delay in appointing a representative to \
the arbitration tribunal, Lazarotto held out hope that the \
Libyans would release the Swiss citizens, even though that \
deadline had also passed. \
\

8. (C/NF) Lazarotto highlighted the sixth section of the \
seven-part agreement as particularly questionable. That section \
commits the Swiss government "not to repeat this incident in the \
future against the Libyan Citizens or Libyan Officials and to \
improve their treatment and facilitate their procedures." \
Lazarotto mused, "What are we supposed to do if another Qadhafi \
son violates the laws of Switzerland - ignore it? Perhaps \
instead of asking questions, we should just throw him in jail \
immediately!" \
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9. (C/NF) The last article of the agreement officially \
normalizes relations between the two countries and states: "They \
will designate immediately a person from their respective \
Ministries of Foreign Affairs to settle all issues presently \
affecting their bilateral relationship, amongst others all \
consular activities to all citizens of both countries, including \
issuing of exit-entry visa for Swiss and Libyan citizens and \
officials, trade and commercial relations between the two \
countries including resumption of air flight between the two \
countries. The designated persons [should] complete their task \
within sixty days." Lazarotto clarified that he was the \
appointed negotiator for the Swiss side and that the GOL had \
designated MFA Vice Minister Khaled Kaim (U/S-equivalent) as his \
interlocutor. He emphasized that no other bilateral issues \
would be discussed until the Swiss citizens had been released. \
Lazarotto explained that the Swiss government intended to \
upgrade his position to ambassador after restoration of \
political and business relations has been completed. He \
expressed concern that his "harassment" of GOL interlocutors \
over the release of the Swiss citizens could spoil his relations \
to the extent that the GOL would refuse to accept his \
ambassadorial credentials. \
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10. (C/NF) Comment: Lazarotto presented an upbeat and positive \
demeanor during the meeting, but his physical appearance - gaunt \
and fatigued - betrayed the internal stress that the \
Swiss-Libyan conflict has forced on him. Although Lazarotto's \
colleague from Bern has stayed to help him with daily embassy \
tasks, he is the only Swiss official accredited to Libya. The \
recent agreement seems to represent a consolidation of earlier \
attempts by Libya to move the goalposts - both sides had agreed \
to form a joint arbitral tribunal over a year ago, but the two \
sides failed to find mutually acceptable language for their \
final report. Swiss diplomats in Tripoli continue to complain \
that policymakers in Bern and Geneva fail to understand how to \
deal with the Qadhafi clan, noting that Bern has now given in to \
each successive Libyan demand. With nothing more to offer \
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TRIPOLI 00000714 003.2 OF 003 \
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Libya, the Swiss seem forced to wait until Qadhafi is ready to \
grant the one concession they need - the release of the two \
Swiss citizens. Despite the assurances of senior MFA officials, \
Qadhafi's willingness to stake family reputation over foreign \
relations makes it difficult to predict when the Swiss \
businessmen will be allowed to leave. End Comment. \
CRETZ \