ICRC: TREATMENT OF PRISONERS IN MOI FACILITIES A

S E C R E T TUNIS 000399


NOFORN

STATE FOR NEA/MAG (SWILLIAMS, MHAYES, JPATTERSON)
DRL: KMCGEENEY, S/WCI: ARICCI
DOD/OSD:ALIOTTA, DOJ/ODAG:MSTRANSKY

E.O. 12958: DECL: 08/30/2028
TAGS: PHUM PREL PTER KDRG TS
SUBJECT: ICRC: TREATMENT OF PRISONERS IN MOI FACILITIES A
CONCERN

Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d)

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Summary
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1. (S/NF) The International Red Cross Committee Regional
(ICRC) Delegate Yves Arnoldy told the Ambassador ICRC
priorities in Tunisia are overcrowding in general and
treatment of prisoners in MOI facilities. The ICRC has a good
working relationship with the Ministry of Justice, but the
Ministry of Interior will take more time. He confirmed that
the ICRC has access to some notified MOI facilities and was
trying to get information about non-notified facilities. He
also said, if offered the chance to make a recommendation
about the transfer of Tunisian detainees held in Guantanamo
back to Tunisia that he, "would not like to be in the
Ambassador's place." End Summary.

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Guantanamo Detainees
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2. (S) The Ambassador met recently with ICRC Delegate Yves
Arnoldy to obtain an update on the organization's activities
in Tunisia and the region.


3. (S/NF) Discussing the Guantanamo detention facility, the
Ambassador stressed President Obama's intention to close the
facility by the end of the year. He said the question of
transferring the Tunisian detainees back to Tunisia was under
review in Washington and asked what Arnoldy would recommend
if he had the opportunity. Arnoldy responded, obliquely
saying, it was a difficult decision and he "would not like to
be in the Ambassador's place." He asked to be kept informed
about the status of any potential transferees because ICRC is
in touch with their families in Tunisia and will keep them
informed. ICRC will also be testing a video conferencing
capability soon to improve communications between detainees
still in Guantanamo and their families.

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ICRC Activities
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4. (S/NF) Arnoldy said the ICRC is focused on the long-term
in Tunisia. It was only allowed access to prisoners in 2005.
It is a question of building trust, which takes time, but
relations have reached an, "interesting level with solid
ground for development particularly with the Ministry of
Justice." The ICRC has two tracks it is working on,
overcrowding in general, and treatment of prisoners in
facilities under MOI control.

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Relations with MOJ
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5. (S/NF) Arnoldy said the ICRC relations with the Ministry
of Justice are cooperative. He had direct contact whenever
he needed it with his interlocutors up to the Minister, and
there were clear signs of political will to cooperate on
prison inspections. The MOJ is ready to take advantage of
the resources ICRC has to offer and is becoming interested in
a dialogue on wider issues of justice. He could see
possibilities to develop activities with the MOJ beyond just
treatment of prisoners to a more strategic, structural level,
including training of staff and exchange of ideas with other
national systems. When asked by the Ambassador if he could
confirm if the MOI had access to prisoners held in MOJ
facilities he said he could not add any information to this,
but then added, that certain ministries have the ability to
affect the MOJ system.

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Relations with MOI
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6. (S/NF) Arnoldy characterized ICRC relations with the MOI
as "needing improvement." The ICRC is taking a step-by-step
approach and the level of dialogue has made some progress
since the beginning. However, changing treatment is a
long-term issue that will entail changes in the MOJ's
attitude and "mentality." The ICRC is seeking to improve the
dialogue and develop the basis for adding more substance.
Arnoldy confirmed that the ICRC has access to "notified" MOI
facilities and was trying to get information about
"non-notified" facilities.

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Relations with the MFA
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7. (C) Arnoldy said he has to double track his meeting
requests with the Ministry of Justice via diplomatic note to
the MFA however the MFA does not block or delay his requests.
He noted that his relationship with the MFA had declined
somewhat after the departure of Hatem Ben Salim who was the
Secretary of State for European Affairs until 2008.

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NGO Reports of Treatment
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8. (S/NF) The Ambassador asked Arnoldy for his impression of
the reliability of information on treatment of prisoners
provided by NGOs and others without direct access to the
prisoners. He asked if the ICRC questioned their public
statements about treatment. Arnoldy said, it is difficult
for NGOs and others to know exactly what is happening and
third hand sourcing has its problems. Not everything they
say is accurate, but it is a source of information. They
often give him tips that he can follow-up on or verify and
sometimes they do have good sources, especially through
contact with prisoners' families.

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Regional Activities
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9. (S/NF) The Ambassador asked for an overview of the ICRC
office's regional activities, which Arnoldy is responsible
for, in brief:

-- Libya - Relations are difficult. Arnoldy has a hard time
visiting Libya because of his Swiss passport and the strained
relations between Libya and Switzerland. ICRC depends on
Tunisian staff going to Libya or Libyans coming to Tunisia.

-- Mauritania - The ICRC has signed a headquarters agreement
with Mauritania upgrading their status to a mission but the
office will still answer to the Tunis office. There are
approximately 1,200 prisoners in Mauritania.

-- Morocco - ICRC has a presence in Morocco but does not
have any diplomatic status. Therefore the Morocco office
focuses on issues of international humanitarian law. The
rest of ICRC activities are handled through the Tunis office.
Morocco is the biggest file in the region, concerned mainly
individuals who "disappeared" as a result of the Western
Sahara conflict. ICRC is discussing up-grading its status
with the government of Morocco, it is just a question of
time. When they reach an agreement, ICRC will likely open
several offices in Morocco which will not be dependent on the
Tunis office.


10. (U) Arnoldy expressed the ICRC's appreciation for USG
support for the organization. The ICRC depends on donors to
support it so it can react quickly in a crisis and not wait
until it has confirmed funding before taking action.

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Comment
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11. (S/NF) Arnoldy was as frank as he could be given the
confidentiality policy of the ICRC. It was clear that he was
not positive about the prison conditions in the MOI
facilities nor about the MOI's attitude toward cooperating
with the ICRC. He did say however, that some progress had
been made in the ICRC-MOI dialogue but that it would take
time. Given that ICRC is the only international organization
with reliable access to the prisons, we have to give weight
to their comments, even if cryptic.

Godec