GTMO RETURNEE FUAD AL-RABIAH RELEASED BY COURT

S E C R E T KUWAIT 000001 NOFORN SIPDIS NEA/ARP, NEA/RA E.O. 12958: DECL: 12/31/2019 TAGS: PREL PTER PGOV PINR KDRG KU SUBJECT: GTMO RETURNEE FUAD AL-RABIAH RELEASED BY COURT Classified By: Political Counselor Pete O'Donohue for reasons 1.4 b and d ¶1. (U) In a page-one special, Kuwaiti daily Arab Times reported on December 30 that recent GTMO detainee Fuad Al-Rabiah, who was handed over to the GOK and returned to Kuwait on December 10, was released by a Kuwaiti court on December 29. The article noted that Al-Rabiah, who was arrested in Afghanistan in 2002, had spent eight years in Guantanamo before being turned over to the GOK earlier this month and was subsequently detained by Kuwait State Security for eighteen days prior to his release by the court. ¶2. (S/NF) Ambassador, during a December 30 conversation with MFA U/S Khaled Jarallah (septel),noted that the morning's news of Al-Rabiah's release by a Kuwaiti court after he had been back in-country for less than three weeks -- together with concerns over the GOK's heavily caveated diplomatic note "guarantees" regarding the monitoring and supervision of other GTMO returnees -- could render more complicated the hand-over of Fawzi Al-Awdah, one of Kuwait's two remaining GTMO detainees. (Note: Al-Awdah's father Khalid is founder and chairman of the Kuwaiti Family Commitee, which he established in 2002 to "secure the rights of Guantanamo detainees". Khalid Al-Awdah, a former Kuwait Air Force officer, has enjoyed a prominent role with the GOK in dealing with the GTMO detainees, including in the establishment of a rehabilitation center. End Note.) ¶3. (S/NF) Jarallah acknowledged that Al-Awdah, given his father's prominent position as head of the Kuwaiti Family Committee seeking the release of all Kuwaiti GTMO detainees, has high political value for the GOK. Ambassador conveyed to Jarallah our frustration over the GOK's apparently rather cavalier handling of Al-Rabiah, notwithstanding extensive assurances -- reflected not least in the GOK's establishment of the Salam Rehabilitation Center -- that these cases would be treated with due regard for US security concerns. Ambassador further noted that some in Washington might perceive that we were being "gamed" by the GOK, which apparently assessed that we could not build solid judicial cases against these detainees and would therefore release them in any case, given the political mandate to close Guantanamo. Nonetheless, serious security issues remained and the Amir had assured the President that Kuwait would monitor and control their movements, once returned. ¶4. (S/NF) Jarallah agreed that the GOK needed to show seriousness in its handling of the released detainees, but noted -- as in the past -- that Kuwait's constitutional system and the absence of strong CT legislation limited its options. Ambassador, citing the improved US-GOK liaison relationship, pressed Jarallah for a commitment to keep Embassy informed of the ex-detainees' movements and/or any suspicious contacts. Jarallah assured Ambassador this would be done. Ambassador also raised travel concerns, noting that the detainees could leave Kuwait on their GCC IDs. Jarallah acknowledged this was the case, but averred they could not leave the GCC countries without a passport; he agreed to raise Ambassador's requests that we be notified in advance of any inter-GCC travel. ¶5. (C) In a December 31 conversation, Dr. Adnan Al-Shatti, a psychiatrist and member of the returnee rehabilitation team at Kuwait's Salam rehabilitation center, confirmed to POLCouns that Al-Rabiah had, in fact, been released by Kuwait's renewals court on December 29. Al-Shatti said the court released Al-Rabiah due to a lack of credible evidence against him and also took into account his advanced age (approximately 50). Al-Shatti said he did not believe there would be any further legal proceedings against Al-Rabiah. He noted, however, that although Al-Rabiah is now back with his family, he will continue to report to the Rehabilitation Center twice weekly for treatment and evaluation for an indefinite period; Al-Rabiah also remains in "regular" telephone contact with Al-Shatti. Al-Shatti said he was "sure" that the GOK had confiscated Al-Rabiah's passport to prevent unauthorized travel and would monitor his movements for the next year or so. Al-Shatti said he believes Al-Rabiah is making excellent progress in his reintegration into Kuwaiti society and is unlikely to pose any future problems; Al-Rabiah is presently making plans to obtain a PhD in philosophy. Al-Shatti promised to alert Embassy "immediately" if he finds anything amiss in Al-Rabiah's behavior, noting the GOK's and his personal interest in ensuring that Al-Rabiah's rehabilitation goes smoothly. ********************************************* ********* For more reporting from Embassy Kuwait, visit: visit Kuwait's Classified Website at: http://www.intelink.sgov.gov/wiki/Portal:Kuwa it ********************************************* ********* JONES