GUANTANAMO REVIEW TASK FORCE DETERMINATION FOR TWO MALAYSIAN

S E C R E T STATE 015539 SIPDIS E.O. 12958: DECL: 02/19/2020 TAGS: PGOV PREL PTER KDRG MY SUBJECT: GUANTANAMO REVIEW TASK FORCE DETERMINATION FOR TWO MALAYSIAN NATIONALS Classified by S/GC S/E Daniel Fried. Reasons: 1.4 (b)& (d). (U) This is an action message. Please see paras 3 and 4. 1.(U) On January 22, 2009, the President issued Executive Order 13492, calling for a prompt and comprehensive interagency review of the status of all individuals currently detained at the Guantanamo Bay Naval Base and requiring the closure of the detention facilities there. The Executive Order was based on the finding that the appropriate disposition of all individuals detained at Guantanamo would further the national security and foreign policy interests of the United States and the interests of justice. 2.(C) Pursuant to the review process that had been ordered by the President, a determination has been made on the disposition of the two Malaysian nationals currently held at the detention facility at Guantanamo Bay (GTMO): Mohammad Farik bin Amin(Internment Serial Number, ISN 10021) and Bashir bin Lap (ISN 10022). 3.(S) ACTION REQUEST: Post should approach the appropriate GOM representatives to inform that Amin and Lap have been referred for prosecution. Please slug response to S/GC and include KDRG tag. 4.(S) Post should draw from the points below in its approach to the GOM. (BEGIN POINTS) --To implement President Obama's Executive Order to close the Guantanamo Bay detention facility, the Attorney General established the Guantanamo Review Task Force, which was responsible for evaluating all detainees currently held at Guantanamo Bay. The Task Force has recently completed its review. --In accordance with the President's Executive Order, the Task Force reached unanimous determinations as to whether the appropriate disposition of each detainee was transfer; prosecution; or continued detention pursuant to the Authorization of the Use of Military Force, as informed by the laws of war. -- Regarding the two Malaysian nationals currently detained at Guantanamo, Mohommad Farik bin Amin and Bashir bin Lap, the Task Force determined that the cases of both detainees should be referred to the Department of Justice for further criminal investigative steps and prosecutorial review. --The Department of Justice, in consultation with the Department of Defense, is currently determining whether it is feasible to prosecute Amin and Lap either in U.S. federal court or by military commission. The U.S. will notify your government when this determination is made. (END POINTS) CLINTON