US embassy cable - 03SANAA2454

S E C R E T SECTION 01 OF 02 SANAA 002454 
 
SIPDIS 
 
E.O. 12958: DECL: 10/06/2013 
TAGS: PTER, PREL, YM, COUNTER TERRORISM 
SUBJECT: DETAINEES: REHABILITATION AND RELEASE 
 
Classified By: Ambassador Edmund J. Hull for reasons 1.5 (b) and (d). 
 
1. (C) Summary:  Since the 8/02 inception of the ROYG's 
program to rehabilitate and release detainees, approximately 
160 of the over 220 detainees who have participated in the 
Ulema run dialogues have been recommended for release.  Of 
those, 43 detainees, none of whom were facing criminal 
charges, have been released.  According to a senior legal 
source, none of those released has had problems to date, and 
another prisoner release is anticipated before Ramadan begins 
on 10/26.  The ROYG has not/not vetted with post the names of 
those recommended or released.  Our requests for the names 
remain pending separately with security, intelligence and 
legal authorities.  End summary. 
 
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The Philosophy of the Dialogues 
------------------------------- 
 
2. (C) During a two-hour meeting on 10/1, Judge Hamoud Hitar 
-- who heads the ROYG committee charged with the 
rehabilitating security detainees so they can be released -- 
expanded upon recent press reports concerning the program. 
After announcing the program on 24 August 2002, President 
Saleh summoned government officials and 15 Yemeni clerics to 
a planning meeting on August 30, 2002.  One of those 
summoned, Hitar said the meeting was attended by Prime 
Minister Bajammal, the Speaker of Parliament, Islah Party 
Shura Council Chairman Sheik Majid Al-Zindani, Presidential 
Advisor Dr. Abdelkarim al-Iryani, Minister of Interior Alimi, 
Head of the Political Security Organization Ghalib Gamish. 
The meeting resulted in the formation of a committee selected 
by the attendees and coordinated by the Ulema, a council of 
Yemeni religious scholars. 
 
3. (C) During the Ulema-hosted planning meeting that followed 
on September 2-4, 2002, a number of attendees expressed 
concern about the President's initiative.  Hitar said that 
they feared being attacked for their interference or labeled 
American agents, and were worried that the detainees would 
refuse to take part in the program.  He alone declared that, 
as a direct order from the President, the dialogue must occur 
and was rewarded a half-hour later with a call from President 
Saleh noting his loyalty and pledging full support. 
 
4. (C) Phase one of the dialogue project began with the 
committee's formation on September 5, 2002.  The committee 
included Judge Hitar, Sheikh Hasan As-Sheikh, Sheikh Mokbil 
Al-Kabadi, and Sheikh Al-Mahrabi (a fifth member, Sheik Ali 
Motar, joined the committee for phase two.)  The project 
faced a number of problems during the early days, including 
anger from those who believed this was not suitable work for 
the Ulema, and members' fear of physical attack by 
extremists.  However, reiterating their commitment to the 
Koran, Hitar and other committee members asked for a 
dialogue, declaring: "If you (the detainees) are right, we 
will follow you.  If we are right you will follow us." 
 
5. (C) This first round of dialogues concentrated primarily 
on detainees in Sanaa, but later spread to Ibb, Taiz, Aden, 
Abyan, and Hodeidah.  It included 104 detainees, 80 of whom 
were recommended for release, and 43 who have since been 
released.  Hitar said the 43 have had "no problems" following 
release, and he hopes the remainder will be released soon. 
 
6. (C) The Ulema held the second round of dialogues from 
mid-August 2003 to September 13, 2003 primarily in Aden 
because of a large number of detainees from the southern 
Yemen region of Hatat.  126 detainees participated in the 
discussions.  Their names, along with the committee's 
recommendation for the release of approximately 80 detainees, 
were forwarded to the President in late September 2003. 
Hitar believes those detainees who are not facing criminal 
charges and make it through Presidential and security reviews 
will be released before Ramadan. 
 
7. (C) Hitar expects phase three to begin after Ramadan, but 
said the committee is ready to conduct another session at any 
time. 
 
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Process of Dialogue - Not a Substitute 
for Criminal Proceedings 
-------------------------------------- 
 
8. (C) Hitar stressed that the committee is not investigative 
and that criminal cases are a matter for the judicial system, 
not the dialogues.  He noted that some of these detainees 
have been expelled from other countries in the region because 
they were suspected of extremism.  Others are facing criminal 
charges and are not eligible for release but, said Hitar, 
their exclusion from the dialogue process would only spread 
their ideology to others. 
 
9. (C) The Political Security Organization (PSO) selects 
detainees -- highlighting influential leaders -- and provides 
the committee access to and use of their prison facilities. 
The committee divides the detainees into groups of 5-7 for 
Ulema-led sessions on the concepts of jihad in Islam: Holy 
War (when, how, where, who can declare, and against whom), 
the rights of rulers, commitment to constitution and laws, 
the rights of non-Muslims in Muslim countries, the principle 
of doing good, and actions that destabilize security - 
violence, extremism, and terrorism.  For all detainees who 
commit to the Koran and the rights of non-Muslims -- and who 
are not/not facing criminal charges -- the committee 
recommends release.  Yemeni security officials initially 
opposed this initiative, but Hitar said the Ulema explained 
that individuals cannot be detained indefinitely without 
charges as noted in an Amnesty International report (2003). 
 
--------------------------------------------- - 
Commitment to Uphold the Rights of Non-Muslims 
--------------------------------------------- - 
 
10. (C) Hitar explained that all detainees pledge their 
commitment to the ruler, the constitution, laws, peace and 
security, the rights of non-Muslims, and the inviolability of 
foreign interests.  They must agree that attacks in the 
Muslim world, like those against the USS Cole, the Limburg, 
and tourists, are not jihad but actions that are banned under 
the Koran.  Each repentant detainee's signed commitment, 
along with the committee's recommendations, is sent to the 
President, who in turn forwards the package to security 
officials including the PSO and the Ministry of Interior. 
 
11. (C) The committee's recommendations also include 
suggestions for the restoration of jobs, new jobs for the 
previously unemployed, special dialogues to reinforce vows of 
those released, and special supervision for a period of time 
to be determined by security forces.  The committee 
recommends that detainees released under the program invite 
others to join their newfound ideology, and asks the 
government to encourage unity, tolerance, and moderation in 
mosques, schools, media, and other public arenas. 
 
12. (C) Judge Hitar noted the importance of providing the USG 
with the most accurate information, and welcomed future 
discussions with the Embassy. 
 
13. (S/NF) Comment: We believe Hitar's outline of the 
rehabilitation/release process is accurate.  That process 
does not/not include vetting names with the USG either before 
or after a detainee's release.  We have requested the names 
previously via intel channels, through Judge Hitar on 10/1 
(he had the list of names at hand while meeting with 
pol/econoff, but lacked authorization to share it), and DCM 
requested it through the Interior Minister's Office Director 
on 10/6.  While Hitar's claim that detainees facing criminal 
charges will not/not be considered for release is credible, 
post will continue pressing to obtain the names for further 
U.S. review and entry into the Visas Viper system. 
 
HULL