US embassy cable - 05KUWAIT215

S E C R E T KUWAIT 000215 
 
SIPDIS 
 
NOFORN 
 
DEPT FOR NEA/ARPI, S/WCI, L; RIYADH FOR LEGATT 
 
E.O. 12958: DECL: 01/10/2015 
TAGS: PTER, PREL, KAWC, PGOV, KU, IZ 
SUBJECT: KUWAIT MFA ON DETAINEES:  IF WE CAN'T HAVE THEM 
BACK, JUST TELL US WHERE THEY ARE 
 
REF: A. 04 STATE 274686 (NOTAL) 
     B. 04 BAGHDAD 1236 
     C. 04 KUWAIT 3369 
     D. 04 KUWAIT 2900 
     E. 04 KUWAIT 1928 
 
Classified By: Ambassador Richard LeBaron.  Reasons:  1.4 (b) and (d) 
 
1.  (U)  This is an action request.  See para 4. 
 
2.  (S/NF)  Pol Chief delivered January 8 background on the 
12 Kuwaitis detained at Guantanamo (ref a) to Ambassador 
Khalid Al-Maqamis, MFA Director of Coordination and Follow 
Up.  Al-Maqamis welcomed the information and confirmed that 
preparations were underway for the repatriation of detainee 
Nasser Najeri Amtiri (US9KU-000205DP).  He again asked that 
the U.S. release to the GOK the remaining detainees, 
complaining that other detainees had been returned to 
governments whose relations were not as strong and supportive 
as the U.S.-Kuwait relationship.  He disputed the detainees 
would resort to terror if released from Guantanamo, repeating 
the now familiar refrain, "We know who they are and we know 
their families."  Al-Maqamis also asserted that the agreement 
permitting the return of Amtiri also applied to the other 11, 
and said the GOK would detain and prosecute any detainee 
returned to Kuwait.  (Note:  PM Shaykh Sabah made the same 
statement to the Ambassador January 8 and to Deputy Secretary 
Armitage and Secretary Rumsfeld in late 2004.  Post is not 
aware of any blanket agreements on detainee transfers, 
although the GOK position appears to be that its diplomatic 
notes on the transfer of Amtiri and on charges facing Adel 
Zamil Abdul Mohsin Al-Zamil (ref c), both of which insist 
that the GOK will take appropriate legal measures against 
repatriated detainees, apply to all Kuwaitis in U.S. custody. 
 Additionally, Al-Maqamis maintains that that agreement was 
reached on domestic legal action against detainees with 
Ambassador Prosper.  Post notes and reporting do not support 
this contention, and we welcome any input from the Department 
on this point. End Note.) 
 
3.  (S/NF)  Al-Maqamis also raised the case of Abdelraham 
Al-Bathali (also Abd-Al-Rahman Mubarak Mishkis), reporting 
that Al-Bathali's father claims the young man has been 
released from Abu Ghraib.  He added that Iraqi Human Rights 
Minister Bakhtiar Amin recently informed the GOK of 
Al-Bathali's release and advised him of the detention of two 
other Kuwaitis.  Based on information provided in ref b, Post 
has previously and informally confirmed to the GOK 
Al-Bathali's detention.  We have no definitive information on 
his present status and receive updates from the IIG and ICRC 
by way of the GOK. 
 
4.  (S/NF)  Action Requested:  Please provide Post with 
information of the status of Al-Bathali that can be released 
to the GOK.  We seek background on his arrest, which agency 
is responsible for his detention, any transfers to other 
facilities in Iraq, and whether he is likely to be released 
in the near term.  Please also provide information on any 
other Kuwaiti nationals currently detained in Iraq. 
 
5.  (S/NF)  Comment:  Although GOK officials regularly raise 
the status of incarcerated Kuwaiti nationals with emboffs, 
given the six months it has taken for the repatriation of 
Amtiri, there is not a real sense of urgency for the return 
of these criminals.  The real problem is public relations. 
Al-Bathali's father and attorneys for the Gitmo 12 excel at 
keeping the story in the press.  There is also mounting 
pressure from conservative Members of Parliament on the GOK 
to do more for its nationals.  Al-Maqamis informed Pol Chief 
that he has been summoned several times to explain to MPs on 
the Human Rights Committee why the MFA has failed to obtain 
from the U.S. information on detained Kuwaitis.  Our 
inability to provide accurate information on Al-Bathali is 
particularly unfortunate since Parliament will soon consider 
matters of importance to the U.S., including an Article 98 
agreement and debt relief for Iraq.  We will continue to face 
criticism from several Islamists in Parliament, but it would 
help the GOK to help us if we could answer the mail on 
Al-Bathali.  End Comment. 
 
6. (U)  Baghdad:  Minimize Considered. 
 
 
LEBARON