US embassy cable - 05COLOMBO291

S E C R E T SECTION 01 OF 02 COLOMBO 000291 
 
SIPDIS 
 
STATE FOR SA, SA/INS AND S/WCI 
SECDEF FOR SOL/LIC ASD OICONNELL 
NSC FOR DORMANDY 
 
E.O. 12958: DECL: 02/07/2015 
TAGS: PTER, KAWC, PREL, PINS, MV, Maldives 
SUBJECT: MALDIVIAN GOVERNMENT RESPONSE ON THE RETURN OF 
GUANTANAMO DETAINEE IBRAHIM FOWZY TO MALDIVES 
 
REF: (A) 04 COLOMBO 2023 (B) 04 STATE 264536 (C) 04 
     COLOMBO 1853 (D) 04 COLOMBO 1696 (E) 04 
     COLOMBO 1572 (F) 04 COLOMBO 883 
 
Classified By: AMBASSADOR JEFFREY J. LUNSTEAD FOR REASON 1.5 (D). 
 
 1.  (S)  In late January, the Embassy received the 
following diplomatic note from the Government of the 
Republic of Maldives (GoRM), building on their preliminary 
response contained in Ref A, in response to our diplomatic 
note, drawing from Ref B, which laid out the USG view 
regarding the return of Mr. Ibrahim Fowzy (aka Fouzee, 
Fauzee or Fauzy) to Maldives: 
 
Begin text 
 
Reference:  (C) EA-US/B/05/01 
 
The Ministry of Foreign Affairs of the Republic of Maldives 
presents its compliments to the Embassy of the United 
States of America to the Republic of Maldives and, with 
reference to the Embassy's note no. 087, dated 13 December 
2004, regarding Mr. Ibrahim Fauzee who is currently in 
detention in Guantanamo Bay, Cuba, has the honour to inform 
the Embassy that the Government of Maldives welcomes the 
decision by the Government of the United States of America 
to transfer Mr. Ibrahim Fauzee to the care and control of 
the Government of Maldives, and confirms that he would be 
treated in accordance with the laws and international 
obligations of the Maldives, once transferred. 
 
The Ministry also has the honour to inform the Embassy 
that, while the Maldives strongly supports the war against 
terrorism led by the United States, some of the measures 
requested for in the Embassy's referred note can only be 
taken by the Government of Maldives once Mr. Fauzee has 
been charged in a competent court of law and found guilty 
of a crime that authorizes such action.  Therefore, the 
Ministry requests the Embassy to either transfer Mr. Fauzee 
to the care of the Government of Maldives along with 
substantial evidence to try him in a competent court of law 
in the Maldives, or try him in the United States and if 
convicted, have him transferred to the Maldives to serve 
his sentence. 
 
The Ministry has the further honour to inform the Embassy 
that the Government of Maldives strongly wishes Mr. Fauzee 
to be released unconditionally should the evidence against 
him prove to be insufficient to warrant a trial in a 
competent court of law, or is tried and acquitted. 
 
The Ministry of Foreign Affairs of the Republic of Maldives 
avails itself of this opportunity to renew to the Embassy 
of the United States of America to the Republic of Maldives 
the assurances of its highest consideration. 
 
Male', 13 January 2005 
 
End text 
 
2.  (S)  On February 3, during a trip to Maldives, the DCM 
had a lengthy discussion with Maldivian Attorney General 
Hassan Saeed about Mr. Fowzy's return.  Hassan told the DCM 
that it was important to remember that the political 
climate in Maldives is changing in a positive direction. 
As part of that, greater accountability and respect for the 
law is expected from the security services which would make 
it impossible for Mr. Fowzy to be detained or put under 
house arrest upon his return unless, as stated in the GoRM 
note in para one, the U.S. has tried and convicted Mr. 
Fowzy in some sort of judicial proceeding before his return 
or the U.S. gives the GoRM sufficient evidence to justify 
trying Mr. Fowzy after his return to Maldives.  Absent 
either of those, Mr. Fowzy would be a free man once he got 
home.  Moreover, there would be no legal basis under 
Maldivian law to require Fowzy to check in with the police 
or the security services on a regular basis. 
 
3.  (S)  The DCM reviewed for Hassan U.S. concerns about 
monitoring of returned Guantanamo detainees which stem from 
the fact that a number of former detainees have again taken 
up arms against the U.S. after their returns to Pakistan or 
Afghanistan.  In light of that, the U.S. would need some 
sort of assurance that an eye would be kept on Mr. Fowzy 
after his return so the U.S. would be aware immediately if 
there were any indication that Mr. Fowzy planned to engage 
in activities detrimental to the U.S. 
 
4.  (S)  Hassan said he understood these concerns 
completely and underscored that Maldives, a moderate Muslim 
country, had no interest in seeing Mr. Fowzy engage in 
"radical" activities either.  Thus, Hassan said, his 
government would place Mr. Fowzy on a watchlist which would 
alert the GoRM if he tried to leave the country and would 
share Fowzy's travel plans with the U.S.  Second, the GoRM 
would facilitate meetings between U.S. officials and Mr. 
Fowzy in Maldives, if the U.S. ever felt the need to 
interview Mr. Fowzy in the future.  "We wouldn't drag him 
into an interrogation room against his will but I'm sure we 
could persuade him he should cooperate with you." 
Finally, Hassan told the DCM, the combination of the 
effectiveness of the Maldivian security services and the 
archipelagic nature of the country would ensure that "we 
would keep a very close watch on his activities.  The last 
thing we want is him causing trouble here." 
 
5.  (S)  Comment.  The Attorney General is right.  Maldives 
is in the midst of a political transformation towards 
greater democracy and greater governmental respect for 
individual rights, trends which the United States has 
encouraged.  In that context, it seems to us that we have 
the basis of a mutually-satisfactory deal for Fowzy's 
return.  He would be allowed to resume his life but the 
GoRM would keep tabs on Fowzy, let us know about travel 
abroad and help us talk to him if need be in the future. 
This seems suitable to us and we would urge Washington to 
begin plans to return Mr. Fowzy to Maldives.  It is 
important that we remove this bilateral irritant with 
Maldives, a moderate (tsunami-wracked) Muslim country well- 
disposed to the U.S. and supportive in the GWOT, with no 
further delay.  End Comment. 
 
LUNSTEAD