US embassy cable - 05KUWAIT1501

C O N F I D E N T I A L KUWAIT 001501 
 
SIPDIS 
 
FOR NEA/ARPI AND S/WCI 
 
E.O. 12958: DECL: 04/13/2015 
TAGS: PTER, PREL, PHUM, PGOV, KU, War on Terror 
SUBJECT: GTMO DETAINEE NASSER AL-MUTAIRI RELEASED ON BAIL 
 
REF: A. KUWAIT 1075 
     B. 04 KUWAIT 3369 
 
Classified By: Ambassador Richard LeBaron for reasons 1.4 (b) and (d) 
 
1.  (C)  Summary:  Former Guantanamo detainee Nasser 
Al-Mutairi (US9-KU-000205DP), who was transferred to Kuwaiti 
custody on January 15, was released April 13 on bail of KD 
200 (USD 680) by the Criminal Court, pending the June 1 
resumption of the case against him.  The court's decision 
contradicts written and verbal assurances from the Ministry 
of Foreign Affairs that any Guantanamo detainee released to 
the GOK would be incarcerated, tried, and imprisoned for 
terror activities.  Ambassador contacted MFA U/S Al-Jarallah 
who reported, after making inquiries, that the release was 
temporary and based on humanitarian concerns.  The Ambassador 
registered a strong protest that the agreement between the 
two governments on Al-Mutairi's repatriation, particularly 
regarding advance notice of release plans, had been violated, 
an assertion Al-Jarallah did not dispute.  End Summary. 
 
2.  (U)  English and Arabic dailies reported April 14 that 
former Guantanamo detainee Nasser Al-Mutairi, who was 
repatriated to Kuwait on January 15, had been released by the 
Criminal Court on bail of KD 200 (USD 680) and banned from 
traveling outside of Kuwait.  His trial, which began March 9, 
has been adjourned until June 1 when the arresting Kuwait 
State Security officer will testify.  Al-Mutairi was charged 
with working for the interests of a foreign country and those 
serving it; not obtaining permission to join foreign military 
forces opposed to another country; and undergoing illegal 
weapons training (ref a).  He pleaded not guilty to all 
charges and his lawyer said Al-Mutairi had been sold by 
Pakistani bounty hunters to U.S. forces for USD 25,000.  His 
release on bail, according to the press, results from his 
attorney's request for a determination on the legal status of 
the Taliban, and the status of Kuwaiti-Taliban relations 
prior to Operation Enduring Freedom, as well as Al-Mutairi's 
poor health and need for special medical attention. 
 
3.  (U)  Al-Mutairi, who reportedly suffers from torn tissue 
in his right knee and a back tumor, the humanitarian grounds 
for his release, told Arabic daily Al-Rai Al-Am, "I'm a 
newborn and Islam condemns terrorism and rejects it."  He 
praised the GOK for its fairness and for standing by him, and 
alleged that while detained at Guantanamo he was tortured, 
drugged, and subjected to 36-hour long interrogation 
sessions. 
 
4.  (C)  Ambassador called Under Secretary of Foreign 
Affairs, Khalid Al-Jarallah the morning of April 14. 
Al-Jarallah, who said he had just returned from Sudan, had 
not heard about the release, and got back to Ambassador a 
half hour later to say that "unfortunately, they released 
him."   He said the release will be temporary and he will be 
back in court.  (Note: the timing and circumstances were left 
vague.)   Al-Jarallah said he was told that Al-Mutairi had 
been dealt with in this way because he is sick, and 
reiterated that it is a temporary move.   He said that this 
was the information that he had for now, but the MFA would 
follow up with the Ministry of Justice on Saturday when it 
reopens after the weekend, and get back to us with anything 
further.   The Ambassador registered a strong protest that 
the GOK did not follow the written understanding with us that 
the USG be provided "reasonable notice" of any decision "to 
release or transfer."   The Ambassador also advised 
Al-Jarallah that the USG and Kuwait reached an implicit but 
clear understanding during talks on this case that the 
individual would not be released.   Al-Jarallah did not 
dispute this. 
 
5.  (C)  MFA Director of Coordination and Follow-Up, 
Ambassador Khalid Al-Maqamis, told PolChief he was 
"surprised" by the court's decision, confirmed the release 
was based on humanitarian grounds, and echoing Al-Jarallah, 
stated the release was temporary.  He added that the GOK 
respected the terms of the bilateral agreement on detainee 
transfer and would take up the matter with the MOJ on 
Saturday. 
 
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LEBARON