US embassy cable - 05KUWAIT3394

S E C R E T KUWAIT 003394 
 
SIPDIS 
 
NOFORN 
 
FOR NEA/ARPI AND S/WCI 
 
E.O. 12958: DECL: 07/30/2015 
TAGS: PTER, PHUM, PREL, KAWC, KU, TERRORISM 
SUBJECT: TRANSFER OF KUWAITI DETAINEES:  GOK PROMISES 
DETENTION AND TRIAL, NOT TERROR 
 
REF: A. STATE 140334 
     B. STATE 125002 
     C. KUWAIT 1501 
     D. KUWAIT 2928 
 
Classified By: Charge d'Affaires Matthew H. Tueller for reasons. 1.4(b) 
 and (d) 
 
1.  (U)  This is an action request.  See paragraphs 4 and 5. 
 
2.  (S/NF) PolChief delivered ref A demarche July 31 to 
Ambassador Khaled Al-Maqamis, Ministry of Foreign Affairs 
(MFA) Director of Coordination and Follow Up.  Al-Maqamis 
said he was aware that several Kuwaitis were under 
consideration for transfer to GOK authority -- Abdulaziz 
Sayer Owain Al-Shammari, Mohammed Funaitel Al-Dihani, Adil 
Zamil Abdul Mohsin Al-Zamel, Saad Al-Azmi, and Abdullah Saleh 
Al-Ajmi -- and sought confirmation that he had correctly 
identified the candidates for transfer.  PolChief declined to 
discuss specific detainee cases and sought GOK affirmation 
that any Kuwaiti national returned to GOK custody would be 
treated humanely and subject to appropriate laws to prevent 
engagement in any type of activity that could threaten U.S. 
or Kuwaiti interests.  Referring to the exchange of notes 
before the release of Nasser Al-Mutairi, Al-Maqamis averred 
that detainees, upon return to Kuwait, would be held and 
prosecuted under Kuwaiti law for their terror activities.  He 
said the GOK would reconfirm in writing that detainees would 
be placed in custody and tried. 
 
3.  (C)  Commenting on the acquittal of Al-Mutairi, 
Al-Maqamis reported the case was not yet closed (refs C and 
D).  He said the Attorney General was still reviewing the 
file and it was possible to appeal the verdict or submit new 
charges.  In response to ref A points, he said the GOK 
welcomed any information the U.S. could provide to strengthen 
the case against Al-Mutairi.  He further claimed that Kuwait 
State Security was aware of Al-Mutairi's activities, but, 
more importantly, Al-Mutairi "knows the procedures."  He also 
reminded PolChief that Kuwait was a democracy with an 
independent judiciary and that the MFA had no jurisdiction 
over the Ministry of Justice. 
 
4.  (C)  Action request:  Post was aware that several 
Guantanamo detainees were being considered for transfer to 
the GOK, but had not received specific details.  For Post's 
information, and in order for Post to fully engage the GOK on 
this matter, please identity the Kuwaiti already approved for 
the transfer as well as the names of those under 
consideration. 
 
5.  (C)  Action request continued:  Al-Maqamis sought 
information on when the transfers might be approved and their 
modalities.  Noting the four months between the approval of 
Al-Mutairi's release and his actual return to Kuwait, 
Al-Maqamis asked whether the GOK would have to again charter 
an aircraft or whether the detainees could fly commercially 
to London and then travel by Kuwait Airways.  Please advise 
Post of the procedures and security concerns that must be 
observed for the transfer of any detainee to Kuwait, 
specifically identifying countries that may not/not be 
transfer points. 
 
 
TUELLER