US embassy cable - 05SANAA2123

S E C R E T SANAA 002123 
 
SIPDIS 
 
E.O. 12958: DECL: 08/02/2015 
TAGS: PREL, PTER, KAWC, YM, DEMARCHE, COUNTER TERRORISM 
SUBJECT: ROYG UNWILLING TO ACCEPT RETURN OF GTMO DETAINEES 
UNLESS DETERMINED NEC 
 
REF: A. STATE 139288 
     B. STATE 139264 
     C. STATE 136270 
     D. STATE 92662 
     E. STATE 95828 
     F. SANAA 1570 
     G. SANAA 04 2946 AND PREVIOUS 
 
Classified By: DCM Nabeel Khoury for reasons 1.4 b and d. 
 
1. (C) DCM delivered ref A and B notifications of Yemeni GTMO 
detainees scheduled to come before the Administrative Review 
Board (ARB) on August 2 to Deputy Foreign Minister Mustafa 
Noman, along with ref C demarche points "speaking out about 
GTMO and detainees." 
 
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NECs Welcome Anytime, But... 
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2. (C) Noman told DCM that the ROYG was prepared to accept 
the return of a Yemeni detainee determined by the ARB to be a 
non-enemy combatant (NEC) as requested in ref D.  As for 
other potential transfers of Yemenis from GTMO, including 
those listed in ref E request, the ROYG remains reluctant to 
accept their return under the conditions presented (in ref E). 
 
3. (S) Noman said that he had consulted with the security 
authorities that would be responsible for detention and 
investigation of these individuals "to determine whether or 
not they continued to pose a threat to the U.S. or its 
allies" (ref E).  Security officials share the same concerns 
of the MFA (ref F).  If detention and investigation of these 
returnees reveal that they have not violated Yemeni law, it 
will cause a bilateral problem when we release them, 
explained the DFM.  This is a situation the ROYG prefers to 
avoid. 
 
4. (S) ROYG release of security detainees over strong U.S. 
objections has been an issue of contention between Yemen and 
the U.S. in the past, so much so that senior USG officials 
have intervened directly with President Saleh with mixed 
results. 
 
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ROYG Wants USG Assurances 
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5. (S) Pointing to the issues that arose over Ramadan 2004 
releasees (ref G), Noman asked if it was possible for the USG 
to provide assurance to the ROYG that it will not object 
should GTMO returnees be released following initial detention 
and investigation.  The DFM implied that resolution of this 
issue without such assurances was unlikely. 
Krajeski