US embassy cable - 05ALGIERS2057

C O N F I D E N T I A L ALGIERS 002057 
 
SIPDIS 
 
DEPARTMENT FOR S/WCI AND NEA/MAG 
 
E.O. 12958: DECL: 10/04/2015 
TAGS: PTER, PREL, KAWC, AG, Guantanamo Detainees 
SUBJECT: AMBASSADOR RAISES GUANTANAMO DETAINEES WITH MFA 
SECRETARY GENERAL 
 
SIPDIS 
 
REF: A. ALGIERS 1867 
     B. ALGIERS 1438 
 
Classified By: Ambassador Richard W. Erdman, 
for reasons 1.4 (b) (d). 
 
1.  (C) During an October 3 meeting on other issues, 
Ambassador and Pol/Econ chief raised with MFA Secretary 
General Lamamra the U.S. desire to repatriate some Algerian 
detainees at Guantanamo.  Ambassador, noting an earlier 
conversation with FM Bedjaoui on the same subject (Ref A) and 
expressing appreciation for progress made in issuing travel 
documents to four non-Guantanamo detainees, informed Lamamra 
that we expected Ron Miller of S/WCI to visit Algiers the 
week of October 17 and hoped that he could discuss this issue 
with Lamamra and officials from the Ministry of Interior and 
the MFA Consular Directorate.  Ambassador suggested that it 
would also be useful for Miller to meet with the Director of 
Counter-Terrorism for the Presidency, and Lamamra concurred. 
 
2.  (C) Ambassador noted we had supplied biographical data on 
the three detainees approved for release, including 
information on their parentage, place of birth, date of 
birth, and the like that should satisfy the GOA's need to 
establish the subjects' Algerian citizenship.  It was clear 
to the U.S., added Ambassador, that the detainees in question 
were Algerian.  In order to avoid problems down the road, 
Ambassador impressed upon Lamamra the need for Algeria to 
accept the return of its citizens in conformity with 
Algeria's international legal obligation and cited the Miller 
visit as a good opportunity to move forward on this issue. 
 
3. (C) In contrast to Bedjaoui, a jurist and long-time 
President of the International Court of Justice in the Hague, 
Lamamra questioned whether Algeria really had an obligation 
to take back Algerians subject to criminal proceedings 
elsewhere.  The individuals should be placed on trial (and 
held) in the jurisdiction where their crimes were committed, 
he maintained.  Ambassador assured Lamamra that under 
international law, states were obliged to accept their 
citizens, noting that FM Bedjaoui had not disputed this 
point.  In response to a question, Ambassador said the United 
States had determined it would not put on trial the three 
Algerian Guantanamo prisoners we were asking Algeria to 
receive.  Ambassador also clarified that the three prisoners 
in question were separate from the dual national Algerians 
married to Bosnian women. 
 
4. ACTION: For subsequent discussions here, it would be 
helpful to have available relevant cites from binding 
international legal conventions concerning the obligation of 
states to receive their own nationals.  In this regard, 
during his planned mid-October visit, S/WCI Miller should 
also be prepared to discuss this point of law with SYG 
Lamamra, should there continue to be confusion regarding 
Algeria's responsibility to take back its own citizens. 
 
ERDMAN