US embassy cable - 05BAGHDAD4144

UNCLAS BAGHDAD 004144 
 
SIPDIS 
 
SENSITIVE 
 
THIS CABLE IS SENSITIVE, ALBEIT UNCLASSIFIED, AND IS NOT 
SUITABLE FOR INTERNET DISTRIBUTION. 
 
E.O. 12958: N/A 
TAGS: PHUM, PINS, PTER, IZ, AU, Detainees 
SUBJECT: AUSTRALIAN DETAINEE RELEASED FROM COALITION 
CUSTODY IN IRAQ 
 
1.  (SBU) Australian national Ahmed Aziz Rafiq was 
released from MNF-I custody on October 7, 2005. Mr. 
Rafiq was originally detained by Coalition Forces on 
May 27, 2004 on suspicion of involvement in terrorist 
activity, and was held as a security internee. His 
case was reviewed on November 7, 2004 and March 20, 
2005 by the Iraqi-majority Combined Review and Release 
Board; the Board found on both occasions that Mr. 
Rafiq presented an imperative threat to security, and 
met the standard for detention set by UNSCR 1546. 
 
2.  (SBU) Mr. Rafiq's case was referred to the Central 
Criminal Court of Iraq in August 2005. On September 
13, 2005, an Iraqi judge dismissed the case. (Note: 
"dismissal", under Iraqi law, indicates that the judge 
was insufficiently convinced of the defendant's guilt 
or innocence to convict or issue a "not guilty" 
verdict, but that no further legal action will be 
taken until or unless new evidence is introduced.) 
 
3.  (SBU) As a result of this court dismissal, MNF-I 
requested CENTCOM permission for Mr. Rafiq's release 
from Coalition custody; approval was received last 
week. (Although MNF-I is not legally compelled to 
release detainees acquitted or dismissed by Iraqi 
courts, as it maintains separate legal detention 
authorities, it is usual practice to consider these 
cases favorably for release.) 
 
4.  (SBU) Post informed the Australian Ambassador and 
Consul in Baghdad of Mr. Rafiq's impending release on 
October 5, 2005, and passed on MNF-I's offer to convoy 
Mr. Rafiq securely to the Australian Embassy in the 
International Zone. Both Australian officials noted 
that they preferred that Mr. Rafiq be allowed to make 
arrangements with his father in Baghdad for a private 
release, and the Australian Embassy contacted Mr. 
Rafiq's father on his behalf. Mr. Rafiq is legally 
free to depart Iraq at this time. 
Khalilzad