US embassy cable - 05ALGIERS2155

S E C R E T SECTION 01 OF 03 ALGIERS 002155 
 
SIPDIS 
 
STATE FOR S/WCI 
 
E.O. 12958: DECL: 10/19/2015 
TAGS: PTER, KAWC, PINR, PREL, AG, Guantanamo Detainees 
SUBJECT: MEETINGS IN ALGIERS ON GUANTANAMO DETAINEES 
 
Classified By: Ambassador Richard W. Erdman, 
for reasons 1.4 (b)(d). 
 
SUMMARY AND COMMENT 
-------------------- 
 
1.  (S) Ron Miller, Senior Adviser to the Ambassador-at-Large 
for War Crimes Issues, held meetings with officials from the 
MFA, Ministry of Justice, and Presidency officials October 18 
on issues related to the detention and repatriation of 
detainees held at Guantanamo who claim to be Algerian. 
Miller said there were 25 such detainees.  Out of these, 
three were approved for repatriation, albeit with the need 
for assurances from the GOA on managing the threat posed by 
two of the three.  Once a mechanism for repatriating 
Algerians was established, the same procedures would be 
followed for future repatriations, which were bound to occur 
since the U.S. was pursuing a policy of aggressive 
repatriations.  Miller expressed regret that a scheduled 
visit to Guantanamo for Algerian officials two years ago had 
not gone forward as planned, but he extended an invitation 
for MFA, law enforcement, and intelligence officials to visit 
Guantanamo, help establish the nationality of the presumed 
Algerians, and provide any other information relevant to the 
repatriation process.  Miller provided a sample diplomatic 
note containing the assurances sought by the U.S. before 
repatriations could begin, furnished intelligence on the 
presumed Algerian detainees, and provided all the 
biographical data the U.S. possessed on them. 
 
2.  (S) Algerian officials welcomed Miller's visit but 
expressed regret that the U.S. had not worked more 
cooperatively earlier in addressing issues surrounding the 
Guantanamo detainees.  They stressed that the detainees' 
rights, dignity, and choices should be respected.  They 
wondered why the Algerians, whose Government cooperated 
closely with the U.S. in the war on terror, were not at the 
front of the line for repatriation.  They also asked for more 
details on what the detainees had done that led to their 
detention.  Ministry of Justice officials said it was 
possible that some Algerian detainees would be subject to 
prosecution in Algeria for their activities abroad.  Finally, 
GOA officials in all meetings underscored Algeria's interest 
in negotiating and ratifying a bilateral extradition treaty 
with the United States. In the meeting at the Presidency, the 
GOA pledged to study the materials provided by Miller and 
respond to the U.S. proposals as soon as possible. 
 
3.  (S) In our view, Miller's visit was helpful and 
well-received.  Much of its value was in making available to 
non-intelligence actors in the GOA information that the 
Algerian security services received in late 2002 but did not 
share with civilian ministries.  In this sense, Miller 
provided information that the GOA, save the security 
services, had long sought.  Post looks forward to working 
with Miller and S/WCI to resolve favorably the outstanding 
issues.  (End Summary and Comment.) 
 
MEETINGS AT MFA, JUSTICE, AND PRESIDENCY 
---------------------------------------- 
 
4.  (S) In separate October 18 meetings with the MFA, 
Ministry of Justice, and Presidency, Senior Adviser to the 
Ambassador-at-Large for War Crimes Issues Ron Miller 
presented an overview of Guantanamo detainee issues, focusing 
on the U.S. request for immediate repatriation of three 
Algerian detainees.  Miller, accompanied by DCM and PolEc 
Chief, also responded to questions from GOA officials. 
Director General of Consular Affairs Hacene Rebehi led the 
Algerian delegation at the MFA.  At Justice, Miller met with 
Mohamed Amara, Director of Human Rights.  Presidential 
Counselor on Counter-Terrorism Mohamed Kamel Rezag Bara, 
flanked by representatives of MFA and the Presidency, hosted 
Miller at the Presidency. 
 
OVERVIEW OF DETAINEES PRESUMED TO BE ALGERIAN 
--------------------------------------------- 
 
5.  (S) Miller, who thanked the GOA officials for their warm 
welcome and expressed appreciation for their willingness to 
receive him during Ramadan, explained in his meetings that 
the U.S. was holding 25 individuals who claimed Algerian 
citizenship, three of whom were approved for transfer or 
release.  While the U.S. was not certain in each and every 
case that the claims of citizenship were valid, we were 
convinced that the three individuals identified for transfer 
or release were Algerian citizens.  Miller noted the U.S. had 
already repatriated 251 detainees from Guantanamo, including 
five Moroccans, an Egyptian, a Tunisian, and a Libyan.  Two 
more Moroccans would soon be repatriated. 
 
6.  (S) The Algerian ready for release, Boucetta Fethi, did 
not meet the criteria as an enemy combatant.  The other two 
were ready for repatriation provided that the GOA provided 
the U.S. with certain guarantees.  Miller described the 
processes in place at Guantanamo to assess violations of law 
by detainees as well as their value to intelligence efforts. 
Stressing that the U.S. did not want to hold the detainees 
longer than necessary and that we were obliged under the 
Geneva Convention to return the detainees to their country of 
citizenship if they no longer posed a significant threat, the 
U.S. sought to repatriate detainees once it was established 
that legal proceedings against the detainee could not be 
pursued, the individual could provide no further exploitable 
intelligence, and the detainee's threat to the U.S. and the 
international community was manageable.  While the U.S. 
pursued a policy of aggressive repatriation, such 
repatriations had to occur in a safe, organized manner so 
that the receiving states could manage the risk posed by 
these individuals. 
 
NEED FOR ALGERIAN ASSURANCES BEFORE REPATRIATION 
--------------------------------------------- --- 
 
7.  (S) Miller underscored that if the GOA consented to the 
repatriation of Fethi, he could be released very quickly. The 
U.S., though, would require assurances from Algeria for the 
other two Algerians ready for repatriation, as had been 
requested of and granted by numerous countries, including 
North African and Middle Eastern countries.  The U.S. sought 
assurances via diplomatic note that the receiving government 
would take responsibility for managing the threat posed by 
the repatriated individual, treat the subject humanely, and 
provide some form of access if the need for further 
questioning for intelligence purposes arose in the future. 
The U.S. deferred to the receiving country on issues of 
surveilling, holding in custody, or pursuing judicial 
proceedings against the repatriated person.  Once a mechanism 
of providing assurances was in place bilaterally with 
Algeria, future repatriations from Guantanamo would be 
handled in the same manner.  Miller stressed that as the 
Administrative Review Boards completed their assessments of 
all detainees, the current timeline for which was late 2005, 
it was probable that more presumed Algerians would be 
approved for repatriation. 
 
INVITATION EXTENDED FOR DELEGATION TO VISIT GUANTANAMO 
--------------------------------------------- --------- 
 
8.  (S) It would be useful to both the U.S. and Algeria, said 
Miller, if Algerian law enforcement, intelligence and MFA 
officials could interview the presumed Algerians at 
Guantanamo and establish their nationality and provide any 
other information relevant to the repatriation process. 
Miller noted that an invitation extended to the GOA a couple 
of years ago did not result in a visit due to some 
misunderstandings.  Miller expressed regret for any 
misunderstandings and offered to expedite a visit to 
Guantanamo for Algerian officials as soon as the GOA was 
ready.  Miller said an Algerian visit to Guantanamo, like 
visits from delegations of other countries, was of value for 
purposes of ascertaining the nationality of detainees, 
establishing the threat that the detainee posed to the 
international community, as well as examining bases for 
criminal investigations and proceedings. 
 
9.  (S) In the meeting with MFA, Miller provided intelligence 
information releasable to the GOA on the Algerian detainees, 
and in all his meetings he provided the biographical 
information that presumed Algerian detainees had furnished to 
Guantanamo staff.  In his meeting at the Presidency, Miller 
provided a sample diplomatic note outlining the assurances 
sought by the U.S. prior to the repatriation of detainees. 
Miller referred to all the above documents in every meeting 
and stressed with his interlocutors that he and the U.S. were 
being completely transparent in sharing information with the 
GOA. 
 
GOA REACTION:  WE DESERVED BETTER TREATMENT 
------------------------------------------- 
 
10.  (S) Algerian officials in all meetings with Miller 
universally expressed regret that they had not received 
months earlier the information Miller provided and that the 
U.S. had not worked more cooperatively earlier in addressing 
these issues.  They also expressed that Algeria took 
seriously its responsibilities for its citizens detained 
anywhere in the world.  In cases where Algerians held more 
than one nationality, GOA officials said the choice of the 
individual to choose the country of repatriation should be 
respected.  Asked about the six Algerians who hold dual 
nationality with Bosnia, Miller said those detainees were not 
yet approved for repatriation, but since all of them had 
expressed a preference to return to families in Bosnia, and 
Bosnia agreed to receive them, if they were approved for 
release they would be returned to Bosnia absent an objection 
from the GOA. Rezag Bara said Algeria did not object to their 
return to Bosnia provided the decision was made of the 
detainees' free will.  Algerian officials would need to 
verify their wishes in any visit to Guantanamo.  With regard 
to visiting Guantanamo, the Algerians indicated interest but 
were non-committal, leaving the impression this would be 
decided at a higher level. 
 
ALGERIA DESIRES BILATERAL EXTRADITION TREATY WITH U.S. 
--------------------------------------------- --------- 
 
11.  (S) GOA officials all stressed that the detainees' 
rights, dignity, and choices should be respected.  They also 
asked for more details on what the detainees had done that 
led to their detention, noting that Algeria was in the 
process of drafting implementing legislation on Bouteflika's 
National Reconciliation Plan, approved by the voters 
September 29, and that some of the detainees might benefit 
from provisions aimed at terrorists who agreed to lay down 
their arms.  Ministry of Justice officials said it was 
possible that Algerian detainees, once returned, would be 
subject to prosecution in Algeria for their activities 
abroad.  Finally, GOA officials in all meetings underscored 
Algeria's interest in negotiating and ratifying a bilateral 
extradition treaty with the United States. 
 
ISSUES UNDER STUDY WITH GOAL OF SPEEDY RESPONSE 
--------------------------------------------- -- 
 
12.  (S) In the MFA meeting, Rebehi said the GOA had the 
feeling the Algerians were in the back of the line when it 
came to release, and he wondered why the Algerians, whose 
Government he noted cooperated closely with the United States 
in the war on terror and who knew first hand the savagery of 
terrorism, were not at the front of the line.  In response, 
Miller said the lack of cooperation from the detainees 
presumed to be Algerian was a major contributing factor to 
the delay.  It was hard for investigators at Guantanamo to 
make an assessment of nationality in cases where the 
detainees refused to talk.  Miller emphasized again the 
utility of a visit by an Algerian delegation, since it was 
our experience that detainees conversed more readily with 
investigators from their own country.  In the meeting at the 
Presidency, Rezag Bara said the GOA would study the materials 
provided by Miller and respond to the U.S. proposals as soon 
as possible. 
 
13.  (U) S/WCI Senior Adviser Miller did not clear this 
message. 
 
ERDMAN