US embassy cable - 05TRIPOLI285

S E C R E T  TRIPOLI 000285 
 
 
STATE FOR NEA/MAG AND S/WCI 
 
E.O. 12958: DECL:  12/18/2015 
TAGS: PREL, PTER, KAWC, LY 
SUBJECT: GUANTANOMO DETAINEES:  LIBYANS PROVIDE DIPNOTE RESPONSE 
 
REF: A) TRIPOLI 623  B) STATE 194752 
 
CLASSIFIED BY: Ethan A. Goldrich, Deputy Principal Officer, USLO 
Tripoli, State. 
REASON: 1.4 (b), (d) 
 
1. (S) We received a draft MOU in response to reftel dip note 
regarding the proposed transfer of Libyan national, Abdul Rauf 
Omar Mohammed Abu Al Qusin,also known as Abu Abdul Rauf Zalita 
to the exclusive custody and control of the Government of Libya, 
under circumstances satisfactorily confirmed in an exchange of 
diplomatic notes between the USG and Libyan government that will 
ensure he will not pose a continuing threat to the USG or the 
GOL.  The MOU was provided in Arabic and the text of the USLO 
translation is in para 5. 
 
2. (C) The draft MOU addresses USG concerns that the individual 
be treated humanely and in accordance with the laws and 
international obligations of Libya.  It also addresses the issue 
of providing confirmation that the GOL is abiding by its 
commitments by referencing a "Watchdog Committee." 
 
3. (C) However, it does not provide any of the other written 
guarantees the USG has requested.  The draft MOU lacks any 
written guarantee that Libya will take necessary steps to ensure 
that the individual does not engage in or facilitate terrorist 
activity and thus continue to pose a threat to the international 
community, Libya and the United States. Neither does the draft 
MOU include any written guarantee that the USG would continue to 
have access to the individual or any intelligence obtained 
during investigation, prosecution or surveillance of the 
individual.  The Preamble to the draft MOU states that the 
guarantees are provided in the context of the global war on 
terrorism and intelligence exchanges, but this falls short of 
the written guarantees requested by the USG. 
 
4. (S) On several occasions since November 14, we have asked the 
Libyan MFA (GPFLIC) to explain the deletion of language from the 
draft we provided on October 27.  They eventually told us that 
COM may receive an explanation in an as yet unscheduled meeting 
with the head of the External Security Organization (ESO).  We 
will report any further explanation we receive. 
 
5. (C) Begin text of unofficial USLO translation of MOU and 
attached Note Verbale: 
 
The Great Socialist People's Libyan Arab Jamahiriya 
The General People's Republic 
For Foreign Liaison and International Cooperation 
Note Verbale 
 
The General People's Secretary for Foreign Liaison and 
International Cooperation (General Office for the Americas) 
presents its compliments to the USLO in the Great Jamahiriya: 
 
And has the honor to enclose herewith a draft Memorandum of 
Understanding between the General People's Secretary for Foreign 
Liaison and International Cooperation in the Great Jamahiriya 
and the US Department of State as regards with the assurances 
provided relating to the transferred people. 
 
The General Office for the Americas requests from the esteemed 
USLO to relay the draft to the relevant entities in the US to 
examine and express their views thereof. 
 
The General People's Secretary for Foreign Liaison and 
International Cooperation (General Office for the Americas) 
avails itself of this opportunity to renew to the esteemed USLO 
its highest considerations. 
 
(Seal of the General People's Secretary for Foreign Liaison and 
International Cooperation) 
 
To: USLO 
Tripoli: November 14, 2005 
 
Draft Memorandum of Understanding 
Between the General People's Secretary for Foreign Liaison and 
International 
Cooperation in the Great Socialist People's Libyan Arab 
Jamahiriya 
And 
The US Department of State 
As regards the assurances provided relating to the transferred 
people. 
 
Preamble: 
 
Within the framework of combating terrorism, exchanging of 
security information between the Specialized Security Entities 
in both countries, and promoting the international efforts in 
the field of Global War waged by the world to put an end to 
 
terrorism and terrorists wherever they are, and whatever their 
nationalities or their origins, and facilitating the process of 
exchange and handing over of individuals indicated in terrorist 
crimes or suspected of engaging in such crimes, 
 
Both parties have agreed to the following: 
 
Article One 
 
Definitions: 
1-Forwarding country: is the country which has a terrorist 
individual or suspect of having relations to terrorist actions, 
not of its nationals holding its citizenship, and who it wishes 
to deport outside its territories. 
 
2-Receiving country: is the country which accepts to receive the 
deported individual - whether he/she holds its citizenship or 
not, or it is his/her place of residence - or any other national 
from another country both parties agreed to deport and receive. 
 
3-Assurances: are the rights and commitments requested by the 
deporting country (forwarding country) from the receiving 
country for the benefit of the (deportee) as of treatment, 
accommodation, investigation, trials, arrest, imprisonment, 
enforcement of prison sentences, and the compliance with the 
human rights principles and so forth of rights that respect the 
humanity of the individual. 
 
4-Requests: are the requirements presented by the forwarding 
country through its Department of State to the receiving country 
via its Ministry of Foreign Affairs, or what is covered through 
the diplomatic channels as usual in relation to the subject 
matter of this memorandum, and the written response from the 
receiving country to the forwarding country as regards the 
receipt of the (deportee) as soon as possible. 
 
5-The Watchdog Committee: a group of people having 
qualifications in law, psychology and social fields of 
specialization to be chosen equally from both countries. 
 
Article Two: 
If the deported individual has been previously tried, indicted 
and sentenced in absentia by the receiving country, his/her 
judgment in absentia will be nullified as soon as he/she is 
deported and arrives at its territories. And procedures of 
his/her retrial is to be resumed. 
 
Article Three: 
The receiving country guarantees, within reach of its national 
laws, not to execute the capital punishment, if it was 
pronounced in a final verdict against the deportee. 
 
Article Four: 
When one of the entities (organs) of the receiving countries 
arrests the deportee, or commits him/her to jail, this will be 
done according to laws in vigor, and in locations where healthy 
conditions, and proper food are provided, and his/her treatment 
will be suitable and humane, in line with the international 
customary rules. 
 
Article Five: 
When one of the state organs arrests the deportee in the 
receiving country, he/she will be immediately notified as of the 
reason of his/her arrest, and the charges leveled against 
him/her. The arrested person shall have the right to contact 
his/her attorney immediately. 
 
Article Six: 
Any one of the State security organs that undertakes the arrest 
of the deportee, shall undertake to refer him/her to the 
specialized office of the attorney general within the limited 
period stipulated by the law. 
 
Article Seven: 
There shall be no constraints or obstacles for the deported 
person to use his/her right, in the receiving country, to 
contact the Watchdog Committee. 
 
Article Eight: 
The deportee shall have the right, in the receiving country, to 
practice his/her own religious rituals whether in confinement or 
outside. 
 
Article Nine: 
Should the deportee be indicted in the receiving country with 
any criminal charges, he/she will be tried in front of the 
specialized courts and to provide him/her with all the necessary 
assurances (fair trial, public hearings, and an attorney to 
plead for him/her in case he/she does not have his/her own 
chosen attorney, and to allow him to prepare his/her challenges, 
to call his/her own witnesses, as well as to be informed about 
the contents of all the case files. And he/she shall have the 
right to appeal the verdicts and to repeal them up to the level 
of the Supreme Court). 
 
 
Article Ten: 
In the receiving country, verdicts in any criminal cases are 
pronounced against the deportee in public.  Audience and media 
can be kept away from part or all of the court proceedings, and 
to prevent them from attendance, in observation of the public 
order, the public etiquette, and the national security. 
 
Article Eleven: 
Both countries shall have the right to withdraw from the present 
Memorandum, and in the time to be agreed upon when signing the 
provisions of this document.  However, all the rights and 
assurances given to the deportee in the receiving country shall 
remain in vigor. 
 
Article Twelve: 
The present document is drafted into two copies having the same 
binding legal effect one in Arabic, the other in English, and 
both copies shall be signed by the entrusted people. 
 
End Text. 
 
BERRY 
 
 
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