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### Viewing cable 07ALGIERS652, ALGERIANS OFFER NEARLY ALL ASSURANCES NEEDED FOR

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
07ALGIERS652 | 2007-05-13 09:41 | 2010-12-03 21:30 | SECRET | Embassy Algiers

`

    VZCZCXYZ0003
    PP RUEHWEB

    DE RUEHAS #0652/01 1330941
    ZNY SSSSS ZZH
    P 130941Z MAY 07
    FM AMEMBASSY ALGIERS
    TO RUEHC/SECSTATE WASHDC PRIORITY 3595
    INFO RHEHAAA/NSC WASHDC PRIORITY
    RUEKJCS/SECDEF WASHDC PRIORITY

` `

    S E C R E T ALGIERS 000652

    SIPDIS

    SIPDIS

    E.O. 12958: DECL: 05/11/2017
    TAGS: PREL PTER PINR KAWC PHUM AG
    SUBJECT: ALGERIANS OFFER NEARLY ALL ASSURANCES NEEDED FOR
    RETURN OF GTMO DETAINEES

    REF: 2005 ALGIERS 2155

    Classified By: Ambassador Robert S. Ford, reasons 1.4 (b,d)

    ¶1. (S) SUMMARY: In April 21-22 discussions led on the
    Algerian side by Counselor to the President for
    Counterterrorism Issues Kamel Rezag Bara, the government of
    Algeria gave oral assurances to S/WCI Ambassador Williamson
    and an interagency delegation to establish the terms for the
    transfer of Algerian detainees from the U.S. Naval Base at
    Guantanamo to Algeria. A working group consisting of members
    of both delegations encapsulated these oral assurances in
    written minutes of the meetings, which Williamson and Rezag
    Bara initialed at the end of the two-day dialogue. The
    meetings and their output produced sufficient assurances to
    permit the repatriation of the seven Algerian detainees
    scheduled for transfer, except with respect to ensuring that
    these individuals would not pose a security risk to the U.S.
    or international community. The Algerian delegation
    indicated that it took seriously its obligations, but that
    Algerian security services balked at providing such
    guarantees in the written meeting minutes.

    ¶2. (S) SUMMARY (CONT'D): Ambassador Williamson explained to
    Rezag Bara that we sought maximum effort from the security
    services, understanding that there could be no solid
    guarantees. Nonetheless, Rezag Bara said the security
    assurances in writing sought by the U.S. on Algerian
    responsibility for transferred detainees and potential travel
    restrictions after their repatriation could not be given
    without consulting the highest levels of the Algerian
    government. In exchange for receiving additional time (until
    May 31) to coordinate on these outstanding points, Rezag Bara
    and the Algerian delegation agreed to the earliest possible
    transfer of detainee Sofiane Haderbache, who suffers from
    mental illness and for whom the U.S. does not require
    security assurances. At the close of the bilateral
    discussions, both sides agreed that the remaining assurances
    would be worked out between the Algerian and U.S. delegations
    through Embassy Algiers. End Summary.

    COURTESY CALL ON FM BEDJAOUI
    ----------------------------

    ¶3. (S) S/WCI Ambassador at Large J. Clint Williamson and an
    interagency team consisting of Christopher Camponovo (NSC),
    Jay Alan Liotta (DoD), Andrew Morrison (S/WCI), and Vijay
    Padmanabhan (State L) sought assurances from the government
    of Algeria during April 21-22 discussions that would permit
    the return to Algeria of Algerian nationals detained at
    Guantanamo who have been approved for transfer. Williamson
    opened the visit with a courtesy call on FM Bedjaoui during
    which he delivered a letter from Secretary Rice seeking
    Bedjaoui's assistance in providing the Algerian government
    assurances necessary for the transfers. Williamson also
    explained the process by which the U.S. made decisions on
    transferring detainees out of Guantanamo, including the 25
    Algerians on the naval base.

    ¶4. (S) Noting Algerian reluctance to enter into an exchange
    of diplomatic notes offering assurances on security and
    humane treatment of transferred detainees, Williamson told
    Bedjaoui he and his team could work with their Algerian
    counterparts to record the necessary assurances in signed
    minutes of their discussions. The end goal, stated
    Williamson, was to find an arrangement that both fulfilled
    the Administration's policies and satisfied the Algerian
    government. Bedjaoui responded that the Algerian team would
    accommodate Williamson and his team, adding that signed
    minutes were a better vehicle for conveying the necessary
    assurances than an exchange of diplomatic notes. The FM
    observed that the travaux preparatoires for the UN Charter
    are as important as the Charter itself.

    DISCUSSIONS WITH ALGERIAN INTERAGENCY
    -------------------------------------

    ¶5. (S) The Algerian delegation led by presidential
    counterterrorism Counselor Kamel Rezag Bara included
    representatives from the Presidency, Ministry of Interior,
    National Police, security services, Ministry of Justice, and
    the Ministry of Foreign Affairs. The senior MFA official
    present was Director General for Consular Affairs Hassane
    Rabehi. The U.S. representatives (paragraph 3) also included
    Ambassador Ford and PolEc Chief. Ambassador Williamson noted
    that the Algerians were a valued partner in counterterrorism
    cooperation and gave an overview of U.S. policy on Guantanamo
    detainees, explaining that the U.S had determined that seven
    Algerian detainees were eligible for transfer. He emphasized
    our need for commitments concerning humanitarian treatment
    for returned detainees and assurances that persons

    transferred do not re-engage in terrorist activity before
    their transfer to Algeria could be effected.

    ¶6. (S) Rezag Bara said Algeria encouraged the U.S. to close
    the Guantanamo detention facility, since its operation
    created image problems for the U.S. among its friends around
    the world. The GOA, he continued, understood the need for
    investigations at Guantanamo on the detained individuals and
    supported a resolution of all Algerian detainee cases. Rezag
    Bara said the Algerian delegation understood what kinds of
    assurances and commitments the U.S. side sought and hoped to
    provide them in the course of their bilateral discussions.
    The presidential counselor stressed the Algerian need to
    ensure that any transferred detainees, unless previously
    arrested or charged in Algeria, were returning to the country
    by their own choice. Finally, he noted that Algerian law
    criminalized terrorist acts committed outside Algeria, even
    if Algeria was not a target of the activity. In this regard,
    the U.S. delegation should expect the Algerian government to
    pursue investigations and charges for returned detainees.
    From its own experience with terrorism, Rezag Bara told
    Williamson, Algeria would take all measures possible to
    prevent re-engagement of the returned detainees in terrorist
    activity.

    LIMITS ON FOREIGN TRAVEL
    ------------------------

    ¶7. (S) Williamson responded that he saw very few differences
    in approach between the two sides. Algeria's taking steps to
    control detainees and keep them from returning to terrorism
    would be sufficient for the U.S. Williamson made clear we
    were not asking Algeria to detain or incarcerate the returned
    detainees; it was sufficient for us to receive confirmation
    that the transferred detainees would be treated in accordance
    with Algerian law and international conventions. DoD's
    Liotta expressed appreciation for the Algerian readiness to
    accept responsibility for what would be in all cases medium-
    or high-threat detainees. He asked if based on Algerian
    review of the detaineesQ, case files there was the likelihood
    of prosecution. Liotta also inquired what measures could be
    taken to limit the foreign travel of returned detainees.

    ¶8. (S) To Liotta's first point, the justice ministry
    representative responded that an investigative judge would
    review facts related to the cases if the detainees once they
    were returned. It would be up to the judge to determine
    whether charges would be filed. Rezag Bara added that as
    part of this judicial review process, the U.S. and other
    third parties could submit evidence for the judge to
    consider. The national police representative, for his part,
    briefed that under Algerian law "convicted and subversive
    persons" lose the right to a passport and are subject to
    additional surveillance. Liotta requested further precision
    about non-convicted persons, since most Algerian detainees
    fell into this category. Rezag Bara clarified that the
    passport was lifted for all convicted persons. Persons who
    "otherwise present a threat but retain a passport" may be
    administratively prevented from leaving Algeria regardless of
    their passport status, said Rezag Bara. He added that both
    judicial and security service reviews of the detainees' files
    would be undertaken following their return.

    CASE OF SOFIANE HADERBACHE
    --------------------------

    ¶9. (S) Williamson noted that one of the seven detainees whom
    the U.S. sought to transfer to Algeria did not pose a
    security threat and no security assurances were necessary in
    his case. Sofiane Haderbache, said Williamson, had suffered
    a gunshot wound to the head in Afghanistan. As a result,
    this detainee had degenerative brain damage and would require
    extensive medical care for the duration of his life.
    Williamson indicated that the U.S. sought to return this
    detainee quickly, since we believed the mental health
    treatment and attention he required would be well provided in
    Algeria, where Haderbache could be near family and friends
    and receive mental health care in his own language and
    culture. Asked how the Algerians would address Haderbache's
    mental incapacity, Rezag Bara retrieved the case file.
    Reading from it, Rezag Bara noted that Haderbache had one
    outstanding traffic violation but otherwise had no legal
    entanglements. He said the GOA was fully aware of his unique
    medical requirements and was prepared to provide Haderbache a
    psychological and medical evaluation and treatment in an
    appropriate facility upon his return.

    HUMANE TREATMENT AND ICRC ACCESS TO ALGERIAN PRISONERS
    --------------------- ------------------- --------------

    ¶10. (S) Bara had explained in his opening presentation that

    returned detainees would be fully protected by Algerian law
    and Algerian international human rights commitments.
    Returning to the other six detainees who posed a medium or
    high security threat, Williamson asked if third parties such
    as the International Committee of the Red Cross (ICRC) had
    access to prisoners in Algeria in the event that some of the
    returned detainees were held in penal facilities for a period
    of time. Rezag Bara responded that through intelligence
    channels the Algerian government could provide the location
    of government facilities in which any returned detainees
    would be held and questioned under the oversight of an
    investigative judge and the Ministry of Justice. The GOA, he
    continued, had no problem with making that information
    available or providing the ICRC access to the detainees under
    existing agreements between the ICRC and the Ministry of
    Justice. Rezag Bara added that ICRC personnel stationed in
    Tunis visited Algerian prisons on a monthly basis to assess
    conditions under which prisoners were held.

    ¶11. (S) In a separate meeting, Williamson met April 22 with
    Mohamed Amara, Director General of Juridical and Judicial
    Affairs at the Ministry of Justice. Amara noted as a point
    of pride the strong cooperation between his government and
    the ICRC, which he explained was critical to the reform of
    jails and prisons in Algeria. He elaborated that the ICRC
    regularly visited Algerian prisons. In response to a
    question from Williamson, Amara explained that the Algerians
    began allowing ICRC access to their detention facilities in
    the 1990s. The ICRC currently, said Amara, has freedom to
    move within Algerian prisons and have direct contact with
    prisoners. He added there are no restrictions on access or
    topics of conversation. According to Amara, AlgeriaQ,s goal
    in cooperating with the ICRC is to ensure that Algeria meets
    international standards of detention.

    DEVIL IN THE DETAILS
    --------------------

    ¶12. (S) Following the discussions between the two
    delegations, both sides assembled teams to prepare minutes of
    the conversations that would satisfy the U.S. need for
    assurances and the Algerian desire not to provide such
    assurances through the exchange of diplomatic notes. The
    final English-language version of the minutes, which appears
    in paragraph 13 below, was initialed April 22 by both heads
    of delegation along with the final French-language version.
    After protracted discussions led to an impasse on the
    inclusion in the minutes of two security-related points vital
    for the U.S. side, Ambassador Ford proposed working through
    Embassy Algiers to provide acceptable assurances to
    Washington by May 31. (Note: Without additional internal
    discussions, the Algerian security services could not be
    persuaded to lift their objection to including language
    confirming GOAQ,s responsibility for transferred detainees.
    End Note.) Rezag Bara stressed the security services were
    uncomfortable guaranteeing that no returned detainee would
    later leave Algerian territory or return to terrorist
    activity. Williamson emphasized that the U.S. was looking
    for 100-percent effort and understood no 100-percent
    guarantee is possible. If the Algerian authorities become
    aware that a detainee exited Algeria, we merely ask to be
    informed, stated Williamson. The points in question which
    did not appear in the final minutes at GOA request follow:

    -- The Algerian government has agreed to take responsibility
    for these persons in conformity with its legislation and its
    international obligations, and will take all necessary and
    appropriate measures in conformity with its legislation and
    its international obligations to prevent the transferred
    persons from becoming involved in or facilitating terrorist
    activities.

    -- In response to an expressed request of the American
    Government concerning the possibility of the restriction of
    the freedom to travel abroad of the transferred persons, the
    Algerian Government indicated that measures of this nature
    will be taken only in the framework of legislative provisions
    in force.

    FINAL MINUTES AS INITIALED BY HEADS OF DELEGATION
    --------------------------------------------- ----

    ¶13. (S) BEGIN TEXT OF MINUTES:

    Mr. John Clint WILLIAMSON, Ambassador at Large for War
    Crimes Issues at the U.S. Department of State, conducted a
    working visit to Algiers from April 20 to 22, 2007,
    accompanied by a delegation composed of representatives from
    the Department of State, the Department of Defense and the
    National Security Council.

    During his visit, Mr. John Clint WILLIAMSON called on
    Mr. Mohammed BEDJAOUI, Minister of State, Minister of Foreign
    Affairs, to whom he delivered a letter from Secretary of
    State Condoleezza RICE.

    He was also received at the Ministry of Justice.

    A bilateral meeting bringing together delegations from
    the two countries (the members of which appear on the
    attached list) took place at Residence El Mithak on April 21
    and 22, 2007, under the chairmanship of Mr. Mohamed Kamel
    REZAG BARA, Counselor to the President of the Republic, and
    Mr. John Clint WILLIAMSON, Ambassador at Large for War Crimes
    Issues at the U.S. Department of State.

    The discussions concerned the situation of Algerian nationals
    detained at the U.S. Naval Base at Guantanamo.

    The Algerian Delegation and the American Delegation expressed
    their great satisfaction with the quality of relations that
    exist between the PeopleQ,s Democratic Republic of Algeria
    and the United States of America and with the perspectives
    for their expansion and strengthening.

    Both Delegations particularly expressed their joint will to
    reach a comprehensive settlement concerning the situation of
    Algerian nationals detained in the U.S. Naval Base at
    Guantanamo.

    This settlement can be finalized according to a timetable and
    practical modalities to be defined through discussions
    between the two Delegations by the end of May 2007.

    The Algerian Delegation indicated that it had no objection to
    the transfer of the Algerian nationals whose Algerian
    nationality is established, to Algeria or to another country
    of their choice.

    The Algerian Delegation stated that in all cases, its
    nationals will be brought before the national judicial
    authority, which will ultimately determine their status.

    The Algerian Delegation underscored that Algerian legislation
    criminalizes membership by any Algerian national in a
    terrorist organization abroad, even if acts committed are not
    directed against Algeria.
    With respect to the concerns expressed by the American
    Delegation about the treatment of the Algerian nationals
    after their return to Algeria, the two Delegations, after an
    exchange of information, agreed that these concerns are dealt
    with, at a political level, by the consistent commitment of
    Algeria to the fight against international terrorism and, at
    a legal level, by Algerian legislation as well as by virtue
    of the obligations assumed by Algeria in the framework of the
    different pertinent international conventions to which it has
    adhered, notably the Universal Declaration of Human Rights,
    the Convention against Torture and Other Cruel, Inhuman or
    Degrading Treatment or Punishment, and the International
    Convention on the Elimination of All Forms of Racial
    Discrimination, as well as the body of international
    instruments relating to human rights and the arrangements
    concluded with the ICRC.
    Within the framework of relevant UN Security Council
    Resolutions for combating terrorism, particularly UNSCR
    1373/01, the two Delegations decided to reinforce their
    cooperation through necessary and appropriate measures,
    notably through the exchange of information and intelligence,
    with the goal of preventing these persons from being able to
    become involved in terrorist activities.

    Taking account of the preceding, the two Delegations accepted
    the principle, as a first step, upon the agreement of
    practical modalities, of the transfer of detainees whose
    names are as follows:

    - TRARI Mohamed
    - FEGHOUL Abdelli
    - HAMLILI Mustapha
    - ABBAR Houari
    - GHALLAB Bachir
    - HADJ-ARAB Nabil

    Due to his health condition, Sofiane HADERBACHE is to be
    transferred as soon as possible.

    END TEXT.

    ¶14. (U) Ambassador Williamson and his delegation have cleared
    the text of this message.
    FORD

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