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OO RUEHDBU
DE RUEHBUL #3297/01 2070853
ZNY CCCCC ZZH
O 260853Z JUL 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1520
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
RUEHZG/NATO EU COLLECTIVE
RHEHAAA/NSC WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RUEKJCS/OSD WASHDC
RUEKJCS/SECDEF WASHINGTON DC
RUEKJCS/JOINT STAFF WASHINGTON DC//JF/UNMA//
RUEKJCS/JOINT STAFF WASHINGTON DC//J3//
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHMFISS/HQ USCENTCOM MACDILL AFB FL
RUMICEA/JICCENT MACDILL AFB FL
RHMFISS/COMSOCCENT MACDILL AFB FL
RUEATRS/DEPT OF TREASURY WASHDC
RUCNDT/USMISSION USUN NEW YORK 2701
RUEHNO/USMISSION USNATO 2845
RUEHGV/USMISSION GENEVA 6170
RUEHUNV/USMISSION UNVIE VIENNA 1529

C O N F I D E N T I A L SECTION 01 OF 03 KABUL 003297 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR SCA/FO DAS GASTRIGHT, SCA/A, S/CRS, SA/PB, S/CT, 
S/WCI, L/PM 
NSC FOR AHARRIMAN 
OSD FOR BREZINSKI, DETAINEE AFFAIRS 
CENTCOM FOR CFC-A, CG CJTF-76, POLAD 
 
E.O. 12958: DECL: 7/24/2016 
TAGS: PREL KWCR PHUM AF
SUBJECT: DETAINEE DELEGATION MEETINGS FOCUS ON BTIF, PTS 
TRANSFERS, LEGAL FRAMEWORK STATUS 
 
REF: KABUL 2802 
 
Classified By: Deputy Chief of Mission Richard Norland for reasons 1.4( 
b),(d). 
 
¶1. (C) Summary:  In July 23 meetings, a Washington- 
based detainee affairs delegation from the 
Departments of Defense and State discussed the 
status of detainee operations with ICRC 
representatives, members of the Afghan interagency 
working group, and political-military officers from 
ISAF command and member countries.   The ICRC 
Country Director praised the material conditions at 
the BTIF and noted substantial improvement in the 
handling of detainees throughout the process.  He 
said that ICRC believes that lack of clarity 
concerning their future status is a contributing 
factor to some detainees expressing increased 
feelings of stress.  ICRC strongly advocated in 
favor of sharing more information with the detainees 
and permitting family visits.  The delegation 
advised that the decision on family visits will be 
made in Washington and suggested that ICRC 
Afghanistan share its proposal with ICRC Washington. 
The group also encouraged the Coalition command to 
report through channels on any and all contributing 
factors related to implementing a family visit plan 
to ease this stress, including security, logistics, 
and financing.   The meeting with the Afghan 
interagency group focused primarily on next steps 
regarding the Guantanamo detainees to be transferred 
back to Afghanistan through the reconciliation (PTS) 
program.  Regarding the draft legal framework 
(reftel), while Ministry of Interior advisor Sabit 
said the document will be signed soon, post will 
engage at the highest levels of the NSC to make sure 
it is briefed to President Karzai, and will continue 
to follow up until it is signed.  End summary. 
 
ICRC Praise for BTIF 
-------------------- 
 
¶2. (C) In the ICRC meeting, Country Director Reto 
Stocker opened the discussion with visiting detainee 
delegation by saying that in ICRC,s view the 
material conditions of the Bagram Theater Internment 
Facility (BTIF) were very satisfactory.  He cited 
respect for religious belief and practice, quality 
of food, recreation opportunities, and medical 
facilities.  Stocker said that ICRC has made 105 
visits to BTIF since the facility was opened (one 
every seven to 10 days), and that many of ICRC,s 
original concerns have been addressed, particularly 
over the last two years.  He said that in only one 
of 52 recent interviews was there any complaint of 
"rough handling." (The one case they considered to be 
a relatively minor incident occurring at point of 
capture.)   He added that as far as ICRC can tell, 
detention procedure at firebases has improved 
dramatically.  Stocker underscored that respectful 
treatment in the earliest stages builds trust that 
can lead to later benefits. 
 
¶3. (C) Stocker did say that ICRC would be interested 
in receiving more information on the location of 
firebases, not because anyone from ICRC wanted to 
visit but because knowing the location of the 
 
KABUL 00003297  002 OF 003 
 
 
initial detention would help their assessment.  He 
said he realized there were security and operational 
considerations with regard to receiving this 
information. 
 
Additional Information for Detainees 
------------------------------------ 
 
¶4. (C) Stocker said that in ICRC,s view, the 
detainees at BTIF are showing increasing levels of 
stress and mental problems, leading to 
aggressiveness against both guards and ICRC 
visitors, due to their not receiving any information 
about "their fate."  CFC/SJA COL Supervielle noted 
that CFC-A has recently received authority to inform 
the detainees in general on the options that may be 
used in processing cases, and that CFC-A will do so 
once details have been worked out. 
 
Family Visits Request 
--------------------- 
 
¶5. (C) On the issue of family visits, Stocker made a 
strong pitch, saying that it would not only ease the 
mind of detainees, it would be a powerful tool 
against unfounded rumors of mistreatment that 
spread through the country, improve the reputation 
of the U.S. among the Afghan people, and help the 
GOA authorities who will be taking increasing 
responsibility for detainee operations.  He said 
that ICRC would be willing to substantially assist 
in the information-sharing and logistics required 
for these visits, including informing and 
registering the families in advance of the visit, 
and offering financial assistance, including 
transportation to and from Bagram Air Base.   COL 
Supervielle noted that a draft ICRC document 
detailing these arrangements is presently under 
review by CFC-A, and that CFC-A commander strongly 
supports family visits as he fully concurs with the 
IO benefits cited by the ICRC. 
 
¶6. (C) BTIF Commander COL Miller said that her staff 
will be building a facility on BAF outside of BTIF 
for the PTS program that could accommodate both GOA 
and family visits with detainees.  She said that she 
will work on ways to ensure that acceptable security 
standards are maintained. 
 
¶7. (C) The U.S. delegation representatives said that 
they would take this information back to Washington, 
while noting that the decision would be made at a 
high level in accordance with an array of policy 
issues.  They told Stocker that it would be helpful 
if ICRC Afghanistan could forward this commitment 
regarding financial and logistical support to the 
ICRC office in Washington, which has the lead in 
dealing with OSD/Detainee Affairs.  Stocker said 
that was a good suggestion and agreed to do so. 
CFC-A also agreed to send back additional 
information, particularly regarding security 
arrangements, once it has been developed in country. 
 
NDS Facilities 
-------------- 
 
¶8. (C) On a separate subject, Stocker noted that, 
 
KABUL 00003297  003 OF 003 
 
 
while he was not able to comment in detail in order 
to maintain ICRC,s confidentiality, the National 
Directorate of Security (NDS) has made faster 
progress than other ministries (notably Ministry of 
Justice) in developing standards and procedures.  He 
also noted that NDS appeared less corrupt than other 
ministries.  Stocker said that ICRC has a good 
working relationship with NDS under its present 
Director General, Amarullah Saleh. 
 
Afghan Interagency Group and Immediate Next Steps 
--------------------------------------------- ---- 
 
¶9. (C) The Washington-based delegation met over 
lunch with the Afghan interagency team that had 
traveled to Guantanamo Bay to interview the 
detainees held there.  It was a cordial meeting in 
which both sides reiterated their pledge to bring 
this task, agreed upon by both countries, 
presidents, to successful conclusion.  Detailed 
discussion centered around the modalities for the 
transfer of the first two tranches of Guantanamo 
detainees back to Afghanistan to be handled under 
the reconciliation (PTS) process.  A final list of 
51 individuals that the GOA is requesting be 
transferred back through PTS has been finalized and 
will be forwarded by Embassy to Washington upon 
receipt.   Discussion also included the timing and 
modalities of GOA access to Afghan detainees at 
Bagram in preparation of their transfer to the GOA. 
 
¶10. (C) DOS/L Pelofsky queried Ministry of Interior 
legal advisor Sabit regarding the status of the 
draft legal framework that would provide a mechanism 
for determining the disposition of detainees 
transferred from Guantanamo/Bagram or taken off the 
battlefield and handed over to GOA (reftel).  Sabit 
said that the draft had been finalized and should be 
approved "soon."  (Note:  Embassy and CFC-A have 
heard that the document may be stuck within the GOA. 
Ambassador raised the issue with Minister of Defense 
Wardak on the evening of July 23 - Wardak said that 
National Security Advisor Rassoul had the lead. 
Post will follow up with Rassoul over the next 
several days.  Once the document has been briefed to 
President Karzai, Ambassador will raise the issue 
with him at the appropriate time.  End note.) 
 
Arrangements by ISAF Nations 
---------------------------- 
 
¶11. (C) Finally, the group met with pol-mil 
representatives of ISAF countries operating in the 
south - Canada, UK, the Netherlands, and Australia - 
as well as the ISAF Acting POLAD and Legal Advisor, 
to discuss those countries, arrangements for dealing 
with combatants taken off the battlefield in light 
of the 96-hour rule required by most of these 
countries.   While there were no taskings to come 
out of the meeting, it was informative in showing 
the difficulties these countries face when dealing 
with this issue, in the absence of a GOA facility 
and an adequately trained guard force. 
 
¶12. (U) The visiting delegation has cleared this 
cable. 
NEUMANN