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O 241656Z APR 08
FM AMEMBASSY RABAT
TO SECSTATE WASHDC IMMEDIATE 8466

C O N F I D E N T I A L RABAT 000370 
 
NOFORN 
 
FOR S/WCI AND NEA/MAG 
 
E.O. 12958: DECL: 04/24/2028 
TAGS: PHUM PINR PTER KDRG MO
SUBJECT:  TRANSFER OF MOROCCAN GTMO DETAINEE SAID 
BOUJJAADIA (PARTIAL ISN 150) 
 
REF: STATE 37199 
 
 Classified by Ambassador Thomas Riley for reasons 1.4 (b) 
and (d). 
 
¶1.  (C/NF) This is a coordinated mission message, with 
concurrence from all concerned agencies.  In response to 
queries reftel; (a) The GOM is prepared to receive the 
proposed transfer.  (b) The GOM has provided verbal 
assurances from a variety of sources including MFA Director 
of Bilateral Affairs Karim Halim (strictly protect) that the 
humane treatment, security and access assurances previously 
provided by the GOM, which have served as the basis for 
previous transfers to Morocco in October of 2006 and April of 
2007, will apply to the transfer of detainee BOUJJAADIA. 
Halim, the Counterterrorism and Political-Military Affairs 
Chief of the MFA is authoritative in conveying the 
continuation and renewal of previous high level assurances 
that were given  with respect to previous transfers.  Post 
assesses these assurances to be reliable.  Regarding point 
(c), approval to refuel after landing in Morocco is being 
worked through customary DATT channels, other logistic issues 
are being coordinated through appropriate USG counterparts. 
To the best of our information, all former transferees remain 
in Morocco; and there have been no issues regarding adherence 
to security or humane treatment assurances. 
 
¶2.  (C/NF) We assess the Government of Morocco (GOM) has 
handled the past transfers of detainees from GTMO as well as 
possible.  All appear to have received reasonable due 
process.  While we do not maintain consolidated formal 
records at post, we have tracked the situation of GTMO 
transferees, as the same questions are raised with each 
transfer.  Embassy has maintained formal contact with GOM 
through the Ministry of Foreign Affairs and has also been 
directly in touch with law enforcement/judicial personnel 
regarding transfers, and supplemented this monitoring with 
the best available information from GOM contacts, civil 
society and through the press, which on this issue is 
essentially unrestricted in its reporting.  The principal 
concern of the GOM regarding the transfers has been they do 
not want to see non-Moroccan detainees.  Previous missions 
have landed without non-Moroccans disembarking. 
 
¶3.  (SBU) USG information indicates that ten detainees were 
returned to Morocco.  All of them received legal due process, 
which itself is remarkable under the circumstances and is a 
sign of how far rule of law has evolved in Morocco.  Three 
were charged and sentenced and the rest were acquitted.  One 
of the three detainees convicted upon repatriation was 
imprisoned for a little over a year and then released when 
his conviction was overturned; the other two were convicted 
and have either been released or are serving sentences 
imposed in accordance with Moroccan law. Details noted below 
(para 7).  Two detainees who were released after repatriation 
were subsequently arrested and convicted on charges unrelated 
to their Guantanamo detention, we believe they may also have 
been freed by now.  Post is unaware of any allegations of 
mistreatment or abuse during any of the periods of detention. 
 Most of this information is also available in press 
accounts. 
 
¶4.  (C/NF) According to Moroccan officials, the principal 
reason the transferees are no longer detained is that the GOM 
has never received, as requested, any judicially appropriate 
evidence, records, or documentation that could justify the 
GOM convicting or even holding the referenced individuals. 
Such requests, from local prosecutors, were generally passed 
to the USG through LEGATT channels.   Without inculpating 
information, the GOM cannot hold the individuals beyond a 
limited investigatory period.  This in itself is good, from a 
human rights and democracy perspective.  The GOM has also 
apparently come to the conclusion that the individuals do not 
pose a direct present threat to Morocco.  Nonetheless, they 
have assured us that all are subject to ongoing monitoring. 
 
¶5.  (C/NF) We have never received any information that any of 
these detainees, released or not, have suffered abuse at the 
hands of the GOM.  We believe the GOM has been extra 
scrupulous concerning these individuals, as it is aware of 
the scrutiny applied to their cases.  Prior to previous 
transfers, we have informed the GOM that we base our decision 
to transfer on the humane treatment assurance provided by the 
Minister Delegate for Foreign Affairs and Cooperation on 
behalf of the GOM at a June 17, 2005 meeting with the U.S. 
Ambassador to Morocco; as well as assertions made by the 
Minister of Justice of Morocco in March 2005 that the ICRC 
would be able to visit detainees repatriated from GTMO.  On 
these previous occasions, the GOM indicated their 
understanding that the transfers will proceed based upon 
these understandings.  Again, these have proven adequate and 
to our knowledge, the GOM has not deviated from these 
commitments.  Based on our contacts with the GOM and ICRC, we 
have no reason to believe that the ICRC would not continue to 
have access to GOM facilities and will have access to any 
future detainee(s) transferred from GTMO.   On the contrary, 
the Moroccan prison system is becoming more transparent. 
Additionally, we are not aware of any of the previous 
transferees residing outside of Morocco. 
 
¶6. (C/NF) The Director of the Penitentiary Administration 
separately assured poloff on April 15, 2008 that prisoners 
would be fairly and humanely treated, according to Moroccan 
law, and assured they would receive due process.  We have no 
reason to question those assurances. 
 
¶7. (C/NF) Post,s List of Returnees and Status (note:matches 
reftel list) 
 
Returned 7/30/04 
Shakaran, Ibrahim Bin, (Ibrahim Benchekroun): charged 9/8/04, 
acquitted 1/06, convicted later with Rha cell (currently 
serving a sentence) 
 
Radwan, Al Shakouri, (Redouane Chakouri): charged 98/04, 
acquitted 1/06 
 
Mizouz, Mohammed, (Mazouz/Mzouz): charged 9/8/04, acquitted 
1/06, convicted later with Rha cell (currently serving a 
sentence) 
 
Ahmad, Abdullah Tabarak (Abdellah Tabarak): charged 9/8/04, 
acquitted 1/06 
 
Awzar, Mohamed Ibrahim (Mohamed Ouzar): charged 98/04, 
acquitted 1/06 
 
Returned 2/7/06 
 
Lahassimi, Najib Mohammad (Najib Lahssini):  convicted of 5 
years as of 11/30/06 
 
Hassan, Muhammad Hussein Ali (Mohamed Al Ouali):  convicted 
and sentenced to 3 years on 11/30/06 
 
Souleimani, Laalmai, Mohamed (Mohamed Souleimani Aalami): 
convicted and sentenced to 3 years as of 11/30/06 
 
Returned 10/11/06 
 
Ben Moujan, Muhammad (Mohamed Benmoujane): charged 10/19/06, 
convicted and sentenced to 10 years, then overturned and 
acquitted 5/07 
 
Returned 4/25/07 
Rashidi, Ahmed (Ahmed Rachdi):  charged, acquitted 5/2/07, 
confirmed still in Morocco as of 12/07 
 
¶8. (C/NF) Embassy will continue to follow up with host 
government officials to obtain full information on status of 
returned detainees. 
 
***************************************** 
Visit Embassy Rabat's Classified Website; 
http://www.state.sgov.gov/p/nea/rabat 
***************************************** 
 
Riley