VZCZCXRO6872
RR RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHFR #4751/01 3541640
ZNR UUUUU ZZH
R 201640Z DEC 07
FM AMEMBASSY PARIS
TO RUEHC/SECSTATE WASHDC 1535
INFO RUCNMEM/EU MEMBER STATES
RUEAIIA/CIA WASHINGTON DC
RUEAWJA/DEPARTMENT OF JUSTICE WASHDC
RUEATRS/DEPARTMENT OF TREASURY WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RHMCSUU/FBI WASHINGTON DC
RHEHNSC/NSC WASHINGTON DC
RUEKJCS/SECDEF WASHINGTON DC
RHMFISS/HQ USEUCOM VAIHINGEN GE

UNCLAS SECTION 01 OF 02 PARIS 004751 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER FR
SUBJECT: FORMER GTMO DETAINEES CONVICTED IN FRANCE; GOF 
PUTS CONTROVERSY TO REST 
 
¶1. (U) SUMMARY: Five of six French nationals transferred from 
the Guantanamo detainee facility to France were convicted in 
Paris on December 19 of "criminal conspiracy with a terrorist 
organization."  A sixth defendant was acquitted.  The court 
ruled entirely in accordance with the (less than maximum) 
sentences requested by the French government prosecutor (see 
paragraph three).  Due to time already served, none of the 
defendants will serve more than one additional month in 
prison.  The decision brings to a close a trial that that 
began in 2006 with front page news revelations that French 
intelligence services interviewed the defendants at the 
Guantanamo facility. The defense challenged the prosecution's 
case, claiming that their evidence was in large part based on 
French intelligence agents' interviews at Guantanamo and 
therefore illegally obtained because the Guantanamo facility 
is outside of any recognized legal structure.  The December 
19 court decision judged the visit by intelligence agents to 
Guantanamo strictly administrative in nature and inside the 
scope of standard intelligence gathering.  END SUMMARY 
 
¶2. (U) Five of six French nationals transferred from the 
Guantanamo detainee facility to France in 2004 and 2005 were 
convicted in Paris on December 19 of "criminal conspiracy 
with a terrorist organization."  Achhab Kanouni, the sixth 
defendant, was acquitted of all charges.  The court ruled 
entirely in accordance with the sentences requested by the 
French government prosecutor, including the move to drop 
charges against Kanouni.  (Note:  The prosecution had the 
option of requesting up to a maximum sentence of ten years in 
prison, no time served, but asked only for one year prison 
sentences already mostly covered by time served.)  All of the 
former detainees were placed into provisional detention in 
France after being transferred from Guantanamo and had served 
between 11 and 17 months before being released pending trial. 
 As a result of the time spent in provisional detention that 
the judgment credited against the one year prison sentences, 
none of the former detainees will serve more than one 
additional month behind bars.  Attorneys for the defendants 
have said they will appeal.  All of the defendants were 
reportedly detained between two and three years in the 
Guantanamo facility.  Kanouni's lawyer said that his client 
intends to sue the U.S. government for reparations. 
 
¶3. (U) This trial began in July 2006 with front page news 
revelations that French intelligence services interviewed the 
defendants at Guantanamo.  The proceedings were halted while 
the court investigated claims by the defense that the 
prosecution's case was based in large part on information 
obtained during interviews with the defendants by the French 
agents who traveled to Guantanamo.  The defense asked that 
the case be dismissed, alleging that the evidence was not 
legally obtained and therefore violated their clients' rights 
because the Guantanamo facility had no legal standing. After 
a review of now unclassified documents, the court finally 
ruled that the information obtained at Guantanamo was in 
accordance with the normal duties carried out by French 
intelligence services.  The court characterized the 
intelligence mission as strictly administrative, noting that 
it was executed under the auspices of the Ministry of Foreign 
Affairs, and ruled that it did not violate the rights of the 
defendants. 
 
¶4. (U) Sentences: Brahim Yadel was sentenced to five years in 
prison; four years suspended.  Mourad Benchellali, Nizar 
Sassi, Khaled Ben Mustapha, and Redouane Khalid were all 
sentenced to four years in prison, three years suspended. 
Achhan Kanouni was acquitted of all charges. 
 
¶5. (U) COMMENT:  These convictions bring to a close an issue 
that provided a media opportunity for some academics and 
journalists to criticize U.S. detainee policy.  The meager 
sentences requested by the prosecutor also suggest that the 
GOF sought to balance its desire to convict the defendants 
with concern that more significant sentences could draw 
increased attention to the revelations of French intelligence 
agents' visit to Guantanamo and more public criticism of the 
intelligence agents' visit to Guantanamo as de-facto GOF 
approval of the facility. 
 
 
Please visit Paris' Classified Website at: 
http://www.state.sgov.gov/p/eur/paris/index.c fm 
 
PARIS 00004751  002 OF 002 
 
 
 
 
STAPLETON