VZCZCXYZ0000
PP RUEHWEB

DE RUEHTU #0042/01 0141011
ZNY SSSSS ZZH
P 141011Z JAN 08
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 4292
INFO RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUEAWJA/DEPARTMENT OF JUSTICE WASHDC PRIORITY

S E C R E T TUNIS 000042 
 
SIPDIS 
 
NOFORN 
SIPDIS 
 
STATE FOR NEA/MAG (HOPKINS AND HARRIS), DRL AND 
S/WCI (WILLIAMSON, MORRISON AND MUBANGU) 
NSC FOR CAMPONOVO 
DOJ FOR MONHEIM 
DOD FOR LIOTTA 
 
E.O. 12958: DECL: 01/13/2017 
TAGS: PTER KDRG PGOV PINR TS
SUBJECT: TRANSFERRING TUNISIAN DETAINEES AT GUANTANAMO: 
RECOMMENDATIONS 
 
REF: TUNIS 1484 AND PREVIOUS 
 
Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d) 
 
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SUMMARY 
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¶1. (S/NF) As Washington agencies consider the disposition  of 
the ten remaining Tunisian detainees at Guantanamo, we offer 
the following thoughts on how to move forward with 
their transfer to GOT custody.  Following allegations that 
the two Tunisian detainees transferred in June 2007 were 
tortured, the Ambassador repeatedly pressed GOT officials for 
information and a strong reiteration of assurances.  The 
officials denied allegations of torture and repeated earlier 
commitments, but we believe allegations that one of the 
detainees was mistreated are credible.  Moreover, GOT 
officials have offered nothing to suggest that they would 
treat future detainees differently.  At this juncture, we 
believe the only option to obtain "better" assurances is to 
raise the issue directly with President Ben Ali.  However, 
even Presidential assurances may not ensure future transfers 
do not result in allegations of torture.  End Summary. 
 
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BACKGROUND 
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¶2. (S/NF) From late 2006 into mid-2007, the USG received a 
variety of assurances from the GOT regarding the transfer of 
Tunisian detainees at Guantanamo.  In November 2006, the 
Ministers of Justice and Interior offered oral assurances 
about Tunisia's obligations under the Convention Against 
Torture and noted to an interagency delegation led by S/WCI 
Ambassador Williamson that many of the detainees faced in 
absentia charges.  The Minister of Justice also provided oral 
assurances about third party access (e.g., the ICRC) to 
detainees in the Tunisian prison system.  In 2007, Minister 
of State and Presidential Advisor Ben Dhia confirmed these 
assurances to the Ambassador and subsequently reiterated them 
in a letter to Deputy Secretary of State Negroponte.  The 
exchanges paved the way for the June 2007 transfer of the 
first two detainees to GOT custody. 
 
¶3. (S/NF) Following the first transfer, local and 
international NGOs alleged that the two detainees, Abdallah 
Ben Omar (al-Hajji) and Lotfi Ben Swei Lagha, had been 
tortured and mistreated by GOT security forces.  However, Ben 
Omar's Tunisian lawyer (the source of these NGO reports) 
clarified to PolOff and Tunisian media that, while Ben Omar 
was mistreated (slapped) and threatened (that he and his 
family members would be raped), he was not "tortured."  Post 
continues to receive reports that Ben Omar is subject to 
psychological mistreatment.  Without having had the chance to 
speak to or examine Ben Omar 
ourselves, it is still our assessment that his claims of 
mistreatment are credible.  According to the same lawyer, who 
represents both detainees, Lagha was not subject to any 
mistreatment although he was reportedly held in solitary 
confinement for weeks after his transfer. 
 
¶4. (S/NF) Since the transfer, the Ambassador demarched 
Foreign Minister Abdallah, Minister of Interior Belhaj Kacem 
and Presidential Advisor Ben Dhia regarding GOT assurances. 
(Note: The GOT declined to facilitate a meeting for the 
Ambassador with Minister of Justice Tekkari.  End note.)  All 
reiterated that Tunisia is a signatory of the Convention 
Against Torture (CAT) and would respect it.  The Foreign 
Minister and Minister of Interior dismissed the detainees' 
mistreatment allegations and insisted that there was no merit 
to their claims.  To our knowledge, there was no GOT 
investigation into reports of the detainees' mistreatment. 
Further, the ministers did not indicate that any future 
transfers will be handled differently to avoid such 
accusations. 
 
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RECOMMENDATION 
-------------- 
 
¶5. (S/NF) If Washington agencies determine that the 
assurances in paragraph four (as reported in detail in 
 
reftels) are not sufficient, we believe only President Ben 
Ali is in a position to offer any more substantive assurances 
than those the GOT has already provided.  The Ministry of 
Interior, which is probably the source of most human rights 
abuses in Tunisia, is a sovereign ministry and reports 
directly to the president.  No other ministers or ministries 
can circumvent the MOI's authority in Tunisia.  Therefore, 
future USG engagement on assurances should be directed to 
President Ben Ali, as other efforts are likely to be 
fruitless and only delay our ability to move forward with 
future transfers.  This could be done in person, by a 
high-level State Department or other agency visit to 
Tunisia, or in writing.  While Ben Ali may only repeat the 
assurances we have previously obtained from other officials, 
his response would be definitive. 
 
¶6. (S/NF) We understand there has been discussion in 
Washington of seeking to transfer future detainees directly 
to the Ministry of Justice, bypassing the Ministry of the 
Interior.  We do not believe the Tunisians would accept this 
proposal or that it would eliminate the problem.  It is 
correct that Ben Omar was reportedly mistreated while in 
Ministry of Interior custody immediately following his June 
transfer and no further physical mistreatment was reported 
following his transfer to a Ministry of Justice (MOJ) prison 
facility.  However, Post has received repeated reports of MOI 
officials mistreating other prisoners at MOJ facilities. 
Circumventing MOI custody would not ensure detainees are not 
mistreated. 
 
---------------------- 
COMMENT: CAVEAT EMPTOR 
---------------------- 
 
¶7. (S/NF) We stand ready to assist with obtaining necessary 
assurances to allow for future transfers of Tunisian 
Guantanamo detainees.  However, even Presidential assurances 
do not guarantee these transfers would result in renewed 
torture or mistreatment allegations.  The Government of 
Tunisia has a poor human rights record, particularly in 
regard to prisoners and suspected terrorists.  Even if the 
GOT does not mistreat other detainees, local and 
international NGOs may make inflated claims of abuse and 
accuse the USG of violating its international obligations. 
End Comment. 
 
Please visit Embassy Tunis' Classified Website at: 
http://www.state.sgov.gov/p/nea/tunis/index.c fm 
GODEC