VZCZCXYZ0004
PP RUEHWEB

DE RUEHKU #1160/01 3291256
ZNR UUUUU ZZH (CCY AD007B4B MSI9954-695)
P 241256Z NOV 08
FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC PRIORITY 2400
INFO RUEHGB/AMEMBASSY BAGHDAD PRIORITY 1323
RUEHLO/AMEMBASSY LONDON PRIORITY 1494
RUEHFR/AMEMBASSY PARIS PRIORITY 1162
RUEHRH/AMEMBASSY RIYADH PRIORITY 2532
RUEHGV/USMISSION GENEVA PRIORITY 1245
RHEHNSC/NSC WASHDC PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 3204

UNCLAS KUWAIT 001160 
 
SENSITIVE 
SIPDIS 
 
C O R R E C T E D COPY CAPTION 
NEA/ARP, NEA/I 
OSD-DPMO FOR A. CRONAUER, COL D. ELLIS, J. BASHAM 
 
E.O. 12958: N/A 
TAGS: MARR PHUM PREL IZ SA KU
SUBJECT: TRIPARTITE COMMISSION:  KUWAITI DISAPPOINTMENT 
WITH LACK OF PROGRESS ON MISSING 
 
REF: A. KUWAIT 698 
     ¶B. KUWAIT 1137 
 
¶1.  (U) This is an action request.  Please see para 13. 
 
Summary 
-------- 
 
¶2. (SBU) The Kuwaiti delegation made clear during a November 
19 Tripartite Commission (TC) meeting that it was 
disappointed over the lack of results in the search for 
Kuwaitis missing from the 1990 Iraqi invasion of Kuwait. 
Despite a commitment to cooperative dialogue in the TC 
setting, a clear lack of capacity and coordination among 
Iraqi ministries continues to delay the discovery and 
exhumation of the mortal remains of some 350 Kuwaitis 
believed to have been executed by Iraqi forces.  The TC, 
chaired by the International Committee for the Red Cross, 
revealed no new information on US Navy Captain Michael Scott 
Speicher, the one remaining US citizen left unaccounted for 
from the 1990 Gulf War.  His DNA profile remains in the 
Kuwaiti database and continues to be checked against all 
newly received profiles.  End Summary. 
 
31st Tripartite Commission Update 
--------------------------------- 
 
¶3. (U) The International Committee for the Red Cross (ICRC) 
chaired the 58th session of the Technical Subcommittee (TSC) 
and the 31st Tripartite Commission (TC) respectively on 
November 17 and 19.  The ICRC updated the TC -- composed of 
delegates who manage POW and/or unaccounted-for files from 
Iraq, Kuwait, Saudi Arabia, France, the UK and the U.S. -- on 
2008 developments in the quest to locate the mortal remains 
of those still missing from the 1990-91 Iraqi invasion and 
occupation of Kuwait. 
 
Kuwaiti Frustrations:  "2008 was Null and Void!" 
--------------------------------------------- -- 
 
¶4.  (SBU)  In a departure from previous TC sessions, which 
were characterized by a conciliatory, collegial tone, the 
Kuwaiti delegation and the ICRC expressed overt frustration 
with the lack of progress from the Iraqi side, complaining 
that 2008 offered few tangible results in terms of locating 
mass graves or other mortal remains in Iraq despite recent 
security successes and citing examples of apparent 
unwillingness to cooperate by private Iraqi potential 
'witnesses.'  Based on conclusive DNA testing which dated 
back to 2004, the TC closed only three files -- one Saudi and 
two Kuwaiti nationals.  There were no exhumation activities 
conducted by Kuwait in 2008.  To increase accountability and 
productivity from TSC taskings, ICRC proposed and the TC 
agreed that meetings should take place on a bimonthly basis 
starting on January 20, 2009; the venue is likely to be a UN 
station on the Kuwaiti/Iraqi border. 
 
Successful Saudi/Iraqi Coordination on Repatriating Remains 
--------------------------------------------- -------------- 
 
¶5.  (U) A positive and welcome result, but outside of the TC 
mandate, was the successful repatriation of 63 mortal remains 
from Saudi Arabia, through Kuwait, to Iraq.  With these 
repatriations, the Saudi delegation declared that all 123 
Iraqi files in Saudi Arabia were closed.  The ICRC touted 
this development and praised the bilateral cooperation 
between the Iraqi and Saudi delegations. 
 
Requests for US Action 
---------------------- 
 
¶6. (SBU) The ICRC chair recalled for the meeting that, per 
the 57th TSC (ref A), a previous review of data provided by 
the Kuwaiti delegation, led by Dr. Ibrahim Al-Shaheen, failed 
to reveal any indications of mass graves that would warrant 
additional excavation; further action by the USG would 
require new information to be brought forward by TC members. 
In response, the Kuwaiti delegation proposed an exchange of 
technical experts with Washington to analyze existing data 
and to recommend techniques and options for future 
discoveries.  Ambassador reiterated for the TC that U.S. 
efforts in determining the locations of mass grave sites via 
 
satellite imagery had been exhausted, but she welcomed new 
information that might prove useful in aiding analysts in 
future searches.  She also welcomed the proposal for expert 
exchanges, but asked the Kuwaiti delegation to be more 
specific in its requests for U.S. assistance.  Though 
Al-Shaheen was unable to provide immediately details on 
desired USG support, he mentioned that Nasseriya, Iraq holds 
promising excavation opportunities and requested a positive 
US and MNF-I response to future GOI overtures for financial 
or technical personnel assistance.  (Note:  The Saudi lead 
delegate, MFA U/S for Political Affairs Prince Turki Bin 
Mohammad Bin Saud Al-Kabir, arrived nearly 1.5 hours late to 
the session following meetings with GOK FM Dr. Mohammed Al 
Sabah.  The Saudi Ambassador to Kuwait later confided to 
Ambassador that the KSA side believed the chances of 
recovering additional remains was little to nil at this 
stage.  End note.) 
 
Ambassador Tarasov's Call for Capacity Building 
--------------------------------------------- -- 
 
¶7. (SBU) UN High-Level Coordinator Ambassador Gennady Tarasov 
conveyed to Ambassador in a November 19 visit to Kuwait his 
concerns that poor coordination among Iraqi Ministries 
outweighed generally positive attitudes toward coooperation. 
He said his report to the UN Secretary General would call for 
more unity within the Iraqi government and urge support from 
the office of the Iraqi Prime Minister for the Ministry of 
Human Rights, headed by a competent, but overtaxed Wijdan 
Mikhail Salim.  He explained that Salim is tasked with 
locating, among other responsibilities, the remains of the 
missing from numerous internal and external conflicts, but 
has only one 12-member team and little technical equipment 
with which to carry out the task.  Tarasov opined that 
multi-sided political pressures make it extremely difficult 
for Salim to allocate her minimal resources to find the 
approximately 350 remaining Kuwaiti missing, when so many 
thousands of Kurdish, Sunni, and Shi'a Iraqis and Iranians 
are still unaccounted for in Iraq. 
 
¶8.  (U) Tarasov noted that the UN has UNAMI funds allocated 
for MOHR capacity building in terms of personnel and 
equipment and that he would seek additional funds for this 
purpose.  Ambassador conveyed the latter information to the 
TC.  His assessment on Iraq was that "not much progress has 
taken place, but the quality of efforts has improved," and 
stressed that the way forward is to transform the determined 
and positive tone of professionals like Salim into practical 
deeds. 
 
No Iraqi MFA Involvement in Proceedings 
--------------------------------------- 
 
¶9.  (SBU)  Noticeably absent from the proceedings was 
representation from the Iraqi Embassy in Kuwait -- despite 
the matter being raised at the previous TSC and with the 
Iraqi Charge on November 11 (ref B).  In response to poloff's 
query, an Iraqi delegation member replied that "if you bring 
in the Embassy, then you bring in the MFA, and then the 
office of the Prime Minister..." implying that GOI 
bureaucracy and infighting would squelch progress on TSC 
mandates.  (Note:  All Iraqi delegation members hailed from 
the GOI's Ministry of Human Rights.  End note). 
 
Witnesses Playing Cat and Mouse 
------------------------------- 
 
¶10.  (SBU)  Adding to the Kuwaiti frustration was the lack of 
success in making contact with witnesses who claim to have 
actionable information on mass grave sites: 
 
--A witness with supposed knowledge of grave sites in Kuwait 
(AKA "the Jahra witness") previously told TC members that he 
would meet them in Syria, then later changed the venue to 
Kuwait.  He now insists that such a meeting, to be brokered 
by the ICRC, must take place in Riyadh.  ICRC, in an attempt 
to force the meeting, set December 21 as the date, in Riyadh, 
in which the meeting must take place. 
 
-- Two recently re-opened files, Mohammed Al-Dakhil and Faleh 
Al-Gharib, also produced disappointing results.  The Iraqi 
delegation had failed to contact a supposed eyewitness, Dr. 
 
Ibrahim Aqidi (no further information), but renewed a promise 
to reach out to him and to other former and current Iraqi 
government officials who might have insight into missing 
Kuwaitis. 
 
-- The Kuwaiti delegation was particularly indignant over 
recent demands for $300,000 by a witness in Ramadi for 
information on mass graves.  ICRC offered to meet with the 
witness, but mentioned that it would explore options to refer 
this witness to Iraqi legal authorities if he continued to 
withhold relevant information on mass grave sites. 
 
Speicher Update 
--------------- 
 
¶11.  (U) There was no new information on US Navy Captain 
Michael S. Speicher's case. His DNA profile remains in the 
Kuwaiti database and continues to be checked against all 
newly received profiles. The U.S. delegation renewed its 
commitment to continue the effort to resolve Speicher's case. 
 
¶12. (U) Delegations: 
 
Republic of Iraq 
------------- 
Mr. Kazem M.K. Al-Anzi 
Mr. Yaqoob Kh. Haider 
Mr. Hussein Eidi Hassan 
Mr. Arkan Abdallah Abdelamir 
Mr. Hazem Jassem Yassin 
 
State of Kuwait 
--------------- 
H.E. Dr. Ibrahim M. Al-Shaheen 
H.E. Ambassador Khalid M. Al-Maqamis 
Mr. Fozan Al-Fozan 
Mr. Rabea Al-Adsani 
Dr. Mohammad Al-Haddad 
Dr. Soltan Al-Khalaf 
 
Kingdom of Saudi Arabia 
----------------------- 
H.H. Prince Turki Bin Mohammad Bin Saud Al-Kabir 
MG Nasser Bin Saad Al-Hmeidan 
Mr. Jamal Bin Hossein Akeel 
Dr. Zuhair M. Al-Idrissi 
Dr. Hussein Zahrani 
LTC Khalid Al-Treiri 
Mr. Fahad Al-Juraid 
 
Republic of France 
------------------ 
Ambassador Jean-Rene Gehan 
 
United Kingdom 
-------------- 
Charge d,Affaires Tim Stew 
Mr. Jonathan Layfield 
Ms. Nicola Woodget 
 
United States 
------------- 
Ambassador Deborah K. Jones 
POL Counselor Pete O,Donohue 
Poloff Thomas Rosenberger 
 
International Committee of the Red Cross 
----------------------------------------- 
Mrs. Beatrice Megevand-Roggo, Head of Operations for Middle 
East and North Africa 
Mr. Jean-Michel Monod, Chairman of the TSC, Regional Delegate 
for the GCC Countries 
Mr. Juan Pedro Schaerer, Head of Delegation ICRC Iraq 
Ms. Jamila Al-Hammami, Delegate for 'Missing' files for Iraq 
Mr. John Strick van Linschoten, Protection Delegate, ICRC 
Kuwait 
Mr. Eissa Mowazi, Protection Department 
 
¶13.  (SBU) Action request:  Post would appreciate further 
information from USUN and/or the Department regarding the 
availability of UNAMI funds for GOI MOHR capacity building 
for locating and exhuming human remains, per Ambassador 
 
Tarasov's remarks in para 7. 
 
********************************************* * 
For more reporting from Embassy Kuwait, visit: 
http://www.state.sgov.gov/p/nea/kuwait/?cable s 
 
Visit Kuwait's Classified Website: 
http://www.state.sgov.gov/p/nea/kuwait/ 
********************************************* * 
JONES