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OO RUEHWEB

DE RUEHVJ #1796/01 3311732
ZNY SSSSS ZZH
O 261732Z NOV 08
FM AMEMBASSY SARAJEVO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9332
INFO RUEHAS/AMEMBASSY ALGIERS 0010

S E C R E T SARAJEVO 001796 
 
NOFORN 
SIPDIS 
 
DEPARTMENT FOR S/WCI (WILLIAMSON/VIBUL-JOLLES), EUR 
(JONES), AND EUR/SCE (FOOKS/STINCHCOMB) 
 
E.O. 12958: DECL: 11/26/2018 
TAGS: PGOV PINR PREL PTER BK AGAO
SUBJECT: BOSNIA - SECURITY MINISTER SADOVIC'S RESPONSE TO 
REQUEST TO TRANSFER SOME "ALGERIAN 6" DETAINEES 
 
REF: A. STATE 123743 
     ¶B. SARAJEVO 1705 
 
Classified By: Charge Judith Cefkin for reasons 1.4 (b) and (d) 
 
¶1.  (S/NF) SUMMARY: The Charge and Acting Political Counselor 
met with Minister of Security Tarik Sadovic on November 24 to 
discuss the request in reftel A regarding the possible return 
to Bosnia of some members of the "Algerian Six" group of 
Guantanamo detainees.  The Charge noted that we are now 
asking the Bosnians to consider accepting another detainee, 
Sabir Lahmar, who was not among the original group discussed 
by Ambassador Williamson during his recent visit to Bosnia 
(reftel B).  Sadovic was very constructive during the 
meeting, and said he did not foresee any problems with a 
return on or about December 15 of the three detainees 
(Mohamed Nechla, Al-Haj Boudella, and Mustafa Ait Idir) who 
have Bosnian citizenship.  Sadovic said that additional 
issues would have to be resolved before Bosnia could agree to 
accept the return of detainees without Bosnian citizenship. 
The Algerian Six (A-6) issue has gotten significantly more 
coverage in local press in the past few days.  Articles in 
the Republika Srpska press have quoted some ethnic Serb 
nationalists critical of A-6 returns and accusing Sadovic of 
violating the Dayton Accords.  In addition, Assistant 
Minister of Security Vjekoslav Vukovic was quoted as taking 
an apparently harder line with respect to the return of the 
A-6 than we have heard from Minister Sadovic.  Vukovic's 
comments pointed to the policy conundrum raised by the A-6 
issue in connection with the Citizenship Review Commission 
(CRC) process.  If detainees who were stripped of citizenship 
by CRCs are allowed to return to Bosnia and stay here, this 
could raise questions about the integrity of the CRC process, 
and whether its results are binding in other cases.  END 
SUMMARY 
 
Working Group of Police and Intelligence Officials 
--------------------------------------------- ----- 
 
¶2. (S/NF) Sadovic confirmed that the Bosnian government has 
created a working group composed of members of the police and 
intelligence services to work out details of a transfer and a 
monitoring regime for detainees after they return.  He also 
said that logistical requirements connected with a milair 
flight of returning detainees, such as refueling and changing 
crews, should not pose any difficulties.  Sadovic noted that 
the Bosnians have designated Ministry of Security official 
Samir Rizvo as the Bosnians' point of contact with the 
American government.  (Note: Rizvo met with the Charge and 
the Acting Political Counselor on November 21.  End note). 
Sadovic stressed that the Bosnian government would do 
everything it could to keep details of negotiations and 
transfer arrangements from leaking into the Bosnian press. 
 
Potential Problems with Non-Citizens 
------------------------------------ 
 
¶3. (S/NF) Although Sadovic said he did not foresee any 
problems with the return of the three detainees who have 
Bosnian citizenship, he said that additional issues would 
have to be resolved before Bosnia could agree to accept the 
return of detainees who do not have citizenship.  He said 
that the government would immediately begin reviewing our 
request to consider transfer of Sabir Lahmar, who was not 
among those discussed by Ambassador Williamson.  Sadovic 
added that the working group has already begun to assess 
whether a legal basis exists for returning non-citizen 
detainees to Bosnia, including detainees who were stripped of 
their citizenship in the Citizenship Review Commission (CRC) 
process.  He said one important factor in determining whether 
these detainees could return would be whether they have 
family members living in Bosnia.  Sadovic also said it would 
be important, as an administrative matter, to determine 
whether these detainees (as well as the detainees who have 
citizenship) possess documents that indicate their identity 
and status in Bosnia. 
 
Preference for Returning All Detainees at One Time 
--------------------------------------------- ----- 
 
¶4. (S/NF) Sadovic said he would prefer to bring back all 
detainees who qualified at one time, so that the Bosnian 
government only has to confront the public relations 
challenge of a return of detainees once.  He said that he 
personally believes all five of the Algerian detainees in 
question should return to Bosnia.  However, he acknowledged 
that this issue is not decided yet by the entire Government, 
and he said it would be a "disaster" if some of the A-6 were 
 
returned to Bosnia only to be subject in turn to deportation. 
 He asked the USG to use its influence to ensure that those 
who could not return to Bosnia and stay here could go 
somewhere else.  The Charge noted that we would not want 
issues connected with non-citizens to delay the return of 
those detainees who had citizenship, and that it was up to 
Bosnian officials to determine what their law allows with 
regard to the non-citizens.  The Charge requested the GBiH 
response by December 1. 
 
Press Commentary 
---------------- 
 
¶5. (SBU) Although the local press was relatively quiet about 
the A-6 issue until last week, the issue has gotten 
significantly more coverage in the past few days.  Articles 
in the Republika Srpska press have quoted some ethnic Serb 
nationalists critical of A-6 returns.  For example, Nedeljko 
Mitrovic, President of the Association of RS War Veterans, 
was quoted as saying that A-6 detainees should not be allowed 
to return and, if they do, they should be arrested 
immediately and put on trial.  Branislav Ducic, the head of 
Former Concentration Camp Victims of the RS, was quoted as 
making similar comments.  These officials took specific aim 
at Sadovic, accusing him of violating Dayton. (Note: In 
response to reports about the Judge's decision in the A-6 
case, Sadovic had earlier been quoted as saying that, if 
asked, BiH would be obliged to take its citizens back.  End 
note) 
 
¶6. (S/NF) In addition, Assistant Minister of Security 
Vjekoslav Vukovic was quoted in a Mostar daily on November 26 
as taking an apparently harder line on the return of the A-6 
than we have heard from Minister Sadovic.  Vukovic, who 
headed the Citizenship Review Commission (CRC) process, 
reportedly said that the fact that three of the A-6 detainees 
do not have citizenship would bar them from being able to 
return to Bosnia.  He also reportedly said that if the three 
who had citizenship returned to Bosnia, they might be subject 
to a citizenship review process similar to the one that 
resulted in A-6 detainees Boumedienne and Bensayah being 
stripped of their citizenship.  (Note: We were unable to 
speak with Vukovic, an Embassy contact, about this today. 
However, Ministry of Security official Rizvo told us that his 
understanding is that the three Algerian detainees who have 
Bosnian citizenship have already been vetted by the CRC 
process, and their cases could not be re-opened.  End note) 
 
Comment 
------- 
 
¶7. (S/NF) What we have heard from Bosnian officials so far 
suggests the Government will accept a return on or around 
December 15 of the three A-6 detainees who have Bosnian 
citizenship.  Minister of Security Sadovic, who is a strong 
Bosniak nationalist, also supports accepting detainees who do 
not have citizenship.  However, the comments in the press of 
Assistant Minister Vukovic are probably indicative of 
reservations among other government officials on the question 
of accepting detainees without Bosnian citizenship, and we do 
not yet know how this will be resolved.  The Charge attempted 
to speak with PM Spiric about this issue today, but he was 
unavailable because he was tied up in a Council of Ministers 
meeting.  Vukovic's comments point to the policy conundrum 
raised by the return to Bosnia of detainees who were stripped 
of their Bosnian citizenship by the Citizenship Review 
Commission (CRC) process.  This process was initiated with 
strong support from the U.S. as a way of ensuring that Dayton 
Accord requirements that "foreign fighters" leave Bosnia were 
honored.  If A-6 detainees who were stripped of citizenship 
through this process return to Bosnia and are allowed to stay 
here, it may raise questions about the integrity of the CRC 
process, and whether its results are binding in other cases. 
 
¶8. (S/NF) The criticism of A-6 returns that has begun to 
appear in the RS press suggests that the government may come 
under more pressure from ethnic Serbs on this issue (reftel 
B).  Ethnic Serb nationalists may step up efforts to paint 
Bosniak politicians who argue for accepting detainees as 
being "soft" on terrorism.  They may also try to depict Serb 
politicians who agree to accepting A-6 returns as "selling 
out" to the Bosniaks.  When some or all of the five 
Guantanamo detainees return, we will need carefully tailored 
press guidance to handle the inevitable press barrage. 
CEFKIN