VZCZCXRO1259
PP RUEHBC RUEHDE RUEHDIR RUEHIHL RUEHKUK
DE RUEHGB #0377/01 0440945
ZNY SSSSS ZZH
P 130945Z FEB 09
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 1683
INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY
RUCNIRA/IRAN COLLECTIVE PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY

S E C R E T SECTION 01 OF 02 BAGHDAD 000377 
 
SIPDIS 
 
E.O. 12958: DECL: 02/12/2029 
TAGS: PHUM KREF KJUS IR IZ
SUBJECT: ICRC DISCUSSES DETAINEES, MEK, AND OPERATIONS WITH 
AMBASSADOR AND CG 
 
REF: 08 BAGHDAD 3320 
 
Classified By: Ambassador Ryan C. Crocker for reasons 1.4 (b) and (d). 
 
¶1.  (S)  Summary:  In a February 4 meeting with the 
Ambassador and Commanding General (CG) Multi-National 
Force-Iraq (MNF-I), ICRC Iraq Head of Delegation Juan-Pedro 
Schaerer thanked the USG for its cooperation with ICRC over 
the last year and hoped that the ICRC's recent report on USG 
arrests and operations had not harmed the strong relationship 
between MNF-I and ICRC.  Schaerer said ICRC was concerned 
about how plans for USG-held detainee releases and transfers 
would be implemented and emphasized that detainees should be 
given the choice over where to be released.  Regarding the 
Mujahedin e-Khalq (MEK), ICRC is reasonably confident that 
the GOI will protect the residents but does not believe its 
plan for closing the camp will be accomplished in the 
projected time frame.  Schaerer reiterated plans for ICRC 
expansion from his last meeting with the Ambassador in 
October and said ICRC will soon have a permanent presence 
throughout the south and in contested areas.  End Summary. 
 
--------------------- 
ICRC-USG RELATIONSHIP 
--------------------- 
 
¶2.  (C)  ICRC officials, including Head of Iraq Delegation 
Juan-Pedro Schaerer, Protection Coordinator Laurent Saugy, 
and Legal Adviser Sylvie Van Lammeren, met on February 4 with 
the Ambassador and CG and thanked the USG for its increased 
cooperation with ICRC during the last year.  Regarding ICRC's 
critical report from early January about Multi-National 
Corps-Iraq (MNC-I) arrests and operations, Schaerer said he 
would like to discuss the issues raised in the report with 
MNC-I commanders.  Schaerer said he had heard from certain 
USG officials in Washington that this report had soured 
relations between ICRC and MNF-I, but the Ambassador and CG 
assured the ICRC officials that the relationship remained 
strong.  Schaerer admitted that the report was released 
without proper preparation and discussion from the ICRC side 
with the relevant USG officials, and Saugy added that the 
report failed to acknowledge the improved dialogue between 
the parties.  (Note:  Saugy told Poloffs on February 5 that 
ICRC was very relieved that the relationship had not suffered 
due to the report.  End Note.) 
 
------------------------------------ 
ICRC CONCERNS OVER DETAINEE RELEASES 
------------------------------------ 
 
¶3.  (S)  ICRC said it was concerned about the process for the 
release and transfer of USG-held detainees under the 
U.S.-Iraq Security Agreement.  In particular, ICRC is worried 
that detainees will be released in areas where they fear 
rearrest or violence; ICRC also disagrees with the policy of 
releasing detainees only at the point of capture.  ICRC has 
evidence that people were killed or arrested after release 
from U.S. detention facilities.  ICRC wants detainees to have 
a (limited) choice about where they are released.  Schaerer 
said that currently if detainees fear violent reprisals, 
their release is delayed.  He stressed, however, that this is 
not a solution.  Schaerer suggested that Task Force 134, 
which is in charge of detention facilities, be proactive 
about ensuring detainees are released in a safe and secure 
area by giving each detainee who will be released the 
excellent questionnaire that allows him an opportunity to 
express fears regarding his anticipated point of release and 
gives him the chance to request an alternate point of 
release.  The CG assured Schaerer that MNF-I would consider 
Qrelease.  The CG assured Schaerer that MNF-I would consider 
this recommendation. 
 
¶4.  (S)  Schaerer also expressed concern about released 
detainees being arrested by the GOI after release from U.S. 
facilities.  The CG said MNF-I is now vetting all releases 
with the GOI to see if there are any outstanding warrants. 
This should reduce the rate of arrests after release because 
detainees with outstanding warrants would be transferred to 
the GOI, not released.  The CG added that some issues are 
still being worked out between the U.S. and GOI, including 
whether to count time spent in U.S. detention against GOI 
sentences.  Schaerer said ICRC would be willing to attend 
U.S.-GOI meetings on implementation of detainee release and 
transfer processes. 
 
--- 
MEK 
--- 
 
¶5.  (C)  Regarding GOI plans for handling the Mujahedin 
e-Khalq (MEK) defectors/Camp Ashraf issue, Schaerer said it 
 
BAGHDAD 00000377  002 OF 002 
 
 
is good that the GOI has stressed it will protect the rights 
of the residents.  However, ICRC does not think that the GOI 
can accomplish its plans to close the camp in just a few 
months; this will require more time.  Schaerer added that 
family visits will have positive effects on the residents and 
will open their minds.  Schaerer said that the U.S. has no 
further legal obligations at Camp Ashraf, but encouraged the 
Embassy and MNF-I to continue to monitor developments there. 
The Ambassador thanked Schaerer for ICRC's attention on this 
matter and especially for visiting Camp Ashraf.  Schaerer 
confirmed that the next ICRC trip to Ashraf will be on 
February 25. 
 
¶6.  (C)  Regarding future MEK defectors, the Ambassador said 
that now that the EU has de-listed the MEK from its terrorist 
organization list, the USG will press the EU to help resettle 
some defectors.  He added that the U.S. hopes Iran will 
resettle defectors as well.  Schaerer said he met with 
Iranian Ambassador to Iraq Qomi in late December, who assured 
ICRC that Iran would resettle some residents or at least give 
them passports. 
 
----------------------- 
ICRC PRESENCE EXPANDING 
----------------------- 
 
¶7.  (C)  Schaerer reiterated plans for ICRC expansion in 2009 
from his last meeting with the Ambassador in October 
(reftel).  ICRC, which has already a permanent presence in 
Najaf, Basrah, Mosul, and the KRG, will soon have a permanent 
presence throughout the south.  In Baghdad, ICRC sends five 
or six officials per week from Amman to manage operations in 
Baghdad.  Schaerer said that the priority for expansion is to 
establish a permanent presence in disputed areas, and the 
first place will be Kirkuk.  ICRC is also expanding its 
visits to detention facilities.  Teams have already been to 
the south, Ramadi, Baghdad, and the KRG, and they will in 
four weeks visit Kadhamiya Maximum Security Prison and 
hopefully Baghdad Central Prison (formerly Abu Ghraib) in the 
near future.  The Ambassador encouraged ICRC visits to these 
facilities and thanked ICRC for its humanitarian support. 
Schaerer said ICRC is currently monitoring its humanitarian 
programs, like its food program, and may continue its food 
program if necessary. 
CROCKER