VZCZCXYZ0001
PP RUEHWEB

DE RUEHC #0242 2430825
ZNR UUUUU ZZH
P 282249Z AUG 09
FM SECSTATE WASHDC
TO RUEHBS/AMEMBASSY BRUSSELS PRIORITY 4765-4766
INFO RUEKJCS/SECDEF WASHINGTON DC PRIORITY PRIORITY
RUEHNO/USMISSION USNATO PRIORITY 1579-1580
RHMFISS/JOINT STAFF WASHINGTON DC PRIORITY

UNCLAS STATE 090242 
 
SENSITIVE 
 
C O R R E C T E D   C O P Y (SENSITIVE CAPTION ADDED) 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: MARR MOPS NATO PREL AF
SUBJECT: ABU GHRAIB AND AFGHANISTAN DETAINEE TALKING POINTS 
 
REF: BRUSSELS 984 
 
¶1. (U) Embassy Brussels may draw upon the points in paras 2-3 
below in answering questions about the status of Abu Ghraib 
prison in Iraq and about detainee policy and practice in 
Afghanistan.  The points in para 4 can be shared as a fact 
sheet. 
 
Status of Abu Ghraib 
-------------------- 
 
¶2. (U) Abu Ghraib prison was transferred to the Government of 
Iraq on September 2, 2006.  The facility is now controlled by 
the Iraqi Ministry of Justice and has been renamed "Baghdad 
Central Prison."  The GOI reopened the facility in February 
¶2009.  Questions about the prison should be directed to the 
Government of Iraq. 
 
NATO/ISAF Detainee Procedures 
----------------------------- 
 
¶3.  (U) According to ISAF standard operating procedures, ISAF 
troop contributing nations (TCNs) release or hand over to the 
appropriate Afghan authorities, any detainee captured by ISAF 
personnel within 96 hours of capture.  ISAF procedures allow, 
under exceptional circumstances, the period of time prior to 
transfer to be extended beyond 96 hours for medical or 
logistical reasons.  U.S. Forces operating under the auspices 
of ISAF release or hand over detainees to the appropriate 
Afghan authorities within 96 hours of capture, pursuant to 
ISAF procedures. 
 
OEF Detainee Procedures 
----------------------- 
 
¶4.  (U) The following points on U.S. detainee procedures 
under Operation Enduring Freedom (OEF) can be shared with 
government officials, NGOs, and the media as a fact-sheet. 
 
-- U.S. Forces hold detainees at the Bagram Theater 
Internment Facility (BTIF) in accordance with the law of war. 
 Detainees remain in DOD custody unless and until a review 
board determines that the threat they pose may be 
sufficiently mitigated without continued detention by U.S. 
Forces. 
 
-- Where appropriate, DOD transfers detainees to Afghan 
authorities for prosecution under Afghan law.  To date, the 
Afghan Government has tried more than 400 detainees, with a 
conviction rate of approximately 83%.  These detainees are 
held by the Afghan Government at the Afghan National 
Detention Facility (ANDF). 
 
-- To improve our ability to assess each detainee's status, 
threat, and potential for rehabilitation and reconciliation, 
DOD has developed enhanced detainee review procedures for the 
BTIF. The modified procedures also enhance each detainee's 
ability to challenge his or her detention. 
 
-- DOD intends to implement the new procedures this fall, 
following a 60-day congressional notification period required 
by U.S. law. 
 
-- Building on lessons learned in our detention Operations in 
Iraq, DOD is building a new BTIF, to be completed this fall. 
 
-- The new facility is designed to house the current 
population of approximately 600 detainees and it will have a 
surge capacity of nearly 1200 detainees.  The design includes 
features such as classrooms where detainees can participate 
in basic education classes and religious discussions, and 
vocational facilities where detainees can develop technical 
skills that will enable them to find employment upon their 
release.  The goal of these programs is to assist the 
detainees in becoming productive members of Afghan society 
when they are eventually released. 
 
Background 
---------- 
 
¶5.  (U) U.S. Forces operating under the auspices of Operation 
Enduring Freedom (OEF) currently hold approximately 600 
detainees at the Bagram Theater Internment Facility (BTIF). 
These detainees are believed to be part of, or substantially 
supporting, Taliban or al-Qaida forces or associated forces 
that are engaged in hostilities against the United States or 
its coalition partners, including those who have directly 
supported hostilities in aid of such enemy forces.  U.S. 
Forces operating under the auspices of the International 
Security and Assistance Force (ISAF) turn detainees over to 
Afghan authorities within 96 hours of capture, pursuant to 
ISAF policy. 
 
¶6.  (SBU) Since 2007, DoD has transferred 691 detainees from 
the BTIF and Guantanamo to the Afghan National Detention 
Facility (ANDF).  Of these, 435 have been prosecuted in 
Afghan courts, with a conviction rate of 83%.  The Afghan 
Government has released 357 detainees from the ANDF, either 
without trial or following acquittal or service of sentence. 
Detainees whose threat cannot be mitigated through criminal 
prosecution remain in DoD control, unless and until a review 
board determines that they may be safely released. 
 
¶7.  (U) On July 2, 2009, DoD approved new procedures for 
reviewing the status of detainees at the BTIF.  These 
enhanced procedures significantly improve DoD's ability to 
assess whether the facts support the detention of each 
detainee as an unprivileged enemy belligerent, the threat 
each detainee represents, and the detainee's potential for 
rehabilitation and reconciliation.  The modified procedures 
also enhance the detainee's ability to challenge his or her 
detention.  The Detainee Treatment Act requires DoD to notify 
the Committees on Armed Services and the Committees on the 
Judiciary of the Senate and House of Representatives at least 
60 days before changes in detention procedures go into 
effect.  DoD provided written notice of these changes on July 
14, 2009. 
 
¶8.  (U)  DoD is building a new BTIF, which is expected to be 
completed in the fall of 2009.  The facility is designed to 
hold 672 detainees, and it will have a surge capacity of 
nearly 1,200.  The design of the new BTIF also will better 
accommodate detainee rehabilitation efforts and thus support 
the broader counter-insurgency campaign. 
CLINTON