VZCZCXYZ0000
PP RUEHWEB

DE RUEHKU #0001 0041225
ZNY SSSSS ZZH
P 041225Z JAN 10
FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC PRIORITY 4400
INFO RHEHNSC/NSC WASHDC PRIORITY

S E C R E T KUWAIT 000001 
 
NOFORN 
SIPDIS 
 
NEA/ARP, NEA/RA 
 
E.O. 12958: DECL: 12/31/2019 
TAGS: PREL PTER PGOV PINR KDRG KU
SUBJECT: GTMO RETURNEE FUAD AL-RABIAH RELEASED BY COURT 
 
Classified By: Political Counselor Pete O'Donohue for reasons 1.4 b and 
 d 
 
¶1. (U) In a page-one special, Kuwaiti daily Arab Times 
reported on December 30 that recent GTMO detainee Fuad 
Al-Rabiah, who was handed over to the GOK and returned to 
Kuwait on December 10, was released by a Kuwaiti court on 
December 29.  The article noted that Al-Rabiah, who was 
arrested in Afghanistan in 2002, had spent eight years in 
Guantanamo before being turned over to the GOK earlier this 
month and was subsequently detained by Kuwait State Security 
for eighteen days prior to his release by the court. 
¶2. (S/NF) Ambassador, during a December 30 conversation with 
MFA U/S Khaled Jarallah (septel), noted that the morning's 
news of Al-Rabiah's release by a Kuwaiti court after he had 
been back in-country for less than three weeks -- together 
with concerns over the GOK's heavily caveated diplomatic note 
"guarantees" regarding the monitoring and supervision of 
other GTMO returnees -- could render more complicated the 
hand-over of Fawzi Al-Awdah, one of Kuwait's two remaining 
GTMO detainees.  (Note: Al-Awdah's father Khalid is founder 
and chairman of the Kuwaiti Family Commitee, which he 
established in 2002 to "secure the rights of Guantanamo 
detainees".  Khalid Al-Awdah, a former Kuwait Air Force 
officer, has enjoyed a prominent role with the GOK in dealing 
with the GTMO detainees, including in the establishment of a 
rehabilitation center.  End Note.) 
¶3. (S/NF)  Jarallah acknowledged that Al-Awdah, given his 
father's prominent position as head of the Kuwaiti Family 
Committee seeking the release of all Kuwaiti GTMO detainees, 
has high political value for the GOK.  Ambassador conveyed to 
Jarallah our frustration over the GOK's apparently rather 
cavalier handling of Al-Rabiah, notwithstanding extensive 
assurances -- reflected not least in the GOK's establishment 
of the Salam Rehabilitation Center -- that these cases would 
be treated with due regard for US security concerns. 
Ambassador further noted that some in Washington might 
perceive that we were being "gamed" by the GOK, which 
apparently assessed that we could not build solid judicial 
cases against these detainees and would therefore release 
them in any case, given the political mandate to close 
Guantanamo.  Nonetheless, serious security issues remained 
and the Amir had assured the President that Kuwait would 
monitor and control their movements, once returned. 
¶4. (S/NF)   Jarallah agreed that the GOK needed to show 
seriousness in its handling of the released detainees, but 
noted -- as in the past -- that Kuwait's constitutional 
system and the absence of strong CT legislation limited its 
options.  Ambassador, citing the improved US-GOK liaison 
relationship, pressed Jarallah for a commitment to keep 
Embassy informed of the ex-detainees' movements and/or any 
suspicious contacts.  Jarallah assured Ambassador this would 
be done.  Ambassador also raised travel concerns, noting that 
the detainees could leave Kuwait on their GCC IDs.  Jarallah 
acknowledged this was the case, but averred they could not 
leave the GCC countries without a passport; he agreed to 
raise Ambassador's requests that we be notified in advance of 
any inter-GCC travel. 
¶5. (C) In a December 31 conversation, Dr. Adnan Al-Shatti, a 
psychiatrist and member of the returnee rehabilitation team 
at Kuwait's Salam rehabilitation center, confirmed to 
POLCouns that Al-Rabiah had, in fact, been released by 
Kuwait's renewals court on December 29.  Al-Shatti said the 
court released Al-Rabiah due to a lack of credible evidence 
against him and also took into account his advanced age 
(approximately 50).  Al-Shatti said he did not believe there 
would be any further legal proceedings against Al-Rabiah. 
He noted, however, that although Al-Rabiah is now back with 
his family, he will continue to report to the Rehabilitation 
Center twice weekly for treatment and evaluation for an 
indefinite period; Al-Rabiah also remains in "regular" 
telephone contact with Al-Shatti.  Al-Shatti said he was 
"sure" that the GOK had confiscated Al-Rabiah's passport to 
prevent unauthorized travel and would monitor his movements 
for the next year or so.  Al-Shatti said he believes 
Al-Rabiah is making excellent progress in his reintegration 
into Kuwaiti society and is unlikely to pose any future 
problems; Al-Rabiah is presently making plans to obtain a PhD 
in philosophy.   Al-Shatti promised to alert Embassy 
"immediately" if he finds anything amiss in Al-Rabiah's 
behavior, noting the GOK's and his personal interest in 
ensuring that Al-Rabiah's rehabilitation goes smoothly. 
 
********************************************* ********* 
For more reporting from Embassy Kuwait, visit: 
visit Kuwait's Classified Website at: 
 
http://www.intelink.sgov.gov/wiki/Portal:Kuwa it 
********************************************* ********* 
JONES