Excerpt from document summary
(S/NF) A senior MFA official convoked the German, Italian
and Spanish Chiefs of Mission June 19 to inform them the GOT
wants the Tunisian detainees in Guantanamo Camp returned
home. According to the European COMs, the implicit message
was that their governments should not accept the US request
to take Tunisian detainees.

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DE RUEHTU #0415/01 1741549
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O 231549Z JUN 09
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6474
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INFO RUCNMGH/MAGHREB COLLECTIVE IMMEDIATE
RUEHRL/AMEMBASSY BERLIN IMMEDIATE 0186
RUEHMD/AMEMBASSY MADRID IMMEDIATE 0546
RUEHRO/AMEMBASSY ROME IMMEDIATE 0804
Content
S E C R E T TUNIS 000415

NOFORN
SIPDIS

STATE:NEA/MAG (SWILLIAMS, MNARDI, MHAYES)
ALSO FOR DRL:KMCGEENEY, S/WIC:ARICCI
PASS DOD/OSD:ALIOTTA, DOJ/ODAG:MSTRANSKY

E.O. 12958: DECL: 06/23/2019
TAGS: PHUM, PREL, KDRG, PTER, TS
SUBJECT: GOT ASKS EUROPEANS NOT TO TAKE TUNISIAN GUANTANAMO
DETAINEES

REF: A. TUNIS 407
B. TUNIS 339
C. TUNIS 32
D. 08 TUNIS 1137 AND PREVIOUS

Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d)

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SUMMARY
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1. (S/NF) A senior MFA official convoked the German, Italian
and Spanish Chiefs of Mission June 19 to inform them the GOT
wants the Tunisian detainees in Guantanamo Camp returned
home. According to the European COMs, the implicit message
was that their governments should not accept the US request
to take Tunisian detainees. The COMs have informed their
capitals, but have no response yet. In a meeting June 22, a
small group of Ambassadors (including the German and Italian
COMs) discussed the MFA demarches. Among the Ambassadors,
views differed on the risks to Tunisian prisoners, but some
said there is a possibility of torture or mistreatment for
anyone accused of terrorism. End Summary.

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EUROPEANS DEMARCHED
-------------------

2. (S) Following FM Abdallah's meeting on Guantanamo
detainees with Ambassador Godec on June 18 (Ref A), the MFA
convoked German Ambassador Horst-Wolfram Kerll, Italian
Ambassador Antonio D'Andria and Spanish Charge Santiago
Miralles Huete to separate meetings on June 19.

3. (S) In the meetings, MFA Secretary of State for Maghreb,
Arab and African Affairs Abdelhafidh Hergeum delivered a
demarche similar to that given to Ambassador Godec,
specifically:
-- Tunisia wants its citizens in Guantanamo returned,
-- Tunisia does not torture and has signed the Convention
Against Torture,
-- Tunisia's image would suffer if the detainees were sent to
other countries.
The implicit message from Hergeum, according to the European
COMs, was that their countries should not agree to the US
request to accept Tunisian detainees. The three officials
have informed their capitals but have no response. According
to the German Ambassador, the Tunisian Ambassador in Berlin
has delivered the same demarche to the German MFA.

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AMBASSADORS' MEETING
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4. (S) On June 22, Ambassador discussed the GOT demarche
with Ambassador Kerll, Ambassador D'Andria, UK Ambassador
Chris O'Connor, French Ambassador Serge Degallaix, and
Canadian Ambassador Bruno Picard. Ambassador Godec reviewed
the Foreign Minister's demarche with the German and Italian
Ambassadors then detailing the demarches they had received.

5. (S/NF) XXX noted the GOT has offered,
as evidence that it does not torture, the case of Imam Said
Jaziri who was repatriated from Canada to Tunisia despite
allegations that he would be mistreated. The Canadian
Ambassador said the comparison between Jaziri and the
Guantanamo detainees is "crap", explaining that Jaziri was a
petty criminal and not accused of terrorism. The Canadian
government reviewed Jaziri's case carefully and decided he
could be transferred since he did have links with terrorism.
The Canadian decision, Picard suggested, might well have been
otherwise if Jaziri had been accused of terrorism.

6. (S/NF) The Italian Ambassador said Italy had had few
problems with individuals they had transferred to Tunisia.
The Italians have been in contact with their families and
lawyers and have not heard any serious complaints. Why, he
asked, would the GOT want to mistreat or torture transferred
Guantanamo detainees?

7. (S/NF) Ambassador Godec noted that there are credible

reports of one of the first two transferees being mistreated,
including information from the lawyer, the family and
statements in open court. Moreover, there are credible
reports of Ministry of Interior officials mistreating
detainees and prisoners in other cases. He added that
contrary to GOT claims, the ICRC cannot visit all Tunisian
prisons as it does not have access to non-notified MOI
facilities. The UK Ambassador opined that the GOT uses
torture as a form of punishment.

8. (S/NF) XXX said the GOT's statements
that it does not torture are "bullshit."XXX said he had direct, first hand evidence
of torture/mistreatment of a prisoner that lasted several
months. The Canadian and German Ambassadors agreed that
anyone in Tunisian prisons on terrorism charges is at risk of
mistreatment or torture.

9. (S/NF) The Ambassadors concluded the discussion with
several noting that Tunisian diplomatic assurances regarding
appropriate treatment of prisoners is of value, but that a
follow-up mechanism is required to ensure commitments are
kept.

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COMMENT
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10. (S/NF) The GOT clearly and strongly wants the Tunisian
detainees in Guantanamo returned home. As we suggested in
Ref A, Washington agencies may wish to consider whether to
offer to return the Tunisian detainees if the GOT agrees to
permit US access to the first two transferees and ongoing
access to any future transferees. Such an understanding
would need to include a mechanism to address the problems
that may arise. While there is no absolute guarantee against
mistreatment, such an understanding would provide transferees
additional protection. Whether the GOT would accept such an
arrangement is another matter. We are not optimistic, but it
is worth considering. If Washington decides to continue with
efforts to transfer the Tunisian detainees to third
countries, we need to officially inform the GOT at a
high-level and soon.
Godec