Viewing cable 07STATE11550
Title: DEPUTIES BRIEFING ON DETAINEE LEGAL

IdentifierCreatedReleasedClassificationOrigin
07STATE115502007-01-30 17:06:00 2011-08-30 01:44:00 SECRET//NOFORN Secretary of State
VZCZCXYZ0930
OO RUEHWEB

DE RUEHC #1550 0301712
ZNY SSSSS ZZH
O 301706Z JAN 07
FM SECSTATE WASHDC
TO AMEMBASSY KABUL IMMEDIATE 0000
S E C R E T STATE 011550 
 
SIPDIS 
 
SIPDIS, NOFORN 
 
E.O. 12958: DECL: 01/30/17 
TAGS: PTER PHUM PINS PREL KAWC AF
SUBJECT: DEPUTIES BRIEFING ON DETAINEE LEGAL 
FRAMEWORK 
 
REF:  A. STAMILIO-BUCK/DUSKA 
1/12-1/24 EMAILS 
      ¶B. KABUL 00068 
 
CLASSIFIED BY S/WCI DEPUTY SANDRA L. 
HODGKINSON, REASONS 1.4 (B) AND (D). 
 
¶1. (U) This is an action request - see 
paragraph 4. 
 
¶2. (S) The Deputies Committee (DC) tasked the 
State Department with the following action in 
its November 29 Summary of Conclusions (SOC): 
"Embassy Kabul will obtain from the Afghan 
Ministry of Justice its written articulation 
of the legal basis on which it will detain 
Afghan enemy combatants.  In particular, the 
Ministry should be requested to identify the 
relevant legal system (e.g., criminal, 
military), the review process envisioned, and 
whether individuals will be retained at the 
renovated Pol-e-Charki facility."  The 
Detainee PCC is preparing a briefing to 
update the DC on the Afghan detainee legal 
framework.  The briefing will be presented at 
a DC scheduled for February 7. 
 
¶3. (S) Per refs A and B, the GOA has convened 
an interagency group to assess the legal 
basis for detaining each of six "test case" 
detainees.  Per ref A, Post expects the GOA 
to provide a written assessment of the legal 
basis for detaining each of the six detainees 
o/a February 15.  The GOA's written 
assessment also will describe the review 
board it intends to establish to assess the 
legal bases upon which the GOA will hold 
detainees upon their transfer from DoD 
custody and control to the Afghan National 
Detention Facility (ANDF, formerly Pol-e- 
Charki Block IV). 
 
¶4. (S) Action Request:  Recognizing that the 
GOA likely will not complete its review of 
the six test cases in advance of the February 
7 DC, but anticipating that the process of 
evaluating the cases of these six detainees 
has advanced the GOA's thinking on the legal 
bases for detaining enemy combatants 
transferred to ANDF, Department requests that 
Post provide a front-channel report updating 
progress on the action tasked in the DC's 
November 29 SOC, in as much detail as 
possible, no later than February 5, so the 
PCC can include the information in its 
briefing at the February 7 DC. 
 
¶5. (S/NF) Additionally, Department provides 
the following responses to questions Post 
raised in ref A: 
 
-- (S) The most important aspect of the 
Afghan detainee legal framework is the legal 
basis for detaining security detainees -- 
i.e., those individuals that the GOA is 
unlikely or unable to prosecute in the Afghan 
criminal justice system, but rather would 
seek to continue detaining for national 
security reasons.  (Note:  Only one of the 
six test cases appears to be a case the GOA 
would be unlikely/unable to prosecute in the 
Afghan criminal justice system.  End Note.) 
 
-- (S) To the extent possible, the USG 
intends to continue providing the GOA the 
same type of information for future detainee 
transfers that it provided for the six test 
cases.  (Note:  Department will attempt to 
address in the Detainee PCC Post's concerns 
about the time and resources required to 
prepare Dari translations of documents 
provided to the GOA.  End Note.) 
 
-- (S) The USG anticipates that the GOA will 
articulate the requisite legal bases for 
detaining/prosecuting the various types of 
detainees transferred from DoD custody and 
control to ANDF in the context of its written 
assessment of the six test cases.  We 
anticipate that this written assessment will 
be instructive as to the GOA's views on the 
general legal framework for future transfers. 
Once this framework is satisfactorily 
established, the USG will continue to share 
information with the GOA to facilitate the 
GOA review board's determination of the legal 
basis for detaining/prosecuting each 
detainee, but the USG does not anticipate 
that the GOA would provide the USG an 
assessment of the possibility of 
detaining/prosecuting a particular detainee 
prior to his transfer. 
 
-- (S/NF) The issue of back-filling space at 
Bagram with detainees from Guantanamo is 
under discussion in the Detainee PCC.  The 
PCC will present the pros and cons, and 
various departments'/agencies' perspectives, 
to the Deputies Committee on February 7. 
Department welcomes Post's views on the 
matter.  (Note:  Post should not/not share 
with the GOA the fact that this issue is 
under discussion.  End Note.) 
 
¶6. (SBU) State point of contact for this 
request is S/WCI - Mark Stamilio, phone: 
(202) 647-5234, email: 
StamilioMA2@state.sgov.gov.  DoD point of 
contact for this request is DASD-DA - Tony 
Ricci, phone: (703) 571-2635, email: 
Anthony.Ricci@osd.smil.mil. 
RICE