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FM AMEMBASSY TRIPOLI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4943
INFO RUEHAS/AMEMBASSY ALGIERS IMMEDIATE 0963
RUEHTU/AMEMBASSY TUNIS IMMEDIATE 0841
RUEHEG/AMEMBASSY CAIRO IMMEDIATE 1495
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S E C R E T TRIPOLI 000494 
 
NOFORN 
SIPDIS 
 
FOR NEA/MAG AND S/WCI; NSC FOR MCDERMOTT 
 
E.O. 12958: DECL:  6/21/2019 
TAGS: KBTR PREL PGOV PHUM PTER PINR PINS LY
SUBJECT: FM KUSA NONCHALANT ON RETURN OF LIBYAN GTMO DETAINEES 
 
REF: State 027279 CLASSIFIED BY: Gene A. Cretz, Ambassador, U.S. Embassy - Tripoli, U.S. Dept of State. REASON: 1.4 (b), (c), (d)

¶1. (S/NF) During a June 21 meeting, Ambassador pressed FM Musa Kusa to establish a more direct mechanism to provide regular U.S. Embassy access to returned GTMO detainees and information on their legal status, saying the GOL's cooperation could improve prospects for the return of other Libyan detainees.

¶2. (S/NF) Kusa said the GOL had cooperated with the U.S. on apprehending and questioning al-Qaeda terrorists since the September 2001 attacks in New York. Kusa and other Arab security chiefs (Kusa was head of Libya's External Security Organization until his appointment as Foreign Minister this year) had expected the USG to return the al-Qaeda suspects to their countries of origin after questioning by the U.S., but this had not transpired. The GOL understands that the USG is "under pressure" from human rights groups not to return the suspects to certain countries. While Libya wants to be helpful, it is not pressing for the return of the remaining Libyan detainees to Libya. "We are not overly concerned about them," he said.

¶3. (S/NF) If the USG does decide to transfer the detainees to Libya, Kusa asked that the GOL be informed in advance. The detainees would be incarcerated and referred to the Qadhafi Development Foundation (headed by Saif al-Islam al-Qadhafi), which operates a rehabilitation program for extremists in Libya's security prisons. The detainees would be entitled to family visits like other prisoners. Kusa warned that some of the Libyan detainees might return to violence if they were released. The Ambassador pressed several times for Kusa's commitment to provide regular Embassy access and information on the current returnees' legal status, but Kusa did not make any specific commitments in this regard.

¶4. (S/NF) Comment: Kusa's comments reflect no change in Libya's policy of providing limited access and information regarding detainees returned to Libya. The GOL appears reluctant to agree to a formal mechanism to provide regular access and detailed information on detainees' legal status -- issues it considers to be sensitive internal matters. That said, the GOL has granted the Embassy access to the two returnees currently in Libyan custody on a case-by-case basis (the access has at times been timely, but more often has come after significant delay) and has continuted to offer assurances that the detainees are being treated humanely. End comment. CRETZ