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CONFIDENTIAL CONFIDENTIAL//NOFORN SECRET SECRET//NOFORN UNCLASSIFIED UNCLASSIFIED//FOR OFFICIAL USE ONLY

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### Viewing cable 09BERLIN1548, GERMANY RENEWS CONSIDERATION OF GUANTANAMO

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Reference ID | Date | Classification | Origin
--- | --- | --- | ---
09BERLIN1548 | 2009-12-07 07:07 | CONFIDENTIAL//NOFORN | Embassy Berlin

`

    VZCZCXYZ0000
    PP RUEHWEB

    DE RUEHRL #1548/01 3410728
    ZNY CCCCC ZZH
    P 070728Z DEC 09
    FM AMEMBASSY BERLIN
    TO SECSTATE WASHDC PRIORITY 5983

` `

    C O N F I D E N T I A L BERLIN 001548

    NOFORN
    SIPDIS

    DEPARTMENT PLEASE PASS TO S/GC MICHAEL WILLIAMS

    E.O. 12958: DECL: 12/07/2019
    TAGS: PREL PGOV PHUM PTER GM
    SUBJECT: GERMANY RENEWS CONSIDERATION OF GUANTANAMO
    DETAINEES FOR RESETTLEMENT

    REF: A. STATE 50242
         ¶B. BERLIN 600
         ¶C. BERLIN 625

    Classified By: Ambassador Philip D. Murphy for reasons 1.4 (b,d).

    ¶1.  (C/NF) Summary: In separate December 1 meetings with
    Ambassador Dan Fried, Special Envoy for Closure of the
    Guantanamo Bay Detention Facility (S/GC), the Ministry of the
    Interior, Foreign Ministry and Chancellery expressed a
    willingness to consider seven new cases of Guantanamo
    detainees for resettlement as well as three cases that had
    already been provided to the former government last spring.
    All interlocutors stressed that the MOI is the competent
    ministry handling this issue.  They also expressed the desire
    to be helpful in the spirit of the strong U.S.-German
    bilateral relationship.  Interior Ministry State Secretary
    Beus said that any decision on the cases would likely take up
    to two months and agreed with S/E Fried on the following way
    forward:

    -- the Interior Ministry would be the only ministry
    addressing this issue, especially in regard to sharing
    information on the detainees;
    -- the U.S. and Germany will uphold strict confidentiality
    during this review phase and coordinate timing and content of
    any public messages;
    -- while Germany prefers non-Uighur cases because of expected
    tension with China, it will consider the cases of two Uighurs
    based on humanitarian grounds;
    -- Germany prefers to accept detainees with a connection to
    Germany, which S/E Fried explained to be the case with only
    one detainee, a Tunisian whose file was previously provided;
    -- the German MOI will maintain direct communication with
    S/GC at this stage in the process;
    -- Germany will decide on the need to interview any
    candidates at the end of its review process.

    In a later meeting, Chancellery Security Advisor Christoph
    Heusgen stressed his confidence in Interior Minister Thomas
    de Maiziere to handle this issue, noting de Maiziere's close
    relationship with Chancellor Merkel.  End summary.

    Interior Ministry is Key
    ------------------------

    ¶2.  (C/NF) Based on a schedule recommended by the
    Chancellery, S/E Fried and Ambassador Murphy met first with
    Interior Ministry State Secretary Beus and expressed
    appreciation for the new government's willingness to consider
    resettling detainees.  S/E Fried reviewed the numerous
    European countries which had accepted or pledged to resettle
    detainees at this point, noting that progress has been made
    but more is needed.  He noted he would only be passing along
    detainee dossiers to the MOI and discussing case specifics
    with the MOI, and not with other Government ministries, per
    earlier requests from the government.  S/E Fried handed over
    the dossiers of seven detainees: two Egyptians, two Syrians,
    a Libyan, and two Palestinians.  He explained that if the MOI
    has questions or requires additional information, it can do
    so through established liaison channels and additionally
    offered for a German team to visit Guantanamo to conduct
    interviews with detainees under consideration.  While
    recognizing Germany's preference for non-Uighur detainees,
    S/E Fried raised two Uighur cases for consideration based on
    humanitarian grounds, one who has psychological problems and
    the other, his brother, who serves as a caregiver.  He also
    acknowledged the German interest in detainees who have some
    connection to Germany, noting the one Tunisian case whose
    file had been conveyed last spring as the single detainee
    with those ties to Germany.  In total, S/E Fried requested
    that Germany consider 10 detainee cases for resettlement,
    three cases already conveyed and seven new cases.

    ¶3.  (C/NF) State Secretary Beus expressed his ministry's
    willingness to consider all the cases, including the Uighurs,
    and said that his experts would review the files as soon as
    possible.  Shortly after he began, Interior Minister Thomas
    de Maiziere dropped in to stress his desire to be of help.
    Continuing, Beus underlined the importance of keeping the
    current discussions and review of the detainees confidential,
    to which S/E Fried strongly agreed.  Beus underlined
    Germany's preference for detainees who have some ties to
    Germany, noting that this connection would provide the
    government with a "plausible" explanation for accepting
    certain detainees when faced with the argument that the U.S.
    should be resettling them.  Beus said that he would be
    willing to consider the two Uighur cases on humanitarian
    grounds, but noted that they would present special
    difficulties because of the diplomatic row which would likely

    ensue.  Beus also highlighted that even if the federal
    government agrees to accept any detainees, it must then find
    a German state willing to accept them.  He also said that
    German services would naturally keep an eye on any resettle
    detainees within reasonable resource means.

    ¶4.  (C/NF) Beus also expressed strong interest in
    coordinating the timing and content of any public message on
    Germany's consideration of and decision on resettling
    detainees to prevent political pressure from those who oppose
    the move, but regardless the government will advocate in
    public in favor of taking detainees if they come to a
    positive decision.  He added that being able to say to the
    public that the U.S. has also accepted detainees or otherwise
    explain why the U.S. is not doing so would also be helpful.
    S/E Fried expressed his readiness to coordinate and noted
    that the U.S. has admitted and plans to admit the more
    dangerous detainees for legal proceedings.

    Process and Timeframe
    ---------------------

    ¶5.  (C/NF) Beus said that he and his experts would review the
    files and determine if additional information is needed.  He
    agreed that additional information would go through
    intelligence channels and expressed his preference to
    communicate directly with S/E Fried on any matters at this
    stage of the process.  He said that they would decide whether
    interviews are necessary when the experts have completed
    their review of the information.  He estimated that a
    decision on taking detainees would take one-to-two months.

    MFA Plays Peripheral Role
    -------------------------

    ¶6.  (C/NF) It was clear from the later meeting with MFA State
    Secretary Wolf Born that the Foreign Office would not be a
    major decision-maker as on this issue.  S/E Fried reviewed in
    general terms the cases of detainees that we are asking the
    MOI to consider and also highlighted the humanitarian nature
    of the two Uighur cases, which Born noted.  Born said that
    Foreign Minister Westerwelle wants to be "positive," but
    added that it is the MOI which is the "competent" ministry on
    this issue.  Born mainly asked questions about the numbers of
    detainees still at Guantanamo, U.S. plans for addressing the
    various groups, and the possible closing date, all of which
    S/E Fried discussed with him.

    Chancellery Confirms Reticence about Uighurs
    --------------------------------------------

    ¶7.  (C/NF) In the last meeting, Chancellery Security and
    Foreign Policy Advisor Christoph Heusgen expressed
    appreciation that S/E Fried had proceeded along the lines
    that the MOI and Chancellery had requested through Ambassador
    Murphy.  Heusgen appeared to be already fully briefed on S/E
    Fried's earlier meeting that day with Beus.  He told S/E
    Fried that if Germany were to take any Uighurs, it would be
    best to do so in combination with other European countries to
    prevent China from focusing its opposition on any one
    country.  Heusgen was not optimistic that China would
    demonstrate any understanding for the two humanitarian cases.
     Heusgen inquired as to whether any alternatives for the
    Uighurs exists.  S/E Fried explained possible options, while
    highlighting the difficulty of resettling the two individuals
    he is asking Germany to consider.

    Comment
    -------

    ¶8.  (C/NF) The new government, now in place since October 29,
    appears willing to renew consideration of resettling GTMO
    detainees and has expressed a clear desire to be of help.  In
    contrast to former Interior Minister Schaeuble, current MOI
    de Maiziere has not (and is unlikely to) flouted security
    concerns about cases in the press, nor indicated that Germany
    would be hardpressed to accept any detainees put forth for
    security reasons.  Nor has de Maiziere indicated that the
    fact that the U.S. itself has not resettled detainees
    presents an insurmountable roadblock, although Beus indicated
    that U.S. resettlement would help Germany's PR efforts to
    resettle.  All interlocutors expressed a strong interest in
    keeping the matter confidential and coordinating the timing
    and content of any public message.  Beus projected sincerity
    and realism, noting that even if the federal government
    agrees, it must still identify a state that is willing to
    resettle the detainees.  While all interlocutors did not
    outright reject the two Uighur cases, Heusgen made clear that
    the prospect of being the only European country to irritate
    China by accepting Uighurs would make it difficult, although

    it is unclear whether Germany would take part in any broader
    European decision to resettle Uighurs.

    ¶9. (SBU) There has to date been no mention in the press of
    S/E Fried's visit.

    ¶10.  (U) This cable has been cleared by S/E Dan Fried.
    MURPHY

`