VZCZCXYZ0001
PP RUEHWEB
DE RUEHC #0242 2430825
ZNR UUUUU ZZH
P 282249Z AUG 09
FM SECSTATE WASHDC
TO RUEHBS/AMEMBASSY BRUSSELS PRIORITY 4765-4766
INFO RUEKJCS/SECDEF WASHINGTON DC PRIORITY PRIORITY
RUEHNO/USMISSION USNATO PRIORITY 1579-1580
RHMFISS/JOINT STAFF WASHINGTON DC PRIORITY
UNCLAS STATE 090242
SENSITIVE
C O R R E C T E D C O P Y (SENSITIVE CAPTION ADDED)
SIPDIS
E.O. 12958: N/A
TAGS: MARR MOPS NATO PREL AF
SUBJECT: ABU GHRAIB AND AFGHANISTAN DETAINEE TALKING POINTS
REF: BRUSSELS 984
1. (U) Embassy Brussels may draw upon the points in paras 2-3
below in answering questions about the status of Abu Ghraib
prison in Iraq and about detainee policy and practice in
Afghanistan. The points in para 4 can be shared as a fact
sheet.
Status of Abu Ghraib
--------------------
2. (U) Abu Ghraib prison was transferred to the Government of
Iraq on September 2, 2006. The facility is now controlled by
the Iraqi Ministry of Justice and has been renamed "Baghdad
Central Prison." The GOI reopened the facility in February
2009. Questions about the prison should be directed to the
Government of Iraq.
NATO/ISAF Detainee Procedures
-----------------------------
3. (U) According to ISAF standard operating procedures, ISAF
troop contributing nations (TCNs) release or hand over to the
appropriate Afghan authorities, any detainee captured by ISAF
personnel within 96 hours of capture. ISAF procedures allow,
under exceptional circumstances, the period of time prior to
transfer to be extended beyond 96 hours for medical or
logistical reasons. U.S. Forces operating under the auspices
of ISAF release or hand over detainees to the appropriate
Afghan authorities within 96 hours of capture, pursuant to
ISAF procedures.
OEF Detainee Procedures
-----------------------
4. (U) The following points on U.S. detainee procedures
under Operation Enduring Freedom (OEF) can be shared with
government officials, NGOs, and the media as a fact-sheet.
-- U.S. Forces hold detainees at the Bagram Theater
Internment Facility (BTIF) in accordance with the law of war.
Detainees remain in DOD custody unless and until a review
board determines that the threat they pose may be
sufficiently mitigated without continued detention by U.S.
Forces.
-- Where appropriate, DOD transfers detainees to Afghan
authorities for prosecution under Afghan law. To date, the
Afghan Government has tried more than 400 detainees, with a
conviction rate of approximately 83%. These detainees are
held by the Afghan Government at the Afghan National
Detention Facility (ANDF).
-- To improve our ability to assess each detainee's status,
threat, and potential for rehabilitation and reconciliation,
DOD has developed enhanced detainee review procedures for the
BTIF. The modified procedures also enhance each detainee's
ability to challenge his or her detention.
-- DOD intends to implement the new procedures this fall,
following a 60-day congressional notification period required
by U.S. law.
-- Building on lessons learned in our detention Operations in
Iraq, DOD is building a new BTIF, to be completed this fall.
-- The new facility is designed to house the current
population of approximately 600 detainees and it will have a
surge capacity of nearly 1200 detainees. The design includes
features such as classrooms where detainees can participate
in basic education classes and religious discussions, and
vocational facilities where detainees can develop technical
skills that will enable them to find employment upon their
release. The goal of these programs is to assist the
detainees in becoming productive members of Afghan society
when they are eventually released.
Background
----------
5. (U) U.S. Forces operating under the auspices of Operation
Enduring Freedom (OEF) currently hold approximately 600
detainees at the Bagram Theater Internment Facility (BTIF).
These detainees are believed to be part of, or substantially
supporting, Taliban or al-Qaida forces or associated forces
that are engaged in hostilities against the United States or
its coalition partners, including those who have directly
supported hostilities in aid of such enemy forces. U.S.
Forces operating under the auspices of the International
Security and Assistance Force (ISAF) turn detainees over to
Afghan authorities within 96 hours of capture, pursuant to
ISAF policy.
6. (SBU) Since 2007, DoD has transferred 691 detainees from
the BTIF and Guantanamo to the Afghan National Detention
Facility (ANDF). Of these, 435 have been prosecuted in
Afghan courts, with a conviction rate of 83%. The Afghan
Government has released 357 detainees from the ANDF, either
without trial or following acquittal or service of sentence.
Detainees whose threat cannot be mitigated through criminal
prosecution remain in DoD control, unless and until a review
board determines that they may be safely released.
7. (U) On July 2, 2009, DoD approved new procedures for
reviewing the status of detainees at the BTIF. These
enhanced procedures significantly improve DoD's ability to
assess whether the facts support the detention of each
detainee as an unprivileged enemy belligerent, the threat
each detainee represents, and the detainee's potential for
rehabilitation and reconciliation. The modified procedures
also enhance the detainee's ability to challenge his or her
detention. The Detainee Treatment Act requires DoD to notify
the Committees on Armed Services and the Committees on the
Judiciary of the Senate and House of Representatives at least
60 days before changes in detention procedures go into
effect. DoD provided written notice of these changes on July
14, 2009.
8. (U) DoD is building a new BTIF, which is expected to be
completed in the fall of 2009. The facility is designed to
hold 672 detainees, and it will have a surge capacity of
nearly 1,200. The design of the new BTIF also will better
accommodate detainee rehabilitation efforts and thus support
the broader counter-insurgency campaign.
CLINTON