LEBANON: UNIIIC COMMISSIONER ON THE FOUR GENERALS, REQUEST FOR ADDITIONAL SYRIA-LINKED INFORMATION

Reference ID 09BEIRUT109
Date 2009-01-27 04:16
Released 2010-12-01 19:07
Classification SECRET//NOFORN
Origin Embassy Beirut


VZCZCXRO6148
PP RUEHAG RUEHBC RUEHDE RUEHKUK RUEHROV
DE RUEHLB #0109/01 0271616
ZNY SSSSS ZZH
P 271616Z JAN 09
FM AMEMBASSY BEIRUT
TO RUEHC/SECSTATE WASHDC PRIORITY 4075
INFO RUEHEE/ARAB LEAGUE COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 3390
RUEHNO/USMISSION USNATO 3597
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHEHAAA/NSC WASHDC
RUEKJCS/SECDEF WASHDC


S E C R E T SECTION 01 OF 03 BEIRUT 000109

SIPDIS
NOFORN

DEPT FOR NEA/FO, NEA/ELA
ALSO FOR IO PDAS WARLICK
P FOR DRUSSELL AND RRANGASWAMY
USUN FOR WOLFF/GERMAIN/SCHEDLBAUER
NSC FOR MCDERMOTT

E.O. 12958: DECL: 01/26/2019
TAGS: PREL, PGOV, PTER, PINR, UNSC, LE, SY
SUBJECT: LEBANON: UNIIIC COMMISSIONER ON THE FOUR GENERALS,
REQUEST FOR ADDITIONAL SYRIA-LINKED INFORMATION

REF: USUN NEW YORK 000044

Classified By: Ambassador Michele J. Sison for reasons 1.4
(b) and (d).

SUMMARY
-------

1. (S/NF) UNIIIC Commissioner Daniel Bellemare explained to
the Ambassador in a January 26 meeting the issues surrounding
the release or transfer to The Hague of the four generals
currently in Lebanese custody in connection with former PM
Rafiq Hariri's assassination. According to Bellemare, the
Special Tribunal for Lebanon (STL) has 60 days starting March
1 to request a transfer of the generals from Lebanese custody
to the STL. Once they are transferred, Bellemare suspects he
will face pressure by the STL to bring a case against the
generals or release them. Replying "no comment" on whether
he has enough evidence to bring a case, he nonetheless went
on to say that if the judges were released in the
Netherlands, he (and the Dutch) fear they could seek asylum
from the Dutch government. If Bellemare does not request the
transfer, the Lebanese could continue to detain the generals,
in the face of mounting public pressure, or release them.
Bellemare stressed the need for information from the U.S. to
assist him in his final investigations in Syria under Chapter
VII authority. Bellemare also raised internal UN management
issues that continued to soak up his time. End summary.

WHEN TO RELEASE
FOUR DETAINED GENERALS
----------------------

2. (S/NF) The Ambassador, accompanied by LegAtt and PolOff,
met with UNIIIC Commissioner Daniel Bellemare in Monteverde
on January 26. Bellemare explained that the Special Tribunal
for Lebanon (STL) has 60 days starting March 1 to request the
GOL to transfer the four generals, currently held in Lebanese
custody in connection with the assassination of former PM
Rafiq Hariri, to the STL in The Hague. Bellemare, carefully
asserting that he had "no comment" on whether or not he has a
case against the generals, added that there is no time frame
from the date of request by which they must actually be
transferred.

3. (S/NF) Bellemare said he suspected that Lebanese Public
Prosecutor Saiid Mirza wants the generals transferred to the
STL. Bellemare explained that, while it has been pointed out
to him that no one can dictate to the STL how long the STL
can detain the generals, implying that Bellemare could detain
them indefinitely in The Hague, he disagreed with this
approach in part because he feared that he might face legal
pressure (by the STL itself) to release them immediately if
he did not have a case. Bellemare added that the generals
could not be released on bail (per the Lebanese code of
criminal procedure, Section 108), but could be released
without condition. In such a scenario, the GOL could put
them under surveillance, he noted.

4. (S/NF) Bellemare noted that one concern held by the Dutch
government is that the generals would seek asylum if released
by the STL. Another worry is that one of the four, former
Surete Generale DG General Jamil Sayyad, would run in the
parliamentary elections, an idea evidently supported by
opposition leader Suleiman Franjieh and Hizballah.

5. (S/NF) Bellemare further expressed concern that
transferring the generals could be a dangerous operation,
noting that Hizballah does not want the generals to leave
Lebanon. A transfer would need to be coordinated with
Lebanese authorities, making the operation even more
vulnerable because of possible Hizballah penetration of those
authorities, in his view. If the GOL decides to release the
four, it should put as much distance between the generals'
release and the parliamentary elections on June 7, Bellemare
recommended. (Note: We agree. End note.)

"IF THERE IS ASSISTANCE TO PROVIDE,

BEIRUT 00000109 002 OF 003

PROVIDE IT NOW"
-----------------------------------

6. (S/NF) Noting that he would return to Syria in February
for the last time under Chapter VII authority, Bellemare
stressed the urgency of receiving information from the U.S.
to use during interrogations. "If there is assistance to
provide," he pleaded, "Please provide it now." Specifically,
he requested information on "human vulnerabilities,
suggestions on questions to ask, people who do not fit into
our charts, partial answers we can use to test the subjects."
Bellemare explained that the level of interrogation his
consultants would employ during this trip to Syria would be
"very different from previous visits, but I need the
ammunition to conduct these interrogations."

7. (S/NF) Bellemare complained that the Syrians treat UNIIIC
as "school kids in short pants." He explained, "They provide
us with 40,000 pages in Arabic. After we translate them and
find nothing of interest, they feign surprise and hand us
another 40,000 pages in Arabic." He assessed that the
Syrians are nervous because they do not know what information
UNIIIC has collected to date.

CONCERNED ABOUT SAFETY OF STL JUDGES
------------------------------------

8. (S/NF) Bellemare said that the four of the eleven STL
judges who are Lebanese have chosen to move back and forth
between The Hague and Lebanon. Acknowledging the security
concern, Bellemare said he suspected the judges conditioned
their acceptance to the position on retaining freedom of
movement. (Comment: One of our Embassy LES members
suggested that he knew the identity of one of the judges
because the Internal Security Forces had recently beefed up
security outside of the judge's residence. End comment.)

ISSUE OF APPOINTING A DEPUTY PROSECUTOR
---------------------------------------

9. (C) According to Bellemare, appointing a Lebanese Deputy
Prosecutor has become problematic. He reported that during
January 2008, he interviewed candidates and the UN Office of
Legal Affairs (OLA) will submit his confidential
recommendation to the cabinet, which will appoint the
individual. He expected that the cabinet would discuss the
appointment in time for the March 1 deadline (reftel).
However, he relayed that he heard majority leader Saad Hariri
was displeased with his recommendation, believing the
candidate is "too independent", and may request his Future
Movement ministers to block the appointment.

10. (C) Bellemare noted that Public Prosecutor Saiid Mirza,
close to Saad, supported Bellemare's recommendation.
Acknowledging that he could start work without a deputy,
making an appointment without delay is nonetheless important
for symbolic purposes because the deputy position is a
Lebanese national.

11. (C) The power of the veto also worried Bellemare as he
considered the potential composition of the next cabinet.
Bellemare wondered whether a cabinet dominated by what is
currently the opposition would attempt to stop GOL funding to
the STL, despite its obligations under an international
agreement.

STILL PLAGUED BY MANAGEMENT ISSUES
----------------------------------

12. (C) Bellemare expressed his frustration that the STL
Management Committee ruled that the STL would not participate
in the Interagency Mobility Accord (reftel), which is
designed to facilitate mobility between organizations
participating in the UN common system. Declaring that he
would seek a revision to this decision, Bellemare argued it
was more expensive to recruit new people than to transfer
them from within the UN system. He also stressed that he
needed the "best individuals possible" and did not want to

BEIRUT 00000109 003 OF 003

discourage qualified applicants because of a tedious transfer
process that could cost them some of their benefits.
A SMALL UNIIIC PRESENCE TO REMAIN
---------------------------------

13. (S/NF) Mentioning that he would travel to The Hague in
February to find an apartment and attend the next interagency
working group, Bellemare said that a small field office of
UNIIIC would remain in Beirut. He said the remaining 10 or
20 individuals would likely change the location of their
offices, but that was not yet decided.


SISON



Source: Wikileaks