190946    2/7/2009 15:33    09ISLAMABAD280    Embassy Islamabad    SECRET    09ISLAMABAD267    "VZCZCXRO5581 PP RUEHLH RUEHPW DE RUEHIL #0280/01 0381533 ZNY SSSSS ZZH P 071533Z FEB 09 FM AMEMBASSY ISLAMABAD TO RUEHC/SECSTATE WASHDC PRIORITY 1388 INFO RUEHBUL/AMEMBASSY KABUL PRIORITY 9789 RUEHLO/AMEMBASSY LONDON PRIORITY 9614 RUEHNE/AMEMBASSY NEW DELHI PRIORITY 4415 RUEHKP/AMCONSUL KARACHI PRIORITY 1029 RUEHLH/AMCONSUL LAHORE PRIORITY 6726 RUEHPW/AMCONSUL PESHAWAR PRIORITY 5650 RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY RHEBAAA/DEPT OF ENERGY WASHINGTON DC PRIORITY RUEAIIA/CIA WASHDC PRIORITY RUEHUNV/USMISSION UNVIE VIENNA PRIORITY 0107 RHEHNSC/NSC WASHINGTON DC PRIORITY RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL PRIORITY"    "S E C R E T SECTION 01 OF 02 ISLAMABAD 000280

SIPDIS

E.O. 12958: DECL: 02/07/2034 TAGS: PGOV, PREL, PTER, PARM, KNNP, PK SUBJECT: INTERIOR SECRETARY PROVIDES TERMS OF A.Q. KHAN'S MODIFIED DETENTION

REF: ISLAMABAD 267

Classified By: Ambassador Anne W. Patterson for reasons 1.4 (b) and (d)

1. (S) Secretary of the Interior Kamal Shah called in the Ambassador on February 7 to provide a copy of  ""Annexure-A"", the terms of the Islamabad High Court’s decision on Khan’s appeal of his detention (text below).  Shah assured the Ambassador that the Government of Pakistan retains full powers to ensure that Khan remains under tight control.  The court’s decision, Shah argued, provides legal cover for the government, whose prior detention of Khan under house arrest had been extrajudicial.  He expressed the hope that the terms of the court decision would reassure the international community, especially the U.S., that Khan remained neutralized as a potential proliferation threat.

2. (S) Shah expressed regret that Khan had been able to make comments to the press, but told the Ambassador that the impromptu press conference outside of Khan’s home had been conducted prior to the formal release of the court’s decision and had thus caught the law enforcement agencies unprepared.  He noted that President Zardari had been extremely upset when he heard that Khan had been able to speak to the press.  S.M. Zafar, Khan’s prominent and highly respected lawyer, had pledged to the government afterwards, however, that the meeting with the press would be Khan's ""first and last"" such encounter.

3. (S) In regard to the terms of the court decision, Shah said that Khan had accepted all terms except two or three, which had then been ordered by the court.

4. (S) Following is the text of ""Annexure-A"", which is under seal by the court:

W.P. No. 1503 of 2008

Dr. Abdul Qadeer Khan versus Government of Pakistan. After arguing the matter at some length, the respondent No. 1 has offered the following terms and conditions which the petitioner has accepted:

a. No visit to strategic organizations or their subsidiaries, as determined by the authorities, shall be requested by Dr. A.Q. Khan.

b. Dr. A.Q. Khan shall not call any person from the strategic organizations for a meeting without prior permission of the authorities.  Doctors/staff/facilities of KRL Hospital will, however, continue to be available as per existing practice.

c. While planning a visit to out stations, the authorities shall be informed 48/24 hours in advance enabling the authorities to take necessary security steps at the destination and during transit.  In case of Karachi, the information would be provided 03/02 days prior to planned movement.

d. While arranging social functions at home, restaurants and hotels, the invitees and the venue must be cleared with the local security staff amicably.  Dr. Khan will not invite any foreigner.  Anybody who could be detrimental to his security will also not be invited.

e. Interaction through any means including electronic methods with Pakistanis or foreigners who were debriefed/suspected of nuclear proliferation shall not be requested/undertaken.

f. Foreign visits shall not be requested.

g. The level of the security inside and outside his residence and during any movement, visible and invisible, shall ensure his personal security.

h. That the movement of Dr. A.Q. Khan in Islamabad shall be subject to conditions defined and agreed at paragraphs c and g above.

ISLAMABAD 00000280  002 OF 002

In view of the above, this Court feels that Dr. Khan needs a foolproof security plan and none can afford any lapse in this regard.  It is, therefore, ordered that the following measures should also be put in place by the Government for Dr. Khan’s security:

a. The petitioner must keep his movements secret and avoid visits to public places.

b. The Secretary Interior Division will depute an officer of the rank of Grade 18/19, who shall be responsible for the security of the petitioner.  The said officer shall advise the petitioner regularly about the risks involved in his visit to a particular place and the petitioner shall act upon such advice in view of his own safety and well-being.

c. The said officer shall be bound to inform this court about the compliance of the orders of this Court by both the parties including the well being and safety of the petitioner on a quarterly basis.

d. The said officer shall report to this court about any extra security requirement in addition to above security. However, in view of the peculiar nature of the case, its international ramifications and considering all surrounding circumstances, the court further orders:

a. That Dr. Khan shall join the pending inquiry/investigation on proliferation, as and when required by competent officials.  He is also directed to return any material or document etc. on Pakistan’s nuclear program, if any, in his control.

b. Dr. Khan should refrain from exploiting specific media personnel to influence public opinion on various national/international issues without Government clearance.

c. Dr. Khan should refrain from indulging in any political activities and high profile socialization, whatsoever.

Dr. Khan shall thus have liberty in lieu of his services rendered but within the framework mentioned in the aforementioned paras.

The writ petition is thus disposed of in the above terms. End text.

5. (S) Comment: Despite the government’s protestations to the contrary, the court order clearly provides Khan with significantly greater freedom than has been the case until now, although his freedoms of movement and association remain heavily circumscribed.  It remains to be seen, of course, how strictly the government will demand that Khan abide by the terms of the court order.  The government, particularly President Zardari, seemed surprised at the timing of the court's decision and he was particularly mindful of how this will be received by the international community.  As noted in reftel, Khan remains a hero in the eyes of most Pakistanis, and the manner in which news of the decision leaked out on February 6, along with Khan’s appearance in the press, will have raised popular expectations that he will be free to lead a more-or-less normal life. PATTERSON "