DOD Notes re: Points on Issues raised in UK letter to Secretary Powell

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<p>These notes are a synopsis of points the British government raised with Sec. State Powell concerning the living conditions of detainees at Guantanamo. The Notes detail talking points and matters covered in Sec. State Powell's response to the UK's inquiry; details why these UK citizens cannot be released despite requests from UK government; and reasons that detainees continue expressing a &quot;willingness to participate in future terrorist operations&quot;. Also states that familial and consular visits are not allowed for security reasons.</p>

Doc_type: 
Non-legal Memo
Doc_rel_date: 
Wednesday, June 14, 2006
Doc_text: 

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" (iSi0 ?td.\ ~ \ DoD Poillts on Issues Raised in UK letter to Secretary Powell Living conditions of Detaipees • Size of individual detention units is adequate and humane: 6'S" x R'O" approx. • Exercise period: two periods per week, Detainees arc also pcl1llitted to exercise in their ventilated units as often as they wish. • The United States has treated and will continue to treat enemy combatants humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles ofthe Third Geneva Convention of 1949. • New ventilated detention facilities have been constructed by the United States to house the ctlemy combatants detained at Guantanamo 'Bay. • The United States, is providing detainees with: • shelter, ~ running water and toilets, • beds and blankets, • personal toiletries, • new towels and washcloths, • new clothing and shoes, . .. the opportunity to take showers regularly, and • three culturally appropriate meals a day (average weight gain has been about 14.5 Ibs per person).' • Each detainee has his own living unit. • The United States is providing detainees excellent medical and dental care·· the same type of care available to U.S. troops. For example, detain.c;~s have . received routine medical and dental care, prescription medication, ~y.e:. ,~~. examinations an'd corrective eyewcar, repaiJ:'ed or new prosthetic devIceS, 'and, whenserious medical concerns require, hospitalization and.surge!'Y::,~. ;'" .\ ",' • These enemy combatants are given the opportunity to worship frc~i~~~hil~, under US control, and those who so desirc have been given copies' of the' .. Koran. ~:' .... ., ., :;~;:': ." ..... : . ',".; •••.• 'to 1, ___..____•••••••• - • Representatives of the International Committee oflhe Red Cross ("JeRe") individually and'privately visit the enemy combatants under US control on a regular basis. ' • En'emy combatants detained at Guantanamo are aIlowed to receive and send personal mail, subject to screening for security and operational purposes. All wJ'lo so desire have communicated by mail with their families and some have met with government officials from their country of nationality. • Detainees are allowed to send and receive mail at Gua'ntanamo. Both incoming and outgoing mail is screened and often has to be translated for this screening to occur. )TF·GTMO han,dles detainee mail in a timely fashion considering the screening and translating requirements. Family communications are limited to sending and receiving mail and there arc no family-.:visits allowed at Guantanamo. • NOTE: Following are talking poilUs Amb Prosper used with tlu: UK that wer~f()r public reJeQse (updated only to reflect currellt number ofdetainees.) • On August 29111, at the interagency experts group on detainees meeting, you asked for talking points iliat can be used to publicly characterize the UK detainees on your trip to the UK. in mid September 2002. • We are detaining eight (soon to 'be nine) UK natlonals as enemy combatants at Guantanamo. • We understand 'that HMG is under pressure from'the families of the detainees concerning their condition. starns, and treatment. We assure you that th.ey continue to be treated humanely_ , . • .We have received several demarches by your government regarding a~~S,IO. . . : . ... ',. .:':... and {nfonnatton about the UK detainees at Guantllnamo. We have giv.~,'l{MG . ." .. i.'-. :.~. complete access to intelligence and law enforcement information. '.',. '.' .. " • We take the requests from your government seriously. However, these' ." individuals are extremely dangerous and cannot simply be released. For example, we know that: '. .. j I i· • Two of them admitted to training and fighting with AI Qaida and continue 10 express a willingness to participate in future terrorist operations. • Four of them admitted to training and fighting wit~ the Taliban. • One detainee. possibly associated with AI Qaida. holds a: c.ollege degree in a specialty thal makes him knowledgeable on bomb making and other terrorist tradecra ft. . • A full assessment is still underway for all eight of the UK enemy combatants. • It is important to remember that the UK detainees were captured as enemy combatants. Ifreleased, we expect them to return to the batt1efield "to fight another day". • We remain in contact with the your government on these matters. So far these consultations have not yielded a suitable alternative to continued detention at Guantanamo. • Representatives ofthe International Committee ofthe Red Cross (leRe) visit enemy combatants under US control. ' II Foreign Governments are pennitted to schedule visits to their own nationals and, on occasion, to other detainees if they have specific law enforcement or intelligence needs to visjt them. These visits are only authorized for law enforcement and intelligence purposes. Government visits ofa consular nature arc not authorized. • Visits by attorneys, family members, and membeh ofnon-governmental organizations or public interest groups are'not pennitted. • These detainees ~re enemy combatants and can be held until the end oftne conflict. It wouid be inappropriate to pennit consular, couns.eI or family visits during a time ofwar. . I. Family Visits: Ifasked why familjes may not visit their family members/detainees: • We are at war. Those detained by the United States are enemy combatants. No law or custom ofwar provides that families have any right ofaccess to detained enemy combatants. • For operational, security and force protection reasons it is not possible to permit family members to visit enemy combatants. H, Attorney Visits: Ifasked why attorneys may not visit their client/detainees: • In this war, as in every war, enemy combatants have no right to counselor access to courts for the purpose of chaUenging their detention. . • Access to counsel, in the absence of criminal charges, by enemy combatants would directly interfere with our security interests and the ongoing efforts ofthe United States and its coalition partners (0 gather and evaluate intelligence about the enemy, its capabilities, and its plans, • If a detainee is charged with a crime, the individual would have access to counsel and would receive a fair trial. .. • To date, no enemy combatant at Guantanamo has been· charged with a crime, Ill. Consular Visits: If asked why governments may not conduct visits of a . consular nature to detennine and report on the health and welfare of their nationals, or why the USG does not include such matters in otherwise authorized visits: • For operational and security reasons, visits by foreign officials to Guantanamo must be mission-essential or further law enforcement objectives or intelligence gathering,· • Consular visits do not meet these criteria, '. \\SEUREXSNTSF\U 00 Points on Detainee Issues 1.22.03.doc " ...

Doc_nid: 
4684
Doc_type_num: 
63