DOS Cable re: Attorney for Australian Detained at Guantanamo Bay Writes to Ambassador, April 29, 2002

The U.S. Mission in Australia received a letter from an attorney purporting to represent a detainee at Guantanamo. The letter states that that "We are greatly concerned that has not been given due process, natural justice and fairness. We believe that the United States is a country that respects the rule of Law and would continue to do so." and "We would like to work with you to ensure that the interests of justice are served."

Doc_type: 
Cable
Doc_date: 
Monday, April 29, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

UNCLASSIFIED

RELEASED IN 41 0

NotesTele

UNCLASSIFIED B7(C),.B6 TELEGRAM April 29, 2002
To:N

No Action Addressee

Action:N

Unknown

From:N

AMEMBASSY CANBERRA (CANBERRA 850 - UNKNOWN)

, TAGS:N

PGOV, CJAN, PTER, MOPS

Captions: None

Subject: ATTORNEY FOR AUSTRALIAN DETAINEE WRITES TO AMBASSADOR

Ref:N

None

UNCLASNCANBERRA 00850

CANCX:
ACTION: POL
INFO: ADM AMB DCM PAO ECON EXO

CLANO1:
INFO:N

DAO •

DISSEMINATION: PO
CHARGE: PROG

APPROVED: DCM:MPOWENS
DRAFTED: POL:GGFERGIN
CLEARED: POL:JYOUNG

VZCZCCBA754
00 RUEHC RUEHDN
DE RUEHBY #0850 1190716
ZNR UUUUU ZZH
0 290716Z APR 02
FM AMEMBASSY CANBERRA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2782
INFO RUEHDN/AMCONSUL SYDNEY 3800
BT
UNCLAS CANBERRA 000850

SENSITIVE

FOR L/EAP - JAMES HERGEN

Page 1

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: HARRY R MELONE
DOS-000744
DATE/CASE ID: 26 NOV 2004 200303827 UNCLASSIFIED
UNCLASSIFIED

NotesTele

E.O. 12958: N/A TAGS: PGOV, CJAN, PTER, MOPS, AF, AS, B7(C) SUBJECT: ATTORNEY FOR AUSTRALIAN DETAIL WRITE. TO AMBASSADOR
1. On April 29 Amconsul Sydney received by fax a letter to

B6
the Ambassador from Nan attorney who said he was representing/ B7(C)
J

Australian citizen who, according to Australian press
reports, is in U.S. custody in Afghanistan.

2. ACTION RE UESTED: Please provide uidance on how to respond to NB6
letter. SinceNhas already told the Austra Jan press that he has sen a etter to the Ambassador requesting information onNwe would B7(C) appreciate guidance for an interim rep y . by 00B Canberra time on April 30.
3. Following is the text of letter:N B6

26 April 2002

Dear Ambassador,
NN

RE: THE DETENTION OF BY THE UNITED STATES OF B7(C) AMERICA
We refer to the above and advise we are the solicitors acting
for I

N

11

We have received correspondence from the Australian Department

of Foreign Affairs and Trade and the Attorney General's

Department stating that Nis detained by United States
Authorities at Baghram Air t'orce ase in Afghanistan.

Could you please advise whether INis being detained in

Afghanistan or elsewhere by the U.b. Iutnorities?

The Prime Minister of Australia has stated publicly that it is

possible that N'could be transferred to Camp X-Ray,

Guantanamo Bay Navel (sic) Base, Cuba. Could the U.S. Embassy

please advise whether this is going to occur or of any other

arrangements in relation to

Could the U.S. Embassy also advise on what authority or
covenant of international law authorizes the detention of

Page 2

DOS-000745
UNCLASSIFIED UNCLASSIFIED
NotesTele
As you may understand)NI, her children and the rest of
the extended N

!family are greatly concerned by the
detention of NI. Since his detention on 5 October 2001
thel N

amily have had absolutely no contact with
Would the U.S. Embassy be able to make arrangements for
correspondence between'Nland his family.

As I NIsolicitors, we formally request a legal access
visit to interview IN( We are willing to give
undertakings or sign a secrecy agreement not to disclose any
information that may breach any issue of security in relation
to information discussed with NWe are also willing
to have discussions with United states Authorities in relation
to what may or may not constitute a security issue and work
within an agreed framework.

We are greatly concerned thatNhas not been given due
process, natural justice andNfairness. We believe
that the United States is a country that respects the rule of

Law and would continue to do'so.

We would like to work with you to ensure that the interests of
justice are served.

We thank you in advance for your assistance and if you wish to
discuss any of the issues raised in this correspondence please

feel free to contact the write on the numbers below or on
mobile telephone

Yours sincerely,

SCHIEFFER
BT

#0850

Additional Addressees:
None

cc:
None

Distribution:

N/A
Page 3

DOS-000746
UNCLASSIFIED

Doc_nid: 
6097
Doc_type_num: 
68