This State Department cable provides talking points concerning informing foreign governments about the transfer of their citizens/nationals to Guantanamo after they were picked-up on the battle field of Afghanistan, and policy guidance for foreign governments to visit and access the detainees at Guantanamo that are their citizens. The cable instructs the Missions/Embassies to inform foreign governments that: the foreign government's access to these detainees is limited to intelligence and/or law enforcement purposes; The United States will video tape and sound record the interviews between representatives of your government and the detainee(s); The senior U.S. representative present may terminate an interview at any time; The U.S. Department of Defense must be provided a copy of your government's final report on the visit; and your Government will be required to reimburse the Department of Defense for all costs associated with the visit incurred by the US Government, including the costs of transportation, lodging, and meals.
UNCLASSIFIED
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'5 Thu Mar 27 20:53:39 2003 (State 80003] L COPY 0 OF 4 Page 2 OP 3
1.3
l':individuals detained in connection with military operationsN 4n Afghanistan. These included (number) national(s) of your 1.ountry. The USG does not intend to make names of the 4Yindividuals being detained at Guantanamo Bay public at this 4' time. r
D
-- These individuals pose a threat to the United States and international peace and security and are being detained on the same basis and under the same status as other detainees held in connection with our military operations.
0 Th
For operational and security reasons, we have transported
them to the U.S. Naval Station at Guantanamo Bay.
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-- All detainees are being treated humanely.
Representatives from the International Committee of the Red
Cross will be given the opportunity to visit with the
detainees at Guantanamo Bay.
S -- Countries of nationality may request through the State Department the opportunity to visit their detainees atGuantanamo Bay for intelligence gathering or law enforcement purposes, subject to specific guidance as described in reftel B.
-- The United states is evaluating the possibility of
prosecuting these detainees in an U.S. forum.
N -- we will also be evaluating the possibility of transferring certain individuals to their country of nationality, including for possible legal action, orcontinued detention. Before making any decisions, however,0 we seek additional information.
-- If you have information concerning these detainees, and especially information concerning any criminal conductD (including violations of the laws of war) that they arealleged to have committed, we would appreciate receiving that information through the law enforcement liaison at our embassy.
-- we would hope you would be able to investigate and
prosecute vigorously all of your nationals who are al Qaida
or have aided al-Qaida terrorists.
11.
S -- Do you have any information from your own sources that connects these persons with al-Qaida or the Taliban?
-- Are there any charges pending against these persons in
your country? If so, what are those charges?
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-- Are you aware of any pending charges against these persons in other countries? If so, what are those charges
and against whom have they been brought?
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-- Would these persons be subject to prosecution in your country, and if so, for what crimes? For crimes committed
inside your country? For crimes committed outside,
including for acts related to the Afghan conflict or
terrorist acts?
D -- What types of punishments are available under your law for offenses that have been or might be brought against these persons in your country?
-- Would your government be willing at some point to detain any of these perscns until the end of hostilities or as otherwise mutually agreed? Before considering transferS to your government's control, USG would need assurance, regardless of the success of any prosecution or the duration of any sentence imposed, that persons transferred would continue to be detained as enemy combatants or be returned to USG control for continued detention so long ashostilities continue. Are there any legal impediments, under your existing law that would not permit your continued detention of these individuals as enemy combatants for the duration of hostilities?
DOS 002838
UNCLASSIFIED
UNCLASSIFIED
.1, Thu Mar 27 20:53:39 2003 [State 80003] L COPY 0 OF 4 Page 1 OF 3
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I @COMMENT: PA -- Eyes Only for A/S Boucher
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280008Z MAR 03 STePS (TOTAL COPIES:000)
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080003 SOURCE: DISKETTE.026662 DRAFTED BY: S/WCI:RMILLER -- 03/27/03 (202) 647-5093N APPROVED BY: S/WCI:PPROSPERDOD/GC:EDAVIDSON DOD/SOLIC:RHYAMS DOJ:JMCATAMNEY L/PM:JADOLAN ID:DPITTMAN /ES-0:KCREIDER0 W:BBRINK S/CT:SMOLNAR
4C0A64 280007Z /38 O 280002Z MAR 03 ZFF6 FM SECSTATE WASHDC
D INFO USINT HAVANA IMMEDIATE USSOUTHCOM MIAMI FL IMMEDIATE USCENTCOM MACDILL AFB FL IMMEDIATE
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I S E C R E T STATE 080003 DECAPTIONED
NODISS MILITARY ADDRESSEES - HANDLE AS SPECAT EXCLUSIVE
E.O. 12958: DECL: 03/27/13
TAGS: PTER, PREL, KAWC,I I
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SUBJECT: MARCH 21 TRANSFER OF DETAINEES TO GUANTANAMO
REF: A) STATE 6135BB) STATE 20095
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Classified by S/WCI -Pierre-Richard Prosper, for reasons
1.5 (b) and (d).
1. (U) This is an action message.
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3. (U) Talking Points
For all Posts:
-- On March 21, a U.S. military aircraft arrived at the
U.S. Naval Base, Guantanamo Bay, Cuba carrying a number of
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: THEODORE SELLIN UNCLASSIFIED DOS 002840
DATE/CASE ID: 29 DEC 2004 200303827