DOS Cable re: Government Asks Judge to Dismiss Guantanamo Detainees' Suit for War Prisoner Status

State Department cable concerning a filing in French court by families of two French nationals, seeking declaration of POW status for detainees. The French government argued against the family's actions. The cable indicates that the French judge has "doubts about the legal merits of the case". There was limited press coverage of the matter.

Doc_type: 
Cable
Doc_date: 
Monday, October 21, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

. C4rent Class: CONFIDENTIAL Page: 1

UNCLASSIFIEDP
Cui-rent Handling: n/a
Document Number: 2002PARIS07570 Channel: n/a

PTQ9450

CONFIDENTIAL )
PAGE 01 PARIS 07570 211655Z
ACTION OCS-03

TEDE-00 LAB-01 LBA-00
PRM-00 NFAT-00 SAS-00

INFO LOG-00 AMAD-00 EUR-00 L-00

DRL-02 /006W

FBC43S 211656Z /38
O 211656Z OCT 02
FM AMEMBASSY PARIS

RELEASED IN PART
TO DEPARTMENT OF JUSTICE WASHDC IMMEDIATE
SECSTATE WASHDC IMMEDIATE 1362 Bl, 1.4(D)
INFO AMCONSUL MARSEILLE PRIORITY
AMCONSUL STRASBOURG PRIORITY

CONFIDENTIALPARIS 007570
DOJ FOR BRUCE SCHWARTZ

E.O. 12958: DECL: 10/20/2007
TAGS: CJAN, PHUM, FR
SUBJECT: GOVERNMENT ASKS JUDGE TO DISMISS GTMO DETAINEES'
SUIT FOR WAR PRISONER STATUS

CLASSIFIED BY: POL/M-C SHARON WIENER FOR REASONS 1.5 (B) AND (D).

1. (U) THE FAMILIES OF TWO FRENCH NATIONALS BEING HELD AT
GUANTANAMO BASE HAVE FILED SUIT IN THE FRENCH COURTS SEEKING
PRISONER OF WAR STATUS FOR THE DETAINEES. ON FRIDAY OCTOBER
18, A FRENCH JUDGE HEARD THE LEGAL ARGUMENTS IN THE CASE.
THE FRENCH GOVERNMENT ATTORNEYS RECOMMENDED THAT THE SUIT BE
DISMISSED; CITING THE COURT'S LACK OF COMPETENCE IN THE
MATTER. THE GOVERNMENT ATTORNEY SAID THE DETAINEES'
SITUATION IS "UNBEARABLE," BUT "ONE WOULD HAVE TO QUESTION

CONFIDENTIAL

PAGE 02 PARIS 07570 211655Z
THE VALUE OF A DECISION BY A FRENCH JUDGE CONCERNING A
SOVEREIGN COUNTRY."

2. (U) THE JUDGE INDICATED HIS DOUBTS ABOUT THE LEGAL MERITS
OF THE CASE AND ASKED THE FAMILIES' LAWYERS TO INDICATE
PRECISELY WHICH STATUTES OF LAW PERMITTED SUCH A CASE. THE
LAWYERS ARGUED THAT THE CASE HAS STANDING BECAUSE OF FRENCH
OBLIGATIONS UNDER THE GENEVA CONVENTION AND FRENCH JUDICIAL
RESPONSIBILITY TO PROTECT THE RIGHTS OF ALL FRENCH CITIZENS.

Current Class: CONFIDENTIAL Page: 1

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD DOS-002113 DATE/CASE ID: 04 NOV 2004 200303827
UNCLASSIFIED

Doc_nid: 
6537
Doc_type_num: 
68