State Department cable concerning Ambassador Prosper's March 10-11 Visit to Copenhagen for dialogue with Danish government. Includes summary of discussions of Guantanamo detainees, dialogue with NGOs, including questions of torture. Document has significant redactions.
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CONFIDENTIAL PTQ8580 RELEASED IN PART
B 1, 1.4(B), 1.4(D)
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FM AMEMBASSY COPENHAGEN
TO SECSTATE WASHDC PRIORITY 7619
INFO NATO EU COLLECTIVE PRIORITY
JOINT STAFF WASHDC PRIORITY
SECDEF WASHINGTON DC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 03 COPENHAGEN 000525
E.O. 12958: DECL: 03/11/2013
TAGS: PREL, PTER, PHUM, DA
SUBJECT: GUANTANAMO DETAINEES: AMBASSADOR PROSPER'S
COPENHAGEN CONSULTATIONS
REF: COPENHAGEN 479
CLASSIFIED BY: COUNSELOR FOR POLITICAL AND ECONOMIC AFFAIRS
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BLAIR HALL, REASONS 1.5 (B) AND (D)
1. (C) SUMMARY. AMBASSADOR PROSPER'S MARCH 10-11 VISIT TO
COPENHAGEN FURTHERED THE ONGOING, CONSTRUCTIVE DIALOGUE WITH
THE DANISH GOVERNMENT'
B1
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UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: ARCHIE M BOLSTER
DATE/CASE ID: 03 NOV 2004 200303827 UNCLASSIFIED DOS-002622
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DANISH PARLIAMENTARIANS, THE MEDIA, AND NGO REPRESENTATIVES,
PROSPER DEMONSTRATED TO ALL BUT THE MOST IDEOLOGICAL CRITICS
THAT THE U.S. IS CAREFULLY CONSIDERING ALL RELEVANT LEGAL
ACTING IN GOOD FAITH. ISSUES AND
END SUMMARY.
MEETINGS WITH DANISH OFFICIALS
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TO SECSTATE WASHDC PRIORITY 7620
INFO NATO EU COLLECTIVE PRIORITY
JOINT STAFF WASHDC PRIORITY
SECDEF WASHINGTON DC PRIORITY
C O N F I D E N T I A L SECTION 02 OF 03 COPENHAGEN 000525
E.O. 12958: DECL: 03/11/2013
TAGS: PREL, PTER, PHUM, DA
SUBJECT: GUANTANAMO DETAINEES: AMBASSADOR PROSPER'S
COPENHAGEN CONSULTATIONS
MEETINGS WITH PARLIAMENTARIANS
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6.
(SBU) DURING SEPARATE INFORMAL MEETINGS WITH MEMBERS OF
THE DANISH PARLIAMENT'S FOREIGN POLICY COMMITTEE AND THE
LEGAL AFFAIRS COMMITTEE, AMBASSADOR PROSPER EXPLAINED THE
LEGAL BASIS AND SECURITY IMPERATIVE FOR KEEPING IN CUSTODY
THE DETAINEES IN GUANTANAMO. HE EXPLAINED THE CATEGORIZATION
OF THE DETAINEES INTO THREE GROUPS DEPENDING ON THE LEVEL OF
THREAT THEY POSE AND SAID THE USG IS WORKING CLOSELY WITH
GOVERNMENTS TO EXPLORE WAYS AHEAD, INCLUDING THE POSSIBILITY
OF CRIMINAL PROSECUTIONS OR DETENTIONS IN DETAINEES' HOME
COUNTRIES. HE RECEIVED EXPRESSIONS OF SUPPORT FROM MEMBERS
OF THE LIBERAL-CONSERVATIVE GOVERNING COALITION. MEMBERS OF
THE RIGHT-WING DANISH PEOPLE'S PARTY SUGGESTED THAT THE USG
WAS TOO LENIENT AND THAT THE LAWS OF WAR DO NOT APPLY TO
TERRORISTS. BY AND LARGE, HOWEVER, THE PARLIAMENTARY
DISCUSSIONS WERE DOMINATED BY SKEPTICAL LEFT-WING
PARLIAMENTARIANS.
7.
(SBU) QUESTIONS FROM LEFT-WING PARLIAMENTARIANS REVOLVED
AROUND UNSUPPORTED ASSERTIONS THAT ONLY CRIMINAL LAW WITH THE
FULL PANOPLY OF LEGAL PROTECTIONS SHOULD BE APPLIED TO
DETAINEES. DISPUTING THE EXISTANCE OF AN INTERNATIONALLY
RECOGNIZED CATEGORY OF "ILLEGAL COMBATANT," THEY
SIMULTANEOUSLY ARGUED THAT THE DETAINEES MUST BE AFFORDED
PRISONER-OF-WAR STATUS. SOME ALSO ARGUED THAT HOSTILITIES IN
THE WAR AGAINST TERRORISM ENDED WITH THE FALL OF THE TALIBAN
AND PRESSED FOR A TIMETABLE FOR EITHER RELEASING OR CHARGING
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GUANTANAMO DETAINEES. A FEW PARLIAMENTARIANS ALSO ACCUSED
THE USG OF APPLYING SEPARATE RULES TO AMERICAN AND FOREIGN
DETAINEES IN THE WAR AGAINST TERRORISM. AMB. PROPSER
REITERATED THAT THE DETAINEES WERE TAKEN FROM THE TERRORIST
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BATTLEFIELD AND ARE BEING HELD UNDER THE LAWS OF WAR, NOT
PURSUANT TO CRIMINAL STATUTE. HE ALSO SAID THE USG HAS NO
DESIRE TO KEEP IN CUSTODY DETAINEES ANY LONGER THAN IS
NECESSARY, NOTING THE USG INTENTION TO MOVE AS MANY PRISONERS
AS POSSIBLE INTO JUDICIAL PROCEEDINGS AND TO RELEASE ANY
PERSONS THAT POSE NO FURTHER THREAT.
DIALOGUE WITH NGOS
8.
(SBU) DURING A MEETING WITH THE SECRETARY GENERAL OF THE
DANISH RED CROSS AND A BREAKFAST ROUNDTABLE WITH LOCAL
REPRESENTATIVES OF AMNESTY INTERNATIONAL, THE DANISH CENTER
FOR HUMAN RIGHTS, THE INTERNATIONAL REHABILITATION COUNCIL
FOR TORTURE VICTIMS, AND THE REHABILITATION AND RESEARCH
CENTER FOR TORTURE VICTIMS, PROSPER ADDRESSED QUESTIONS
REGARDING TREATMENT AND LEGAL STATUS OF THE GUANTANAMO
DETAINEES. ANSWERING A commoN CONCERN ABOUT IGNORING THE
GENEVA CONVENTIONS, HE EXPLAINED THAT WHILE THE DETAINEES'
"UNLAWFUL COMBATANT" STATUS DENIED THEM POWS' BENEFITS SUCH
AS PAY, RANK, AND THE RIGHT TO HOLD MEETINGS, THEY WERE
RECEIVING ALL OTHER TREATMENT PROTECTIONS IN THE SPIRIT OF
THE GENEVA CONVENTIONS.
9.
(SBU) THE NGO REPRESENTATIVES ARGUED THAT SUBSEQUENT TO
THE FALL OF THE TALIBAN REGIME IN OCTOBER 2002, DETAINEES
SHOULD HAVE BEEN EITHER RELEASED OR SUBJECTED TO CRIMINAL
PROCEEDINGS. PROSPER EXPLAINED THAT AL QAEDA HOSTILITIES
CONTINUE IN AFGHANISTAN AND AROUND THE GLOBE, AND THEREFORE
THE USG HAD BOTH A RIGHT UNDER THE LAWS OF WAR AND A
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RESPONSIBILITY TO CONTINUE DETAINING PERSONS UNTIL THE FIGHT
AGAINST TERRORISM NO LONGER CONSTITUTED AN ARMED CONFLICT.
THE NGO REPS ALSO RAISED CONCERNS ABOUT REPORTS OF ALLEGED
TORTURE AT BAGRAM AIRBASE, AS WELL AS GUANTANAMO. AMNESTY
ASKED SPECIFICALLY ABOUT DENIAL OF ICRC ACCESS TO A SECOND
FLOOR OF A FACILITY AT BAGRAM, WHILE IRCT SAID IT WAS AS
CONCERNED ABOUT THE POTENTIAL USE OF PSYCHOLOGICAL TORTURE
AND SLEEP DEPRIVATION AS IT IS ABOUT PHYSICAL MEANS OF
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TORTURE.
10. (SBU) PROSPER ASSURED THE NGO REPS THAT THE USG IS NOT
USING TORTURE AND NOTED THAT THE ICRC HAS NOT RAISED ANY
ACCESS ISSUES. RESPONDING TO THE ARGUMENT THAT POW STATUS
DENIAL COULD ONLY BE MADE BY A TRIBUNAL, PROSPER POINTED OUT
THAT THIS ONLY APPLIED IN CASES OF DOUBT THAT DID NOT EXIST
VIS-A-VIS DETAINEES WHO CLEARLY DO NOT FULFILL THE CRITERIA
OF LAWFUL COMBATANTS. TO THE CONCERN THAT DETAINEES WERE
THUS BEING JUDGED COLLECTIVELY, PROSPER NOTED THAT EVERY
DETAINEE HAD BEEN VETTED INDIVIDUALLY. HE EXPLAINED THAT
WHILE CRIMINAL PROSECUTIONS WOULD NOT BEGIN UNTIL THE WAR WAS
OVER, THE US CONTINUED TO RELEASE DETAINEES AS ONGOING
INVESTIGATIONS DETERMINED THEM TO POSE NO SECURITY THREAT.
MEDIA REACTION
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FM AMEMBASSY COPENHAGEN
TO SECSTATE WASHDC PRIORITY 7621
INFO NATO EU COLLECTIVE PRIORITY
JOINT STAFF WASHDC PRIORITY
SECDEF WASHINGTON DC PRIORITY
C ONFIDENTIALSECTION 03 OF 03 COPENHAGEN 000525
E.O. 12958: DECL: 03/11/2013
TAGS: PREL, PTER, PHUM, DA
SUBJECT: GUANTANAMO DETAINEES: AMBASSADOR PROSPER'S
COPENHAGEN CONSULTATIONS
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11. (U) AMB. PROSPER SPOKE FREELY TO THE PRESS BEFORE AND
AFTER MANY OF HIS MEETINGS, AND HIS VISIT RECEIVED
SIGNIFICANT DANISH MEDIA COVERAGE. PROSPER ALSO DID AN
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EXCLUSIVE INTERVIEW WITH COPENHAGEN'S LEADING DAILY AND TAPED
A TELEVISION INTERVIEW WITH ONE OF DENMARK'S FOREMOST
TELEVISION NEWS PROGRAMS. PRESS REPORTING FROM LEFT-LEANING
MEDIA SOURCES STRESSED THAT PROSPER DID NOT MAKE ANY NEW,
PUBLIC REVELATIONS REGARDING THE DANISH DETAINEE AND DID NOT
OFFER A SPECIFIC TIMETABLE FOR POSSIBLY BRINGING CRIMINAL
CHARGES AGAINST HIM. THE MORE MAINSTREAM AND CONSERVATIVE
PRESS EMPHASIZED THAT PROSPER SAID THAT THE DETAINEES AT
GUANTANAMO WERE PICKED UP BECAUSE THEY WERE ACTIVELY ENGAGED
IN HOSTILITIES AND REMAIN IN CUSTODY BECAUSE THEY STILL MAY
POSE A THREAT TO INTERNATIONAL SECURITY.
12. (U) AMB. PROSPER DID NOT HAVE AN OPPORTUNITY TO CLEAR
THIS CABLE BEFORE DEPARTING COPENHAGEN.
BERNSTEIN
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