DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, January 14, 2002

State Department cable with talking points concerning non-Afghani detainees picked-up on the battlefield of Afghanistan. The cable describes how the US intends to treat the legal status and prosecution of the detainees and appears to give direction to DOS personnel on discussing with other governments how their citizens could be sent to their home country to face justice for their terrorist activities. It implies that if the home country can prosecute their own citizens that that would be acceptable to the US.

Doc_type: 
Cable
Doc_date: 
Monday, January 14, 2002
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 

UNCLASSIFIED
1, Mon Jan 14 20:56:06 2002 [State 7938] TF1 COPY 22 OF 23 Page 2 OF 3

"
•..•
"rt%
,uba carrying a number of individuals detained in relation
44o military operations in Afghanistan. These included
4F(number) national(s) of your country. The USG does not
Nt• intend to make names of the individuals being detained at
SATESCRI. Guantanamo Bay public at this time.

-- These individuals pose a threat to the United States and

international peace and security. For operational and

security reasons, we have transported them to the U.S.

Naval Station at Guantanamo Bay.

-- All detainees will be treated humanely.

-- The United States is evaluating the possibility of
prosecuting these detainees in a U.S. forum.

-- we are also evaluating the possibility of returning
certain individuals to their country of nationality for
further legal action. Before making any decisions,
however, we seek additional information.

-- If you have information concerning these detainees, and

N
especially information concerning any criminal conduct (including violations of the laws of war) that they are alleged to have committed, we would appreciate receiving that information through the law enforcement liaison at our embassy.
-- We would hope that you would be able to prosecute

vigorously all of your nationals who have aided al-Qaida
terrorists.

-- 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 and against
whom have they been brought?

114 -- 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?
What types of punishments are available under your law
for offenses that have been or might be brought against
these persons in your country?

If pressed:

N -- We are studying the issue of allowing foreign
governments access to detainees in Guantanamo Bay.

0
Bl, B6
D
S

UNCLASSIFIED

DOS-000046

UNCLASSIFIED

.." Mon Jan 14 20:56:06 2002 (State 7938] TF1 COPY 22 OF 23 Page 3 OF 3

B1, B6
U Bac group•or Posts

(C) The most pressing matter at hand is ensuring that those
who pose or might pose a continuing threat to the United
States remain securely detained. Currently we are holding
over! land at Guantanamo Bay.

B1
Aspr'edeni..iy envisionea, aetentions and prosecutions of al-
Qaida and notable Taliban members could be undertaken by
three parties: the United States, the respective
governments of assorted nationals 1
and f .c LO

wail waiic
maietain our rlexiniiity or action in all scenarios.

(C)
In coming weeks we will make further transfers of
detained al-Qaida, senior Taliban officials and others who
we believe pose a threat.

(C)
We will make determinations at a later date concerning
detainees who may be subject to U.S. prosecution. We will
also examine the possibility of other states undertaking
prosecutions.

(C)
The issue of access to detainees Is still being

studied.

6. (U) Please slug responses for S/WCI, L,
DOD/OGC:Davidson, DOD/OSD/SOLIC:HolliS, and NSC
Legal:Bellinger.
POWELL

SECRET

UNCLASSIFIED

DOS-000047

TOA. UNCLASSIFIED
ds Mon Jan 14 20:56:06 2002 [State 7938) TF1 COPY 22 OF 23 Page 1 OF 3

•Y.i3TP3747
SECRET PTP3747

# PAGE 01 STATE 007938 150118Z RELEASED IN PART
szt.ickt'

Bl, 1.4(D), B6
@INFO: AF(01) CIAE(01) D(01) DODE(01)
DOJX(01) EUR(01) INR(01) L(01) NEA(01)
NSCE(01) P(01) PA(01) PM(01) S(01)
SA(01) SPX(01) SS(01) SSO(01) SSOX(01)
SWCI(01) T(01) TF1(01) WHA(01)

142056L JAN 02 DJB (TOTAL COPIES:023)

@INFO: SW0(00)
= =2=2 150116Z JAN 02 STePS (TOTAL COPIES:000)

ORIGIN NODS-00

INFO LOG-00 CCOE-00 SAS-00 /000R

007938
SOURCE: KODARD.015008
DRAFTED BY: S/WCI:BBLASCHKE:BB -- 01/14/02 (202) 647-5201
APPROVED BY: S/WCI:PPROSPER
EUR/PRA:DC EUR/UBI:JJ SA/PAB:SM AF/E:ZT
L:EB NEA/ARP:MCORBIN P:SBRYANT PM:WHARRIS
DOD/OGC:EDAVIDSON DOD/OSD:CHOLLIS NSC
DOJ:DCOLLINS NEA/ENA:WS EUR/CACEN:RHOAGLAND S/ES-0:DJBAME
DESIRED DISTRIBUTION:
S/WCI, EUR, NEA, SA, AF, L, WHA

57AE1E 150120Z /38
O 150113Z JAN 02 ZFF6
FM SECSTATE WASHD

B1

DECAPTIONED
SECRETSTATE 007938

NODIS

E.O. 12958: DECL: 01/14/07
TAGS: PTER, PREL, KAWC
SUBJECT: JANUARY 14 TRANSFER OF DETAINNEES

REF: STATE 6135

Classified by Ambassador Pierre-RicharD Prosper for reasons

1.5 (b)(d).

1.
(U) This is an action message.

2.
(C) Addressee posts (not/not including Havana) are
requested to inform host governments at the earliest
opportunity of information related to the transfer of their
national(s)I Ito U.S facilities in
Guantanamo Bay. Personal information on detainees in
paragraph 4 may be shared with host government. Please do
not share details on nationals from third countries with
host government. Please use talking points in paragraph 3.

3.
(U) Talking Points
-- At mid-afternoon local time January 14, a U.S. military
aircraft arrived at the U.S. Naval Station, Guantanamo Bay,

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: WILLIAM E LANDFAIR DATE/CASE ID: 19 OCT 2004 200303827
UNCLASSIFIED
DOS-000048

Doc_nid: 
5861
Doc_type_num: 
68