DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, June 10, 2002

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This State Department cable provides talking points for US mission & Embassy officials to inform foreign governments about the transfer of their citizens/nationals to Guantanamo after they were picked-up on the battle field of Afghanistan. It states that the U.S. Government is “The United States is evaluating the possibility of prosecuting these detainees in a U.S. forum”. But that “We are also evaluating the possibility of returning certain individuals to their country of nationality for further legal action” “We would hope that you would be able to prosecute vigorously all of your nationals who have aided al-Qaida terrorists”. The cable also states that the US will provide “the opportunity to visit detainees for intelligence gathering or law enforcement Purposes”. The detainee’s government is also being asked “Do you have any information from your own sources that connects these persons with al-Qaida or the Taliban? And “What types of punishments are available under your law for offenses that have been or might be brought against these persons in your country?” Finally, assurances are given that the International Committee for the Red Cross (ICRC) will be given an opportunity to visit Guantanamo, to insure the treatment of the detainees is in compliance with international standards for the of treatment of detainees.

Doc_type: 
Cable
Doc_date: 
Monday, June 10, 2002
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 

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APPROVED BY: S/WCI:BBLASCHKE
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S E C R E T STATE 112205

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MILITARY ADDEES HANDLE AS SPECAT EXCLUSIVE

E.O. 12958: DECL: 06/6/07
TAGS: PTER, PREL, KAWC
SUBJECT: JUNE 8 TRANSFER OF DETAINEES TO GUANTANAMO

REF: A) STATE 6135 B) STATE 20095

Classified by S/WCI - Pierre Prosper, for reasons 1.5 (b)
and (d).

1. (U) This is an action message.

B2
3. (C) Addressee postsD are
B1
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: WILLIAM E LANDFAIR DATE/CASE ID: 19 OCT 2004 200303827

UNCLASSIFIED
DOS-000098

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4,AENTop. UNCLASSIFIED
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* requested to inform host governments at the earliest
opportunity ofS

information related to the transfer of their
Sto U.S facilities in Guantanamo

B1
*1

4F Bay. Persoxial 1111-ULMal.lUll detainees in paragraph 6 may
S

4' be shared with host government. We will provide further •
ATES CO'S

identifying details on detainees that could be shared with
host governments as it becomes available. Please do not
share details on nationals from third countries with host
government. Post, and host government, should be aware that
much of this information is self-reported by the detainee.
It may be inaccurate and even intended to deceive. Please
use talking points in paragraph 4.

4. (U) Talking Points

-- At mid-afternoon local time June 8, a U.S. military
aircraft arrived at the U.S. Naval Base, Guantanamo Bay,
Cuba carrying a number of individuals detained in relation
to military operations in Afghanistan. These included (a)
national(s) of your country. The USG does not intend to

make names of the individuals being detained at Guantanamo

Bay public at this time.

-- These individuals pose a threat to the United States and
international peace and security. They are being detained
on the same basis and under the same status as other
detainees held in connection with our military operations.
For operational and security reasons, we have transported
them to the U.S. Naval Station at Guantanamo Bay.

-- All detainees will be treated humanely. Representatives
from the International Committee of the Red Cross are
present at Guantanamo and will be given the opportunity to
visit with the detainees.

, -- 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
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?

-- 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?

5. (U) Ref B provides detailed guidance regarding requests for
access to detainees in Guantanamo.

B1, B6
UNCLASSIFIED

DOS-000099

UNCLASSIFIED

Mon Jun 10 20:25:35 2002 (State 112205) TP1 COPY 20 OF 20 Page 3 OF 3

BI, B6
(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. Currentlywe are holding

BI
approximately'S land at
Guantanamo Bay. As presently envisioned, detentions and
prosecutions of fS(members could BI
be undertaken byS

LMCC paLLJ.wek. LAC unii..0 oLates, the
respective overnments of assorted nationals detained
and IS I. wirTJall
lwaLLI. LA, mai.itain-.—61-87LI-71-12r-a=kcenarios.

WirTIMXIB=y­
(C) In coming weeks we will make further transfers of
detained al-Qaida,lSland others who

B1
we believe pose a L.—.S

(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.

8.
(U) Please slug responses for S/WCI, L,
DOD/OGC:Davidson, DOD/OSD/SOLIC:Hollis, and NSC
Legal:Bellinger.

9.
(U) Minimize considered.
POWELL

SECRET

L N CLA SSIFIED

DOS-000100

Doc_nid: 
5876
Doc_type_num: 
68