DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, June 18, 2002

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: 
Saturday, June 18, 2005
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 

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S E C R E T STATE 117727

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E.O. 12958: DECL: 06/12/17
TAGS: PTER, PREL, KAWC,
SUBJECT: JUNE 12 TRANSFIK ur VbIRINLbS 1U LAIABIANAMJ

B) STATE 20095

REF: A) STATE 6135

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

1. (U) This is an action message.

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3. (C) Addressee posts 'are
requested to inform host governments at the earliest

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opportunity of in nrmatinn rPlato. to the transfer of
their national(s) to U.S facilities in

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Guantanamo Bay. P on on detainees in
paragraph 6 may be shared with host government. We will
provide further identifying details on detainees that

UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 19 OCT 2004 200303827 UNCLASSIFIED
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Igue Jun 18 12:15:13 2002 (State 117727) TF1 COPY 21 OF 21 Page 2 OF 4
Could be shared with host governments as it becomes
Available. Please do not share details on nationals from
hird countries with host government. Post, and host
_i,kAgovernment should be aware that much of this information

biniscOF 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 12, a U.S. military
aircraft arrived at the U.S. Naval Base, Guantanamo Bay,
Cuba carrying a number of individuals detained in
connection with 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 were captured in Afghanistan as
enemy combatants in connection with the ongoing armed
conflict. They pose a threat to the United States and
international peace and security. They are being
detained in accordance with the laws and customs of war
which permit U.S. military authorities to hold enemy
combatants at least for the duration of hostilities, as
is the case for 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 have been and will continue to be
treated humanely and consistent with the principles of
the Third Geneva Convention. Representatives from the
International Committee of the Red Cross are present at
Guantanamo and will be given the opportunity to visit
with each detainee privately.

-- The United States is evaluating the possibility of

prosecuting these individuals in a U.S. forum.

-- We are also evaluating the possibility of returning

certain individuals to their country of nationality for

further detention and 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 investigate the
activities of your nationals, who have aided al-Qaida
terrorists or committed other crimes, and to the greatest
extent possible, be able to prosecute them vigorously for
their criminal conduct.

-- 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?

-- 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 custody were available to your government in the
future, would you be willing to detain your nationals at

UNCLASSIFIED

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!east until the end of hostilities under the laws of war
r other legal basis?

g

jf,4S. (C) Ref 8 provides detailed guidance regarding
sz4 ckle-requests for access to detainees in Guantanamo.

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7. (C) Background for Posts

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(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 approximatelyl land BI at Guantanamo Bay. As presently envisionea, aetentions and prosecutions of al-Qaidal
could be undertaken by any numner or parties, Incluaing B1 the United States, the governments of nationalities of those detained, countries attacked of targeted for attackD b articular detainees, and/or the b We will want to maintain our ilexioilicy or ll scenarios.
(C) In coming week Lwe will make further tralpsfers of
detained al-Qaida, nd others

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who we believe pos ....,;...•

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/OSA/SOLIC:Vaccaro, and NSC
Legal:Bellinger.

UNCLASSIFIED . 4,-, 45vorr. UNCLASSIFIED

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Doc_nid: 
5877
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68