DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, June 21, 2002

This State Department cable provides talking points concerning informing foreign governments about the transfer of their citizens/nationals to Guantanamo after they were picked-up on the battle field of Afghanistan. The cable instructs the Missions/Embassies to assure host governments that “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 (ICRC) are present at Guantanamo and will be given the opportunity to visit with each detainee privately” “We are also evaluating the possibility of returning certain individuals to their country of nationality for further detention and legal action” 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, the host government is to be asked “If custody were available to your government in the future, would you be willing to detain your nationals at least until the end of hostilities under the laws of war or other legal basis?”

Doc_type: 
Cable
Doc_date: 
Friday, June 21, 2002
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 

UNCLASSIFIED
Jun 21 17:59:02 2002 [State 120990] CWG_PM COPY 9 OF 17 Page 1 OF 3

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44'9 PAGE 01 STATECRELEASED IN PART
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120990
SOURCE: DISKETTE.021717

DRAFTED BY: S/WCI:BBLASCHKE:BB -- 06/21/02 (202) 647-6751
APPROVED BY: S/WCI:BBLASCHKE
SA/PAB:SMCGANN L/NESA:JADOLAN P:SCURRAN PM:SPETERS
DOD/OSD:CALLISON DOJ:MCATAMNEY EUR:DCAGAN NEA/ARP:MCORBIN
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DECAPTIONED
S E C R E T STATE 120990

NODIS

E.O. 12958: DECL: 06/18/12
TAGS: PTER, PREL, KAWC,1
SUBJECT: JUNE 18 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

B1
3. (C) Addressee posts! are UNITED STATES DEPARTMENT OF STATE
REVIEW .AI . THORITY: WILLIAM E LANDFAIR DATE/(ASE ID: 19 OCT 2004 200303827

UNCLASSIFIED
DOS-000105

;5505NTC]t , UNCLASSIFIED
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7 Fri Jun 21 17:59:02 2002 [State 120990] CWG_PM COPY 9 OF 17 Page 2 OF 3

Irequested to inform host governments at the earliest
'Opportunity of inCto the transfer of
*their national(s)Cto U.S facilities in B1
4)Guantanamo Bay.C

ersonal intormation on detainees in

:

1/4s„C
paragraph 6 may be shared with host government. We will

A TEs uvC

provide further 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 18, 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 persona 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

UNCLASSIFIED

DOS-000106

oor.op.„. UNCLASSIFIED

-‹;,.Fri Jun 21 17:59:02 2002 (State 1209901 CWG_pm COPY 9 OF 17 Page 3 OF 3

for offenses that have been or might be brought against
Ithese persons in your country?

47

--If custody were available to your government in the
ir future, would you be willing to detain your nationals at
rESCR least until the end of hostilities under the laws of war

8b1

or other legal basis?

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

Bl. B6
7. (C) Background for 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 approximately
at Guantanamo Bay.
and prosecutions of al-Qaida
could be undertaken by any n
the United States, the governments of nationalities of
those detained, countries attacked or targeted for attack
by artic lar detainees, and/or they)

1

We will want to maintain our tiexiDility of
11 scenarios.

(C)
In coming weeks we will make further transfers of
detained al-Qaida,1)land others
who we believe pose a 6114 COL.

(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
UNCLASSIFIED
DOS-000107

Doc_nid: 
5878
Doc_type_num: 
68