DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, August 9, 2002

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

Friday, August 9, 2002
Monday, November 22, 2004

UNCLASSIFIED lfgra. Aug 09 20:32:41 2002 [State 153053) CWG_PM COPY 11 OF 20 Page 1 OP 4 PTP4041 z5. SECRET PTP4041 PAGE 01 STATE 153053 100005Z RELEASED IN PART @INFO: AF(01) Bl, 1.4(D), B2, B6 CIAE(01) CWG(01) D(01) DODE(01) EUR(01) INR(01) NEA(01) NSCE(01) P(01) 5(01) PA(01) SA(01) SCT(01) SS(01) SSO(01) SSOX(01) SwcI(01) T(01) WHA(01) ==== 092032L AUG 02 KMI (TOTAL COPIES:020) - @COMMENT: PA -- Eyes Only for A/S Boucher @INFO: SWO(00) ========== 1000062 AUG 02 STePS (TOTAL COPIES:000) ORIGIN NODS-00 INFO LOG-00 /000R CCOE-00 SAS-00 153053 SOURCE: DISKETTE. 022366 DRAFTED BY: S/WCI:JMONAHAN -- 08/09/02 (202) 647-6751 APPROVED BY: S/WCI:PPROSPER L/NESA:JADOLAN P:BBRINK PM:SPETERS DOD/SOLIC:MVACCARO DOJ:DCOLLINS SA/PAB:DBOY NEA/ENA:CHENZEL NEA/ARN:MSIEVERS SA/INS:WGILL AF/W:CFULLER NEA/ARP:MCORBIN AF/E:GCOLV/N EUR/CEN:JKILIAN S/CT:DSCOTT S/ES-0: KCREIDER D752C9 1000062 /38 0 092359Z AUG 02 ZFF6 FM SECSTATE WASHDC B1 DECAPTIONED UNITED STATES DEPARTMENT OF STATE S E C R E T STATE 153053 REVIEW AUTHORITY: WILLIAM E LANDFAIR DATE/CASE ID: 19 OCT 2004 200303827 NODIS MILITARY ADDRESSEES PLS HANDLE AS SPECAT EXCLUSIVE E.O. 12958: DECL: 08/05/12 TAGS: PTER, PREL, KAWC, I SUBJECT: AUGUST 5 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. UNCLASSIFIED DOS-000111 40pqr cos UNCLASSIFIED .tea 'Teri Aug 09 20:32:41 2002 [State 153053) CWG PM COPY 1 1 OF 20 Page 2 OF 4 B2 3. (C) Addressee posts q_are B1 requested to inform host yuvezmnenLS aL Lue 4-est opportunity of information related to the transfer of D their national(s) pL Ito U.S facilities in B1 Guantanamo Bay. 4ILLQimaLAon on detainees in l*V1101 paragraph 6 may be shared with host government. We will provide further identifying details on detainees that I could be shared with host governments as it becomes available. Embassy is instructed not share any S information on nationals from third countries with host government. This information is secret. 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 N -- At mid-afternoon local time August 5, a U.S. militaryaircraft 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. 0 -- 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 beingdetained in accordance with the laws and customs of war which permit U.S. military authorities to hold enemycombatants at least for the duration of hostilities, as is the case for other detainees held in connection with our military operations. For operational and securityreasons, 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. 0 -- We are also evaluating the possibility of transferring certain individuals to their country of nationality for further detention or 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? UNCLASSIFIED DOS-000112 UNCLASSIFIED l'ri Aug 09 20:32:41 2002 (state 153053] CWG_PM COPY 11 OP 20 Page 3 OP 4 Q Would these persons be subject to prosecution in your Qountry, and if so, for what crimes? For crimes i 4.committed inside your country? For crimes committed SZI ckl" 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? -- Would your government be prepared to detain these individuals on the basis of their status as enemy combatants, and to hold them until the endof hostilities under the laws of war or other legal basis? 5. (U) Ref B provides detailed guidance regarding requests for access to detainees in Guantanamo. 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 wQ are holding approximately( and mo pLeuenLly envisionea, aerenti ns at Guantanamo Bay. and prosecutions of al-Qaida could be undertaken by any n es, iucluulu9 the United States, the governments of nationalities of those detained, countries attacked or targeted for attack ' ar detainees, and/or the We will want to maintain uux. Liexiliiia.Ly If 11 scenarios. . (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 UNCLASSIFIED Bl. B6 B1 Bl DOS-000113 UNCLASSIFIED l'gri Aug 09 20:32:41 2002 [State 153053] CWG_PM COPY 11 OF 20 Page 4 OF 4 & ega1:Bellinger. L (U) Minimize considered. 4.4'POWELL 5tirESCfr l'. SECRET UNCLASSIFIED DOS-000114