DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo Bay, February 19, 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”; The U.S. “[is] 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, “If pressed: We are studying the issue of allowing foreign governments access to [the] detainees in Guantanamo. Bay and will discuss with you further soon.” And concludes with, “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.”

Doc_type: 
Cable
Doc_date: 
Tuesday, February 19, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

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Bl, 1.4(D), B2
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SOURCE: DISKETTE.019819
DRAFTED BY: S/WCI:JCROCE:JC -- 02/19/02 (202) 647-5201
APPROVED BY: S/WCI:PPROSPER
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0 192016Z FEB 02 ZFF6 FM SECSTATE WASHDC B1 UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
CLASSIFICATION: SECRET REASON: 1.4(D)
DECLASSIFY AFTER: 19 FEB 2012
DATE/CASE ID: 16 NOV 2004 200303827

S E C R E T STATE 031871_

DECAPTIONED
NODIS

E.O. 12958: DECL: 02/1Z7 TAGS: PTER, PREL, KAWC, SUBJECT: FEBRUARY 15 T SFER OF DETAINEES 10 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 posts I are requested to inform host governments at tine earliest B1
opportunity of information rilated to the transfer of their
national(s) to U.S. facilities in
Guantanamo Lay. Personal intormation on detainees in
para5raph 6 may be shared with host government. We will

provide further identifying details on detainees that could
be shared with host governments as it becomes available.

DOS-000646

UNCLASSIFIED
___UNCLASSIFIED -_ _
7,Tue Feb 19 19:16:14 2002 (State 31871] L COPY 13 OF 18 Page 2 OF 3

ca.

N
ePlease do not share details on nationals from third countries with host government. Please use talking points
in paragraph 4.

0
4. (U) Talking Points
For all posts:

D
-- At mid-afternoon local time February 15, a U.S. military
aircraft arrived at the U.S. Naval Base, Guantanamo Bay,

I
Cuba carrying a number of individuals detained in relation to military operations in Afghanistan. These included (number) 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.

S
Bl
L
For all posts:

N
-- 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

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 yourcountry, 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) Reftel B provides detailed guidance regarding
requests for access to detainees in Guantanamo.

UNCLASSIFIED DOS-000647

-
. -
-

.7 Tue Feb 19 19:16:14 2002 (State 31871] L COPY 13 OF 18 Page 3 OF 3

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0
D

I

S
7. (C) Background for Posts
The most pressing matter at hand is ensuring that those who pose or might pose a continuing threat to the UnitedStates remain securely detained. Clirrently we are holding Bl over and at Guantanamo Bay. As presently envisioned, detentions and prosecutions of al-Qaida and notable Taliban members could be undertaken bythree parties: the United States, the respective governments

N
rted nationals detainedl 1 and the authorities themselves. We will want to maintain our exi ility of action in all scenarios.
In coming weeks we will make further transfers of
detained al-Qaida, senior Taliban officials and others who
we believe pose a threat.

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.

End background.

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

SECRET

0

DOS-000648
UNCLASSIFIED

Doc_nid: 
6064
Doc_type_num: 
68