DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, January 17, 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 ensure the treatment of the detainees is in compliance with international standards for the of treatment of detainees.

Doc_type: 
Cable
Doc_date: 
Saturday, January 19, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

UNCLASSIFIED
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DRAFTED BY: S/WCI:BBLASCHKE:BB -- 01/18/02 (202) 647-5201
APPROVED BY: S/WCI:BBLASCHKE
SA/PAB:SMCGANN L:EBLOOM NEA/ARP:MCORBIN P:SBRYANT
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B
USSOUTHCOM MIAMI FL IMMEDIATE
USCENTCOM MACDILL AFB FL IMMEDIATE

SECRETSTATE 011719
NODIS DECAPTIONED

E.O. 12958: DECL: 01/16/07
TAGS: PTER, PREL, KAWC
SUBJECT: JANUARY 17 TRANSFER OF DETAINEES TO GUANTANAMO

REF: STATE 6135

Classified by S/WCI - Brent Blaschke, Acting, for reasons

1.5 (b) and (d).

1.
(U) This is an action message. Niact precedence for
Manama is at post request.

2.
(S) Posts are reminded that the NODIS caption is designed to protect the most sensitive information conveyed between posts and Washington. It means, with very few and specific exceptions, that there is "no distribution" to any other addressee other than the Department. In some cases,however, there may be compelling reasons to share post­originated NODIS messages with other posts. The best way to get your NODIS message to another post is to provide a suggested list of additional addressees in the first paragraph of your cable. The Department will make every effort to turn your request around quickly.

3.
(C) Addressee posts (not/not including Havana) are
requested to inform host governments at the earliest

opportunity of information related to the transfer of their national(s) IoIto U.S facilities in Guantanamo
B1
Bay. Personal intormation on detainees in paragraph 5 may

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: HARRY R MELONE
DATE/CASE ID: 21 DEC 2004 200303827 UNCLASSIFIED0DOS-001165
Fri Jan 18 23:39:36 200 21L7Netli9SIFEETY 12 OF 17 Page 2 OF 3

be shared with host government. We are working with the
Department of Defense to obtain more identifying details
that could be shared with host governments. Please do not
share details on nationals from third countries with host
government. Please use talking points in paragraph 4.

4. (U) Talking Points

-- At mid-afternoon local time January 17, a U.S. military
aircraft arrived at the U.S. Naval Station, Guantanamo Bay,
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.

-- 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 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 pressed:

-- We are studying the issue of allowing foreign governments
access to detainees in Guantanamo Bay.

5. (S/Rel to governments as specified in para 3) Detainee
Data:

)

Name DOB.Nationality

B7(A), B7( ), 131

DOS-001166
UNCLASSIFIED
Fri Jan 18 23:39:36 2002u(NeLN.SCISIMEOff 12 OF 17 Page 3 OF 3
B I, B7(A), P 7(C)

6. (U) Background for Posts
B1
SECRET
DOS-001167
UNCLASSIFIED

Doc_nid: 
6219
Doc_type_num: 
68