DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, February 1, 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 information is on the transfer of detainees to Guantanamo, conditions of access for International Committee for the Red Cross (ICRC) to visit Guantanamo, and internal US policy guidance for foreign access to detainees is provided, as well assurances that the detainees will be treated humanely. Finally, it states that the U.S. Government has not yet made a final decision on criminal charges it may bring against detainees in Guantanamo or which legal forum to bring charges. And states “We are still very interested in knowing what legal steps your government is prepared to take” concerning these individuals, leaving open the possibility that the detainee(s) could be repatriated to their home country to face charges.

Doc_type: 
Cable
Doc_date: 
Friday, February 1, 2002
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 

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DRAFTED BY: S/WCI:BBLASCHKE:BB -- 01/31/02 (202) 647-5072

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E.O. 12958: DECL: 01/24/02
TAGS: PTER, PREL, KAWC

SUBJECT: TRANSFER OF DETAINEES TO GUANTANAMO
BAY

REF: STATE 6135
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: WILLIAM E LANDFAIR DATEiCASE ID: 19 OCT 2004 200303827

UNCLASSIFIED
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SA Fri Feb 01 00:45:17 2002 (State 200951 TF1 COPY 21 OF 22 Page 2 OP 5

S
LASSIFIED BY AMBASSADOR PIERRE-RICHARD PROSPER FOR REASONS
.5(B) (D).

44, 1. (U) This is an action message.

P

1317'ES

2.
(C) Addressee posts were advised in reftel of general
information on detainees for sharing with host governments.
This message provides updated information, including
guidance and standard operating procedures for handling
requests for access to detainees. Talking points for use
with governments are listed in paragraphs 6-8. As
background only for posts, internal U.S. Government
guidance on access to detainees is stated in para 9.

3.
(C) As reftel noted, host governments will be notified
after their respective nationals are transferred to
Guantanamo. We are not, as a general rule, providing
information on detainees' for several

reasons, including a need to complete the sometimes
difficult task of confirming identities of often non­cooperative individuals.'

LfB1
4.
(C) A number of cables have already been sent to posts
with personal details on individuals already in Guantanamo.
The Department expects to soon receive from the Department
of Defense more details on detainees which can be shared
with host governments. Host governments may already have
information on individuals received through other channels
for investigative purposes or to deal on an urgent basis
with threat information. Our approach, however, will be to
officially inform government only after transfer to
Guantanamo and identities are confirmed.

5.
(C) Department is cognizant of the strong public and
governmental interest regarding detainees in the field. We
will continue working to provide more information to share
with governments and other guidance to posts to deal with
this issue.

Talking Points

6.
(SBU/Rel)
-- As we earlier informed you, we expect to make further
transfers of persons currently detained in Afghanistan to
Guantanamo Bay, Cuba. These transfers are based on
operational and security concerns.

-- If nationals of your country are transferred, we intend
to inform your government promptly.

-- Your government may have already received preliminary
information on detainees through other channels for
investigative purposes or urgent attempts to deal with
terrorist threat information. We will provide further
information once detainees have reached Guantanamo and
their true identities and nationalities have been
determined.

-- We will endeavor to provide as much personal
identification information as possible. We expect to have
additional information to share on those detainees already
in Guantanamo in the near future.

-- All detainees are being treated humanely. The
International Red Cross has been allowed access to the
detainees in Guantanamo since January 17.

-- Per earlier communications, the U.S. Government has not
yet made a final decision on criminal charges it may bring
against detainees in Guantanamo or which legal forum to

bring charges. We are still very interested in knowing
what legal steps your government is prepared to take

UNCLASSIFIED

UNCLASSIFIED

.401V4TC, Fri Feb 01 00:45:17 2002 IState 20095] TF1 COPY 21 OF 22 Page 3 OF

5

'';,concerning these individuals.

z7. (SBU/Rel) For governments wishing access to their
knationals in Guantanamo, the following information may be
4. provided:

-- We will consider requests for access. Official requests

should be in writing to our Embassy or the Department

;

-- Requests must list the purpose of the visit, proposed
time frame, names and positions of all government officials
requesting to travel, and the detainees they wish to see.
Foreign governments should provide information on languages
to be used during interviews, special requirements (e.g.,
wheelchairs), and passport numbers of travelers prior to
travel.

1
-- Governments should also be aware that processing
requests for access will take a minimum of ten working days

and that operational concerns may delay access.
Governments should understand that logistical constraints
at Guantanamo will limit the number of personnel that
government may send at one time.

-- Requests for access to U.S. Naval Base Guantanamo will
be granted only for law enforcement or intelligence
collection purposes. Issues pertaining to conditions of
detention are to be addressed through the International

Committee of the Red Cross.

-- Official requests from foreign governments for access to
their nationals detained at Guantanamo will be made to the
Department of State.

-- All requests by foreign government officials to

photograph, videotape, or make sound recordings during the

interviews must be approved in advance. The Department of

Defense will be provided copies of all tapes, transcripts,
records of conversations, and other information gathered by
the foreign government officials.

8. (SBU/Rel) Conditions of Access:

-- Requesting government will reimburse all costs (e.g.,

transportation, lodging, meals).

-- Transportation will be on U.S. Government air or
civilian contract aircraft authorized by the Deparment of
Defense to access Guantanamo. No foreign government
official access to Guantanamo is authorized through Cuba.

-- Timing and logistical arrangements of all visits will be
controlled by U.S. Southern Command to ensure non­interference with operations and security of U.S.
personnel, facilities, and detainees. Concurrent visits
from more than one foreign government may not be possible.

-- Visiting officials must have identification (passport)

and are subject to search.

-- Department of Defense security, law enforcement and/or
intelligence personnel will be present at all times during
the interviews and may end the interview at any time when,
in the opinion of the senior Defense representative, the
security of U.S. personnel, facilities, or detainees is at

risk.

-- Foreign government officials will normally be permitted
access to their nationals only and not to detainees of

other nationalities.

9. (C/NOFORN) Internal U.S. Government Policy Guidance for

Foreign Access to Detainees

Providing access to detainees at U.S. Naval Base Guantanamo

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Pri Feb 01 00:45:17 2002 (State 20095) TF1 COPY 21 OP 22 Page 4 OF 5

Bay by official representatives of foreign governments can,
10 select cases, serve two key U.S. objectives: (I)
1,pbtaining intelligence information, and (2) furthering

44"criminal investigations and prosecutions. All requests for
NI` access to detainees at Guantanamo will be assessed in terms
SZ4TES&f

of how such access furthers these objectives and reinforces
coalition support for Operation Enduring Freedom. There
will be no foreign visits from non-government officials,

with the exception of the International Committee of the

Red Cross.

Requests for access to detainees by foreign governments:

--Requests for access to U.S. Naval Base Guantanamo will be
granted only for law enforcement or intelligence collection
purposes_ Each request must be reviewed and approved by
DoD (i.e., after access has been approved once, any
successive requests for access must also be approved).

--Any exceptions to this policy must be approved by the

Under Secretary of Defenseffor Policy.

--Official requests from foreign governments for access to
their nationals detained at Guantanamo will be made to the
Department of State.

--If foreign governments approach other USG entities (e.g.,
DoD components, Department of Justice, FBI, etc.), their
request should be referred to the Department of State. The
Coalition Working Group - PM (202) 647-9000, e-mail:
CoalitionWG PM@state.sgov.gov , will serve as the point of
contact for—preparing requests. The Office of War Crimes
Issues (S/WCI) at (202) 647-5072, is the point of contact
at the State Department for detainee policy.

--The Department of State Executive Secretariat will
forward requests to the DoD Executive Secretariat for
approval on a case-by-case basis.

--Requests must list the purpose of the visit, proposed
time frame, names and positions of all government officials
requesting to travel, and the detainees they wish to see.
DoD must be informed of languages to be used during
interviews, special requirements (e.g.,. wheelchairs), and
passport numbers of travelers prior to travel.

--All requests by foreign government officials to
photograph, videotape, or make sound recordings during the
interviews must be approved in advance by DoD. DoD will be
provided copies of all tapes, transcripts, records of
conversations, and other information gathered by the
foreign government officials.

--Once DoD has made a decision regarding whether to grant

access, DoD will notify State Department. State Department

will inform the foreign government. DoD will consult with

the Department of State as necessary.

Conditions of Access:

--Requesting government will reimburse all costs (e.g.,

transportation, lodging, meals).

--Transportation will be on U.S. Government air or civilian
contract aircraft authorized by DoD to access Guantanamo.
No foreign government official access to Guantanamo is
authorized through Cuba.

--Timing and logistical arrangements of all visits will be
controlled by U.S. Southern Command to ensure non­interference with operations and security of U.S.
personnel, facilities, and detainees. Concurrent visits
from more than one foreign government may not be possible.

UNCLASSIFIED

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1..31

DoD approval of access, foreign government officials
ill contact and coordinate the details of the visit with
12-.T.s. Southern Command, Director of Operations (J3).

i4

s --Visiting officials must have identification (passport)
'Ft4-EsCkr and are subject to search.

--DoD security, law enforcement and/or intelligence
personnel will be present at all times during the
interviews and may end the interview at any time when, in
the opinion of the senior DoD representative, the security
of U.S. personnel, facilities, or detainees is at risk.

--Foreign government visits are for intelligence or law
enforcement purposes only, not for consular purposes.
Issues pertaining to conditions of detention are to be
addressed through the International Committee of the Red
Cross.

--Foreign government officials will normally be permitted

access to their nationals only and not to detainees of

other nationalities. Any exceptions must be approved by

DoD.

POWELL

CONFIDENTIAL

UNCLASSIFIED

Doc_nid: 
5866
Doc_type_num: 
68