DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, January 24, 2002

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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: 
Thursday, January 24, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

UNCLASSIFIED
Thu Jan 24 08:58:10 2002 [State 13856] L COPY 11 OF 16 Page 1 OF 3

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S E C R E T STATE 013856
NODIS DECAPTIONED

E.O. 12958: DECL: 01/19 7
TAGS: PTER, PREL, KAWC,
SUBJECT: JANUARY 20 T[ETAINEES TO GUANTANAMO

REF: STATE 6135

Classified by NEA/PDAS James A. Larocco, for reasons 1.5

(b) and (d).

1.
(U) This is an action message.

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

.

have another post receive your NODIS message 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) Drawing on points in para 4, Embassy is
requested to inform host government at the earliest
opportunity of information related to the transfer of their
nationals!

U.S facilities in Guantanamo Bay.
Personal inrormation on detainees in paragraph 5 may be
given to the host government. We are working with the
Department of Defense to obtain more identifying details
that could also be shared.

4.. (U) Talking Points
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: HARRY R MELONE
UNCLASSIFIED0DOS-001168
DATE/CASE ID: 21 DEC 2004 200303827

UNCLASSIFIED

Thu Jan 24 08:58:10 2002 [State 13856] L COPY 11 OF 16 Page 2 OF 3

--At mid-afternoon local time January 20, a U.S. military
aircraft arrived at the U.S. Naval Station, Guantanamo Bay,
Cuba carrying a number of suspects detained in relation to
military operations in Afghanistan. /

B7(A), B7(C)
-- We believe these individuals pose a threat to the United
States and international peace and security. For
operational and security reasons and to counter that threat
as quickly as possible, we have transported them to the U.S.
Naval station at Guantanamo Day.

-- All detainees will be treated humanely.

-- The United States is evaluating the possibility of
prosecuting these detainees in a U.S. forum.

-- In evaluating the possibility of further legal action,
any additional information your government can provide
would be useful.

-- 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.

-- In addition, 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?

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:

B7(A), B 7(C)

UNCLASSIFIED0DOS-001169

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B7(A), 137(C)
6. (U) Background for Posts

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UNCLASSIFIED0DOS-001170

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6220
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68