DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, January 24, 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: 
Thursday, January 24, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

UNCLASSIFIED
Thu Jan 24 09:13:52 2002 [State 13872] L COPY 12 OF 17 Page 1 OF 3
PTPO418

SECRET PTPO418

(0714/
PAGE 01 STATE 013872 241405Z

RELEASED IN PART OINFO: CIAE(01) D(01) B1, 1.4(D), B7(A), B7(C)
DODE(01) EUR(01)
INR(01) L(01)

NEA(01) NSCE(01) P(01)
PM(01) SPX(01) SS(01)

S(01) SSO(01)
SSOX(01) SWCI(01) T(01)
240913L JAN 02 VLC (TOTAL COPIES:017)

(INFO: SWO(00)
241402Z JAN 02 STePS (TOTAL COPIES:000)

ORIGIN NODS-00

INFO LOG-00 /000R

CCOE-00 SAS-00

013872
SOURCE:

KODAKB.024002
DRAFTED BY: S/WCI:BBLASCHKE:BB -- 01/24/02 (202) 647-5072

APPROVED BY: S/WCI:PPROSPER
L:EBLOOM NEA:MCORBIN P:SBRYANT PM:SPETERS
DOD/OSD:DBOLTZ DOJ:DCOLLINS EUR:SPIFER
S/ES-0:VCRITES

5C8FF8 241406Z /38
0 241359Z JAN 02 ZFF6
FM SECSTATE WASHDC

B1
5SOUTHCOM MIAMI FL 1MMEDIATt
USCENTCOM MACDILL AFB FL IMMEDIATE

S E C R E T STATE 013872

DECAPTIONED
NODIS

E.O. 12958: DECL: 01/21/07
TAGS.: PTER, PREL, KAWC
SUBJECT: JANUARY 21 TRANSFER OF DETAINEES TO GUANTANAMO

REF: STATE 6135

Classified by S/WCI - Pierre-Richard Prosper, for reasons

1.5 (b) and (d).

:L. (U) This is an action message.

2.
(S) Posts are reminded that the NODIS caption is designe
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 t
have another post receive your NODIS message is to provide
suggested list of additional addressees in the first

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) to U.S facilities in Guantanamo

paragraph of your cable. The Department will make every
effort to turn your request around quickly.

B1
Bay. PersonJi

intormacion on detainees in paragraph 5 may
be shared with host government. we are working with the
Department of Defense to obtain more identifying details

UNITED STATES DEPARTMENT OF STATE

REVIEW AUTHORITY: HARRY R MELONS
DATE/CASE ID: 21 DEC 2004 200303827 UNCLASSIFIED0DOS-001171
UNCLASSIFIED

Thu Jan 24 09:13:52 2002 [State 13072] L COPY 12 OF 17 Page 2 OF

3

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 21, 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 post: 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 additionalinformation.

-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

BI, 7(A), B7(C)

UNCLASSIFIED
DOS-001172
UNCLASSIFIED

Thu Jan 24 09:13:52 2002 [State 13872] L COPY 12 OF 17 Page 3 OF 3

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

1, B7(C), B7(A)
7. (U) Please slug responses for S/WCI, L, OD/OGC:Davidson,
DOD/OSD/SOLIC:Hollis, and NSC/Legal:Bellinger.
POWELL

SECRET.

UNCLASSIFIED0DOS-001173

Doc_nid: 
6221
Doc_type_num: 
68