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 12:36:08 2002 (State 141273 L COPY 13 OF 18 Page 1 OF 3

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DRAFTED BY: S/WCI:JCROCK:JC -- 01/24/02 (202) 647-5072
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SECRETSTATE 014127

NODIS

DECAPTIONED
E.O. 12958: DELL: 01/19/07
TAGS: PTER, PREL, KAWC
SUBJECT: UPDATE ON JANUARY 20 TRANSFER TO GUANTANAMO

REF: A. STATE 6135
. B. STATE 11857
CItl.ra Pierre-Richard Prosper, for reasons

1.5
(b) and (d)

2.
(S) Posts are reminded that the NODIS caption is designed

to protect the most sensitive information conveyed between
as(lnd Washington.ts a ing. It mean R

posts 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 post-

originated 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) Addressee posts (not/not including Havana) are requested to inform host governments at the earliest opportunity of new information related to the January 20th
Ito U.S B)facilities in Guantanamo Bay. personal intormation ondetainees in paragraphs 4 and 6 may be shared with host government. We are working with the Department of Defense
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: HARRY R MELONE DATE/CASE ID: 21 DEC:2004 200303827

UNCLASSIFIED DOS-001174
UNCLASSIFIED

Thu Jan 24 12:36:08 2002 (State 14127) L COPY 13 OF 18 Page 2 OF 3

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 5 and 7, as appropriate.

4. (S/Rel to governments as specified in para 3) We have
confirmation of the identities of the following individuals
who were transferred to Guantanamo Bay on January 20 (use
talking points in para 5):

R

Name DOB
Nationality
B , B7(A), B7(C)

a.R

ski)

-- 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 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.

-- 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?

-- We would hope that you would be able to prosecute
vigorously all of your nationals who have aided al-Qaida

terrorists.

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

6. (S/Rel to governments as specified in para 3) We have
new information that the following individuals were not/not

A
DOS-001175

UNCLASSIFIED
•A UNCLASSIFIED

Thu Jan 24 12:36:08 2002 [State 14127] L COPY 13 OP 18 Page 3 OP 3

transferred'RIto Guantanamo Bay on January 20 B1 as reported in rettel 1:3 use talking points in para 7):
Name DOB Nationality Bl, B7(A), B7(C)
7. (U) Talking points:

-- We have updated information due to new confirmation of
identities of persons transferred to Guantanamo Bay.

-- The following name(s) of national(s) of your country were
not/not transferred from Afghanistan to Guantanamo Bay as
previously reported.

-- We will continue to make every effort to notify you in a
timely manner regarding the identities of any of your
nationals who are transferred to Guantanamo Bay.

8. (U) Background for Posts

B
9. (U) Please slug responses for S/WCI, L, OD/OGC:Davidson,
DOD/OSD/SOLIC:Hollis, and NSC/Legal:Bellinger.
POWELL

SECRET

DOS-001176
UNCLASSIFIED

Doc_nid: 
6222
Doc_type_num: 
68