DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, Feb. 8, 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: 
Friday, February 8, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

A

UNCLASSIFIED INITIALS
APPR: BBL ok
DRAFT: BBL. ok
CLR 1: EUR
CLR 2: SA
RELEASED IN PART CLR 3: AF
BI, 1.4(D), B7(A), B7(C) CLR 4: L CLR 5: PM
CLR 6: NEA
SECRET CLR 7: DOD CLR 8: DOJ'
CLR 9: NSC

S/WCI:BBLASCHKE:BB
02/08/02 (202) 647-6751
S/WCI:BBLASCHKE

SA/PAB:SMCGANN L:DBOWKER NEA/ARP:MCORBIN P:SBRYANT
PM:SPETERS DOD/OSD:CHOLLIS DOJ:DCOLLINS EUR:DCAGAN
NSC:JBELLINGER S/ES-O: NEA/ENA:CHENTZEL AF/C:RRITCHIE

DECAPTIONED
NODIS

E.O. 12958: DECL: 02/8/07

TAGS: PTER, PREL, KAWC

SUBJECT: FEBRUARY 9 TRANSFER OF DETAINEES TO GUANTANAMO.

6
B) STATE 20095

REF: A) STATE 61355

Classified by S/WCI - Pierre Prosper, 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
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.

UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: ARCHIE M. BOLSTER

UNCLASSIFIED
DATE/CASE ID: 21 DEC 2004 200303827 DOS-001177
UNCLASSIFIED

3. (C) Addressee posts (not/not including Havana) are
requested to inform host governments at the earliest5


opportunity of information related to the transfer of their
national(s)I5Ito U.S facilities in Guantanamo
Bay. Personai'intormation on detainees in paragraph 6 may
be shared with host government. We will provide further
identifying details on detainees that could be shared with .
host governments as it becomes available.. 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 February 9, a U.S. military
aircraft arrived at the U.S. Naval Base, 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.

-7 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
4 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?

UNCLASSIFIED

-- 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?

5.
Ref B provides detailed guidance regarding requests for
access to detainees in Guantanamo.

6.
(S/Rel to governments as specified in para 3
Detainee Data:

5

:.Nationality

Name DOB5

B 1 , B7(A), B; (C)
UNCLASSIFIED
Bl, B7(A), E 7(C) .
7. (U) Background for Posts

B1
8. (U) Please slug responses for S/WCI,
DOD/OGC:Davidson, DOD/OSD/SOLIC:Hollis, and NSC
Legal:Bellinger.

YY

COPENHAGEN IMMEDIATE, DUSHANBE IMMEDIATE, MOSCOW IMMEDIATE,
iNIDJAMENA IMMEDIATE, ABU DHABI IMMEDIATE, TUNIS IMMEDIATE

Doc_nid: 
6223
Doc_type_num: 
68