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.
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SECRET
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/.SSTATE 036863 1014232
APEScft
B 1, 1.4(D), B7(A), B7(C)
@INFO: CIAE(00) D(00)S
DODE(00) EUR(01)
INR(01) L(01)S
NEA(01) NSCE(00) P(00)
PA(00) S(00)S
SS(00)S
SA(01)SSSO(00)
SSOX(01) SWCI(00) T(00)
101204L FEB 03 RSA (TOTAL COPIES:006)
@COMMENT: PA -- Eyes Only for A/S Boucher
DECAPTIONED
@INFO: SWO(00)
101423Z
101423Z FEB 03 STePS (TOTAL COPIES:000)
ORIGIN NODS-00
INFO LOG-00 CCOE-00S/000R
SAS-00S
.036863
SOURCE: DISKETTE-025444
DRAFTED BY: S/WCI:RMILLER -- 02/10/03 (202) 647-5093
APPROVED BY: S/WCI:PPROSPER
DOD/GC:EDAVIDSON DOD/SOLIC:MVACCARO DOJ:JMCATAMNEY
L/PM:JDOLAN CIA/CTC:LVOGT D:DPITTMAN P:BBRINK S/CT:SMOLNAR
S/ES-0:SROSENBERRY
S33C6FF 101425Z /38
O 101415Z FEB 03 ZFF6
FM SECSTATE WASHDC
USSOUlliCom mIAM1 FL immLoiAi•..
USCENTCOM MACDILL AFB FL IMMEDIATE
S E C R E T STATE 036863
NODIS
E.O. 12958: DECL: 02/07/13
TAGS: PTER, PREL, KAWC,
SUBJECT: FEBRUARY 6 TRAhbrtat ur ptipiNEhs TO GUANIANAMO
REF: A) STATE 6135 B) STATE 20095
Classified by S/WCI PierreRichard Prosper, for reasons
1.5 (b) and (d). -
1.
(U) This is an action message.
2.
(C) Addressee posts lare requested to inform host governments at cne earliest opportunity of information related to the transfer of their national(s) IoIto U.S. facilities in Guantanamo Bay. Personal Information on detainees inparagraph 5 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. Post, and host government, should be aware that much of this information is self-reported by the detainee. It may be inaccurate and even in ded to deceive.
B1
B1
B1
B1
UNITED STATES1JEPARTMENT OF STATE REVIEW AUTHORITY: ARCHIE M BOLSTER
UNCLASSIFIED DOS-001189
DATE/CASE ID: 21 DEC 2004 200303827
UNCLASSIFIED
400,47.0,
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753. (U) Talking Points
4t.
. .$4' For all posts:
ArEs cfrt..-- On February 6, a U.S. military aircraft arrived atthe U.S. Naval Base, Guantanamo Bay, Cuba carrying a number of individuals detained in connection with 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 and are being detained
on the same basis and under the same status as other
detainees held in connection with our military operations.
For operational and security reasons, we have transported
them to the U.S. Naval Station at Guantanamo Bay.
-- All detainees are being treated humanely.
Representatives from the International Committee of the Red
Cross will be given the opportunity to visit with the
detainees at Guantanamo Bay.
-- Countries of nationality may request through the
State Department the opportunity to visit their detainees at
Guantanamo Bay for intelligence gathering or law enforcement
purposes, subject to specific guidance as described in
ref tel B.
-- The United States is evaluating the possibility of
prosecuting these detainees in an U.S. forum.
-- we will also be evaluating the possibility of
transferring certain individuals to their country of
nationality, including for possible legal action, or
continued detention. 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 you would be able to investigate and
prosecute vigorously all of your nationals who are al Qaida
or 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?
-- Are you aware of any pending charges against these
persons in other countries? 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?
-- Would your government be willing at some point to
detain any of these persons until the end of hostilities or
as otherwise mutually agreed? Before considering transfer
to your government's control, USG would need assurance,
regardless of the success of any prosecution or the duration
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'of any sentence imposed, that persons transferred would
ucontinue to be detained as enemy combatants or be returned
to USG control for continued detention so long as
wt
Sl hostilities continue. Are there any legal impediments, under
Sz,IllsclitS
your existing law that would not permit your continued
detention of these individuals as enemy combatants for the
duration of hostilities?
4.
(U) Reftel B provides detailed guidance regarding
requests for access to detainees in Guantanamo.
5.
(S/Rel to governments as4specified in para 2)
Detainee Data:
Bl, B7(A), B7(C)
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137(A), 1:37(C)
S
S
N
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31, B7(A), 137(C)
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71[
Ad7. (C) Background for Posts
*-The most pressing matter at hand is ensuring that those
I ATESOi t who pose or might pose a continuing threat to the United
States remain securely detained. Currently we are holding
over 600 individuals'Slat Guantanamo Bay.
As presently envisioliea, aetentions ano'prosecutions of al-
Qaida and notable Taliban members could be undertaken by a
number of parties, including: the United States, the
respective governments of those detained, countries attacked
or targeted for attack by particular detainees and the
Afghan authorities themselves. We will want to maintain our
flexibility of action in all scenarios.
S
In coming weeks we may make further transfers from Afghanistan to Guantanamo Bay of detained al-Qaida, senior
Taliban officials and others who we believe pose a threat.
We will make determinations at a later date concerning
detainees who may be subject to U.S. prosecution. we will
also examine the possibility of other States undertaking
prosecutions, and/or detaining their nationals until the end
of on-going hostilities.
N
End background.
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8. (U) Please slug responses for S/WCI, L,
DOD/OGC(Davidson), DOD/OSD/SOLIC(Vaccaro), JCS/LC (Dalton),
DOJ/CRM(McAtamney).
POWELL
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