DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, March 23, 2003

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: 
Saturday, March 22, 2003
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

111.1.1.0111.1.1.1°'

UNCLASSIFIED
t• 4s1AENTop
4i-S4./ Fri Mar 21 22:03:45 2003 [State 75380] L COPY 0 OF 5 Page 1 OF 4
rn

uPTP1149

h`r
IShe SECRETSPTP1149
4:k-

RELEASEI).T
.cr PAGE 01SSTATE 075380 220056Z

131, 1.4(D), B7(A), B7(C)
®INFO: CIAE(00) D(00)S

D
DODE(00) INR(01) L(01) NSCE(00) P(00)SS(00)S
PA(00)SSA(01)
SCT(00) SPX(01) SS(00)S

SSO(00)

SSOX(01) SWCI(00) S==== 212203L MAR 03 USZ (TOTAL COPIES:005) I @COMMENT: PA -- Eyei Only for A/S Boucher
@INFO: SW0(00)S = 220058Z MAR 03 STePS (TOTAL COPIES:000)
ORIGIN NODS-00

CCOE-00 SAS-00S

INFO .LOG-00S/00OR

N
075380 SOURCE: DISKETTE.026526 • DRAFTED BY: S/WCI:RMILLER -- 03/21/03 (202) 647-5093 APPROVED BY: S/WCI:PPROSPER
0
DOD/GC:EDAVIDSON DOD/SOLIC:RHYAMS DOJ:JMCATAMNEY CIA/CTC:LVOGT D:DPITTMAN P:BBRINK S/CT:SMOLNAR SA/PAB:JMCNAUGHT S/ES-0:UZEYA L/PM:JDOLAN
D
48BBAO 2200582 /38 O 220053Z MAR 03 ZFF6 FM SECSTATE WASHDC
Bl

USSOUTHCOM MIAMI FL IMMEDIATE

USCENTCOM MACDILL AFB FL IMMEDIATE

S E C R E T STATE 075380

NODIS DECAPTIONED
MILITARY HANDLE AS SPECAT EXCLUSIVE

E.O. 12958: DECL: 03/21/13
TAGS: PTER, PREL, KAWC,I
SUBJECT: MARCH 21 TRANSFER OF DETAINEES TO GUAITANAMO

REF: A) STATE 6135S

13) STATE 20095

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

1.5 (b) and (d).

1.
(U) This is an action message.

2.
(C) Addressee posts are

B1
requested to inform hosltS

governments at rne earliLst
opportunity of information related to the transfer of their
national(s)1SIto U.S. facilities in

B1
Guantanamo Bay. Personal information on detainees in paragraph 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 self­reported by the detainee. It may be inaccurate and evenintended to deceive. All posts, please use talking points in paragraph 3.
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: ARCHIE M BOLSTER
DOS-001195

DATE/CASE ID: 21 DEC 2004 200303827 UNCLASSIFIED
UNCLASSIFIED

Fri Mar 21 22:03:45 2003 (State 75380) L COPY 0 OF 5 Page 2 OP 4

(U) Talking Points

&or all Posts:

-- On March 21, a U.S. military aircraft arrived at the

...I sae'SU.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 thistime.
--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
reftel 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
N connects these persons with al-Qaida or the Taliban?

O
-- Are there any charges pending against these persons in
your country? If so, what are those charges?

D
-- 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
of any sentence imposed, that persons transferred would

UNCLASSIFIED
DOS

001196
-

1 11
S

N
0
D

S

N
0
D

S

UNCLASSIFIED

Fri Mar 21 22:03:45 2003 [State 75380] L COPY 0 OF 5 Page 3 OF 4

4r.

,continue to be detained as enemy combatants or be returned
to USG control for continued detention so long as
S4hostilities continue. Are there any legal impediments, under
&your existing law that would not permit your continued
els detention of these individuals as enemy combatants for the
7,11.duration of hostilities?

4.
(U) Ref tel B provides detailed guidance regarding
requests for access to detainees in Guantanamo.

5.
(S/Rel to governments as specified in para 2)

Detainee Data:

B I , B7(A), B7(C)

UNCLASSIFIED DOS-001197

UNCLASSIFIED

d. Fri Mar 2 1 22:03:45 2003 (State 75380] L COPY 0 OF 5 Page 4 OF 4

IA

B I , B7(A), B 7(C)
Bac groun•Posts

6.S

The most pressing matter at hand is ensuring that those

who pose or might pose a continuing threat to the United

States remain securely detained. I

s p e ent-ry cnvrsaonea, aecentavns ana prosecucao»s of a.i-
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.

In coming weeks we may make further transfers
SIto Guantanamo. Bay of detained al- ai a, 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.

End background.

7.
(U) Cable responses should be sent with the NODIS
caption to Secstate only, with no/no info addressees.
Please slug responses for S/WCI, L, DOD/OGC(Davidson),
DOD/OSD/SOLIC(Vaccaro), JCS/LC (Dalton), DOJ/CRM(McAtamney).

8.
(U) Minimize considered
POWELL

SECRET

DOS001198
-
UNCLASSIFIED0

Doc_nid: 
6229
Doc_type_num: 
68