This State Department cable provides talking points concerning informing foreign governments about the transfer of their citizens/nationals to Guantanamo after they were picked-up on the battle field of Afghanistan. The information is on the transfer of detainees to Guantanamo, conditions of access for International Committee for the Red Cross (ICRC) to visit Guantanamo, and internal US policy guidance for foreign access to detainees is provided, as well assurances that the detainees will be treated humanely. Finally, it states that the U.S. Government has not yet made a final decision on criminal charges it may bring against detainees in Guantanamo or which legal forum to bring charges. And states “We are still very interested in knowing what legal steps your government is prepared to take” concerning these individuals, leaving open the possibility that the detainee(s) could be repatriated to their home country to face charges.
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025526
SOURCE: DISKETTE.019689
DRAFTED BY: S/WCI:BBLASCHKE:BB -- 02/08/02 (202) 647-6751
APPROVED BY: S/WCI:BBLASCHRE
SA/PAB:SMCGANN L:EBLOOM NEA/ARP:MCORBIN P:SBRYANT
PM:GSUCHAN DOD/OSD:CHOLLIS DOJ:DCOLLINS EUR:DCAGAN
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DECAPTIONED
UNITED STATES DEPARTMENT OF STATE
SECRETSTATE 025526
REVIEW AUTHORITY: WILLIAM E LANDFAIR NODIS DATE/CASE ID: 19 OCT 2004 200303827
E.O. 12958: DECL: 02/8/07
TAGS: PTER, PREL, KAWC
SUBJECT: FEBRUARY 7 TRANSFER OF DETAINEES TO GUANTANAMO
REF: A) STATE 6135 B) STATE 20095
Classified by S/WCI - Brent Blaschke, Acting, for reasons
1.5 (b) and (d).
1. (U) This is an action message.
B2
UNCLASSIFIED
49g:D„ UNCLASSIFIED
4 Fri Feb 08 22:39:30 2002 (State 25526] PM COPY 16 OF 23 Page 2 OP 4
9
(C) Addressee posts (not/not including Havana) are
,er
4-equested to inform host governments at the earliest
171V4fai 1r of information rqlated to the transfer of their
gilaull I an
Ito U.S facilities in Guantanamo 131
It;ip
'4 Bay. Personal information on detainees in paragraph 6 may
S'ZITESCR I. 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 7, 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.
-- 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.
-- 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?
5. Ref B provides detailed guidance regarding requests for
access to detainees in Guatanamo.
B1, B6
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'7ZirEs cfr
7. (U) Background for Posts
(C) 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. Currently we are holding
over! land at Guantanamo Bay.
BI
As pl'esently envisioned, detentions and prosecutions of al-
Qaida and notable Taliban members could be undertaken by
three parties: the United Stat s. the respective governments
of assorted nationals detained! and the
1 we will want Jo maintain our
s
flexibility of action in all scenarios.
(C)
In coming weeks we will make further transfers of
detained al-Qaida, senior Taliban officials and others who
we believe pose a threat. .
(C)
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.
B.
(U) Please slug responses for S/WCI, L,
DOD/OGC:Davidson, DOD/OSD/SOLIC:Hollis, and NSC
Legal:Bellinger.
MINIMIZE CONSIDERED.
POWELL
SECRET
UNCLASSIFIED