DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo Bay, May 15, 2003

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, and policy guidance for foreign governments to visit and access the detainees at Guantanamo that are their citizens. The cable instructs the Missions/Embassies to inform foreign governments that: the foreign government's access to these detainees is limited to intelligence and/or law enforcement purposes; The United States will video tape and sound record the interviews between representatives of your government and the detainee(s); The senior U.S. representative present may terminate an interview at any time; The U.S. Department of Defense must be provided a copy of your government's final report on the visit; and your Government will be required to reimburse the Department of Defense for all costs associated with the visit incurred by the US Government, including the costs of transportation, lodging, and meals.

Doc_type: 
Cable
Doc_date: 
Friday, May 9, 2003
Doc_rel_date: 
Tuesday, January 11, 2005
Doc_text: 

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DRAFTED BY:S/WCI:RMILLER -- 05/09/03 202 647-5093 APPROVED BY:S/WCI:PPROSPER DOD/GC:EDAVIDSON DOD/SOLIC"AFORTUNE DOJ:JMCATAMNEY L/PM:JADOLAN IDI D:DPITMAN P:BBRINK S/CT:SMOLNAR1 S/ES-0:SROSENBERRY D65A5F4 151553Z /38 O 092227Z MAY 03 ZFF4 FM SECSTATE WASHDC B3 B1 B1
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CORRECTED COPY(REMOVED ADDITIONAL TEXT) E.O. 12958: DECL: 05/09/13 TAGS: PTER, PREL, KAWC, DSUBJECT: MAY 9 TRANSFER DDLTAINEES TO DUAN ANAMO B1
REF: A) STATE 6135DB) STATE 20095
Classified by S/WCI - Pierre-Richard Prosper, for reasons 1.5 (b) and (a.
1. (U) This is an action message. B1

3. (U) Talking Points

UNITED STATES DEPAKTNIfkITIVEATATE REVIEW AUTHORITY: THEODORE SEWN DATE/CASE ID: 28 DEC 2004 200303827 UNCLASSIFIED
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Thu May 15 11:57:28 2003 [State 123584) L COPY -1 OF 4 Page 2 OF 5

-- On May 9, a U.S. military aircraft arrived at the

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
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
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?

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

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Doc_nid: 
6743
Doc_type_num: 
68