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.
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DRAFTED B¥:,S/WCI:RMILLER 05/09/03 (202) 647-5093
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SUBJECT: MAY 9 TRANSFER OF DETAINEES TO CuANTANAMO REF: A) STATE 6135 B) STATE 20095 Classified by S/WCI -Pierre-Richard Prosper, for reasons
l. 5 (b) and (d).
1. (U) This is an action message.
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UNITED STAT.EkDtjl~RTWIt-Nf1~..\tE
REVIEW AUTHORITY: THEODORE SELLIN UNCLASSIFIED
DATE/CASE ID: 28 DEC 2004 200303827 DOS 002846
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For all Posts:
--On May 9, a U.S. military aircraft arrived at the
U.S. Naval Base, Guantaname Bay, Cuba carrying a number of individuals detained in connection with military operationsin 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 securit¥ reasons, we have transported
them to the U.S. Naval Stat10n 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 ~athering or law enforcement
purposes, subject to specific gU1dance 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-Qa1da 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 agains"t 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 if transferred? Before
considering transfer to your government's control, USG would
need assurances, that person transferred would continue to
be detained in a manner that precludes further participation
in or material suppor.t to the war on terrorism and would be
treated humanely in a manner consistent with applicable
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international obligations. We would also want assurances
that you would provide the USG access, share any law
enforcement, intelligence or related information with us,
and provide reasonable advance notice and the opportunity to
discuss any decision to release or transfer the persons from your government's control. Are there any le$al impediments,
under your existing law that would·not perm1t your continued detention of these individuals under such terms?
4. (U) Reftel B provides detailed guidance regarding requests for access to detainees in Guantanamo.
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UNCLA~~lrltl.)
DOS 002848
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DOS 002850