DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo Bay, October 30, 2002

State Department cable with talking points to address concerns of foreign governments about their citizens being held at Guantanamo. The cable states; 1) 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.; 2) all detainees are being treated humanely and in accordance with the Geneva Conventions; 3) Representatives from the International Committee of the Red Cross will be given the opportunity to visit with the detainees; 4) 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; and 5) all detainees are being give appropriate food, adequate toiletry items and access to health and sanitary facilities. Detainees will be sent home at the end of the hostilities.

Doc_type: 
Cable
Doc_date: 
Thursday, October 30, 2003
Doc_rel_date: 
Tuesday, January 11, 2005
Doc_text: 

IIIMMEMEN•P"•••••m"''''
UNCLASSIFIED 3(0C(
[State 215950) L COPY 2 OF 7 Pegs 2 OF 5

t.KtiDK319Aitr
N
0
D
1
S

N
0
D
1

N
0
D

S

01(13), 1.4(D), B3, CIAA1AA), B7ccp1„3
y PAGE 01 5950 302342Z

STATE 21

srArEsd-
DODE(00) DOJX(0l)
INR(01) L(01) PA(00)

OINFO: CIAE(00) D(00)

NSCE(00) P(00)
PM(O1) SCT(00) SPX(01) SS(00)

S(00)
SSO(00) SSOX.(01) SWCI(01) T(00)
301853L OCT 02 KMI (TOTAL COPIES:007)

= =

@COMMENT: PA -- Eyes Only for A/S Boucher

@INFO: SW0(00)
302346Z OCT 02 STePS (TOTAL COPIES:000)

===

ORIGIN NODS-00

/ODOR

INFO LOG-00 CCOE-00 SAS-00

215950
SOURCE: DISKETTE. 023706
DRAFTED BY: S/WCI:RMILLER -- 10/30/02 (202) 647-5093
APPROVED BY: S/WCI:PPROSPER
DOD/SOLIC:DBOLTZ DOJ:MINCONTRO L/PM:JDOLAN
NSC/LEGAL:JSCHARFEN1
P:BBRINK S/CT:DSCOTI Ym:SkwiI.Kb
S/ES-0:KREIDER

0106C3 302343Z /38
0 302341Z OCT 02 ZFF6
FM SECSTATE WASHDC

INFO USINT HAVANA IMMEDIATE
USSOUTHCOM MIAMI FL IMMEDIATE
USCENTCOM MACDILL APB FL IMMEDIATE

SECRETSTATE 215950

DECAPTIONED
NODIS

MILITARY ADDRESSEES - PLS HANDLE AS SPECAT EXCLUSIVE

E.O. 12958: DECL: 10/30/12
TAGS: PTER, PREL, KA1A
SUBJECT: OCTOBER 28 T srLx Ur UhIRINLbb 10 UUAN1AAAMU

REF: A) STATE 6135

13) STATE 20095

Classified by S/wCI - Pierre Prosper, for reasons 1.5 (b)

and (d).
1. (U) This is an action message.

DOS 002864
UNITED STATES DEPARTMENT REVIEW AUTHORITY: THEODORE SELLIN UNCLASSIFIED DATE/CASE ID: 28 DEC 2004 200303827
BI, B7(A)

N

D

S

N
O
D

N
O
D

S

3. (U) Talking Points

For all posts:

-- On October 28, a U.S. military aircraft arrived at
the U.S. Naval Base, Guantanamo Bay, Cuba carrying a number
of individuals detained ir 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 -tatus 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 beinc 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. 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?

DOS 002865
UNCLASSIFIED
UNCLASSIFIED

4›, Page 3 OF 5

7 Wed Oct 30 18:53:04 2002 [State 215950J L COPY 2 OF 7

44. Ulf Ref tel B provides detailed guidance regardingN tequests for access to detainees in Guantanamo.
B1, B7(A), B7(C)
0
D
1
S
0
D

S.

N

0
D

S

DOS 002866

• 49Adrops, wed Oct 30 18:53:04 2002 [State 215950] L COPY 2 OF 7 Page 4 OF 574.7 UNCLASSIFIED B 1, B7(A), B7(C)
6
ON SPATES
D
1
S
N
0
D
1
S.
BI, B7(A)
N
0
D
1
S

8. (U) Please slug responses for S/WCI, L, DOD/OGC(Davidson), DOD/OSD/SOLIC(Vaccaro), JCS/LC (Dalton). 00J/CRM(Incontro), and NSC/Legal(Scharfen).

DOS 002867
UNCLASSIFIED
UNCLASSIFIED

Wed Oct 30 18:53:04 2002 (State 215950] L COPY 2 OF 7 Page 5 OF 5

(U) Minimize considered

4POWELL

SECRET
4s441.

stATEsc‘-
DOS 002868
UNCLASSIFIED

Doc_nid: 
6750
Doc_type_num: 
68