DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo Bay, October 31, 2002

This cable contains talking points to address the status of these citizens being held at Guantanamo. The cable goes on to state; 1) The U.S. government cannot address specific questions about specific detainees at this time; 2) all detainees are being treated humanely and in accordance with the Geneva Conventions; and 3) 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 31, 2002
Doc_rel_date: 
Tuesday, May 3, 2005
Doc_text: 

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INFO LOG-00 CIAE-00 DODE-00 SRPP-00 EAP-00 EUR-00 UTED-00
VC-00 H-01 TEDE-00 INR-00 L-00 VCE-00 AC-01
NEA-00 NSAE-00 NSCE-00 OMB-01 PA-00 PM-00 PRS-00
ACE-00 P-00 SCT-DO SP-00 SSO-00 SS-00 TEST-00
TRSE-00 T-00 USIE-00 SA-00 PMB-00 DRL-02 G-00

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SOURCE:

KODAKD.031025
DRAFTED BY: S/WCI:RMILLER -- 10/31/02 (202)647-5093
APPROVED BY: S/WCI:PPROSPER
DOD/SOLIC:DBOLTZ DOD/OGC:EDAVIDSON L/PM:JDOLAN
NSC/LEGAL:JSCHARFEN P:BBRINK S/CT:DSCOTT DOJ:MINCONTRO
CIA/CTC:LVOGT S/ES-O:KREIDER
DESIRED DISTRIBUTION:
S/WCI, L, P, S/CT

01BE77 312255Z /30
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TO AMEMBASSY ALGIERS IMMEDIATE
AMEMBASSY MANAMA IMMEDIATE
AMEMBASSY CAIRO IMMEDIATE
AMEMBASSY KUWAIT IMMEDIATE
AMEMBASSY RABAT IMMEDIATE
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USSOUTHCOM MIAMI FL IMMEDIATE
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AMEMBASSY DAMASCUS IMMEDIATE
AMEMBASSY TUNIS IMMEDIATE
AMEMBASSY SANAA IMMEDIATE
AMEMBASSY LONDON IMMEDIATE
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AMEMBASSY SARAJEVO IMMEDIATE

•AMEMBASSY BEIJING IMMEDIATE
AMEMBASSY DUSHANBE IMMEDIATE

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UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD
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AMEMBASSY BRUSSELS IMMEDIATE
AMEMBASSY COPENHAGEN IMMEDIATE
AMEMBASSY BERLIN IMMEDIATE
AMEMBASSY PARIS IMMEDIATE
AMEMBASSY ROME IMMEDIATE
AMEMBASSY MOSCOW IMMEDIATE
AMEMBASSY ABU DHABI IMMEDIATE
AMEMBASSY DHAKA IMMEDIATE
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AMEMBASSY KHARTOUM IMMEDIATE
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UNCLAS STATE 216580

SENSITIVE

NOTE: PROCESS AS IS PER MCO O'REA

E.O. 12958: N/A TAGS: PTER, KAWC, PINR, PREL SUBJECT: PRESS GUIDANCE FOR RELEASE OF GUANTANAMO «DETAINEES» FROM USG CONTROL
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REF: STATE 209801 (NODIS)

1. (U) THIS IS AN ACTION MESSAGE -- SEE PARAGRAPH 2.

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2.
(SBU) REFTEL DEPARTMENT ANTICIPATES INCREASED MEDIA ATTENTION
IN REACTION TO REPORTS OF THE IMPENDING RELEASE OF SOME «DEIMJNEES»
FROM USG CONTROL AT GUANTANAMO BAY, CUBA. POSTS MAY RELY UPON
FOLLOWING TALKING POINTS AND SUGGESTED QUESTIONS/ANSWERS IN
RESPONSE TO SUCH MEDIA INQUIRIES:

3.
(SBU) TALKING POINTS:

-- TO MAINTAIN THE SAFETY AND PRIVACY OF THOSE WHO HAVE BEEN
DETAINED AND DUE TO OPERATIONAL SECURITY CONSIDERATIONS, THE USG
WILL NOT PROVIDE SPECIFIC INFORMATION ON ANY INDIVIDUAL.

-- SOME «DETAINEES» HAVE REQUESTED THAT, FOR PRIVACY AND
SECURITY REASONS, WE NOT DISCLOSE INFORMATION REGARDING THEIR
TRANSFER OR RELEASE.

-OUR DETENTION OF ENEMY COMBATANTS IS LAWFUL AND
NECESSARY. ENEMY COMBATANTS MAY BE DETAINED AT LEAST UNTIL THE
CESSATION OF THE CONFLICT.

-- IT IS NECESSARY TO REMOVE ENEMY COMBATANTS FROM THE
CONFLICT AND TO DETAIN THEM FOR THE SAFETY OF OUR MILITARY
FORCES, AND THE PREVENTION OF FUTURE ATTACKS.

-- AT THE TIME OF THEIR DETENTION, ENEMY COMBATANTS POSED A
THREAT TO US SECURITY, AND WE ARE OBLIGATED TO MITIGATE ANY
SECURITY THREAT.

-- THE USG HAS DETERMINED THAT IT MAY TRANSFER OR RELEASE,
. UNDER APPROPRIATE CONDITIONS, INDIVIDUALS WHO NO LONGER MUST BE
DETAINED BY THE «DNITKD» «STATES». SUCH DETERMINATIONS ARE MADE ON A
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CASE-BY-CASE BASIS AND DEPEND UPON A VARIETY OF FACTORS.

-- THE RELEASE OR TRANSFER OF A «DETAINEE» MUST BE APPROVED BY
THE SECRETARY OF DEFENSE. MANY FACTORS ENTER INTO EACH
CONSIDERATION, INCLUDING CONSULTATIONS WITH OTHER GOVERNMENT
AGENCIES.

-- IN ORDER TO MAINTAIN SECURITY AT THE U.S. DETENTION

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FACILITIES AT GUANTANAMO, AND IN ORDER TO PROTECT THE SAFETY OF

ANY «DETAINEES» WHO MAY BE TRANSFERRED OR RELEASED, THE U.S.
GOVERNMENT DOES NOT INTEND TO COMMENT PUBLICLY ON THE DETAILS OF

ANY SUCH MOVEMENTS.

-- WE INTEND TO LIMIT OUR PUBLIC COMMENTS ON SUCH MATTERS TO
RESPONDING TO INQUIRIES FROM THE PRESS, ONLY AFTER A TRANSFER OR
RELEASE FROM GUANTANAMO HAS OCCURRED. WE WILL NOT IDENTIFY
INDIVIDUALS OR THE COUNTRIES TO WHICH THEY HAVE BEEN MOVED.

-- DETAILS REGARDING TRANSFERS OR RELEASES ARE COMMUNICATED TO THE GOVERNMENTS WHOSE NATIONALS ARE CONCERNED, AND/OR TO WHOSE CONTROL DETAINEES» MAY BE TRANSFERRED.
-- PLEASE BE ASSURED THAT WE WILL NOTIFY YOU PROMPTLY IF THE

U.S. GOVERNMENT DECIDES TO TRANSFER OR RELEASE ANY OF YOUR
COUNTRY'S NATIONALS PRESENTLY. DETAINED AT GUANTANAMO. IN SUCH
EVENT, WE WOULD WORK WITH YOU TO ARRANGE THE DETAILS OF ANY
TRANSFER OR RELEASE.

4. (SBU) PROPOSED STATEMENT'FOR RELEASE FOLLOWING COMPLETION OF
TRANSFER/RELEASE:

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THE DEPARTMENT OF DEFENSE ANNOUNCED TODAY THAT IT TRANSFERRED FOUR (4) «DETAINEES» FROM GUANTANAMO BAY, CUBA, ON OCTOBER 28, 2002.
SENIOR LEADERSHIP OF THE DEPARTMENT OF DEFENSE, IN CONSULTATION WITH OTHER SENIOR U.S. GOVERNMENT OFFICIALS, DETERMINED THAT THESE «DETAINEES» NO LONGER POSED A THREAT TO U.S. SECURITY.
TRANSFER OR RELEASE OF «DETAINEES» CAN BE BASED ON MANY FACTORS, INCLUDING LAW ENFORCEMENT, INTELLIGENCE,' MEDICAL CONSIDERATIONS, AS WELL AS WHETHER THE INDIVIDUAL WOULD POSE A THREAT TO THE «UNITED» STATES». AT THE TIME OF THEIR DETENTION, THESE ENEMY COMBATANTS POSED A THREAT TO U.S. SECURITY.
IN GENERAL TERMS, THE REASONS «DETAINEES» MAY BE RELEASED ARE BASED ON THE NATURE OF THE CONTINUING THREAT THEY MAY POSE TO
U.S. SECURITY.

AS PART OF THIS TRANSFER PROCESS, THE INTERNATIONAL COMMITTEE
OF THE RED CROSS HAS CONDUCTED INDEPENDENT INTERVIEWS WITH. THESE
‹emmmalms» PRIOR TO THEIR DEPARTURE FROM GUANTANAMO.

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DURING THE COURSE OF THE WAR ON TERRORISM, WE EXPECT THAT
THERE WILL BE OTHER TRANSFERS OR RELEASES OF «DETAINEES». BECAUSE
OF OPERATIONAL SECURITY CONSIDERATIONS, NO FURTHER DETAILS WILL
BE AVAILABLE.

END OF TEXT.

5. (SBU) SUGGESTED QUESTIONS AND ANSWERS:
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Ql. WHAT CAN YOU TELL US ABOUT THE RELEASE OF «DETAINEES» FROM
GTMO?
THE DEPARTMENT OF DEFENSE ANNOUNCED TODAY THAT IT TRANSFERRED

(NUMBER) «DEMUNEES» FROM GUANTANAMO BAY, CUBA, ON (DATE).
•Q2. HOW MANY «DETAINEES» HAVE BEEN RELEASED ?
THE DEPARTMENT OF DEFENSE ANNOUNCED TODAY THAT IT TRANSFERRED
(NUMBER) emvalmEs» FROM GUANTANAMO BAY, CUBA, ON (DATE).

Q3. CAN YOU IDENTIFY THESE «DETAINEES»?
NO. TO MAINTAIN THE SAFETY AND PRIVACY OF THOSE WHO HAVE BEEN
DETAINED AND DUE TO OPERATIONAL SECURITY CONSIDERATIONS, WE WILL
NOT PROVIDE SPECIFIC INFORMATION ON ANY INDIVIDUAL. (DOD POLICY)

Q4: WHAT CONDITIONS WERE MET THAT PROMPTED THEIR RELEASE?

•THEIR RELEASE WAS BASED ON MANY FACTORS, INCLUDING CONSIDERATIONS
RELATED TO INTELLIGENCE AND LAW ENFORCEMENT MATTERS, AND WHETHER
THE INDIVIDUAL WOULD POSE A CONTINUED THREAT TO THE «UNITED»
«STATES». (TRANSFER & RELEASE PAG)

Q5. WHO MADE THE DECISION TO RELEASE THESE «DETAINEES»?
THESE DECISIONS ARE MADE BY THE SENIOR LEADERSHIP OF DOD AFTER
THOROUGH ASSESSMENT OF ALL RELEVANT FACTORS AND IN CONSULTATION
WITH OTHER GOVERNMENT AGENCIES TO ENSURE THAT THESE «DETAINEES» ARE
NO LONGER NEEDED TO BE KEPT IN DETENTION BY THE «UNTIED» «STATES».

(10/22/02 TRANSCRIPT ON DEFENSE LINK).

Q6. ARE YOU CONCERNED ABOUT THEIR SAFETY AND SECURITY?
YES, WE ARE CONCERNED ABOUT THE SECURITY OF ANYONE WE RELEASE.
THIS IS ONE OF THE REASONS THAT WE ARE NOT DISCLOSING PUBLICLY

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THEIR IDENTITIES.

Q7. ARE THERE ANY CONDITIONS UPON RELEASE?
AS A GENERAL MATTER, ANY INDIVIDUALS WHO ARE RELEASED WILL BE

5

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REQUIRED TO SIGN AN AGREEMENT THAT OBLIGATES THEM NOT TO TAKE UP ARMS AGAINST THE «UNITED» «STATES» OR ITS ALLIES. FOR SECURITY AND PRIVACY REASONS, THE USG WILL NOT PROVIDE SPECIFIC INFORMATION ON ANY INDIVIDUAL.
Q8. WHAT DOES THE AGREEMENT SAY?
IN THE AGREEMENT, A «DETAINEE» WHO IS TO BE RELEASED ACKNOWLEDGES
HIS STATUS AS AN ENEMY COMBATANT, PROMISES NOT TO TAKE PART IN
FURTHER COMBAT AGAINST THE «UNITED» «STATES» AND ITS ALLIES, AND
ACKNOWLEDGES THAT HE MAY BE DETAINED AGAIN IF HE ENGAGES IN
FURTHER COMBAT.

Q9. CAN THE «DETAINEES» REALLY BE TRUSTED NOT TO TAKE PART IN
FURTHER FIGHTING?
DOD DOES NOT RELY ON THE PROMISES OF ANY «DETAINEES». IN MAKING ITS

• .RELEASABILITY ASSESSMENTS. ONCE DOD IS SATISFIED AS TO THE RELEASABILITY OF A «DETAINEE», AN AGREEMENT IS USED TO CONFIRM THIS ASSESSMENT IN WRITING, AND TO PUT THE «DEIMINEE» ON NOTICE THAT HE MAY BE DETAINED IF HE AGAIN TAKES UP ARMS AGAINST THE «UNITED» «STATES» OR ITS ALLIES.
Q10. WILL ANY OF THE RELEASED «DETAINEES» BE COMPENSATED FOR THEIR
. DETENTION?
NO. THOSE WHO ARE MOVED OUT OF GTMO WILL GET NEW CLOTHES.
(SOLIC)

QL1. DOES THE GENEVA CONVENTION ENTITLE THESE «DETAINEES» TO
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PAGE 09 STATE 216580 312254Z
COMPENSATION?
THE PRESIDENT DETERMINED THAT NEITHER AL QAEDA, NOR THE TALIBAN
«DETAINEES» ARE ENTITLED TO PRISONER OF WAR STATUS UNDER THE THIRD

GENEVA CONVENTION OF 1949. EVEN IF THAT WERE NOT THE CASE, THE
GENEVA CONVENTION MAKES NO PROVISION FOR COMPENSATION UPON
RELEASE.

Q12. WHAT HAPPENS TO THEM WHEN THEY ARE RELEASED? DO YOU JUST
DROP THEM OFF ON THE TARMAC? HOW DO THEY GET HOME? WHAT HAPPENS
TO THEM WHEN THEY ARE SET FREE?
WITH THE STATE DEPARTMENT, WE HAVE COORDINATED THE LOGISTICS OF
THEIR RELEASE WITH APPROPRIATE GOVERNMENT OFFICIALS IN THE
COUNTRIES RECEIVING THESE INDIVIDUALS. THE RELEASED DETAINEES»
WILL BE MET UPON ARRIVAL BY OFFICIALS FROM THEIR GOVERNMENTS TO
FACILITATE THEIR RETURN TO THEIR HOMES.

Q13. HOW CAN WE BE SURE THAT «DETAINEES» DIDN'T COMMIT SUICIDE AND
YOU'RE JUST NOW TELLING US THEY WERE RELEASED SOME TIME AGO,

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SOMEWHERE, TO SOMEONE YOU WON'T DISCLOSE?

NO «Dinmalms» HAVE DIED WHILE UNDER US CONTROL. WE ARE

WITHHOLDING SPECIFIC DETAILS OF THE SITUATION TO PROTECT THE

INDIVIDUALS FROM POTENTIAL HARM FROM AL QAIDA-THIS ENEMY WILL

PREY ON ITS OWN. (OSD/PA & SOLIC)

Q14. IF A «DETAINEE» EXPRESSES CONCERN FOR HIS SAFETY, WOULD YOU
CONSIDER AND FORWARD A REQUEST FOR ASYLUM TO THE STATE

DEPARTMENT?

IF A 4XUMaBBE» EXPRESSES CONCERN FOR HIS SAFETY UPON HIS RETURN TO HIS COUNTRY OF NATIONALITY, WE WILL WORK WITH THE STATE DEPARTMENT AND OTHER APPROPRIATE ENTITIES TO ADDRESS THAT MATTER.
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Q15. IS IT POSSIBLE THAT A «DETAINEE», ONCE RELEASED, COULD BE TRACKED DOWN AND RECAPTURED IF THE SITUATION WARRANTS? ANY RELEASED «DETAINEES» ARE REQUIRED TO ACKNOWLEDGE THAT THEY MAY
BE DETAINED AGAIN IF THEY TAKE UP ARMS AGAINST THE U.S. OR ITS
ALLIES.

Q16. WHY DID IT TAKE SO LONG TO PROVE THE INNOCENCE OF THESE

DETAINEES? THIS IS NOT ABOUT GUILT OR INNOCENCE. THESE INDIVIDUALS WERE DETAINED AS ENEMY COMBATANTS CAPTURED IN CONNECTION WITH AN ONGOING ARMED CONFLICT. THEY CONTINUE TO BE ENEMY COMBATANTS UNDER THE LAW OF ARMED CONFLICT.
IT IS A UNIVERSALLY RECOGNIZED PRINCIPLE UNDER THE LAW OF
ARMED CONFLICT THAT ENEMY COMBATANTS ENGAGED IN WAR MAY BE
CAPTURED AND DETAINED FOR THE DURATION OF CONFLICT. THIS HAS
BEEN THE PRACTICE OF THE U.S. AND ITS ALLIES IN EVERY MODERN WAR.
OUR DETENTION OF ENEMY COMBATANTS IS LAWFUL AND NECESSARY TO
PREVENT THEM FROM RETURNING TO THE BATTLEFIELD OR REENGAGING IN
ARMED CONFLICT AGAINST US AND OUR COALITION PARTNERS. THIS LEGAL
RIGHT TO DETAIN ENEMY COMBATANTS EXISTS INDEPENDENTLY OF ANY
NOTIONS OF GUILT OR INNOCENCE UNDER THE LAW.

ENEMY COMBATANTS WHO CEASE TO POSE A THREAT TO THE U.S. OR
WHO LAY DOWN THEIR ARMS AND CEASE FIGHTING MAY BE RELEASED IF
THEY WILL NO LONGER ENGAGE IN COMBATANT ACTIVITIES. THE LAW OF
ARMED CONFLICT DOES NOT REQUIRE THEY BE RELEASED BEFORE THE END
OF HOSTILITIES.• IN THIS CASE, THE INDIVIDUALS ARE JUDGED NOT TO
POSE A THREAT TO THE U.S. AND EACH HAS AGREED NOT TO SUPPORT ACTS
OF TERRORISM .OR ENGAGE IN COMBATANT ACTIVITIES. DOD HAS

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DETERMINED THAT THE THREAT POSED BY THESE INDIVIDUALS HAS BEEN

SIGNIFICANTLY MITIGATED AND THEY NO LONGER REQUIRE DETENTION BY

THE U.S.

WE ARE CONSTANTLY REVIEWING THE CONTINUED DETENTION OF EACH «DETAINEE» BASED ON A VARIETY OF FACTORS, INCLUDING INTELLIGENCE, SECURITY THREATS, AND LAW ENFORCEMENT AND HEALTH CONSIDERATIONS. ALL OF THESE NEED TO BE CONSIDERED BEFORE A RELEASE MAY OCCUR.
WE WILL NOT COMMENT ON THE SPECIFICS OF PARTICULAR
DECISIONS.

Q17. IF YOU ARE LETTING THESE PEOPLE GO, DOES IT MEAN DOD SHOULD

NOT HAVE CAPTURED THEM IN THE FIRST PLACE? WERE THEY CAPTURED BY

MISTAKE? WHAT HAS CHANGED THAT MAKES DOD LET THEM GO NOW?

THESE INDIVIDUALS WERE APPREHENDED DURING AN ARMED CONFLICT.

BECAUSE THEY ARE COMBATANTS. WE BELIEVE THEIR CAPTURE AND

DETENTION ON THAT BASIS WAS PROPER. OVER THE COURSE OF THEIR

DETENTION, WE HAVE ASSESSED - AMONG OTHER THINGS - THEIR

POTENTIAL TO REMAIN A THREAT TO U.S. SECURITY, AVAILABLE

INFORMATION CONCERNING WHETHER THEY MAY HAVE ENGAGED IN THE
COMMISSION OF WAR CRIMES, AND THEIR POTENTIAL TO SUPPORT OR

PARTICIPATE IN ACTS OF TERRORISM OR COMBATANT ACTIVITIES. BASED

ON THESE AND OTHER CONSIDERATIONS, WE HAVE DECIDED THEY COULD BE

RELEASED UNDER CERTAIN CONDITIONS'. ONE OF THOSE CONDITIONS, BUT

BY NO MEANS THE DETERMINING ONE, WAS THEIR WILLINGNESS TO SIGN AN
.AGREEMENT.

Q18. WHY HAVEN'T CRIMINAL CHARGES BEEN BROUGHT AGAINST ANY OF
THESE ce.DETAINEES»?
DETENTION OF ENEMY COMBATANTS AND PROSECUTION OF THOSE ENEMY
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COMBATANTS FOR ALLEGED WAR CRIMES ARE TWO SEPARATE THINGS. IN

THIS INSTANCE, WE HAVE DECIDED THAT IT IS PREFERABLE TO RELEASE

THESE INDIVIDUALS UNDER SUCH AGREEMENTS. '

Q19. WILL THE ccDETAINESS» RETURN DIRECTLY TO «AFGHANISTAN»?
WE WILL NOT COMMENT ON THE TIMING, ROUTE OR DESTINATION OF THEIR

RETURN. (TRANSFER & RELEASE PAG)

Q20. WILL THEY PASS THROUGH THE «VWITED» «STATES»?

NO.

Q21. HOW WERE THEY MOVED OUT OF GTMO?
WE ARE NOT GOING TO DISCUSS THE SECURITY MEASURES IN PLACE DURING
A elmmams» MOVEMENT .

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Q22. ARE YOU CONCERNED THAT CAMP OPERATIONS MAY BE COMPROMISED FOLLOWING THE RELEASE OF «DETAINEES»? WE ARE ALWAYS CONCERNED ABOUT THE SAFETY AND SECURITY OF MILITARY OPERATIONS. HOWEVER, WE DO NOT BELIEVE THAT THE RELEASE OF THESE «DETAINEES» POSES AN ADDITIONAL OR SIGNIFICANT THREAT.
Q23. WHAT PROCESS WAS USED TO DETERMINE THEIR INNOCENCE? THIS IS NOT A QUESTION OF GUILT OR INNOCENCE. THEY ARE ENEMY COMBATANTS. THEIR RELEASE WAS BASED ON MANY FACTORS, INCLUDING INTELLIGENCE AND LAW ENFORCEMENT CONSIDERATIONS, HEALTH CONCERNS AND WHETHER THE INDIVIDUAL WOULD POSE A CONTINUED THREAT TO THE «UNITED» «STATES». A DETERMINATION OF •THEIR GUILT OR INNOCENCE WAS NOT MADE. (TRANSFER & RELEASE PAG)
Q24. IF THEY NO LONGER POSE A THREAT, DID THEY TRAVEL UNDER
ARMED ESCORT? WERE THEY SHACKLED AND HANDCUFFED?
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PAGE 13 STATE 216580 312254Z WE ARE NOT GOING TO DISCUSS THE SECURITY MEASURES IN PLACE DURING A «DETAINEE» MOVEMENT.
Q25. WHEN• DO YOU ANTICIPATE FUTURE TRANSFERS/RELEASE? AS WE HAVE STATED FROM THE OUTSET, WE EXPECT THERE WILL BE OTHER RELEASES AND, PRESUMABLY, THAT WE MAY TRANSFER SOME «DETAINEES» TO THE CONTROL OF OTHER GOVERNMENTS. WE WILL NOT PUT «DETAINEES» OR OUR OPERATIONS AT RISK BY DISCUSSING SUCH TRANSFERS OR RELEASES BEFORE THEY TAKE PLACE. (OSD PA PLAN)
Q26. WHY WERE YOU DETAINING ELDERLY MEN BELIEVED TO BE AT LEAST
80 YEARS OLD?
AGE IS NOT A DETERMINING FACTOR IN DETENTION. WE DETAIN ENEMY
COMBATANTS, THOSE WHO ARE ENGAGED IN ARMED CONFLICT AGAINST US OR
ARE PROVIDING MATERIAL SUPPORT TO OTHERS WHO ARE FIGHTING US.

THOSE DETAINED AT GTMO WERE SENT THERE FOR A REASON. AS WE
HAVE STATED NUMEROUS TIMES, WHEN SUCH AN ENEMY COMBATANT IS
DETERMINED TO NO LONGER POSE A THREAT, AND HAS NO MORE
INTELLIGENCE OR LAW ENFORCEMENT VALUE, HE WILL BE RELEASED OR
TRANSFERRED TO THE CONTROL OF ANOTHER GOVERNMENT.

HOWEVER, IT IS WORTH NOTING THAT THE AL QAIDA AND THE -
TALIBAN COMBATANTS ARE FROM A MUCH WIDER AGE GROUP THAN A TYPICAL
ORGANIZED MILITARY. WE HAVE ONLY DETAINED INDIVIDUALS THAT
REQUIRED FURTHER SCREENING DUE TO THREAT, INTELLIGENCE, OR LAW
ENFORCEMENT CONCERNS.

Q27. ARE THE REMAINING «DETAINEES» AT GTMO AWARE THAT THERE HAS BEEN A RELEASE?
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YES.

Q28. WHEN DID THE «immanEEs» LEARN THEY WERE TO BE RELEASED?

THEY WERE INFORMED SEVERAL DAYS AGO.

Q29. DID THE «DETAINEES» SAY ANYTHING WHEN THEY LEARNED THEY WERE
GOING HOME?

WE WILL NOT RELAY COMMENTS MADE BY INDIVIDUAL «DETAINEES» REGARDING
THEIR STATUS.

Q30. ARE YOU CONCERNED A «DETAINEE» WILL DIE IN CAPTIVITY?
WE ARE CONCERNED ABOUT THE HEALTH AND SAFETY OF ALL «DETAINEES». WE
ARE PROVIDING EXPERT MEDICAL «TREATMENT» FOR THE «DETAINEES». SINCE
DETENTION OPERATIONS BEGAN, WE HAVE TREATED WOUNDS SUSTAINED IN

BATTLE AND RELIEVED PAIN AND SUFFERING CAUSED BY PRE-EXISTING

CONDITIONS.

Q31. HOW LONG HAD EACH «DETAINEE» BEEN HELD IN CONFINEMENT?
INFORMATION SPECIFIC TO THE INDIVIDUALS WILL NOT BE PROVIDED.

Q32. ARE «DETAINEES» PERMITTED ANY PRIVILEGES AT GTMO, NOT
AFFORDED TO OTHERS, ONCE THEIR INNOCENCE HAS BEEN DETERMINED?

(FOOD, SHELTER, CLOTHING, PRIVACY)
THIS IS NOT ABOUT GUILT OR INNOCENCE. THESE INDIVIDUALS WERE
DETAINED AS ENEMY COMBATANTS. THE U.S. HAS THE AUTHORITY UNDER
THE LAW OF ARMED CONFLICT TO DETAIN ENEMY COMBATANTS WHO POSE A
THREAT TO THE U.S. DOD HAS DETERMINED THAT THE THREAT POSED BY
THESE INDIVIDUALS HAS BEEN SIGNIFICANTLY MITIGATED AND THEY NO
LONGER REQUIRE DETENTION BY THE U.S.

Q33. ARE THOSE SOON TO BE RELEASED HELD UNDER ARMED GUARD?
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PAGE 15 STATE 216580 • 312254Z WE WILL•NOT DISCUSS THE SPECIFIC SECURITY MEASURES IN PLACE AT GTMO AS THEY PERTAIN TO THE «DETAINEES».
5. MINIMIZE CONSIDERED.
POWELL

UNCLASSIFIED

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