DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, March 19, 2003

State Department cable stating that the U.S. has come to an agreement to return five (5) Guantanamo detainees back to their home country. The agreement includes assurances from the receiving country that the detainees will receive humane treatment; they will be treated in accordance with the Geneva Conventions; they will receive due process of law; and the detainees will not be persecuted once returned home.

Doc_type: 
Cable
Doc_date: 
Wednesday, March 19, 2003
Doc_rel_date: 
Tuesday, June 7, 2005
Doc_text: 

_ t ._ .,jt-
UNCLASSIFIED
, -Current' Class: SECRET
Page: 1
X / I
,;, Current Handl ing : NODIS Document Number: 2003STATE072911 RELEASED IN PARTchannel: n/a
Bl, 1.4(D), B7(A), B7(C), B3, CIA
ORIGIN NODS-OO
INFO LOG-OO CCOE-OO SAS-OO /OOOR
072911 SOURCE: DISKETTE.026464 DRAFTED BY: S/WCI:RMILLER --03/19/03 (202) 647-5093
APPROVED BY: S/WCI:PPROSPER
DOD/OGC:EDAVIDSON DOJ:JMCATAMNEY L/PM:JADOLAN D:DPITTMAN CIA/I !DOD/SOLIC;AFORTUNE P:BBRINK S/CT:SMOLNAR B3
NEA/ARP:DJONE S/ES-O:MSCHELAND
------------------4759AO 200234Z 138

o 200230Z MAR 03 ZFF6
FM SECSTATE WASHDC Bl, B7(A), ~7(C)
TO AMEMBASsyl ~MMEDIATE
INFO JOINT STAFF WASHDC IMMEDIATE 3137
USSOUTHCOM MIAMI FL IMMEDIATE
USCENTCOM MACDILL AFB FL IMMEDIATE
SECDEF WASHDC IMMEDIATE 6820
DEPARTMENT OF JUSTICE WASHDC PRIORITY

SEC RET STATE 072911
DECAPTIONED
NODIS
MILITARY ADDRESSEES, HANDLE AS SPECAT EXCLUSIVE

E.O. 12958: DECL: 03/19/13 TAGS: PTER, KAWC, PHUM, PINR,c=:=J Bl, B7(A), B7(C) SUBJECT: VISIT TO GUANTANAMO
Bl, B7(A), B7(C) REF: B) STATE 20095
CLASSIFIED BY SIWCI, AMBASSADOR PIERRE-RICHARD PROSPER
FOR REASONS 1.S(B) AND (D)

1.
(U) THIS IS AN ACTION REQUEST -SEE PARAGRAPH 4.

2.
(S) POST IS ADVISED THAT DEPARTMENT OF DEFENSE IS

Bl, B7(A), B7(C)
PREPARED TO APPROVE THE TRANSFER OF FIVE (5)1~__~~~
NATIONALS, CURRENTLY IN USG CONTROL AT GUANTANAMO, TO THE
CONTROL OFI IFOR CONTINUED DETENTION SUBJECT TO THE
CONCLUSION OF A TRANSFER AND DETENTION AGREEMENT.

-3. (S) THIS BI-LATERAL AGREEMENT WILL REQUIRE A SERIES OF Bl, B7(A), B7(C) ASSURANCES FROM I IINCLUDING BUT NOT LIMITED TO THE FOLLOWING:
ACKNOWLEDGEMENT OF A LEGAL BASIS FOR~I______~ITO
KEEP THE DETAINEES IN DETENTION,

Current Class: SECRET Page: 1
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD DATE/CA~E ID: 15 MAR. 2005 Z00303B27
UNCLASSIfIED
00S-003093

, ~ ,~::!.
UNCLASSIFIED
." :' .-~utrent Class: SECRET Page: 2 Current Handling: NODIS Document Number: 2003STATE072911 Channel: n/a
--CONTINUED DETENTION DURING THE COURSE OF HOSTILITIES OR UNTIL MUTUALLY AGREED OTHERWISE,
.
ASSURANCES OF HUMANE TREATMENT IN A MANNER CONSISTENT WITH THE PRINCIPLES OF THE THIRD GENEVA CONVENTION OF 1949 AND APPLICABLE INTERNATIONAL LAW,
Bl
--REGULAR ACCESS BY ICRC,
WILLINGNESS TO INITIATE INVESTIGATION,AND POSSIBLE

PROSECUTION, ENSURING BASIC DUE PROCESS WITH ANY PROSECUTION, COMMITMENT NOT TO PERSECUTE THE DETAINEES.
4. (S) POST IS AUTHORIZED TO APPROACH I lAND INFORM THEM OF THE USG DECISION AND DETERMINE THEIR WILLINGNESS Bl, B7(A), B7(C) TO ENTER INTO SUCH A BI-LATERAL AGREEMENT ADDRESSING THE AFOREMENTIONED CONDITIONS AND/OR ASSURANCES.
5. (S) THE FORMAL BI-LATERAL AGREEMENT FOR USE IN NEGOTIATIONS WITH I IWILL BE FORWARDED TO POST, UPON C-17S AUTHORIZATION, EXPECTED WITH THE NEXT 24 HOURS. POWELL
NNNN
Current Class: SECRET Page: 2
UNCLASSIFIED
00S-003094

Doc_nid: 
6988
Doc_type_num: 
68