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. It also states that the U.S. Government has not yet made a final decision on criminal charges it may bring against detainees in Guantanamo or which legal forum to bring charges, but states that “We are also evaluating the possibility of returning certain individuals to their country of nationality for further legal action” “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”. It goes on to state “We would hope that you would be able to prosecute vigorously all of your nationals who have aided al-Qaida terrorists”. The detainee’s government is also being asked “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 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?”
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0 MILITARY ADDEES PLS TREAT AS SPECAT EXCLUSIVE E.O. 12958: DECL: 02/8/07 TAGS: PTER, PREL, KAWC
D SUBJECT: FEBRUARY 11 TRANSFER OF DETAINEES TO GUANTANAMO REF: A) STATE 6135 B) STATE 20095
Classified by S/WCI Pierre Prosper, for reasons 1.5 and (d). (b)
1. (U) This is an action message.
S B2
UNITED STATES DEPARTMENT OF STATE
REVIEW' AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 19 OCT 2004 200303827 UNCLASSIFIED
aCte /4 7SSIFIED
laTue Feb 12 23:34:38 2002 11W 0] PM COPY 16 OF 20 Page 2 OF 4
3. (C) Addressee posts (not/not including Havana) are
us requested to inform host governments at the earliest
opportunity of irgormation related to the transfer of
their national(s)I Ito U.S facilities in
Guantanamo Bay. Personal information on detainees in
paragraph 6 may be shared with host government. We will
provide further identifying details on detainees that
could be shared with host governments as it becomes"
available. Please do not share details on nationals frcm
third countries with host government. Please use talking
points in paragraph 4.
4. (U) Talking Points
-- At mid-afternoon local time February 11, a U.S.
military aircraft arrived at the U.S. Naval Base,
Guantanamo Bay, Cuba carrying a number of individuals
detained in relation to 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. For operational
and security reasons, we have transported them to the
U.S. Naval Station at Guantanamo Bay.
-- All detainees will be treated humanely.
-- The United States is evaluating the possibility of
prosecuting these detainees in a U.S. forum.
--We are also evaluating the possibility of returning
certain individuals to their country of nationality for
further 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 that you would be able to prosecute
vigorously all of your nationals who 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 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?
5. Ref B provides detailed guidance regarding requests
for access to detainees in Guantanamo.
UNCLASSIFIED
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Feb 12 23:34:38 2002 [State 27780) PM COPY 16 OF 20 Page 3 OF 4
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N 7. (U) Background for Posts
0
(C)
The most pressing matter at hand is ensuring that those who pose or might pose a continuing threat to the
United States remain securely detained. Currently we are
holding over 400 individuals!Rland at
B1
Guantanamo Bay. As presently envisionea, uetentions andD prosecutions of al-Qaida and notable Taliban memberscould be undertaken by three parties: the United States, the respective governments of assorted nationals detained and R LE—WTTI—WBU t—td maintain our tlexitality of action in allI 1
scenarios.
(C) In coming weeks we will make further transfers of
S
detained al-Qaida, senior Taliban officials and others
who we believe pose a threat.
(C)
we will make determinations at a later date
concerning detainees who may be subject to U.S.
S.
(U) Please slug responses for S/WCI, L,
prosecution. We will also examine the possibility of
other states undertaking prosecutions.
UNCLASSIFIED
4stagr OpA.,R
NCLASSIFIED
e Feb 12 23:34:38 2002 'State 27780] PM COPY 16 OF 20 Page 4 OF 4
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liDOD/OGC:Davidson, DOD/OSD/SOLIC:Hollis, and
IPSC/Legal:Hellinger.
*POWELL
441 SECRET
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