DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, February 14, 2002

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 states that the U.S. Government is “evaluating the possibility of returning certain individuals to their country of nationality for further legal action” “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? And “What types of punishments are available under your law for offenses that have been or might be brought against these persons in your country?”

Doc_type: 
Cable
Doc_date: 
Thursday, February 14, 2002
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 

UNCLASSIFIED
• , Thu Feb 14 21:49:38 2002 (State 29797] TF1 COPY 21 OF 22 Page 1 OF 3

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SOURCE: DISKETTE.019789
DRAFTED BY: S/WCI:JCROCK:JC -- 02/14/02 (202) 647-5201
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DECAPTIONED
SECRETSTATE 029797

NODIS

MILITARY ADDEES PLS HANDLE AS SPECAT EXCLUSIVE

E.O. 12958: DECL: 02/14/07

B1
TAGS: PTER, PREL, KAWC,
SUBJECT: FEBRUARY 13 TRANSYEK OF UtTAINhEs.

TIO GUANTANAMO

REP: A) STATE 6135 B) STATE 20095

Classified by S/WCI - Pierre Prosper, for reasons 1.5 (b)
and (d).

1. (U) This is an action message.

B2
3. (C) Addressee posts Blare requested to inform hosit. governments at the earIlest B1 opportunity of information related to the transfer of their national(s)IBIto U.S. facilities in
B1
Guantanamo Say. rersonal information on detainees in paragraph 6 may be shared with host government. We will
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: WILLIAM E LANDFAIR DATE/CASE ID: 19 OCT 2004 200303827

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.i ThuFeb 14 21:49:38 2002 (State 29797] TF1 COPY 21 OF 22 Page 2 OF 3

oprovide further identifying details on detainees that could
be shared with host governments as it becomes available.

45/Please do not share details on nationals from third
countries with host government. Please use talking points
in paragraph 4.

6stl7E9

4. (U) Talking Points

-- At mid-afternoon local time February 13, 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?

S. Ref B provides detailed guidance regarding requests for
access to detainees in Guantanamo.

Bl, B6
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Bl. B6
lq
U Bac groun•or •osts

(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 1 land at Guantanamo Bay.

B1
As presently envisioned, detentions and prosecutions of al-

Qaida and notable Taliban members could be undertaken by
three parties: the United States, the respective governments
of assorted nationals detained ini and the

B1
We will want to maintain our
flexibility of action in all scenarios.

(C) In coming weeks we will make further transfers of
detained lofficials and others who

B1
we believe pose a tnreac.

(C) We will make determinations at a later date concerning
detainees who may be subject to U.S. prosecution. We will
also examine the possibility of other states undertaking
prosecutions.

8. (U) Please slug responses for S/WCI, L,
DOD/OGC(Davidson), DOD/OSD/SOLIC(Hollis), DOJ/CRM(Bruce
Swartz), and NSC/Legal(Bellinger).
POWELL

SECRET

UNCLASSIFIED

DOS-000080

Doc_nid: 
5870
Doc_type_num: 
68