DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, February 25, 2002

This State Department cable provides talking points for US mission & Embassy officials to inform 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 “The United States is evaluating the possibility of prosecuting these detainees in a U.S. forum”. But that “We are also 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: 
Monday, February 25, 2002
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 

UNCLASSIFIED
• --.4so' A.d, Mon Feb 25 21:27:05 2002 (State 36342] PM COPY 14 OF 18 Page 1 OF 3
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ORIGIN NODS-00

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036342
SOURCE: DISKETTE.019945
DRAFTED BY; S/WCI:JCROCK:JC -- 02/26/02 (202) 647-5072
APPROVED BY: S/WCI:BBLASCHKE
L:EBLOOM P:SBRYANT PM:SPETERS S/ES-O:DJYOUNG
DOJ:DCOLLINS EUR:DCAGAN DOD:CHOLLIS

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DECAPTIONED
SECRETSTATE 036342

NODIS

MILITARY ADDEES HANDLE AS SPECAT EXCLUSIVE

E.O. 12958: DECL: 02/8/07
TAGS: PTER, PREL, KAW2,46721

SUBJECT: FEBRUARY 7 T)OF DETAINEES TO GUANTANAMO

REF: A) STATE 6135 B) STATE 20095

Classified by S/WCI - Brent Blaschke, for reasons

1.5 (b) and (d).

1. (U) This is an action message.

3. (C) Addressee post is requested to inform host
gowernment at the earliest opportunity of •)

ation
related)

to the transfer of their national

o U.S facilities in Guantana v may'

I
personal informationon detainee in paragraph 6 may be
shared with host government. We will provide further
identifying details on detainees that could be shared
with host government as it becomes available. Please
use talking points in paragraph 4

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: WILLI AN1 F LANDFAIRU
UNCLASSIFIED
DATE/CASE ID: 19 OCT 2004 200303827
B1
B2
BI
DOS-000081

01T

)

Q3' OF S Mon Feb 25 21:27:05 2002 Iri&c:LiWILIWY 14 OF 18 Page 2 OF 3

74

(U) Talking Points

kj--At mid-afternoon local time February 7, a U.S.
its military aircraft arrived at the U.S. Naval Base,

S*4 GO" Guantanamo Bay, Cuba carrying a number of
individuals detained in relation to military
operations in Afghanistan. These included a
possible national of your country. This
individual inatiall identified himself as a

B6
national of but now a ears to

actually be a nations of)The USG

does not intend to make na)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 this detainee,
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 any of your nationals who have aided
al-Qaida terrorists.

--Do you have any information from your own sources
that connects this person with al-Qaida or
the Taliban?

--Are there any charges pending against this person
in your country? If so, what are those charges
and against whom have they been brought?

--would this person 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 this person in your country?

5. (C) Ref B provides detailed guidance regarding

requests for access to detainees in Guantanamo.

Bl, B6
7. (C) Background for Posts

(C) The most pressing matter at hand is ensuringthat those who pose or might pose a continuing threat to the United States remain securely) detained. Currently we are holding over I B1

UNCLASSIFIED

DOS-000082

Cle*

4. mon Feb 25 21:27:05 2002 /IT

ShgelirMigY 14 OF 18 Page 3 OF 3

)land at Guantanamo Bay. As
'ons and prosecutions of
members could be

,,
; 7N:''''
naertaxen ny tnree parties: the United States, the)B1 'iiiii . -' Urespective anvernmenrcpf assort a narinna1c 010" detained!)1 and the we will want to mai
:57—art-rall—lin all scenarios.

(C)
In comirio weeks we will make frrOler transfers
of detained 'officials and B1
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.
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, and
NSC/Legal:Sellinger.

9.
Minimize considered.
POWELL

SECRET

UNCLASSIFIED

DOS-000083

Doc_nid: 
5871
Doc_type_num: 
68