DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, May 2, 2002

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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 cable also states that the US will provide “the opportunity to visit detainees for intelligence gathering or law enforcement Purposes”. 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?” Finally, assurances are given that the International Committee for the Red Cross (ICRC) will be given an opportunity to visit Guantanamo, to insure the treatment of the detainees is in compliance with international standards for the of treatment of detainees.

Doc_type: 
Cable
Doc_date: 
Thursday, May 2, 2002
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 

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E.O. 12958: DECL: 04/30/07 TAGS: PTER, PREL, KAWC,I SUBJECT: MAY 1 TRANSFER OF DETAINEES TO UUANTANAMO
REF: A) STATE 6135S

B) STATE 20095

D Classified by S/WCI - Pierre Prosper, for reasons 1.5 (b)and (d).
1. (U) This is an action message.

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2. (C) Addressee posts I 'are BI requested to inform host governments at tne earliest opportunity of information related to the transfer of their national(s)I I to U.S. facilities in
Guantanamo Say. Personal information on detainees in
paragraph 5 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 from third
countries with host government. Post, and host government,

should be aware that much of this information is self­reported by the detainee. It may be inaccurate and even

UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 19 OCT 2004 200303827

UNCLASSIFIED
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o intended to deceive. Please use talking points in paragraph
4.

. (U) Talking Points

$47EBCft For all posts:

-- At mid-afternoon local time May 1, a U.S. military aircraft arrived at the U.S. Naval Base, Guantanamo Bay.D Cuba carrying a number of individuals detained in connection
1
with 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 and are being detained onS the same basis and under the same status as other detainees
held in connection with our military operations. For
operational and security reasons, we have transported them
to the U.S. Naval Station at Guantanamo Bay.
-- All detainees are being treated humanely. Representatives
from the International Committee of the Red Cross are
present at Guantanamo Bay and will be given the opportunity
to visit with the detainees.

N -- Countries of nationality may request through the State
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Department the opportunity to visit their detainees at Guantanamo Bay for intelligence gathering or law enforcementpurposes, subject to specific guidance as described inReftel B.
-- The United States is evaluating the possibility of
prosecuting these detainees in an U.S. forum.

-- We are also evaluating the possibility of transferring

certain individuals to their country of nationality,
including for possible 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.

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-- We would hope you would be able to investigate and prosecute vigorously all of your nationals who are al Qaidaor have aided al-Qaida terrorists.
-- Do you have any information from your own sources that
connects these persons with al-Qaida or the Taliban?

0 -- Are there any charges pending against these persons in your country? If so, what are those charges?
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-- Are you aware of any pending charges against these persons in other countries? 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

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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?

4.
(U) Reftel B provides detailed guidance regarding
requests for access to detainees in Guantanamo.

5.
(S/Rel to governments as specified in para 3)

UNCLASSIFIED

;,Detainee Data:
Bl, B6

UNCLASSIFIED

DOS-000091

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6. (C) Background for Posts
The most pressing matter at hand is ensuring that those
who pose or might pose a continuing threat to the United
Stat s remain securely detained ryrrently we are holding
overS and at Guantanamo Bay.

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As p caciit.iy =“viDiv,Lcu, Lict.ckLI-Lunb, and prosecutions of al-
Qaida and!Smembers could be undertaken by a

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ng: the United States, the
respective governments of those detained, countries attacked
or targeted for attack by particular detainees and the

I We will want to maintain our

number of parties, incS

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tlexibiiity or action in all scenarios.

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In coming weeks we will make further transfers
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to Guantanamo Bay of detained al-Qai a,

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Sjofficials and others who we believe pose a meat..

We will make determinations at a later date concerning
D detainees who may be subject to U.S. prosecution. We will

also examine the possibility of other states undertaking
prosecutions.

End background.

7. (U) Please slug responses for S/WCI, L,
DOD/OGC(Davidson), DOD/OSD/SOLIC(Vaccaro), JCS/LC (Dalton),
DOJ/CRM(Bruce Swartz), and NSC/Legal(Bellinger).
POWELL

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UNCLASSIFIED

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5874
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68