DOS Cable re: Guidance and Talking Points to Foreign Governments Concerning Their Citizens Detained at Guantanamo, May 6, 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 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: 
Monday, May 6, 2002
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 

°P.s. UNCLASSIFIED
Z, on May 06 19:39:58 2002 (State 85602] TF1 COPY 24 OP 25 Page 1 OF 4

PTP8195

SECRETPPTP8195

47

1..PPAGE 01PSTATEP

085602 062332Z

SPATEsCk RELEASED IN PART

DODE(01) EAP(01):Bl, 1.4(D), B6
@INFO: CIAE(01) D(01)P
EUR(01):I0(01)PNEA(01)

INR(01):L(01)P
NSCE(01) P(01)PPM(01)P

PA(01)PPRM(01)
S(01)PSCT(01) SPX(01)P

SA(01)PSS(01)
SSO(01) SSOX(01) SWCI(01) T(01)
TF1(01) WHA(01)

P061939L MAY 02 SMR (TOTAL COPIES:025)

@INFO: SWO(00)
=P
====P

062328Z MAY 02 STePS (TOTAL COPIES:000)

ORIGIN NODS-00

INFO LOG-00P/00OR

CCOE-00 SAS-00P

085602
SOURCE: DISKETTE.021076
DRAFTED BY: S/WCI:JCROCKP

05/06/02 (202) 647-5201
APPROVED BY: S/WCI:PPROSPER
L/NESA:JADOLAN PM:SPETERS NEA/ENA:CHENZEL NEA/ARP:MCORBIN
DOD:MVACCARO SA/PAB:SMCGANN DOJ:BSWARTZ P:SBRYANT
NEA/NGA:RKIEFER EUR/NCE:FGONZALEZ EUR/SCE:DFANE
EAP/CM:MMESERVE S/ES-0:SROBINSON

PAACA4D 062334Z /38
O 062321Z MAY 02 ZFF6

FM gRrSTATP waqwnr

B1

DECAPTIONED
S E C R E T STATE 085602

NODIS

E.O. 12958: DECL: 05/03/07
TAGS: PTER, PREL, KAWC,I
SUBJECT: MAY 5 TRANSFER OF DETAINEES TO GUANTANAMO

REF: A) STATE 6135P

B) STATE 20095

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

1.
(U) This is an action message.

2.
(C) Addressee posts (not/not including Havana) are
requested to inform host governments at the earliest
opportunity of infn,matinn r lated to the transfer of their
national(s) U.S. facilities in
Guantanamo Lay.:=nation on detainees in

rersonai:
paragraph 5 may be shared with host government. We bill:
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!

:1 Post, and host government, should be aware

that much of this information is self-reported by the

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

UNCLASSIFIED

Ton May 06 19:39:58 2002 [State 85602] TF1 COPY 24 OF 25 Page 2 OF 4

'

detainee. It may be inaccurate and even intended to
teceive. Embassy please use talking points in

aragraph 6. All o er posts, please use talking points in

Staragraph 3.

B1 5\4 3. (U) Talking Points
For all posts except

I
-- At mid-afternoon local time May 5, a U.S. military
aircraft arrived at the U.S. Naval Base, Guantanamo Bay,
Cuba carrying a number of individuals detained in connection
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 on
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.

N
-- 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.
-- Countries of nationality may request through the State
Department the opportunity to visit their detainees at
Guantanamo Bay for intelligence gathering or law enforcement
purposes, subject to specific guidance as described in
reftel B.

D•-- The United States is evaluating the possibility of
prosecuting these detainees in an U.S. forum.

S
-- We will also be evaluating the possibility oftransferring certain individuals to their country of nationality, including for possible legal action. Beforemaking 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.

N -- We would hope you would be able to investigate andprosecute vigorously all of your nationals who are al Qaida or have aided al-Qaida terrorists.
0
-- Do you have any information from your own sources that

connects these persons with al-Qaida or the Taliban?

D
-- Are there any charges pending against these persons in

your country? If so, what are those charges?

I
-- 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,

S• including for acts related to the Afghan conflict or terrorist acts? -- What types of punishments are available under your lawfor offenses that have been or might be brought against these persons in your country?
4. (U) Reftel B provides detailed guidance regarding

UNCLASSIFIED

saron. op., UNCLASSIFIED
-Von May 06 19:39:58 2002 [State 85602) TF1 COPY 24 OF 25 Page 3 OF 4

•Prequests for access to detainees in Guantanamo.

B1, B6
Eb.
D

S

N

0

D
S

UNCLASSIFIED

UNCLASSIFIED

Mnn Mav ng 1Q•1Q.SR inn' rgt-Atek A56e71 TF1P74 AFF 7R. D ge 4 OF 4

Bl, B6
B1

7. (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
States rP' rrently we are holding

•PP
over and at Guantanamo Bay.

B1
As p esenriy envisipnea, aetentions and prosecutions of al-
Qaida and notable Taliban members couldP

undertaken by a
number of parties, including: 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
ox action in air scenarios.

In coming weeks we will make further transfers
Ito Guantanamo Bay of detained al-Qa , senior
Talinan orricials and others who we believe pose a threat.

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.

End background.

8. (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(B

ellinger).

9. (U) Minimize considered

POWELL

SECRET

UNCLASSIFIED

Doc_nid: 
5875
Doc_type_num: 
68