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.
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085602
SOURCE: DISKETTE.021076
DRAFTED BY: S/WCI:JCROCKP
05/06/02 (202) 647-5201
APPROVED BY: S/WCI:PPROSPER
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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
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•Prequests for access to detainees in Guantanamo.
B1, B6
Eb.
D
S
N
0
D
S
UNCLASSIFIED
UNCLASSIFIED
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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