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. The cable instructs the Missions/Embassies to assure host governments that “All detainees have been and will continue to be treated humanely and consistent with the principles of the Geneva Convention.” And the U.S. “[is] evaluating the possibility of returning certain individuals to their country of nationality for further detention and legal action” 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, “If pressed: We are studying the issue of allowing foreign governments access to [the] detainees in Guantanamo. Bay and will discuss with you further soon.”
UNCLASSIFIED
Ps
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SOURCE: DISKETTE.019310
DRAFTED BY: S/WCI:BBLASCHNIE:BB
01/11/02 (202) 647-5072
APPROVED BY: S/WCI:PPROSPER
EAP/ANP:TBREESE EUR/PRA:DCAGAN DOD/OSD EUR/UBI:JJOHNSON
SA/PAB:SMCGANN DOJ DOD/OGC NEA/ARP:MCORBIN L:WTAFT
P:SBRYANT PM:WHARRIS NSC:JSCHARFEN
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SECRETSTATE 007208
NODIS
MILITARY ADDRESSEE PLS HANDLE AS SPECAT EXCLUSIVE
E.O. 12958: DECL: 01/11/07
TAGS: PTER, PREL, KAWC
SUBJECT: TRANSFER OF DETAINEES
REF: STATE 6135
Classified by Ambassador Pierre-Richard Prosper for reasons
1.5 (b)(d).
B1
1.
(U) This is an action message.
2.
(C) Addressee posts I tare
requested to inform host governments at the earliest
opportunity of information related to the transfer of their
national(s) I Ito U.S facilities in
Guantanamo Eay. rersonal laliormation on detainees in
paragraph 4 may be shared with host government. Please do
not share details on nationals from third countries with
host government. Please use talking points in paragraph 3.
3. (U) Talking Points
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY; WILLIAM E LANDFAIR CLASSIFICATION: SECRET REASON: 1.4(D) DECLASSIFY AFTER: 12 JAN 2012
UNCLASSIFIED DATE/CASE ID: 10 NOV 2004 2003038270DOS-000641
I_INCLAS.SIFIED
,A Fri Jan 11 23:08:46 2002 [State 7208] L COPY 15 OF 22 Page 2 OF 3
At mid-afternoon local time January 11, a U.S. militai-y ircraft arrived at the U.S. Naval Station, Guantanamo Bay, 4uba carrying a number of individuals detained in relation 1,,to military operations in Afghanistan. These included ,21.. .(number) national(s) of your country. The USG does not0 Z4 Ce' 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
D international peace and security. For operational and security reasons, we have transported them to the U.S. Naval Station at Guantanamo Bay.,
I -- All detainees will be treated humanely.
S
-- The United States is evaluating the possibility of
prosecuting these detainees in a U.S. forum (either
civilian or military commissions).
-- 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.
N
-- If you have information concerning these detainees, and
especially information concerning any criminal conduct
(either criminal acts or 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.
0 -- We would hope that you would be able to prosecute vigorously all of your nationals who have aided al-Qaidaterrorists.
D -- Do you have any information from your own sources that
connects these persons with al-Qaida or the Taliban?
I
-- Are there any charges pending against these persons in
your country? If so, what are those charges and against
whcm have they been brought?
S
-- 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?
N
-- What types of punishments are available under your law
for offenses that have been or might be brought against
these persons in your country?
O
If pressed:
-- We are studying the issue of allowing foreign
governments access to detainees in Guantanamo. Bay and will
discuss with you further soon.
D
S B1
DOS-000642
UNCLASSIFIED
__UNCLASSIFIED
Fri Jan 11 23:08:46 2002 [State 72081 I. COPY 15 OF 22 Page 3 OF 3
5. (U) Background for Posts
(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
l and at Guantanamo Bay.
Ls -presently envisionea, aetentions and prosecutions of al-
B1
Qaida and notable Taliban members could be undertaken bythree parties: the United States, the respective governments of assorted nationals detained! and! !authorities themselves. We'w.I.J.J. waist. 4^. maiduain our riexibility of action in all scenarios.
(C)
In coming weeks we will make further transfers of
detained al-Qaida, senior Taliban officials and 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.
(C)
The issue of access to detainees is still being
studied.
6. (U) Please slug responses for S/WCI, L, and NSC (Legal
Office for Bellinger).
POWELL
SECRET
DOS-000643
UNCLASSIFIED