DOS Cable re: Guidance to Foreign Governments to Gain Access to Their Citizens Who are Detained at Guantanamo

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, and policy guidance for foreign governments to visit and access the detainees at Guantanamo that are their citizens. The cable instructs the Missions/Embassies to inform foreign governments that: the foreign government's access to these detainees is limited to intelligence and/or law enforcement purposes; The United States will video tape and sound record the interviews between representatives of your government and the detainee(s); The senior U.S. representative present may terminate an interview at any time; The U.S. Department of Defense must be provided a copy of your government's final report on the visit; and Your Government will be required to reimburse the Department of Defense for all costs associated with the visit incurred by the US Government, including the costs of transportation, lodging, and meals.

Doc_type: 
Cable
Doc_date: 
Sunday, June 2, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

,Current Class: SECRET Current Handling: NODIS ONLY Document Number: 2002STATE11 8335 UNCLASSIFIED Page: 1 Channel: n/a
SECRET PTQ4875
PAGE 01 STATE 118335 191559Z ORIGIN NODS-00

RELEASED IN PART
INFO LOG-00

CCOE-00 SAS-00

/°°°R B2, Bl, 1.4(D), B6, B7(C)
DRAFTED BY:S/ES-0:HCVARIAVA
APPROVED BY:S/ES-0:HCVARIAVA

BF9052 191600Z /38
O 191556Z JUN 02 ZFF5
FM SECSTATE WASHDC

B1
S E C R E T STATE 118335

NODIS. DECAPTIONED EYES ONLY AMBASSADOR - REPEATED AT REQUEST OF S/WCI FOLLOWING SECSTATE 118335 DATED 182241Z JUN 02 SENT ACTION
B1
(BEING REPEATED
FOR YOUR INFO:
QUOTE

S ECRETSTATE 118335
NODIS
MILITARY ADDEES HANDLE AS SPECAT EXCLUSIVE

SECRET
PAGE 02 STATE

118335 191559Z

E.O. 12958: DECL: 06/13/12

BI
TAGS: PTER, PREL,•KAWC,
SUBJECT: JUNE 13 TRANSFER OF DETAINEES TO GUANTANAMO
REF: A) STATE 6135

B) STATE 20095

CLASSIFIED BY S/WCI - PIERRE PROSPER, FOR REASONS 1.5 (B)
AND (D).

1. (U) THIS IS AN ACTION MESSAGE.

B2
2.
Current Class: SECRET Page: 1

UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: SHARON E AHMAD

UNCLASSIFIED0DOS-002075
DATE/CASE ID: 04 NOV 2004 200303827
UNCLASSIFIED

,Current Class: SECRET Page: 2
Current Handling: NODIS ONLY
Dociment Number: 2002 STATE 118335 Channel: n/a
B2

3. (C) ADDRESSEE POSTS (NOT/NOT INCLUDING HAVANA) ARE REQUESTED TO' INFORM HOST GOVERNMENTS AT THE EARLIEST OPPORTUNITY OF INFORMATION RELATED TO THE TRANSFER OF THEIR NATIONAL(S)1 tr0 U.S FACILITIES IN GUANTANAMO BAY. PERSONAL INFORMATION ON DETAINEES IN PARAGRAPH 6 MAY BE SHARED WITH HOST GOVERNMENT. WE WILL SECRET B1
PAGE 03 STATE 118335 191559Z 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 SELF-REPORTED BY THE DETAINEE. IT MAY BE INACCURATE AND EVEN INTENDED TO DECEIVE. PLEASE USE TALKING POINTS IN PARAGRAPH 4.
4. (U) TALKING POINTS
-- AT MID-AFTERNOON LOCAL TIME JUNE 13, 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 (A) 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 WERE CAPTURED IN AFGHANISTAN AS ENEMY COMBATANTS IN CONNECTION WITH THE ONGOING ARMED CONFLICT. THEY POSE A THREAT TO THE UNITED STATES AND INTERNATIONAL PEACE AND SECURITY. THEY ARE BEING DETAINED IN ACCORDANCE WITH THE LAWS AND CUSTOMS OF WAR WHICH PERMIT U.S. MILITARY AUTHORITIES TO HOLD ENEMY COMBATANTS AT LEAST FOR THE DURATION OF HOSTILITIES, AS IS THE CASE FOR OTHER DETAINEES HELD IN CONNECTION WITH OUR MILITARY OPERATIONS. FOR OPERATIONAL AND SECURITY
Current Class: SECRET Page: 2

UNCLASSIFIED
,Current Class: SECRET Page: 3
Current Handling: NODIS ONLY
Document Number: 2002STATE118335 Channel: n/a

REASONS, WE HAVE TRANSPORTED THEM TO THE U.S. NAVAL

STATION AT GUANTANAMO BAY.

SECRET

PAGE 04 STATE 118335 191559Z

-- ALL DETAINEES HAVE BEEN AND WILL CONTINUE TO BE

TREATED HUMANELY AND CONSISTENT WITH THE PRINCIPLES OF

THE THIRD GENEVA CONVENTION. REPRESENTATIVES FROM THE

INTERNATIONAL COMMITTEE OF THE RED CROSS ARE PRESENT AT

GUANTANAMO AND WILL BE-GIVEN THE OPPORTUNITY TO VISIT

WITH EACH DETAINEE PRIVATELY.

-- THE UNITED STATES IS EVALUATING THE POSSIBILITY OF

PROSECUTING THESE INDIVIDUALS IN A U.S. FORUM.

-- WE ARE ALSO EVALUATING THE POSSIBILITY OF RETURNING

CERTAIN INDIVIDUALS TO THEIR COUNTRY OF NATIONALITY FOR

FURTHER DETENTION AND 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.

-- WE WOULD HOPE THAT YOU WOULD INVESTIGATE THE
ACTIVITIES OF YOUR NATIONALS, WHO HAVE AIDED AL-QAIDA
TERRORISTS OR COMMITTED OTHER CRIMES, AND TO THE GREATEST
EXTENT POSSIBLE, BE ABLE TO PROSECUTE THEM VIGOROUSLY FOR
THEIR CRIMINAL CONDUCT.

-- DO YOU HAVE ANY INFORMATION FROM YOUR OWN SOURCES THAT
CONNECTS THESE PERSONS WITH AL-QAIDA OR THE TALIBAN?

SECRET

PAGE 05 STATE 118335 191559Z
-- ARE THERE ANY CHARGES PENDING AGAINST THESE PERSONS IN
YOUR COUNTRY? IF SO, WHAT ARE THOSE CHARGES?

-- 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?

Current Class: SECRET Page: 3

DOS-002077

UNCLASSIFIED
UNCLASSIFIED
Current Class: SECRET Page: 4
Current Handling: NODIS ONLY
Document Number: 2002STATE118335 Channel: n/a

-- WHAT TYPES OF PUNISHMENTS ARE AVAILABLE UNDER YOUR LAW
FOR OFFENSES THAT HAVE BEEN OR MIGHT BE BROUGHT AGAINST
THESE PERSONS IN YOUR COUNTRY?

5.
(U) REF B PROVIDES DETAILED GUIDANCE REGARDING REQUESTS
FOR ACCESS TO DETAINEES IN GUANTANAMO.

6.
(S/REL TO GOVERNMENTS AS SPECIFIED IN PARA 3)
DETAINEE DATA:

Bl, B6, B7(C)
Current Class: SECRET Page: 4

UNCLASSIFIED

.Current Class: SECRET Current Handling: NODIS ONLY Document Number: 2002STATE118335 yage: 5 Channel: n/a
7. (C) 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

B1

HOLDING APPROXIMATELY1 IAND
SECRET

PAGE 07 STATE 118335 191559Z
AT GUANTANAMO BAY. AS PRESENTLY ENVISIONED, DETENTIONS
AND PROSECUTIONS OF AL-QAIDA AND NOTABLE TALIBAN MEMBERS
COULD BE UNDERTAKEN BY ANY NUMBER OF PARTIES, INCLUDING
THE UNITED STATES, THE GOVERNMENTS OF NATIONALITIES OF
THOSE DETAINED, COUNTRIES ATTACKED OR TARGETED FOR ATTACK
BY PARTICULAR DETAINEES, AND/OR

I

WE WILL WANT TO MAINTAIN OUR FLEXIBILITY 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.

8.
(U) PLEASE SLUG RESPONSES FOR S/WCI, L,
DOD/OGC:DAVIDSON, DOD/OSD/SOLIC:HOLLIS, AND NSC,
LEGAL:BELLINGER.

9.
(U) MINIMIZE CONSIDERED.
POWELL UNQUOTE POWELL

SECRET

« END OF DOCUMENT »
Current Class: SECRET Page:

UNCLASSIFIED0DOS-002079

Doc_nid: 
6528
Doc_type_num: 
68