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: 
Wednesday, June 19, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

° A ' UNCLASSIFIED
Current Class: SECRET Page: 1
Current Handling: NODIS
Document Number: 2002STATE119189 Channel: n/a ,

SECRET PT09403

119189 192126Z

PAGE 011STATE1

ORIGIN NODS-00

RELEASED IN PART INFO LOG-00C/000R B2, Bl, 1.4(D), B6, B7(C)
CCOE-00 SAS-00

119189
SOURCE: DISKETTE.021686
DRAFTED BY: S/WCI:BBLASCHKE:BB -- 06/19/0206/19/02 (202) 647-6751
APPROVED BY: S/WCI:BBLASCHKE


SA/PAB:SMCGANN L/NESA:JADOLAN P:SCURRAN PM:SPETERS
DOD/OSD:CALLISON DOJ:MCATAMNEY EUR:DCAGAN NEA/ARN:MCORBIN
NEA/ARP:DBELL
S/ES-0:HVARIAVA

BFB83C 192127Z /38
O 192124Z JUN 02 ZFF6
FM SECSTATE WASHDC

B1
SECRETSTATE 119189
NODIS DECAPTIONED
MILITARY ADDEES TREAT AS SPECAT
SECRET
PAGE 021STATE1119189 192126Z E.O. 12958: DECL: 06/16/12 1 TAGS: PTER, PREL, KAWC, SUBJECT: JUNE 16 TRANSFER OF DETAINEES TO GUANTANAMO B1
REF: A) STATE 61351B) STATE 20095
CLASSIFIED BY S/WCI - PIERRE PROSPER, FOR REASONS 1.5 (B) AND (D).
1. (U) THIS IS AN ACTION MESSAGE. B2

Current Class: SECRET Page: 1

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD

UNCLASSIFIED
DATE/CASE ID: 04 NOV 2004 200303827 DOS-002085
Current Class: SECRET UNCLASSIFIED Page:
Current Handling: NODIS
Document Number: 2002STATE119189 Channel: n/a
B2
1

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

C

THEIR NATIONAL(S) ICpp U.S FACILITIES IN B1
GUANTANAMO BAY. PERSONAL INFORMATION ON DETAINEES IN

PARAGRAPH 6 MAY BE SHARED WITH HOST GOVERNMENT. WE WILL

PROVIDE FURTHER IDENTIFYING DETAILS ON DETAINEES THAT

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PAGE 03CSTATEC

119189 192126Z
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 16, 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
REASONS, WE HAVE TRANSPORTED THEM TO THE U.S. NAVAL

Current Class: SECRETC Page: 2

UNCLASSIFIED DOS-002086

UNCLASSIFIED

Current Class: SECRET Current Handling: NODIS Document Number: 2002STATE119189 Page: 3 Channel: n/a
STATION AT GUANTANAMO BAY.
-- ALL DETAINEES HAVE BEEN AND WILL CONTINUE TO BE SECRET 1
PAGE 04CSTATEC119189 192126Z 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?

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

119189 192126Z

-- 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?

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

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UNCLASSIFIED DOS-002087 UNCLASSIFIED

' Current Class: SECRET Page: 4
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Document Number: 2002STATE119189 Channel: n/a

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

DOS-002088

UNCLASSIFIED
• • UNCLASSIFIED
' Current Class: SECRET Page: 5
Current Handling: NODIS .
Document Number: 2002STATE119189 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
SECRET
PAGE 071STATE1119189 192126Z

UNITED STATES REMAIN SECURELY DETAINED. CURRENTLY WE ARE

HOLDING APPROXIMATELYI1 IAND

Bl
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

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,
DODZOGC:DAVIDSON, DOD/OSD/SOLIC:HOLLIS, AND NSC
LEGAL:BELLINGER

9.
(U) MINIMIZE CONSIDERED.
POWELL

SECRET

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DOS-002089
UNCLASSIFIED

Doc_nid: 
6530
Doc_type_num: 
68