State Department cable with a letter from Ambassador Pierre-Richard Prosper on behalf of Sec. Powell. The letter states that the men are being held in accordance with the law of war for illegal enemy combatants, but that they are being treated humanely and in conformity with the Geneva Conventions. As for visiting the men, Amb. Prosper stated that the only visits permitted at this time are by "foreign government officials that are essential to law enforcement objectives or intelligence gathering" purposes.
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* -Current Class: UNCLASSIFIED
RELEASED IN PART B6, B7(A), B7(C)
ORIGIN SWCI-00
NP-00OUSNW-00 DODE-00
DOTE-00 DS-00OEB-00OFAAE-00 FBIE-00
INFO LOG-00OAMAD-00 CIAE-00 INL-00O
EAP-00OEUR-00O
UTED-00 TEDE-00 INR-00OJUSE-00 L-00O
10-00ONSAE-00
NSCE-00 OIC-02OTFBI-00 PER-00OP-00
PA-00OPM-00O
SCT-00OSSO-00OTEST-00 ASDS-00 PMB-00
IRM-00OSS-00O
DSCC-00 PRM-00OSAS-00O
DRL-00O/002R
232074
SOURCE:O
KODAKA.011002
DRAFTED BY: S/WCI:RMILLER -- 08/11/03 (202)647-5093
APPROVED BY: S/WCI:PPROSPER
L/PM:JADOLANOEUR/613I:RDUNHAM
P:BBRINK D:DPITTMANO
S/CT:SMOLNARO
PM:GSUCHAN
DESIRED DISTRIBUTION:
S/WCI, L, P, S/CT, EUR/UBI
915BF8 111320Z /38
O 111312Z AUG 03
FM SECSTATE WASHDC
TO AMEMBASSY LONDON IMMEDIATE
UNCLAS STATE 232074
SENSITIVE
E.O. 12958: N/A
TAGS: PTER, KAWC, PHUM, PINR, UK
SUBJECT: LETTER FROM AMBASSADOR PROSPER TO
MP REGARDING DETENTION OF BY U.S.
AUTHORITIES
REF: (A)STATE 164174, (B)HERNANDEZ-SKINNER E-MAIL 6/16/03
1.
(U) THIS IS AN ACTION MESSAGE. PLEASE DISREGARD INSTRUCTIONS IN REF A. INSTEAD, PLEASE DELIVER THE LETTER AT PARA 3 TO B7(A), B7(C)
2.
(SBU) BACKGROUND: ON MAY 23, 2003,
MP, WROTE TO THE SECRETARY INQUIRING ABOUT THE HEALTH AND
WELL-BEING OF TWO BRITISH CITIZENS,
BOTH OF WHOM HE CLAIMS ARE IN U.S. B6, B7(A), B7(C) CONTROL AT GUANTANAMO BAY, CUBA.IOI ALSO QUESTIONS THE UNDERLYING BASIS FOR THEIR DETENTION, AND THE FACT THAT THEY HAVE BEEN DETAINED WITHOUT CHARGES OR BENEFIT OF LEGAL COUNSEL OR CONSULAR ADVICE. AMBASSADOR-AT-LARGE FOR WAR-CRIMES ISSUES PIERRE PROSPER HAS REPLIED ON BEHALF OF
Current Class: UNCLASSIFIED Page: 1
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: ARCHIE M BOLSTER
UNCLASSIFIED
DATE/CASE ID: 04 NOV 2004 200303827
DOS-002725
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THE SECRETARY. NO SIGNED ORIGINAL WILL FOLLOW. END
BACKGROUND.
3. (U) BEGIN TEXT OF LETTER:
DEAR O B6, B7(A), B7(C)
SECRETARY POWELL HAS ASKED ME TO RESPOND ON HIS BEHALF
TO YOUR LETTER OF MAY 23, IN WHICH YOU EXPRESSED CONCERN
REGARDING
DESPITE HAVING FADED SOMEWHAT FROM THE FRONT PAGES, THE
UNITED STATES AND ITS COALITION PARTNERS ARE STILL
FIGHTING A WAR AGAINST THE AL QAIDA NETWORK AND REMNANTS
OF THE TALIBAN WHO CONTINUE TO SUPPORT THEM. THE AL QAIDA
NETWORK TODAY IS A MULTINATIONAL ENTERPRISE THAT MAINTAINS
OPERATIONS IN MORE THAN 60 COUNTRIES. THE U.S. AND ITS
PARTNERS ARE ENGAGED IN OPERATIONS IN AFGHANISTAN AND
AROUND THE WORLD IN ORDER TO COUNTER THOSE WHO WOULD PLAN
AND CONDUCT ATTACKS AGAINST US. IN THIS CONTEXT,
OPERATIONAL•AND SECURITY CONCERNS DO•NOT ALLOW ME TO
CONFIRM OR COMMENT ON THE CIRCUMSTANCES OF CAPTURE,
TRANSFER OR DETENTION OF SPECIFIC INDIVIDUALS BELIEVED TO
BE HELD AS ENEMY COMBATANTS IN THE COURSE OF THIS
CONFLICT.
I ASSURE YOU THAT DESPITE THEIR LACK OF STATUS AS POWS
UNDER THE THIRD GENEVA CONVENTION OF 1949, AL QAIDA AND
TALIBAN DETAINEES WHO ARE DETAINED AS ENEMY COMBATANTS BY
THE UNITED STATES ARMED FORCES ARE TREATED CONSISTENT WITH
AMERICAN VALUES AND THE PRINCIPLES OF THE INTERNATIONAL
LAW OF ARMED CONFLICT. AS PRESIDENT BUSH HAS STATED, THE
UNITED STATES ARMED FORCES WILL TREAT ENEMY COMBATANTS
HUMANELY AND IN A MANNER CONSISTENT WITH THE PRINCIPLES OF
THE THIRD GENEVA CONVENTION OF 1949.
THE AUTHORITY TO DETAIN ENEMY COMBATANTS FOR THE
DURATION OF HOSTILITIES EXISTS IN LAW INDEPENDENT OF THE
CIVIL JUDICIAL OR CRIMINAL JUSTICE SYSTEM. IN THIS WAR,
AS IN EVERY WAR, ENEMY COMBATANTS HAVE NO LEGAL RIGHT TO
COUNSEL OR ACCESS TO COURTS FOR THE PURPOSE OF CHALLENGING
THEIR DETENTION WHILE HOSTILITIES ARE ONGOING. WHILE SOME
ENEMY COMBATANTS MAY FACE CRIMINAL PROSECUTION BEFORE THE
END OF HOSTILITIES, NATIONS AT WAR TRADITIONALLY HAVE
WAITED UNTIL HOSTILITIES CEASE TO BRING SUCH CHARGES. IF
AND WHEN AN ENEMY COMBATANT IS CHARGED WITH A CRIME, HE
WOULD THEN BE ENTITLED TO LEGAL COUNSEL AND WOULD RECEIVE
A FAIR TRIAL.
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REGARDING YOUR PROPOSAL OF A BRITISH PARLIAMENTARY VISIT TO GUANTANAMO, UNFORTUNATELY THIS WILL NOT BE
POSSIBLE. THE UNITED STATES MILITARY AUTHORITIES ONLY PERMIT VISITS BY FOREIGN GOVERNMENT OFFICIALS THAT ARE ESSENTIAL TO LAW ENFORCEMENT OBJECTIVES OR INTELLIGENCE GATHERING.
I HOPE YOU FIND THIS INFORMATION USEFUL.
SINCERELY,
PIERRE PROSPER AMBASSADOR-AT-LARGE FOR WAR CRIMES ISSUES
END TEXT POWELL
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