State Department cable forwarding on to Washington a letter received from Louis Joinet, the UN Special Rapporteur of Working Group on Arbitrary Detention concerning the deprivation of liberty at Guantanamo, and requesting information on the individuals detained without charge.
UNCLASSIFIED
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RELEASED IN PART
«›.» B6, B7(A), B7(C)
PTQ1179
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PAGE 01 GENEVA 00222 220931Z
ACTION 10-00
AF-00 AMAD-00 CIAE-00 DODE-00 DOTE-00
WHA-00 EB-00 FAAE-00 UTED-00
INFO LOG-00 AID-00
SRPP-00 EAP-00 EUR-00
H-01 L-00 NSAE-00 NSCE-00
TEDE-00 INR-00 NEA-00
OIC-02 OPIC-01 PRS-00 P-00 SS-00
SP-00 STR-O0
TEST-00 TRSE-00 USIE-00 SA-00 DRL-02
PRM-00 G-00
SAS-00
/006W
297B49 220933Z /38
R 220917Z JAN 03
FM USMISSION GENEVA
TO SECSTATE WASHDC 2136
INFO USMISSION USUN NEW YORK
UNCLAS GENEVA 000222
FOR IO/SHA AND L/HRR
E.O. 12958: N/A
TAGS: PHUM, UNHRC-1, US
SUBJECT: ARBITRARY DETENTION INQUIRY
1.
MISSION HAS RECEIVED A LETTER FROM LOUIS JOINET,
CHAIRMAN/RAPPORTEUR (C/R) OF THE WORKING GROUP ON ARBITRARY
DETENTION, DATED JANUARY 8, 2003, IN REFERENCE TO FOUR
COMMUNICATIONS ALLEGING ARBITRARY DETENTION AND DEPRIVATION
OF LIBERTY IN GUANTANAMO, CUBA, U.S.• MILITARY FACILITY.
2.
SUMMARY OF ALLEGATIONS CONTAINED IN CR JOINET'S LETTER:
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PAGE 02 GENEVA 00222 220931Z
A) IWAS CAPTURED
(
B6, B7(A), B7(C)
BY U.S. FORCES AT THE AFGHANISTAN/PAKISTAN'BORDER DURING THE U.S.-LED INTERVENTION AGAINST THE TALIBAN REGIME AND MOVED TO GUANTANAMO IN JANUARY 2002. HE HAS SINCE BEEN HELD WITHOUT CHARGE, HAS NOT BEEN ABLE TO CONSULT LEGAL COUNSEL, AND HAS NOT BEEN ARRAIGNED BEFORE A JUDGE IN A COMPETENT COURT. EXCEPT FOR VISITS BY THE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) AND LETTERS TO FAMILY VIA THE ICRC, HE HAS NOT
BEEN ALLOWED ANY OUTSIDE COMMUNICATION;
B) WAS CAPTURED BY U.S.
Current Class: UNCLASSIFIED Page: 1
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: ARCHIE M BOLSTER DATE/CASE ID: 17 NOV 2004 200303827 UNCLASSIFIED DOS-002616
-Current Class: UNCLASSIFIED UNCLASSIFIED Page: 2
Current Handling: n/a
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FORCES IN AFGHANISTAN AND MOVED TO GUANTANAMO IN THE FALL OF
2001 DURING THE U.S.-LED INTERVENTION AGAINST THE TALIBAN
REGIME. HE HAS SINCE BEEN HELD WITHOUT CHARGE AND HAS NOT
BEEN ABLE TO CONSULT LEGAL COUNSEL AND HAS NOT BEEN ARRAIGNED
BEFORE A JUDGE IN A COMPETENT COURT. EXCEPT FOR VISITS BY
THE ICRC AND LETTERS TO FAMILY VIA THE ICRC, HE HAS NOT BEEN
ALLOWED ANY OUTSIDE COMMUNICATION;
C) !WAS ARRESTED
BY PAKISTANI POLICE OR MILITARY FORCES IN PAKISTAN IN THE
FALL OF 2001 DURING THE U.S.-LED INTERVENTION AGAINST THE
TALIBAN REGIME IN AFGHANISTAN. HE WAS HANDED OVER TO U.S.
FORCES AND THEN TRANSFERRED TO GUANTANAMO. HE HAS BEEN HELD
WITHOUT CHARGE, HAS NOT BEEN ABLE TO CONSULT LEGAL COUNSEL
AND HAS NOT BEEN ARRAIGNED BEFORE A JUDGE IN A COMPETENT
COURT. EXCEPT FOR VISITS BY THE ICRC AND LETTERS TO FAMILY
VIA THE ICRC, HE HAS NOT BEEN ALLOWED ANY OUTSIDE
COMMUNICATION; AND
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PAGE 03 GENEVA 00222 220931Z
D) I I WAS
ARRESTED IN PAKISTAN IN THE FALL OF 2001 DURING THE U.S.-LED
INTERVENTION AGAINST THE TALIBAN REGIME. HE WAS HANDED OVER
TO U.S. FORCES AND MOVED TO GUANTANAMO IN JANUARY 2002. HE
HAS SINCE BEEN HELD WITHOUT CHARGE, HAS NOT BEEN ABLE TO
CONSULT LEGAL COUNSEL AND HAS NOT BEEN ARRAIGNED BEFORE A
JUDGE IN A COMPETENT COURT. EXCEPT FOR VISITS BY THE ICRC
• AND LETTERS TO FAMILY VIA THE ICRC, HE HAS NOT BEEN ALLOWED
ANY OUTSIDE COMMUNICATION.
3.
C/R JOINET STATES THE SOURCE OF EACH ALLEGATION "BELIEVES
THE INTERNATIONAL HUMAN RIGHTS LAW SHOULD BE APPLIED GIVEN
THAT THE GOVERNMENT HAS DENIED THE STATUS OF PRISONERS OF WAR
AND THE APPLICATION OF THE GENEVA CONVENTIONS TO THE PERSONS
CAPTURED DURING THEIR INTERVENTION AND DETAINED IN
GUANTANAMO." HE FURTHER INDICATES THE SOURCE BELIEVES "THE
DETENTION OF THIS PERSON IS CONTRARY TO HIS RIGHTS AND
FREEDOMS GUARANTEED BY ARTICLES 9 AND 10 OF THE UNIVERSAL
DECLARATION OF HUMAN RIGHTS AND BY ARTICLES 9 AND 14 OF THE
INTERNATIONAL COVENANT OF CIVIL AND POLITICAL RIGHTS, OF
WHICH THE UNITED STATES IS A PARTY."
4.
THE WORKING GROUP (WG) WOULD APPRECIATE RECEIVING
DETAILED INFORMATION ABOUT THE CURRENT SITUATION OF THE
ABOVE-MENTIONED PERSONS AND CLARIFICATIONS ABOUT THE LEGAL
PROVISIONS TO JUSTIFY THEIR CONTINUED DETENTION WITHIN 90
DAYS OF THE SR'S JANUARY 8, 2003, COMMUNICATION. IF AN
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DOS-002617
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EXTENSION TO THE DEADLINE IS REQUIRED, THE WG WOULD
APPRECIATE RECEIVING THE REQUEST TO EXTEND AND THE REASONS
FOR THAT REQUEST WITHIN THE 90-DAY DEADLINE, KEEPING IN MIND
THE DATES OF THE WORKING SESSIONS.
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PAGE 04 GENEVA 00222 220931Z
5. MISSION WILL FAX COPY OF NOTE/COMMUNICATION TO IO/SHA,
ATTENTION THOMAS JOHNSON.
MOLEY
UNCLASSIFIED
« END OF DOCUMENT »
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