State Department cable with a letter from Sec. Powell's response to inquiry regarding the welfare of two men detaineed at Guantanamo Bay. The points Sec. Powell makes concerning the proposed trial of any accused held at Guantanamo are: there is a presumption of innocence of the accused; the accused are not required to testify, and no adverse inference may be drawn from a refusal to testify; the proceedings will be open to the public to the maximum extent possible; the accused my present witnesses and evidence, and cross-examine witnesses and challenge evidence presented against him; and the accused will be represented by counsel.
UNCLASSIFIED
Current Class: UNCLASSIFIED Page: 1
Current Handling: n/a
Document Number: 2003STATE334554 Channel: n/a
RELEASED IN PART B6, B7(A), B7(C)
ORIGIN 00
B6, B7(A), B7(C)
NP-00 DODE-00 DS-00
EAP-00 H-00 TEDE-00 INR-00 VCE-00
INFO LOG-00 CIAE-00 CPR-02 INL-00
UTED-00 VC-00
PM-00 P-00 SP-00 SSC-01
NSAE-00 PA-00 PRS-00
SSO-00 R-00 DSCC-00
TEST-00 USIE-00 PMB-00
SS-00
PRM-00 SWCI-00
SAS-00 /003R
334554
SOURCE:
KODAKA.005054
DRAFTED BY:I (-- 11/20/03 7-2475
APPROVED BY: S:THE SECRETARY
II js /P:MMARCICH S/ES-CR:BHAMBRICK P:RMILES D:KREIDER S/WCI:RMILLER PM/RSAT:TWRAY S/ES:LJTRACY S/ES-0:BGREANEY
CB82D8 050309Z /38
O 050255Z DEC 03
FM SECSTATE WASHDC B7(A), B7(C)
TO AMEMBASSA 'IMMEDIATE
UNCLAS STATE 334554
E.O. 12958: N/A
TAGS: OPDC, PREL,
SUBJECT: LETTER TO 'LETTER FROM SECRETARY POWELL
1.
PLEASE FORWARD THE FOLLOWING MESSAGE FROM SECRETARY
POWELL TO AT THE EARLIEST APPROPRIATE TIME.
THERE WILL BE NO SIGNED ORIGINAL.
2.
BEGIN TEXT:
DEAR MR. MINISTER:
THANK YOU FOR YOUR LETTER CONCERNING TWO
NATIONALS DETAINED AT GUANTANAMO BAY, CUBA.
IS CONSIDERED A THREAT TO THE SECURITY OF THE B6, B7(A), B7(C) UNITED STATES. NO DECISION HAS BEEN MADE WITH RESPECT TO JUDICIAL PROCEEDINGS AGAINST HIM, AND IT WOULD BE PREMATURE TO DISCUSS SPECIFIC TRIAL PROCEDURES OR POSSIBLE SENTENCES WITH UNLESS HE IS DESIGNATED AS SUBJECT TO THE PRESIDENT'S MILITAR,Y ORDER OF NOVEMBER 13, 2001.
HOWEVER, IF AN ENEMY COMBATANT IS DETERMINED TO BE SUBJECT
TO THE PRESIDENT'S ORDER, AND CHARGES ARE REFERRED TO A
MILITARY COMMISSION, THE ACCUSED WOULD HAVE THE FOLLOWING
Current Class: UNCLASSIFIED Page: 1
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: ARCHIE M BOLSTER
UNCLASSIFIED
DATE/CASE ID: 04 NOV 2004 200303827 DOS-002759
UNCLASSIFIED
Cujren Class: UNCLASSIFIED Page: 2
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Document Number: 2003STATE334554 Channel: n/a
PROCEDURAL SAFEGUARDS:
THE PRESUMPTION OF INNOCENCE,
PROOF OF GUILT BEYOND A REASONABLE DOUBT,
THE RIGHT TO CALL AND CROSS EXAMINE WITNESSES (SUBJECT TO
THE RULES REGARDING PRODUCTION OF WITNESSES AND PROTECTION
OF INFORMATION),
NOTHING SAID BY AN ACCUSED TO HIS ATTORNEY, OR ANYTHING
DERIVED THEREFROM, MAY BE USED AGAINST HIM AT TRIAL,
NO ADVERSE INFERENCE FOR REMAINING SILENT,
AND THE OVERALL REQUIREMENT THAT ANY MILITARY COMMISSION
PROCEEDING BE FULL AND FAIR.
FINALLY, TO ASSIST IN PREPARING A DEFENSE, EACH ACCUSED IS
PROVIDED MILITARY DEFENSE COUNSEL AT NO COST. (THE
ACCUSED MAY ALSO HIRE A CIVILIAN DEFENSE COUNSEL, IF
QUALIFIED, AT NO COST TO THE GOVERNMENT.)
ALL ENEMY COMBATANTS DETAINED AT GUANTANAMO BAY ARE
TREATED HUMANELY, AND IN A MANNER CONSISTENT WITH THE
PRINCIPLES OF THE THIRD GENEVA CONVENTION OF 1949.
THE SECOND CUBA. 1NATIONAL YOU MENTIONED IN YOUR LETTER, IS NO LONGER DETAINED AT GUANTANAMO BAY, B6, B7(A), B7(C)
SINCERELY,
COLIN L. POWELL
END TEXT.
POWELL
NNNN
Current Class: UNCLASSIFIED Page: 2
UNCLASSIFIED
DOS-002760