State Department cable concerning the Parliamentary Assembly of the Council of Europe considering a Resolution calling the U.S. to task for holding persons in custody in Afghanistan and at Guantanamo Bay without the formal procedures normally afforded under the Geneva Conventions. The Resolution contends the Guantanamo detainees are prisoners of war and should be allowed trial. The resolution further requests that detention facilities conform to recognized international legal standards and that the International Committee for the Red Cross (ICRC) be given access to the sites.
.skft
UNCLASSIFIED
Current Class: UNCLASSIFIED Page: 1
Current Handling: n/a
Document Number: 2003STRASB00073 Channel: n/a
RELEASED IN FULL
ACTION SWCI-00
INFO LOG-00CAID-00 AMAD-00 A-00 ACQ-00C
NP-00CCA-01
CCO-00CCIAE-00 COME-00 CTME-00 DOEE-00
CG-00CINL-00C
DOTE-00 SRPP-00 DS-00CEUR-00
EB-00CFAAE-00 FBIE-00
UTED-00 VC-00CLAB-01
TEDE-00 INR-00CINSE-00 10-00C
L-00C-AC-01CNSAE-00 NSCE-00
VCE-00 M-00CNRCE700
OCS-03COMB-01COPIC-01 PA-00CPER-00
OIC-02CDHS-00C
PM-00CACE-00CSCT-00 SP-00CSSO-00
PRS-00CP-00C
SS-00CTEST-00 TRSE-00 USIE-00
STR-00CUSSS-00 ASDS-00
PMB-00CDSCC-00 PRM-00CDRL-01CSAS-00C
G-00 /011W
C6E4537 021528Z /38
P 021710Z JUN 03
FM AMCONSUL STRASBOURG
TO SECSTATE WASHDC PRIORITY 2005
INFO AMEMBASSY PARIS
USEU BRUSSELS
USMISSION USUN NEW YORK
USDOJ WASHDC
SECDEF WASHDC
USCINCEUR VAIHINGEN
USMISSION GENEVA
UNCLAS STRASBOURG 0073
DEPARTMENT FOR: S/WCI, EUR/ERA, EUR/RPM
DOJ FOR OIA K. HARRIS
E.O. 12958: N/A
TAGS: PHUM, PTER, PGOV, KJUS, MARR, COE
SUBJECT: THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE TO
CONSIDER A DRAFT RESOLUTION ON GUATANAMAMO BAY PRISONERS
REF: 02 STRASBOURG 109
1.C
SUMMARY: THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE
(PACE) WILL CONSIDER A DRAFT RESOLUTION LATER THIS MONTH CALLING THE U.S. TO TASK FOR PERSONS HELD IN CUSTODY IN AFGHANISTAN» AND AT GUANTANAMO BAY. THE U.S. HAS PERMANENT OBSERVER STATUS TO, AND IS EXPECTED TO SHARE THE HUMAN RIGHTS VALUES OF, THE COUNCIL OF EUROPE (COE). THE RESOLUTION CONTENDS THE GTMO «MENUMES» ARE PRISONERS OF WAR AND SHOULD BE ALLOWED TRIAL. THE DRAFT RESOLUTION FURTHER REQUESTS THAT DETENTION FACILITIES CONFORM TO RECOGNIZED INTERNATIONAL LEGAL STANDARDS AND THAT THE ICRC BE GIVEN ACCESS TO THE SITES. THE PACE RESOLUTION, IF PASSED, WILL CARRY LITTLE LEGAL WEIGHT. END SUMMARY
Current Class: UNCLASSIFIED Page: 1
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD
UNCLASSIFIED0DOS-002345
DATE/CASE ID: 19 OCT 2004 200303827
-.
UNCLASSIFIED
Current Class: UNCLASSIFIED Page: 2
Current Handling: n/a
Document Number: 2003STRASB00073 Channel: n/a
PACE WILL MEET IN PLENARY SESSION JUNE 23-27. IT WILL DEBATE AND VOTE ON A DRAFT RESOLUTION ON THE RIGHTS OF PERSONS HELD IN THE CUSTODY OF THE «UNITED» «STATES» IN «AFGHANISTAN» AND GU» BAY. DRAFTED BY THE COMMITTEE ON LEGAL AFFAIRS AND HUMAN RIGHTS, THIS RESOLUTION ASSERTS THE FOLLOWING:
2.C
•
THE DETENTION OF CHILDREN BETWEEN 13 AND 15 YEARS OF AGE
IS A BREACH OF THE UN CONVENTION ON THE RIGHTS OF CHILD;
•
THE UNDEFINED STATUS OF PRISONERS MAKES THEIR DETENTION
UNLAWFUL;
•
THE U.S. IS IN BREACH OF INTERNATIONAL LAW BY NOT
INFORMING PRISONERS OF THEIR RIGHT TO CONSULAR
REPRESENTATION AND LEGAL COUNCIL.
3.CRESOLUTION URGES THE U.S. TO:
.
THE DRAFT
•
BRING CONDITIONS OF DETENTION INTO CONFORMITY WITH
INTERNATIONAL STANDARDS;
•
RECOGNIZE THAT UNDER ARTICLE 4 OF THE THIRD GENEVA
CONVENTION THAT MEMBERS OF MILITIAS OR VOLUNTEER CORPS IN
AN INTERNATIONAL CONFLICT ARE ENTITLED TO BE GRANTED
PRISONER OF WAR STATUS;
•
IMMEDIATELY RELEASE NON-COMBATANTS WHO ARE NOT CHARGED
WITH CRIMES.
4.C
THE ASSEMBLY URGES IN ITS DRAFT RESOLUTION THAT MEMBER STATES
OF THE COUNCIL OF EUROPE:
•
ASSIST THE PRISONERS BY ALL LEGAL AND DIPLOMATIC MEANS ,
POSSIBLE (I.E., DISPATCH REPRESENTATIVES, ACCOMPANIED BY
COMPETENT LAWYERS, TO QUESTION CERTAIN OF THEIR NATIONALS
ON THE SPOT; CALL ON THE U.S. NOT TO EXTRADITE PRISONERS
TO COUNTRIES WHERE THERE IS A CLEAR RISK OF INHUMANE
«MEMUMUMI75.; AND REQUEST THE EXTRADITION OF PRISONERS
FACING THE DEATH PENALTY);
•
HAVE ALL COMPETENT JURISDICTIONS COMMIT THEMSELVES NOT TO
REQUEST THE DEATH PENALTY.
5.
THE DRAFT RESOLUTION STATES THAT IN THE EVENT THE U.S. DOES NOT
TAKE REMEDIAL ACTION BEFORE THE NEXT ASSEMBLY'S PLENARY SESSION
IN SEPTEMBER, OR AMELIORATES CONDITIONS OF DETENTION, THE PACE
RESERVES THE RIGHT TO ISSUE APPROPRIATE RECOMMENDATIONS TO THE
INTERGOVERNMENTAL COMMITTEE OF MINISTERS OF THE COUNCIL OF
EUROPE.
6.
COMMENT: THE DRAFT RESOLUTION WILL LIKELY PASS; HOWEVER,
UNLESS AMENDED OTHERWISE, THE RESOLUTION WILL NOT REQUIRE
FOLLOW-UP ACTION BY THE COE'S COMMITTEE OF MINISTERS. PRIOR TO
A DEBATE AT THE ICC IN SEPTEMBER 2002, THE PACE INVITED
AMBASSADOR-AT-LARGE PIERRE PROSPER TO APPEAR (REFTEL). A
SIMILAR INVITATION COULD BE SENT BY THE PACE FOR THE DEBATE ON
GUANTANAMO.
Current Class: UNCLASSIFIEDC Page: 2
UNCLASSIFIED
DOS-002346
• • ,0 UNCLASSIFIED Current Class: UNCLASSIFIEDCCurrent Handling: n/a Document Number: 2003STRASB00073C Page: 3 Channel: n/a
DAVIS
NNNN
Current Class: UNCLASSIFIEDC Page: 3
DOS-002347
UNCLASSIFIED