DOS Cable re: Questions Submitted by the Lawyers Representing Detainees Being Held at Guantanamo

State Department cable draft response to questions submitted by an attorney for a detainee held at Guantanamo. This cable contains talking points to address the status of these citizens being held at Guantanamo. The cable goes on to state; 1) The U.S. government cannot address specific questions about specific detainees at this time; 2) all detainees are being treated humanely and in accordance with the Geneva Conventions; and 3) all detainees are being give appropriate food, adequate toiletry items and access to health and sanitary facilities. Detainees will be sent home at the end of the hostilities.

Doc_type: 
Cable
Doc_date: 
Thursday, October 17, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 


UNCLASSIFIED
Current Class: CONFIDENTIAL Page: 1
Current Handling: NODIS
Document Number: 2002STATE204847 Channel: n/a

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PTQ1628

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ORIGIN NODS-00

INFO LOG-00 /000R

CCOE-00 SAS-00

RELEASED IN PART
204847

SOURCE: DISKETTE.023497 Bl, 1.4(B), 1.4(D), B6, B7(A) 5 B7(C), B3, CIA
DRAFTED BY: S/WCI:RMILLER -- 10/17/02 (202) 647-5093
APPROVED BY:

B1, B7(A), B7(C)
DOD/OGC:EDAVIDSON DOD/SOLIC:RHYAMS DOJ:MINCONTRO
PM:SPETERS L/NESA:JDOLAN P:AGORDON NSC/LEGAL:JSCHARFEN
S/CT:DSCOTT CIA/CTC4 B3

IS /ES-O:MSCHELAND
DESIRED DISTRIBUTION:
S/WCI, L, P, S/CT, INR, EUR

F9887E 172208Z /38
O 172201Z OCT 02 ZFF6
FM SECSTATE WASHDC

TO AMEMBASSYI (IMMEDIATE ri Bl, B7(A), B7(C) INFO JOINT STAFF WASHDC IMMEDIATE 6772 USSOUTHCOM MIAMI FL IMMEDIATE USCENTCOM MACDILL AFB FL IMMEDIATE
CONFIDENTIALSTATE 204847

NODIS DECAPTIONED
MILITARY HANDLE AS SPECAT EXCLUSIVE

E.O. 12958: DECL: 06/18/12 TAGS: PTER, KAWC, PHUM, PINR, IDI B1, B7(A), B7(C) SUBJECT: QUESTIONS POSED BY COUNSEL OF. DETAINEE ON
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PAGE 02 STATE

204847 172207Z BEHALF OF IDI B1, B7(A), B7(C)
REF: STATE 20095

CLASSIFIED BY S/WCI, AMBASSADOR PIERRE-RICHARD PROSPER FOR
REASONS 1.5(B) AND (D)

1. (U) THIS IS AN ACTION MESSAGE, SEE PARA. 3.

B1, B7(A), B7(C)

2. (C) I ( RECENTLY' SUBMITTED A SERIES OF QUESTIONS RAISED
BY THE LAWYERS REPRESENTING A DETAINEE, 1---1
THE PROPOSED MESSAGE TEXT IN PARAGRAPH 3 ATTEMPTS B1,B6,B7(A),B7(C)
TO RESPOND TO MANY OF THESE QUESTIONS. PLEASE DELIVER THE

Current Class: CONFIDENTIAL Page: 1

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD DATE/CASE ID: 08 DEC 2004 200303827 DOS-002110
UNCLASSIFIED
UNCLASSIFIED r
Current Class: CONFIDENTIAL Page: 2
Current Handling: NODIS -
Document Number: 2002STATE204847 Channel: n/a
DRAFT RESPONSE BELOW. NO SIGNED ORIGINAL WILL FOLLOW.

3. (SBU/REL) MESSAGE TEXT:

THE DEPARTMENT OF STATE ACKNOWLEDGES RECEIPT OF A NOTE DATED SEPTEMBER 12, 2002 FROM THEI ITRANSMITTING B7(A), B7(C) QUESTIONS ON BEHALF OF AN ATTORNEY,I CONCERNING AN INDIVIDUAL.SAID TO BE DETAINED BY UNITED B6, B7(A), B7(C) STATES FORCES IN GUANTANAMO BAY. FOR OPERATIONAL AND SECURITY REASONS, THE DEPARTMENT OF STATE IS NOT IN A POSITION TO RESPOND TO INQUIRIES OF THIS NATURE CONCERNING THE SPECIFIC CIRCUMSTANCES PERTAINING TO THE DETENTION OF ANY PARTICULAR INDIVIDUAL DETAINED AT GUANTANAMO BAY.
I.,
AS A GENERAL MATTER, IIAY ADVISELMR.

!THAT INDIVIDUALS DETAINED UNDER THE CONTROL OF UNITED B7(A), B7(C) STATES MILITARY AUTHORITIES AT GUANTANAMO BAY ARE ENEMY COMBATANTS CAPTURED WHILE ENGAGED IN ONGOING HOSTILITIES OR
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PAGE 03 STATE 204847 172207Z

DIRECTLY SUPPORTING HOSTILE FORCES. ENEMY COMBATANTS POSE A

SERIOUS THREAT TO THE UNITED STATES, NATO NATIONS, AND

COALITION PARTNERS. THEY ARE BEING HELD IN ACCORDANCE WITH

THE LAWS AND CUSTOMS OF WAR, WHICH PERMIT THE UNITED STATES

TO CAPTURE AND DETAIN ENEMY COMBATANTS TO PREVENT THEIR RE-

ENGAGING IN THE ON-GOING ARMED CONFLICT.

AS LONG AS HOSTILITIES CONTINUE, THE UNITED STATES, AS A
MATTER OF MILITARY NECESSITY AND COMMON SENSE, AND

CONSISTENT WITH THE LAWS AND CUSTOMS OF WAR, HAS A RIGHT TO

DETAIN ENEMY COMBATANTS WHO COULD REJOIN THE FIGHT IF

PROVIDED THE OPPORTUNITY. THE UNITED STATES TREATS ALL
ENEMY COMBATANTS HUMANELY AND, IN A MANNER CONSISTENT WITH
THE PRINCIPLES OF THE GENEVA CONVENTIONS OF 1949.

THERE IS NO LAW REQUIRING A DETAINING POWER TO PROSECUTE

ENEMY COMBATANTS OR TO RELEASE THEM PRIOR TO THE END OF
HOSTILITIES. THE AUTHORITY TO DETAIN ENEMY COMBATANTS

EXISTS IN LAW INDEPENDENT OF THE JUDICIAL OR CRIMINAL
JUSTICE SYSTEM. WHILE THE UNITED STATES GOVERNMENT AND ITS
COALITION PARTNERS ARE DOING EVERYTHING THEY CAN TO
DETERMINE WHETHER PARTICULAR COMBATANTS SHOULD BE TRIED FOR
CRIMES IN ACCORDANCE WITH INTERNATIONAL NORMS, THE DECISION
WHETHER, OR WHEN, TO PROSECUTE A COMBATANT HAS NO IMPACT ON
THE UNDERLYING AUTHORITY TO DETAIN THEM DURING THE ARMED
CONFLICT.

LIKEWISE, UNDER THE LAWS AND CUSTOMS OF WAR, CAPTURED ENEMY

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DOS-002111
UNCLASSIFIED
UNCLASSIFIEDCurrent Class: CONFIDENTIAL, Page: 3
durrent Handling: NODIS
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COMBATANTS HAVE NO RIGHT OF ACCESS TO COUNSEL OR THE COURTS
TO CHALLENGE THEIR DETENTION. IF AND WHEN A DETAINEE IS
CHARGED WITH A CRIME, HE WOULD HAVE THE RIGHT TO COUNSEL AND

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PAGE 04 STATE 204847 172207Z
FUNDAMENTAL PROCEDURAL SAFEGUARDS. TO DATE, NO DETAINEE AT
GUANTANAMO HAS BEEN CHARGED WITH ANY PARTICULAR CRIME.

WITH RESPECT TO ACCESS TO DETAINEES AT GUANTANAMO BAY,

REPRESENTATIVES OF THE INTERNATIONAL COMMITTEE FOR THE RED

CROSS INDIVIDUALLY AND PRIVATELY VISIT THE ENEMY COMBATANTS

ON A REGULAR BASIS. SOME DETAINEES HAVE ALSO MET WITH

GOVERNMENT OFFICIALS FROM THEIR COUNTRY OF NATIONALITY. THE

UNITED STATES MAINTAINS THAT ACCESS TO COUNSEL BY ENEMY

COMBATANTS, IN THE ABSENCE OF CRIMINAL CHARGES, WOULD
DIRECTLY INTERFERE WITH THE ONGOING EFFORTS OF THE UNITED

STATES AND ITS COALITION PARTNERS TO GATHER AND EVALUATE

INTELLIGENCE ABOUT THE ENEMY, ITS CAPABILITIES, AND ITS

PLANS. GAINING SUCH INTELLIGENCE IS CRITICAL TO THE WAR
EFFORT AND INSTRUMENTAL IN PREVENTING FURTHER ATTACKS
AGAINST THE UNITED STATES, THE NATO NATIONS AND OUR
COALITION PARTNERS. THIS IS OUR LEGAL POSITION IN JUDICIAL
PROCEEDINGS WHENEVER THE ISSUE IS RAISED.

DEPARTMENT OF STATE,
WASHINGTON, OCTOBER , 2002.
POWELL

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DOS-002112
UNCLASSIFIED

Doc_nid: 
6536
Doc_type_num: 
68