State Department cable advising Washington that the U.S. Ambassador Farish received a Letter dated February 8, 2002 from a law firm representing a detainee held in U.S. custody at Guantanamo. The letter requests access to the detainee, a meeting with the Ambassador, and raises a number of legal issues. The letter states that the family is "Very Disturbed" at not hearing from the detainee, and they worry for his safety and question the legal jurisdiction and standing of the U.S. to hold him as he is being held. The Embassy requests further guidance to respond to this letter and other expected inquiries.
UNCLASSIFIED
:-CrOok, Jonathan M
Heading: London 928 SENSITIVE BUT UNCLASSIFIED IMMEDIATE
SUBJECT: FURTHER REQUESTS FROM UK LAWYERS FOR ACCESS TO DETAINEES RELEASED IN PART
REF: STATE 20660 B6, B7(A), B7(C)
1. (SBU) Summary and Action Request: Ambassador February 8 received a letter from the law firm of representing I Iwho is being detained B6, B7(A), B7(C) in Guantanamo (letter faxed to EUR/UBI). The letter requests access to the detainee, a meeting with the Ambassador, and raises a number of legal issues. We have been told by' I B7(A), B7(C)
that we should expect further similar inquiries from lawyers as well as I representing the home towns of the detainees. While front-page media attention to detainees has slackened, we anticipate these inquiries will generate another round of critical press stories. Embassy requests further Department guidance to respond to this letter and other expected inquiries. End Summary.
B7(A), B7(C)
2. (U) Access — The letter states that the as confirmed that I lis in Guantanamo and has
B6, B7(A), B7(C)
been interrogated by' I but that consular access
B7(A), B7(C)
has been denied. The solicitors request immediate access to
their client for themselves. for?
for an independent medical
expert, and for Ms. r jthe mother of the detained. B6, B7(A), B7(C)
3. (U) Conditions — The lawyers raise questions about the conditions in which I Js being held, the lack of access B6, B7(A), g7(C) by independent persons and medical experts, and whether he will be afforded a fair trial and, if so, in what jurisdiction claim that the tack of any independent access to llapparently constitutes a "grave breach of international law" and that the USG is laying itself open to serious accusations should any harm befall) 'while he is
detained in Guantanamo.
4. (U) Legal Authority — asked for an opinion fro Government has the lawfu au on state they have n whether the U.S. o detai ether B6, B7(A), B7(C)
his status is that of a prisoner of war or a person a ained
on suspicion of a crime, on the conditions of his detention, his treatment, and his right to be brought before a Court or other Tribunal.
5. U) Personal Message — The letter further states that
other has not received any personal message from B6, B7(A), B7(C) him or information on his medical condition or. well being, despite passing a personal message to him through the ICRC. She is said to be "very disturbed" that( rave interrogated I Put no consular access has been allowed.
6. (U) The letter closes by stating that the attorney is
B6, B7(A), B7(C)
sending copies of the letter to
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: WILLIAM E LANDFAIR DATE/CASE ID: 23 NOV 2004 200303827
UNCLASSIFIED
DOS-001443