DOS Cable re: Response to UK Inquiry on British Citizen Detained at Guantanamo Bay

State Department cable regarding an inquiry by UK Member of parliament Davies concerning a British citizen being held at Guantanamo Bay. The response is that all the detainees are being held in humane conditions; the ICRC has access and visits witht he detainees; and that the U.S. is still gathering information from the detainees in the effort to defeat the activities of international terrorists.

Doc_type: 
Cable
Doc_date: 
Thursday, June 27, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

Current Class: UNCLASSIFIED Page: 1

UNCLASSIFIED
--Cilrrenb Hanaling: SBU
Document Number: 2002STATE125112 Channel: n/a

UNCLASSIFIED PTQ8239

RELEASED IN PART
PAGE 01 STATE

125112 272305Z

B6, B7(A), B7(C)
ORIGIN SWCI-00

INFO LOG-00 NP-00 AMAD-00 A-00 CA-01

AID-00 ACQ-00
CCO-00 CIAE-00 COME-00 CTME-00 INL-00

CG-00 DODE-00
DOEE-00 DOTE-00 SRPP-00 DS-00 EUR-00

EB-00 FAAE-00
FBIE-00 UTED-00 VC-00 INSE-00

H-01 ' TEDE-00 INR-00
JUSE-00 L-00 M-00 NRCE-00 NSAE-00

VCE-00 AC-01
NSCE-00 OCS-03 OMB-01 PA-00 PM-00

PER-00 PRS-00
ACE-00 SCT-00 IRM-00 SS-00

P-00 SP-00 SSD-00
TEST-00 TRSE-00 T-00

USIE-00 USSS-00 ASDS-01 PMB-00
DSCC-00 PRM-00 G-00 /O1OR

DRL-02 SAS-00

125112
SOURCE: •

KODAKD.027053
DRAFTED BY: S/WCI:BBLASCHKE:BB -- 06/27/02 (202) 647-5072
APPROVED BY: S/WCI:PPROSPER
L/NESA:JADOLAN EUR/UBI:CHERNANDEZ S/CT:DSCOTT
DOD/OSD:CBECK

DOJ/OSG:GGARRE DOJ/ODAG:MINCONTRO
DOD/OGC:EDAVIDSON
DESIRED DISTRIBUTION:
S/WCI, L/NESA, EUR/UBI, S/CT

C394F9 272306Z /38
P 272303Z JUN 02

.

FM SECSTATE WASHDC
TO AMEMBASSY LONDON PRIORITY

UNCLAS STATE 125112

. SENSITIVE BUT UNCLASSIFIED

E.O. 12958: N/A
UNCLASSIFIED

PAGE 02 STATE

125112 272305Z
TAGS: PREL, PIER, KAWC, KJUS, UK
SUBJECT: RESPONSE TO INQUIRIES ON GUANTANAMO DETAINEES

(B) LEADER-CWG-PM E-MAIL 6/21

REF: (A) LONDON 412

1. (U) IN RESPONSE TO REF A INQUIRY FROM MP DAVIES
REGARDING A UK CITIZEN DETAINED IN GUANTANAMO, POST IS
AUTHORIZED TO PROVIDE THE INTERAGENCY CLEARED RESPONSE IN
PARAGRAPH 2. TO RESPOND TO REF B LETTER AND SIMILAR
INQUIRIES FROM LAWYERS REPRESENTING THE FAMILIES OF

Current Class: UNCLASSIFIED Page: 1

UNITED STATES DEPARTMENT OF STATE
DOS-002090
REVIEW AUTHORITY: SHARON E AHMAD
DATE/CASE ID: 10 NOV 2004 200303827 UNCLASSIFIED
Current Class: UNCLASSIFIEQ, Page: 2

UNCLASSIFIED

Current Handling: SBU
Document Number: 2002STATE125112 Channel: n/a

DETAINEES., POST SHOULD USE INTERAGENCY CLEARED LANGUAGE IN
PARAGRAPHS 2 AND 3 AS APPROPRIATE AND RESPONSIVE TO
SPECIFIC POINTS. DEPARTMENT HAS SHARED THESE POINTS
INFORMALLY WITH THE BRITISH EMBASSY. EMBASSY SHOULD ALSO
SHARE RESPONSES TO THESE INQUIRIES WITH APPROPRIATE UK
GOVERNMENT OFFICIALS.

2. (SBU) GUIDANCE FOR RESPONSE
-- WE ARE NOT IN A POSITION TO ADDRESS THE PARTICULAR
CIRCUMSTANCES OF ANY OF THE INDIVIDUALS DETAINED AT
GUANTANAMO BAY.

--INDIVIDUALS DETAINED AT GUANTANAMO ARE ENEMY COMBATANTS
CAPTURED IN CONNECTION WITH AN ON-GOING ARMED CONFLICT AND ARE
HELD IN THAT CAPACITY UNDER THE CONTROL OF US MILITARY
AUTHORITIES.

--ENEMY COMBATANTS POSE A SERIOUS THREAT TO THE UNITED STATES,
AND ITS COALITION PARTNERS.

-- THEY ARE BEING HELD IN ACCORDANCE WITH THE LAWS AND
UNCLASSIFIED

PAGE 03 STATE 125112 272305Z
CUSTOMS OF WAR, WHICH PERMIT THE UNITED STATES TO HOLD
ENEMY COMBATANTS AT LEAST FOR THE DURATION OF HOSTILITIES.

--THE UNITED STATES IS TREATING THESE INDIVIDUALS HUMANELY AND
IN A MANNER CONSISTENT WITH THE PRINCIPLES OF THE THIRD
GENEVA CONVENTION OF 1949. REPRESENTATIVES OF THE INTERNATIONAL
COMMITTEE FOR THE RED CROSS ARE AT GUANTANAMO BAY AND MEET WITH
DETAINEES INDIVIDUALLY AND PRIVATELY.

-- UNDER INTERNATIONAL HUMANITARIAN LAW, CAPTURED ENEMY
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 FUNDAMENTAL
PROCEDURAL. SAFEGUARDS. TO DATE, NO DETAINEE AT GUANTANAMO HAS
BEEN CHARGED WITH ANY PARTICULAR CRIME.

-- THE UNITED STATES MAINTAINS THAT ACCESS TO COUNSEL BY ENEMY
COMBATANTS WOULD DIRECTLY INTERFERE WITH THE ONGOING EFFORTS OF
THE UNITED STATES TO GATHER AND EVALUATE INTELLIGENCE ABOUT THE
ENEMY, ITS ASSETS, AND ITS PLANS. SUCH INTELLIGENCE IS CRITICAL
TO THE CONDUCT OF THE WAR EFFORT, TO THE PROTECTION OF AMERICAN
AND COALITION LIVES AND INTERESTS IN THAT EFFORT, AND THE
PREVENTION OF FURTHER ATTACKS AGAINST THE UNITED STATES AND ITS
COALITION PARTNERS. THIS IS OUR LEGAL POSITION IN JUDICIAL
PROCEEDINGS WHENEVER THE ISSUE IS RAISED.

Current Class: UNCLASSIFIED Page: 2

DOS-002092

UNCLASSIFIED•
Current Class: UNCLASSIFIED Page: 3
Current'andling: SBU UNCLASSIFIED
bocument Number: 2002STATE125112 Channel: nja

3. C(SBU) IN RESPONSE TO CONCERNS IN THE LETTER FROM ATTORNEY
(REF B) ON BEHALF OF THE rAMILY

I
REGARDING THE DELIVERY OF MAIL, POST SHOULD INCLUDE IN ITS

B6, B7(A), B7(C)
RESPONSE THE FOLLOWING INTERAGENCY CLEARED GUIDANCE ON THAT
POINT:
UNCLASSIFIED

, PAGE 04 STATE 125112 272305Z

-- INDIVIDUALS DETAINED AT GUANTANAMO ARE ALLOWED TO RECEIVE AND
SEND PERSONAL MAIL, SUBJECT TO SCREENING FOR SECURITY AND
OPERATIONAL PURPOSES. NOT ALL DETAINEES, HOWEVER, HAVE BEEN
SENT MAIL, AND NOT ALL ELECT TO WRITE LETTERS HOME. FOR
OPERATIONAL REASONS, WE ARE NOT IN A POSITION TO PROVIDE
INFORMATION CONCERNING THE EXTENT TO WHICH SPECIFIC PIECES. OF
MAIL HAVE GOTTEN OR WILL GET THROUGH TO A PARTICULAR DETAINEE.
POWELL

UNCLASSIFIED

« END OF DOCUMENT »
Current Class: UNCLASSIFIED Page: 3

DOS-002093
UNCLASSIFIED

Doc_nid: 
6531
Doc_type_num: 
68