DOS Cable re: State Department Response to Attorney Representing Guantanamo Detainee

State Department cable providing a letter to be delivered to attorneys representing family members of certain persons being held at Guantanamo as Enemy Combatants. The letter states that the U.S. is not providing specific information on individual detainees, but that all detainees are being held in accordance with the laws and customs of war and under humane conditions consistent with the Geneva Conventions, although they are not considered Prisoners of War (POWs). The men are being fed culturally appropriate meals; they have the right to worship; and are visited regularly by the International Committee for the Red Cross (ICRC).

Doc_type: 
Cable
Doc_date: 
Tuesday, August 19, 2003
Doc_rel_date: 
Wednesday, December 22, 2004
Doc_text: 

-Zuirent Class: UNCLASSIFIED Current Handling: n/a Document Number: 2003STATE240049 UNCLASSIFIED Page: Channel: n/a 1
RELEASED I N PART
ORIGIN EUR-00 B7(A), B7(C)

INFO LOG-00NCA-01NDODE-00

NP-00NCIAE-00 CTME-00 INL-00N
DS-00NFBIE-00 UTED-00 VC-00N

MEDE-00 EAP-00NTEDE-OO
INR-00NVCE-00NNSAE-00 OCS-01 •DHS-00

L-00NDCP-01N
EPAU-00 PA-00NP-00NIRM-00

TFBI-00 PER-00NSCT-00N
SSO-00NTEST-00 ASDS-00 EPAE-O0 DSCC-00 LBA-00

SS-00N
PRM-00. G-00NSWCI-00N

DRL-00NSAS-00N/003R

240049
SOURCE: CBLEXCLS.002982
DRAFTED BY: 08/19/2003 202-647-4361

B7(A), B7(C)
APPROVED BY

L/PM:JDOLAN
S/WCI :RMILLER
DOD/OSD: ASTACK
DOD/PA: LBORMAN
S/CT: MNORMAN
D:HPITTMAN
P:TWASIR
DESIRED DISTRIBUTION:

J
9569EE 191644Z /38
O 191640Z AUG 03
FM SECSTATE WASHDC
TO AMEMBASSY IMMEDIATE

UNCLAS STATE 240049

SENSITIVE

E.O. 12958: N/A
TAGS: CJAN, PHUM, PREL, PTER, I I
SUBJECT: SUGGESTED TEXT FOR RESPONSE TO HEAD OF

REF:

SENSITIVE BUT UNCLASSIFIED, PLEASE HANDLE ACCORDINGLY.

1. REF A REQUESTED DEPARTMENT GUIDANCE FOR A RESPONSE TO THE
MOSTN

RECENT LETTER FROMN
PURPORTING TO REPRESENT'N'CITIZENS
DETAINED AT GUANTANAMO BAY. DEPARTMENT RECOMMENDS THAT

Current Class: UNCLASSIFIED Page:

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: ARCHIE M BOLSTER DATE/CASE ID: 04 NOV 2004 200303827
UNCLASSIFIED
DOS-002728

UNCLASSIFIED

-Cu'irent Class: UNCLASSIFIED Page: 2
Current Handling: n/a
Document Number: 2003STATE240049 Channel: n/a
AMBASSADORNREPLY ALONG THE FOLLOWING LINES:

I AM RESPONDING TO YOUR LETTERS OF (DATES) ON
BEHALF OF FAMILY MEMBERS OF CERTAIN I NATIONALS BELIEVED

IN

TO BE HELD AS ENEMY COMBATANTS BY THE UNITED STATES

DEPARTMENT OF DEFENSE AT THE GUANTANAMO BAY NAVAL STATION,

CUBA.

THOSE DETAINED AT GUANTANAMO ARE ENEMY COMBATANTS. THE

DEPARTMENT OF DEFENSE DOES NOT PROVIDE SPECIFIC INFORMATION

ON ENEMY COMBATANTS DETAINED BY U.S. FORCES. THEY ARE BEING

HELD IN ACCORDANCE WITH THE LAWS AND CUSTOMS OF WAR, WHICH

PERMIT THE UNITED STATES TO HOLD ENEMY COMBATANTS AT LEAST

FOR THE DURATION OF HOSTILITIES.

OPERATIONAL AND SECURITY CONCERNS DO NOT ALLOW THE UNITED
STATES TO CONFIRM OR COMMENT ON THE CIRCUMSTANCES OF CAPTURE,
TRANSFER, OR DETENTION OF SPECIFIC INDIVIDUALS WHO ARE HELD
AS ENEMY COMBATANTS IN THE COURSE OF THIS CONFLICT.

CONSISTENT WITH USG POLICY, ALL DETAINED ENEMY COMBATANTS ARE

TREATED HUMANELY AND, TO THE EXTENT APPROPRIATE AND

CONSISTENT WITH MILITARY NECESSITY, IN A MANNER CONSISTENT

WITH THE PRINCIPLES OF THE THIRD GENEVA CONVENTION OF 1949.

AMONG OTHER THINGS, DETAINEES ARE GIVEN: ADEQUATE FOOD,

WATER, SHELTER, CLOTHING, MEDICAL TREATMENT, AND THE FREEDOM

TO PRACTICE THEIR RELIGION.

ENEMY COMBATANTS POSE A SERIOUS THREAT TO THE
UNITED STATES AND ITS COALITION PARTNERS. IT IS IMPORTANT
THAT WE DETAIN ENEMY COMBATANTS TO PREVENT THEM FROM
CONTINUING TO FIGHT AGAINST THE U.S. AND OUR PARTNERS IN THE
WAR ON TERRORISM.

REPRESENTATIVES OF THE INTERNATIONAL COMMITTEE OF
THE RED CROSS ARE ABLE TO VISIT ENEMY COMBATANTS AT
GUANTANAMO ON A REGULAR BASIS. FOREIGN GOVERNMENT OFFICIALS
ARE PERMITTED TO VISIT THEIR NATIONALS FOR SPECIFIC LAW
ENFORCEMENT OR INTELLIGENCE PURPOSES. CONSULAR, FAMILY, AND
ATTORNEY VISITS TO DETAINED ENEMY COMBATANTS ARE NOT
PERMITTED. YOU MAY WISH TO CONTACT THE APPROPRIATE FRENCH
GOVERNMENT OFFICIALS FOR FURTHER INFORMATION.

AS IN EVERY WAR, UNDER THE LAWS AND CUSTOMS OF
WAR, 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 ENEMY COMBATANT DETAINED AT GUANTANAMO HAS BEEN

Current Class: UNCLASSIFIEDN Page: 2

UNCLASSIFIED DOS-002729

UNCLASSIFIED

" Current Class: UNCLASSIFIED Page: 3
Current Handling: n/a
Document Number: 2003STATE240049 Channel: n/a

CHARGED WITH A CRIME.

(CUSTOMARY CLOSING)
POWELL

NNNN

Current Class: UNCLASSIFIEDN Page: 3

UNCLASSIFIED DOS-002730

Doc_nid: 
6693
Doc_type_num: 
68