DOS Cable re: Talking Points for Addressing Questions Concerning Detainees Under U.S. Control: Non-Use of Torture or Other Cruel Punishment

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071656
SOURCE: CBLEXCLS.004625
DRAFTED BY: IO/FO:JBRACKEN -- 03/18/2003 202-647-3901
APPROVED BY: IO/FO:KRHOLMES
IO/SHA:JCPERRY
IO/FO:JSWIGERT

CIA/GC:SMULLER

DOD/GC:EDAVIDSON
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4692FB 182212Z /38
O P 182206Z MAR 03
FM SECSTATE WASHDC
TO USMISSION GENEVA IMMEDIATE
USMISSION USUN NEW YORK IMMEDIATE
INFO

NSC WASHDC PRIORITY 0000
USEU BRUSSELS PRIORITY
USMISSION USNATO PRIORITY

C 0NFIDENTIA7L STATE 071656

E.O. 12958: DECL: 03/17/2008
TAGS: PHUM, AORC
SUBJECT: POINTS RE: NON-USE OF TORTURE OR•OTHER CRUEL
PUNISHMENT

CLASSIFIED BY: IO PDAS J. SWIGERT REASON 1.5 (D)

1.(C) DESPITE U.S. ABHORRENCE OF TORTURE, WE ANTICIPATE
RECEIVING QUESTIONS ABOUT THIS MATTER DURING THE CURRENT
SESSION OF THE COMMISSION ON HUMAN RIGHTS IN GENEVA. U.S.

• REPRESENTATIVES CAN DRAW ON THE TEXT IN PARAGRAPH 2 AS NEEDED

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UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD DOS-002321
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DATE/CASE ID: 17 NOV 2004 200303827
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IN GENEVA OR IN OTHER MULTILATERAL SETTINGS WHEN RESPONDING
TO QUESTIONS ABOUT U.S. POLICIES OR PRACTICES. THESE NOTES
SHOULD NOT BE GIVEN TO NON-USG PERSONS OR LEFT BEHIND AFTER
MEETINGS AT WHICH THE NOTES ARE USED.

2. (SBU) IF-ASKED GUIDANCE.

KEY POINTS ON «DETAINEE» «TREATMENT»

Z THE «UNITED» «STATES» DOES NOT PERMIT, TOLERATE, OR CONDONE
TORTURE. PERIOD. PRESIDENT BUSH REAFFIRMED THIS TO U.N.
'HIGH COMMISSIONER FOR HUMAN RIGHTS SERGIO VIEIRA DE MELLO ON

MARCH 3RD OF THIS YEAR. TORTURE IS A VIOLATION OF U.S. LAW.

ALLEGATIONS OF TORTURE ARE THOROUGHLY INVESTIGATED.

Z THIS FUNDAMENTAL PRINCIPLE REMAINS TRUE DESPITE THE
ATROCITY COMMITTED AGAINST OUR PEOPLE ON SEPTEMBER 11, 2001,

BY THOSE WHO OBSERVED NO INTERNATIONAL LEGAL NORMS, WHO

DISREGARDED THE LAW OF ARMED CONFLICT, AND WHO HAD NO REGARD

FOR THE LIVES OF THOUSANDS OF INNOCENT AMERICANS OR THE
ANGUISH OF THEIR FAMILIES.

Z/IN U.S. CONTROL GET EXCELLENT MEDICAL CARE.

«DETAINEES» SINCE DETENTION OPERATIONS BEGAN WE HAVE TREATED WOUNDS SUSTAINED IN BATTLE AND RELIEVED PAIN AND SUFFERING THAT PRE-DATES DETENTION. ALL «DETAINEES» ARE TREATED CONSISTENT
WITH APPLICABLE «UNITED» «STATES» LAW AND INTERNATIONAL LAW AGAINST TORTURE, DESPITE THE TOTAL DISREGARD FOR ALL OF
THESE, AS WELL AS BASIC STANDARDS OF HUMAN DECENCY, ON THE

PART OF OUR ATTACKERS.

Z THE «UNITED» «STATES» IS STRONGLY COMMITTED TO PROTECTING AND ADVANCING HUMAN RIGHTS. OUR ‹DETArims» POLICY IS NO
EXCEPTION. WE HAVE BEEN A CLEAR AND CONSISTENT OPPONENT OF

TORTURE THROUGHOUT THE WORLD. WE HAVE BEEN VOCAL ON THIS

ISSUE AND UNWAVERING IN OUR EFFORTS TO URGE GOVERNMENTS TO

STOP THE PRACTICE.

Z A NUMBER OF «DETAJNEES» ARE SENIOR AL-QA , IDA OPERATIVES
OR OTHERS COMMITTED TO KILLING AMERICANS AND OTHERS. THEY
HAVE BEEN, AND WILL CONTINUE TO BE, QUESTIONED AGGRESSIVELY

IN ORDER TO PROTECT THE LIVES OF AMERICANS AND OTHERS.
HOWEVER, U.S. GOVERNMENT PERSONNEL ARE NOT PERMITTED TO
TORTURE .c.cmgnmanzws» OR PARTICIPATE IN TORTURE BY OTHERS. THEY

CONDUCT THEMSELVES IN A MANNER THAT COMPLIES WITH APPLICABLE
LAW.

Z FALSE AND IRRESPONSIBLE ALLEGATIONS THAT THE «UNITED» «STATES» IS TORTURING DETAINED ENEMY COMBATANTS TRIVIALIZE THE
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REAL TORTURE, WHETHER OF POLITICAL ENEMIES, MEMBERS OF

DIFFERENT ETHNIC GROUPS, OR THOSE SIMPLY BRAVE ENOUGH TO

SPEAK THEIR MINDS UNDER TOTALITARIAN REGIMES, THAT STILL IS

ALL TOO COMMON IN MANY COUNTRIES AROUND THE WORLD.

.cranmanigss» IN THE WAR ON TERRORISM ARE NOT CRIMINALS
AWAITING TRIAL ON CRIMINAL CHARGES. THEY ARE ENEMY
COMBATANTS. THE RIGHT OF STATES TO DETAIN THEIR ATTACKERS,
AND THOSE AFFILIATED WITH THEM, FOR THE DURATION OF A
CONFLICT IS UNCHALLENGED. THE DETENTION OF AN ENEMY
COMBATANT IS NOT AN ACT OF PUNISHMENT BUT ONE OF SECURITY AND
MILITARY NECESSITY. IT SERVES THE IMPORTANT PURPOSE OF
PREVENTING AN ENEMY COMBATANT FROM CONTINUING TO FIGHT
AGAINST US. THE CRIMINAL JUSTICE SYSTEM SIMPLY IS NOT
RELEVANT TO ENEMY COMBATANTS DETAINED IN A WAR.

Z./

IN ANY CASES WHERE THE «UNITED» «STATES» TRANSFERS «DETAINEES» TO OTHER COUNTRIES FOR DETENTION, WE SEEK AND RECEIVE ASSURANCES THAT «DEDUMTEES» WILL NOT BE TORTURED.
(IF ASKED ABOUT SPECIFIC TRANSFEREE COUNTRIES)

Z I WILL NOT DISCUSS SPECIFIC DETAILS CONCERNING ANY

TRANSFER OF «Jmnmarms» TO THIRD COUNTRIES IN THE WAR ON

TERRORISM.

SUGGESTED RESPONSES TO SPECIFIC QUESTIONS (IF ASKED)

NOTE: RESPONSES IMMEDIATELY BELOW IS FOR USE IF ASKED ABOUT

CONDITIONS AT GUANTANAMO.

CAN YOU ASSURE US CATEGORICALLY THAT AL-QA'IDA AND TALIBAN

«DETAINEES» AT GUANTANAMO ARE CONSISTENTLY TREATED HUMANELY AND
IN FULL ACCORD WITH THE GENEVA CONVENTION AND ALL OTHER

INTERNATIONAL LAW?

Z AS OUR GOVERNMENT HAS PREVIOUSLY STATED, THE «UNITED»
«STATES» ARMED FORCES HAVE TREATED, AND WILL CONTINUE TO TREAT, ALL INDIVIDUALS DETAINED AT GUANTANAMO 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, EVEN THOUGH NEITHER AL-QA'IDA NOR TALIBAN «DETAINEES» AT GUANTANAMO ARE ENTITLED TO POW STATUS.
Z EVEN THOUGH THE GUANTANAMO «DETAINEES» ARE NOT ENTITLED TO POW RIGHTS AND PRIVILEGES, THEY ARE PROVIDED, AS A MATTER OF POLICY, MANY PRIVILEGES SIMILAR TO POWS. AS EXAMPLES, ALL «DETAINEES» AT GUANTANAMO ARE PROVIDED: THREE MEALS A DAY THAT MEET MUSLIM DIETARY REQUIREMENTS; ADEQUATE SHELTER AND WATER;
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EXCELLENT MEDICAL AND DENTAL CARE ON A PAR WITH THAT PROVIDED
TO U.S. ARMED FORCES; CLOTHING AND SHOES; SHOWERS, SOAP, AND
TOILET ARTICLES; THE OPPORTUNITY TO WORSHIP; AND THE MEANS TO
SEND AND RECEIVE MAIL, SUBJECT TO SECURITY SCREENING.

Z -SINCE DETENTION OPERATIONS BEGAN WE HAVE TREATED WOUNDS
SUSTAINED IN BATTLE AND TREATED AILMENTS IN «DETAINEES» THAT
PRE-DATE CAPTURE.

Z THE GUANTANAMO «DETAINEES» ARE NOT SUBJECTED TO PHYSICAL
OR MENTAL ABUSE OR CRUEL «TREATMENT».

Z THE INTERNATIONAL COMMITTEE OF THE RED CROSS HAS
VISITED AND WILL CONTINUE TO BE ABLE TO VISIT THE «Jmnuammes».

«DETAINEES» MAY RAISE CONCERNS ABOUT THEIR CONDITIONS AND
WE ATTEMPT TO ADDRESS THOSE CONCERNS CONSISTENT WITH SECURITY
AND OPERATIONAL REQUIREMENTS.
IS THIS TRUE FOR ALL U.S. «DETAINEES» ANYWHERE IN THE WORLD?

I AM NOT GOING TO GO FURTHER INTO THE DETAILS OF U.S.
AND ALLIED EFFORTS TO FIGHT THE WAR ON TERRORISM, INCLUDING
OUR DETENTION POLICIES.

Z THE «UNITED» «STATES» NEITHER PERMITS, CONDONES, NOR TOLERATES TORTURE, WHICH WOULD BE A VIOLATION OF U.S. LAW.
HOW DO YOU RESPOND TO SPECIFIC ALLEGATIONS THAT DIEUTNEES» ARE
SUBJECTED TO SLEEP DEPRIVATION, BEING FORCED TO STAND FOR
LONG PERIODS OF TIME, AND HAVING BRIGHT LIGHTS SHINED ON THEM?

Z AGAIN, I AM NOT GOING TO DISCUSS THE DETAILS OF HOW WE
FIGHT THE WAR ON TERRORISM. U.S. GOVERNMENT PERSONNEL ARE
NOT PERMITTED TO TORTURE «DETAINEES» OR PARTICIPATE IN TORTURE
BY OTHERS. THEY CONDUCT THEMSELVES IN A MANNER THAT COMPLIES
WITH APPLICABLE LAW.

DOES THE «UNITED» «STATES» DELIBERATELY HAND OVER «DRUMM:ES» TO
FOREIGN POWERS KNOWING THEY WILL BE TORTURED DURING
INTERROGATIONS?

Z IN CASES WHERE THE «UNITED» «STATES» TRANSFERS «DETAIMES» TO
OTHER COUNTRIES FOR DETENTION OR QUESTIONING ON OUR BEHALF,
WE SEEK AND RECEIVE ASSURANCES THAT «DETAINEES» WILL NOT BE
TORTURED.

(IF ASKED ABOUT SPECIFIC TRANSFEREE COUNTRIES)

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Z I WILL NOT DISCUSS ANY SPECIFIC DETAILS ABOUT THE
CONDUCT OF THE WAR ON TERRORISM, INCLUDING DETAILS CONCERNING
ANY TRANSFER OF «DETJUIMMS» TO THIRD COUNTRIES.

IF THE «UNITED» «STATES» REFUSES TO CHARGE «DETAINEES» WITH CRIMES,
AREN'T YOU LEGALLY REQUIRED TO RELEASE THEM?

Z THE «UNITED» «STATES» AND ITS COALITION PARTNERS ARE AT WAR
WITH AL-QA'IDA AND ITS SUPPORTERS; A WAR WHICH WE DID NOT
START. INTERNATIONAL LAW HAS LONG RECOGNIZED THE RIGHTS OF
STATES TO DEFEND THEMSELVES AND DETAIN ENEMY COMBATANTS UNTIL
THE CESSATION OF HOSTILITIES. THIS HAS BEEN THE PRACTICE OF
THE U.S. AND ITS ALLIES IN EVERY MODERN WAR.

IN THIS, AS IN ALL WARS, IT IS IMPOSSIBLE TO PREDICT
WHEN HOSTILITIES WILL END. DESPITE OUR EFFORTS, AL-QA'IDA
AND ITS SUPPORTERS CONTINUE TO ATTEMPT TO ATTACK U.S.
CITIZENS AND INTERESTS, OUR FRIENDS AND ALLIES.

Z AL-QA'IDA AND ASSOCIATED TERRORIST GROUPS STILL PRESENT
A VERY REAL THREAT TO U.S. CITIZENS, SPECIFICALLY TARGETING
CIVILIANS, AND CONTINUE TO WAGE WAR AGAINST US.

Z THE «UNITED» «STATES» HAS THE RIGHT UNDER INTERNATIONAL LAW
-AND THE RESPONSIBILITY UNDER OUR CONSTITUTION - TO PROTECT
AND DEFEND OUR PEOPLE AGAINST FURTHER ATTACKS.

Z OUR ACTIONS IN THE WAR ON TERRORISM, INCLUDING
CONTINUED DETENTION OF ENEMY COMBATANTS, BENEFIT NOT ONLY OUR
PEOPLE, BUT ALL PEOPLE WHO COULD BECOME TARGETS.

Z SOME HAVE ERRONEOUSLY CLAIMED THAT THE «UNITED» «STATES» IS
VIOLATING DOMESTIC AND INTERNATIONAL LAWS THAT PROHIBIT THE
"INDEFINITE" DETENTION OF INDIVIDUALS WITHOUT TRIAL. THIS
FAULTY ASSUMPTION HAS LED SOME TO PRESSURE THE U.S.
GOVERNMENT TO EXPEDITE INTERROGATIONS AND INVESTIGATIONS, AND
QUICKLY DECIDE THE FATE OF ALL ENEMY COMBATANTS. THERE IS
BROAD AUTHORITY UNDER THE LAWS AND CUSTOMS OF WAR TO DETAIN
ENEMY COMBATANTS, WITHOUT ANY REQUIREMENT TO BRING CRIMINAL
CHARGES WHILE HOSTILITIES LAST. CRIMINAL LAW PROVISIONS,
WHETHER IN THE U.S. OR ELSEWHERE, SIMPLY ARE NOT RELEVANT
HERE.

Z AL-QA'IDA IS A TERRORIST ORGANIZATION, UNLAWFULLY
ENGAGED IN AN ARMED CONFLICT TARGETING CIVILIANS AND MILITARY
PERSONNEL AND OBJECTS AROUND THE WORLD. AL-QA'IDA'S CONDUCT
FLAGRANTLY VIOLATES EVEN THE MOST FUNDAMENTAL LAWS AND

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CUSTOMS OF WAR. IN ADDITION TO UNLAWFULLY TARGETING

CIVILIANS, AL-QA'IDA'S METHODS AND MEANS OF WAGING WAR ARE AT
ODDS WITH EVERY REQUIREMENT APPLICABLE TO LAWFUL ARMED FORCES.

Z WE CANNOT HAVE AN INTERNATIONAL LEGAL SYSTEM IN WHICH
HONORABLE SOLDIERS WHO ABIDE BY THE LAW OF ARMED CONFLICT AND
ARE CAPTURED ON THE BATTLEFIELD MAY BE DETAINED AND HELD

UNTIL THE END OF A WAR, BUT TERRORISTS WHO VIOLATE THE LAW OF

ARMED CONFLICT MUST BE RELEASED AND ALLOWED TO CONTINUE THEIR

BELLIGERENT, UNLAWFUL, OR TERRORIST ACTIVITIES. SUCH A LEGAL

REGIME WOULD SIGNAL TO THE INTERNATIONAL COMMUNITY THAT IT IS
ACCEPTABLE FOR ARMIES TO BEHAVE LIKE TERRORISTS.

WHY DOES THE «UNITED» «STATES» STILL REFUSE TO GRANT ALL
«DETAIMMBS» "POW STATUS?" DOESN'T THIS VIOLATE ARTICLES 4 AND

5 OF THE THIRD GENEVA CONVENTION?

Z MEMBERS OF THE TALIBAN AND AL-QA'IDA ARE NOT ENTITLED

TO PRISONER OF WAR STATUS UNDER THE THIRD GENEVA CONVENTION.

THAT PRIVILEGE EXTENDS ONLY TO SOLDIERS WHO THEMSELVES

OBSERVE THE LAW OF ARMED CONFLICT AND COMPLY WITH THE

PROVISIONS OF THE GENEVA CONVENTIONS.

Z IT IS IMPORTANT TO THE RULE OF LAW THAT WE NOT ACCORD
AL-QA'IDA AND THE TALIBAN, OR ANY OTHERS WHO FAIL TO ABIDE BY
THE LAW OF ARMED CONFLICT, THE RIGHTS AND PRIVILEGES OF THOSE
WHO DO. DOING SO WOULD DISSERVE THE WORLD'S INTERESTS BY
DIMINISHING THE PRINCIPLES EMBODIED IN THE GENEVA CONVENTIONS
AND COULD EVEN ENCOURAGE ARMIES TO BEHAVE LIKE TERRORISTS.

Z NONETHELESS, «DETAINEES» ARE KEPT SAFE, AND ARE PROVIDED
WITH EXCELLENT MEDICAL CARE AND NUTRITION. DESPITE WHAT THE
TERRORISTS DID TO INNOCENT AMERICANS AND OTHERS - AND ARE
CONSTANTLY PLOTTING TO DO AGAIN - U.S. GOVERNMENT PERSONNEL
ARE NOT AUTHORIZED OR PERMITTED TO TORTURE THEM.

Z THE US WILL NOT WAVER IN ITS COMMITMENT TO PROTECT ITS
CITIZENS, FRIENDS, AND ALLIES. WE WANT TO FIND THOSE

INDIVIDUALS RESPONSIBLE FOR PAST ATTACKS, PREVENT FUTURE
ATTACKS, AND DEFEAT TERRORISM AND TERRORIST ORGANIZATIONS,

INCLUDING AL-QA'IDA AND ITS SUPPORTERS.

QUESTIONS HAVE BEEN RAISED ABOUT SPECIFIC CASES OF MISTREATMENT, INCLUDING THE REPORTED DEATHS OF TWO ‹Jainummes» UNDER U.S. CONTROL IN «AFGHANISTAN»
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DOS-002326

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Z U.S. OFFICIALS INVESTIGATE REPORTS OF MISTREATMENT OR

INJURIES TO .(Dinmarms».

Z ON DECEMBER 17, 2002, THE «UNITED» «STATES» ANNOUNCED THAT

IT HAD INITIATED AN INVESTIGATION INTO THE DEATHS OF TWO

«DETAINEES» HELD BY U.S. ARMED FORCES IN «AFGHANISTAN». THIS

INVESTIGATION IS ONGOING AND WE WILL NOT DISCUSS ANY DETAILS

ABOUT IT.

Z U.S. ARMED FORCES ARE WELL TRAINED IN THE PROPER

«TREATMENT» OF «DETAINEES».

WHY HAVE SOME «DETAINEES» BEEN RELEASED? WILL MORE «DEM:AMES»
BE RELEASED?

Z AS APPROPRIATE, THE «UNITED» «STATES» MAY RELEASE
INDIVIDUALS WHO NO LONGER POSE A THREAT TO OUR COUNTRY OR OUR

INTERESTS, OR WHO OTHERWISE NO LONGER REQUIRE DETENTION UNDER

U.S. CONTROL.

Z DEFENSE SECRETARY RUMSFELD HAS STATED HIS INTENTION *NOT

TO HOLD ANYONE LONGER THAN NECESSARY.. TO THAT END, OUR

DEPARTMENT OF DEFENSE HAS PROCEDURES IN PLACE TO ASSESS,

SYSTEMATICALLY AND PERIODICALLY, THE GUANTANAMO «DEMME»

POPULATION AND DETERMINE, AMONG OTHER THINGS, IF CONTINUED
DETENTION IS NECESSARY FOR EACH INDIVIDUAL.

Z THE DEPARTMENT OF DEFENSE HAS ALREADY APPROVED THE
RELEASE OF A NUMBER OF 4xnualms» AT THE GUANTANAMO BAY
DETENTION FACILITY AND ANTICIPATES THAT THERE WILL BE
ADDITIONAL «DIENUNEE» RELEASES IN THE FUTURE.

Z IT IS IMPORTANT TO STRESS THAT THE DOD ASSESSMENT
PROCESS IS DELIBERATE, THOROUGH, AND TIME-CONSUMING.
FUNDAMENTALLY, WE'MUST ENSURE THAT THE RELEASE OF AN ENEMY
COMBATANT DOES NOT CREATE A SECURITY RISK TO THE «UNITED»
«STATES», ITS ALLIES, OR OTHERS. WE WILL ABIDE BY APPLICABLE

U.S. LAW AND THE LAW OF ARMED CONFLICT, AS APPLICABLE, BUT WE
WILL NOT COMPROMISE THE SECURITY OF AMERICANS OR OTHERS WHO
MIGHT FALL VICTIM TO INTERNATIONAL TERRORISTS RELEASED
PREMATURELY.

Z PRIOR TO ANY RELEASE, CONSISTENT WITH MILITARY

REQUIREMENTS, THE DEPARTMENT OF DEFENSE GENERALLY NOTIFIES
THE RECEIVING STATE AND THE ICRC IN ORDER TO ENABLE THEM TO
MAKE NECESSARY ARRANGEMENTS PRIOR TO THE «DETAINEES»,
DEPARTURE FROM GUANTANAMO.

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Z BEYOND THAT, THE U.S. GOVERNMENT WILL NOT DISCUSS
SPECIFIC TRANSFERS OR RELEASES SO AS TO MAINTAIN THE SAFETY
AND PRIVACY OF THOSE WHO HAVE BEEN DETAINED AND THE SECURITY
OF U.S. OPERATIONS IN THE WAR ON TERRORISM.

IF cimminrEs» ARE RELEASEDi -DOES THAT SUGGEST THAT THEY

SHOULDN'T HAVE BEEN DETAINED IN THE FIRST PLACE?

Z NO. THE «DETAINEES» WERE CAPTURED DURING AN ARMED CONFLICT BECAUSE THEY WERE ENEMY COMBATANTS. THEIR CAPTURE AND DETENTION ON THAT BASIS IS PROPER. DURING THEIR DETENTION, WE ASSESS -AMONG OTHER THINGS - THEIR POTENTIAL TO REMAIN A THREAT TO U.S. SECURITY, AVAILABLE INFORMATION CONCERNING WHETHER THEY MAY HAVE ENGAGED IN THE COMMISSION OF WAR CRIMES, AND THEIR POTENTIAL TO SUPPORT OR PARTICIPATE IN FUTURE ACTS OF TERRORISM OR COMBATANT ACTIVITIES. BASED ON THESE AND.s0THER CONSIDERATIONS, WE HAVE CONCLUDED THAT SOME COULD BE RELEASED UNDER CERTAIN CONDITIONS.
Z THOSE DETAINED AT GUANTANAMO WERE SENT THERE FOR A
REASON. AS WE HAVE STATED NUMEROUS TIMES, WHEN THE ARMED
CONFLICT ENDS, AND/OR AN ENEMY COMBATANT IS DETERMINED TO NO
LONGER POSE A THREAT, AND HAS NO MORE INTELLIGENCE OR LAW
ENFORCEMENT INFORMATION OF VALUE, HE WILL BE RELEASED OR

TRANSFERRED TO THE CONTROL OF ANOTHER GOVERNMENT.
POWELL

NNNN

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