This State department cable is providing an up and status on the transfer of detainees from Afghanistan to Guantanamo. The detainees scheduled for transfer were complicated by protesters and Human Rights Chamber which purportedly issued an injunction halting the transfer. However, those attempts were unsuccessful in stopping the detainees from being processed out and on to Guantanamo. It also notes that several detainees have had their, presumably, Afghan citizenship stripped and the efforts of those detainees to appeal that action. The state Council of Ministers was notified and confirmed the transfer decision, with one official stating that the decision was made and the government was "sticking to it", rejecting the "paper" issued by the Human Rights Chamber as "illegitimate and a violation of the government’s procedures and mandate.
UNCLASSIFIED
CWG_PM-Coordinator
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E.O. 12958: DECL: 01/18/22 TAGS: PIER, PGOV, PREL, PINR, PINS, PHUM
SUBJECT: TFUS01: U.S. MILITARY ASSUMES CUSTODY OF SUSPECTED BI
TERRORISTS'
(U) CLASSIFIED BY OR REASONS BI
1.5 (B,D).
SUMMARY
1. (S) The six)) BI
I
in October 2001 are now in-u.. custody at an bl-UK base
near 7711 pending their transfer to Guantanamo Bay
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Naval ase. igirat.otalssta d umajj Rights Chamber injunction attempted unsuccessfully to N ',rail the transfer./
.i--- I End 1
summary.
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UNITED STATES DEPARTMENT OF STATE 1
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 19 OCT 2004 200303827 UNCLASSIFIED
DOS-000052
UNCLASSIFIED
2. (S) As of 0530 18 January 2002, alt
-'stained since October 2001 at USG request by thel I
I were in the custody of U.S. armed forces at Camp
J111111,1
I
had formatty agreed to the transter of custody me evening
before. At 1725 17 January 2002
I B1
ccepted on behalf of •Ls government the U.S.
overnment's request to assume custody of the detainees. Isaid that no fornpl note would he sent in reply but that the Government 4a frould agree
to the transfer. !met
later that evening, and confirmed their earlier decision to
transfer custody of the detainees to the U.S.
Protestors Unsuccessfully Try to Block Transfer
3. (S) Several hundred protestors attempted to interfere with the early morning transfer, attacking and injuring five local police at th rison where the
ad been hbic i ne t owd was dispersed at 0600 by po ice u ing only tear gas, no weapons, with two arrests for assault. No SFOR or U.S. ersonnel were injured, but one detainee was taken to on a stretcher, and may have been injured du r.
Detainees Expected to Move to I It hen Guantanamo B1
a
TS) We understand the detainees will be transferred to
r e main U.S. military base in\
Human Rights Chamber Issues Purported Injunction
5. (C) had stripped five of the six detainees o etr t enship in December, 2001. The sixth ad never been granted IaI B6citizenshi etainees appealed the government's revocation decision, initially to the
Federation Supreme Court and subsequently to thel
I Reportedly at 1800 18 December 2002, the issued an ex parte (i.e., without notice t ywere exercising jurisdiction) paper enioinino until
brua 11 the taking out of
o had appe lea to me I j t he
am er said it expected to issue a final decision in the F=ebruary 11‘ BI
2
UNCLASSIFIED
DOS-000053
aTNCI ASSIFIED
Rejects I 'Paper
6. (S) The (received
word of Will rpaper at about 1900, and asked to I meet with representatives of the
subsequently met withl BI
Ito discuss the
purported order, of which the state Council of
I
Ministers was only notified after its meetin to confirm
the transfer decision. The senior' fficials stated
that they had made their decision and would stick with it,
rejecting the paper," which they considered to
have not be ly issued and in violation of the
procedures and mandate.'
Comment
7. (S) I I Government officials have held steadfastly to their decision to deport the six
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I, through
a coor•na e• e er
portation through pu • lic and judicial criticism. The
urrent con rn is se individuals be
rred out of We need to stand by the
over the coming ays, until the anticipated B11:Uloof public criticism dies down, as we expect it will End comment.
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E.O. 12958: DECL: 01/18/22
TAGS: PTER, PGOV, PREL, PINR, PINS, PHUM,
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UNCLASSIFIED