State Department cable regarding prosecution of non-Afghanis fighting with Al-Qaeda or the Taliban. The cable states that an investigation of such persons will be carried out and, in the event that it is established that criminal acts were perpetrated by them, these individuals will then be prosecuted by the courts. If the individuals are found guilty of a sentencing offence, the punishment cannot exceed the maximum sentence allowed for by law of the foreign state where the national is from or of the territory of where the crime was committed.
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TO SECSTATE
MEDIATE 4351
CONFIDENTIAL
II
NODIS
DECAPTIONED
E.O. 12958: DECL: 01/16/2012
TAGS: PREL,
SUBJECT: PR SECUTIOIsc OFI NATIONALS DETAINED IN
REF: STATE 212937
Classified By: I IREASON 1.5 (B/D)
1. (C) Responding to reftel demarche delivered December 13
regarding prosecution of non-Afghanis fighting with Al-Qaeda
or the Taliban,/ I
preSente a non-paper to
Po Min ours anus Allpws an informal Embassy
tranalatioh .of the 'text.
L__r
2. (SBU) BEGIN TEXT:
CONCERNING COURT PROSECUTION OF PERSONS FIGHTING EITHER ON
THE SIDE OF AL QAEDA OR THE TALIBAN MOVEMENT (TM) WHO ARE
ASSUMED TO BE CITIZENS OF'
If it will become established that the indicated persons are
E-----lcitizens, and if given well-founded suspicions we can
assume that thes persons have commj.tted criminal acts
B1
according to the !legislation (for example either on the territory ot 1, we intend to insist on their return 461
An investigation of these persons will be carried out and, in
the event that it is established that criminal acts were
perpetrated by them, these individuals will then be
prosecuted by the courts pursuant to existing'. 1
le islation for any criminal acts committed on the territory
of hose that were
COI ittea oeyona Its wurct as wel legislation envisages
rs.
invoking the criminal code'speci ica v for such crimes as
mercena service
, to ing ostages
, organizing criminal
associations
Court prosecution of' 'citizens who had committed
crimes on the territory oz __jor on a third nation's
territory. will be done in a manner that shall take into
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: WILLIAM E LANDJFAIR DATE/CASE ID: 10 NOV 2004 200303827 DOS-000644
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trtccount the laws that are in force in that country. In
'hccordance with the Criminal Code ofi citizens of 1 'who
nave commictea crimes
ik utside the borders of Iare subject to
4. criminal liability under !Criminal
0
Z4 010" Code if the act perpetrated by such individuals areconsidered to be criminal actions by the nation on whose
D
territory such acts were committed. When sentencing suchpersons the punishment cannot exceed the maximum sentenceallowed for by law of the foreign state on the territory of
e crime was committed. Proceeding from this, the
I
citizens who provided sanctuary to members of eithera or the Taliban Movement (TM), or fought on theirside and had committed no crime on the territory of
may be deemed criminally culpable if their actions confute
a crime according to the laws of the country where such
actions were committed, in this instance'
1
(side will strive to prosecute the indicated
Eivictuais through court in accordance with land
International law.
B1
END TEXT.
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0
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DOS-000645
UNCLASSIFIED