DOS Memo re: Status of Detainees at Guantanamo Talking Points

State Department talking points memo on the status of detainees at Guantanamo provides information on the number of detainees held; the status of their case review; the U.S. is treating and will continue to treat all of the individuals detained at Guantanamo humanely; The President has determined that the Geneva Convention applies to the Taliban detainees, but not to the al-Qaida detainees. Al-Qaida is not a state party to the Geneva Convention; it is a foreign terrorist group. As such, its members are not entitled to POW status; All detainees at Guantanamo are being provided water and three meals a day that meet Muslim dietary laws, medical care, the opportunity to worship and correspondence materials, and the means to send mail and the ability to receive packages of food and clothing.

Doc_type: 
Non-legal Memo
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

UNCLASSIFIED
Issue: Status of Detainees at Guantanamo RRELEASED IN FULL
The United States is currently approximately 650 individuals who were captured during combat op rations
in Operation Enduring Freedom in a secure detention facility at its naval base in Guantanamo Bay, Cuba.
We are investigating and reviewing all cases in order to reach a final determination on the status o all
detainees as soon as possible. Each detainee will be detained and/or prosecuted by the United St tes
Government, will be transferred back to his home country for detention, investigation, and/or prose ution,
or will be released if he no longer poses a threat to the United States or our allies. To date almost 0
detainees have been released or transferred.

The United States is treating and will continue to treat all of the individuals detained at Guanta = mo
humanely and, to the extent appropriate and consistent with military necessity, in a manner co sistent
with the principles of the Third Geneva Convention of 1949.


The President has determined that the Geneva Convention applies to the Taliban detainees, b t not to
the al-Qaida detainees. Al-Qaida is not a state party to the Geneva Convention; it is a foreign t = rrorist
group. As such, its members are not entitled to POW status.


Although we never recognized the Taliban as the legitimate Afghan government, Afghanistan i a party
to the Convention, and the President has determined that the Taliban are covered by the Cony ntion.
Under the terms of the Geneva Convention, however, the Taliban detainees do not qualify as P • Ws.


Therefore, neither the Taliban nor al-Qaida detainees are entitled to POW status.


Even though the detainees are not entitled to POW privileges, they will be provided many PO
privileges as a matter of policy. UNITED STATES DEPARTMENT OF STAT

REVIEW AUTHORITY: SHARON E ALMA
All detainees at Guantanamo are being provided: DATE/CASE ID: 14 DEC 2004 200303827


water and three meals a day that meet Muslim dietary laws


medical care


clothing and shoes


shelter, showers, towels and washcloths, soap and toilet articles


foam sleeping pads and blankets


the opportunity to worship


correspondence materials, and the means to send mail


the ability to receive packages of food and clothing, subject to security screening

The detainees are not be subjected to physical or mental abuse or cruel treatment. The Internation Committee of the Red Cross has visited and will continue to be able to visit the detainees privately. The detainees are permitted to raise concerns about their conditions and we address those concerns nsistent with security.
The detainees receive much of the treatment normally afforded to POWs by the Third Geneva Con ention.
However, the detainees do not receive some of the specific privileges afforded to POWs, including access to a canteen to purchase food, soap, and tobacco; a monthly advance of pay; the ability to have and consult personal financial accounts; and the ability to receive scientific equipment, musical instrum.nts, or sports outfits
Many detainees at Guantanamo pose a severe security risk to those responsible for guarding them and to each other. Some of these individuals demonstrated how dangerous they are in uprisings at Mazar -Sharif and in Pakistan. The United States must take into account the need for security in establishing the conditions for detention at Guantanamo.
Background on Geneva Conventions. The Third Geneva Convention of 1949 is an international treaty designed to protec
prisoners of war from inhumane treatment at the hands of their captors in conflicts covered by the Convention. It is amo four
treaties concluded in the wake of WWII to reduce the human suffering caused by war. These four treaties provide protect ns for four different classes of people: the military wounded and sick in land conflicts; the military wounded, sick and shipwreck in conflicts at sea; military persons and civilians accompanying the armed forces in the field who are captured and qualify a prisoners of war; and civilian non-combatants who are interned or otherwise found in the hands of a party (e.g. in a milita occupation) during an armed conflict.
UNCLASSIFIED --
DOS-001454

Doc_nid: 
6314
Doc_type_num: 
63