DOS Memo re: Talking Points and Issue Paper on Guantanamo Detainees. Statement of US position on Guantanamo detainees stating that: i) detainees are treated humanely; ii) detainees are not POWs; and iii) US is working with other countries whose nationals are in Guantanamo, etc.
• UNCLASSIFIED
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ISSUE PAPER:
RELEASED IN FULL
GUANTANAMO DETAINEES
As part of our operations in the war on terror, the United
States has detained al-Qaida, Taliban, and other enemy
combatants who pose a threat to the U.S. and our allies. We •
currently hold around 650 enemy combatants at Guantanamo
Bay.
•
We are investigating. and reviewing all cases in order to
reach a determination on final disposition of all
detainees as soon as possible. Detainees will be
prosecuted by the U.S. Government, will be transferred to
their countries of origin for prosecution or detention,
or will be released if they no longer pose a threat.
•
The United States is treating 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.
•
We are in ongoing communication with countries whose
nationals are being held at Guantanamo. When detainees
are being considered for release or prosecution, we work
with those detainees' countries to ensure humane
treatment.
•
Under the terms of the Third Geneva Convention, the
.Taliban and al-Qaida detainees being held at Guantanamo
Bay are not considered to be prisoners of war.
•
Even though detainees are not entitled to POW status,
they are treated in a manner consistent with
international principles pertaining to POWs to the extent
appropriate and consistent with military necessity.
•
The White House and Department of Defense have made clear.
that the detainees are not subjected to physical or
mental abuse or cruel treatment. It is the policy of the
United States to comply with all of its legal obligations
in its treatment of detainees, and in particular legal
obligations that prohibit torture.
UNITEDSTATESDEPARTMENTOF§FifE TIVE BUT UNCLASSIFIED
REVIEW AUTHORITY: SHARON E AHMAD DATE/CASE ID: 16 NOV 2004 200303827 DOS-000438
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Drafted by:.
S/WCI: John Goldener, x 7-5234
cleared: D: Rbeecroft.(ok)
P: Bbrink.(ok)
T: Pmcnerney.(ok)
WHA: Efalls.(info)
H: Jlande.(0k)
[S/CT & DRL LMO]
G: Nbibbins.(ok)
L: Jdolan.(ok)
USOAS: Emiramontes (ok)
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DOS-000439
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