DOS Memo re: Talking Points on Detainees at Guantanamo

State Department talking Points on relating to detainees at Guantanamo and the burden of bearing the sole responsibility for the War on Terror.

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

UNCLASSIFIED
RELEASED IN FULL
As the War on Terrorism continues, bearing sole
responsibility for the detention of enemy combatants has
placed inordinate strain on USG military resources. In an
attempt to relieve some of this burden, the USG belieyes
other coalition members should be willing to bear a portion
of this responsibility just as they are willing to bear a
portion of the actual fighting. This approach is to
initiate the process of such burden-sharing by determining
which officials would be most appropriate to address
depending on how the USG wants to divy out the
responsibility of this task.
UNCLASSIFIED
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: SHARON E AHMAD
DATE/CASE ID: 09 NOV 2004 200303827 DOS-000426
ACLU-RDI p.1
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-- While we have evidence that:detainees at GTMO are a
threat to the USG and others, we are not in a position to
address publicly the particular circumstances of the
detention or the activities that led to the detention of
any of the individuals at Guantanamo.
- Indiiiiduals detained in Guantanamo are enemy combatants
captured in connection with an on-going armed conflict and
related attacks against the United States, its citizens and
citizens of numerous other nations. Enemy combatants
continue to pose a serious security threat to U.S. and
Coalition partners. They are being held in accordance with
• the laws and.customs of war, which permit the United States
to hold enemy combatants at least for the duration of
hostilities.
-- The United States is treating these individuals humanely
and in a manner consistent with the principles of the Third
Geneva Convention of 1949. Representatives of the
International Committee of the Red Cross are at Guantanamo
Bay and meet with detainees individually and privately.
-- All detainees are provided three meals a day that meet
Muslim dietary laws (if desired), as well as medical care,
clothing, shelter, showers, and opportunities to worship.
-- Under the law of armed conflict, captured enemy
combatants have no right to counsel or to the courts to
challenge their detention. If and when a detainee is
charged with a crime, he would have the right to counsel
and fundamental procedural safeguards.
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UNCLASSIFIED DOS-000427
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: SHARON E AHMAD
DATE/CASE ID: 16 NOV 2004 200303827
ACLU-RDI p.2
• •
A UNCLASSIFIED
-- To date, no detainee. at 'Guantanamo has been charged with
a crime.
--in response to the question of any detainee's right and
opportunity to coorespond via written letter with family
members.
Language fOr further government-to-government dialogue on
future disposition of Bahraini detainees (not for
disclosure to families or public)
-- Let me assure you. that the United States does not intend
to keep anyone at Guantanamo any longer than necessary.
Rather, it is the intention of the United States Government
to transfer detainees to their home country or other
appropriate destinations once control by the USG is no
longer necessary.
-- . With respect to the prospects of bringing legal action
in US Courts, the United States maintains that U.S. courts
do not have jurisdiction to consider challenges to the
detention of alien enemy combatants at Guantanamo. This is
our legal position injudicial proceedings whenever the
issue is raised.
UNCLASSIFIED DOS-000428
ACLU-RDI p.3

Doc_nid: 
5970
Doc_type_num: 
63