DOS Memo re: Talking points on Guantanamo Bay detainees

UNCLASSIFIED
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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.

-- Individuals 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.

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON EAHMAD DATE/CASE ID: 16 NOV 2004 200303827 UNCLASSIFIED
DOS-000361

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 in . judicial proceedings whenever the

issue is raised.

UNCLASSIFIED
DOS-000362