DOS Memo from William H. Taft, IV, Otto J. Reich and Roger F. Noriega to Colin L. Powell re:Case before the Inter-American Commission on Human Rights (IACHR)

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Memo states that a number of non-governmental agencies filed a petition before the IACHR, in which they alleged that the U.S. violated international law by mistreating Guantanamo detainees. In response to the allegations, the IACHR issued to the DOS a Request for Precautionary Measures, asking that U.S. to have the legal status of Guantanamo detainees determined by a competent tribunal, and also requested that the DOS inform it within 30 days of actions taken.

Doc_type: 
Non-legal Memo
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 

UNCLASSIFIED
200205501.33)13
United States Department of State
Washington, D.C. 20200/3
INFORMATION MEMORANDUM MAR 1 3 ax2

S/R

SENSITIVE BUT UNCLASSIFIED

RELEASED IN FULL
TO:;The Secretary

FROM: L - William H. Taft,
WHA - Otto J. Reich
USOAS - Roger F. NoriegaW

Guantanamo Detainees Case at Inter-American
Commission on Human Rights

SUBJECT:;

A number of NGOs filed a petition before the IACHR last month
alleging that U.S. treatment of detainees at Guantanamo violates
international law. While the Commission has not yet ruled on
the merits of the petition, on March 12, it transmitted to the
Department a request for "precautionary measures."
Specifically, it requested that we "have the legal status of the
detainees at Guantanamo determined by a competent tribunal."
This request is not binding on the United States.

The Commission also requested that we inform it within 30 days

of the actions we have taken to give effect to its request for

precautionary measures.

We intend to respond in writing to the Commission's request well
in advance of the 30-day period. L will take the lead in
coordinating an inter-agency response.

At this stage, the Commission's request is supposed to be

treated with confidentiality by all parties. However, since the

Commission will notify petitioners that it has requested

precautionary measures, we can expect that the matter Mill be

made known to the media. We propose to provide press cuidance

on an if-asked basis that confirms that we have received the

request and states that we will respond directly to the

Commission.

fOtS1
SC ANaC1 "

APR 17 NOZ
SENSITIVE BUT UNCLASSIFIED

UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHNIELZER
DATE/CASE ID: 30 SEP 2004 200303827 UNCLASSIFIED-
DOS-000209

UNCLASSIFIED

Drafted: WHA/USOAS - Mary P. Stickles; X79916; 2/25/2002
F:\searoas\sticklesmp\human rights\info memo;

IACHR
precautionary measures

Cleared: WHA - Lgutierrez (ok)
WHA/USOAS - PdeShazo (ok)
WHA/USOAS - Bfriedman (ok)
WHA/PPC - Asherinian (ok)
WHA/CCA - HenshawS (substance)
L/HRR - Asurena (ok)
PM Gsuchan (ok)

-

S/WCI - Mnewton (info)
P - Mhammer (ok)
D - Rgilchrist (ok)
S/P Mzarin (ok)

UNCLASSIFIED
DOS-000210

Doc_nid: 
5893
Doc_type_num: 
63