This State Department cable is to US Missions/Embassies informing them that they should inform the governments where they are located about the transfer of that government's citizens/nationals to Guantanamo, and to share the information concerning those persons with the citizen's government. The local US Mission/Embassy officials are to tell the host government that “a number of individuals detained in relation to military operations in Afghanistan include “X” number of national(s) of your country” and that The US does not intend to make names of the individuals being detained at Guantanamo Bay public at this time, since these individuals pose a threat to the United States and international peace and security. For operational and for security reasons, we have transported them to the U.S. Naval Station at Guantanamo. Also assurances should be given to the host government that “All detainees will be treated humanely”, as well as a fair assessment of their legal status; potential for facing trial for terrorist activities; and allowing foreign governments to have access to the detainees.
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KODAKA.022002
DRAFTED BY: S/WCI:BBLASCHKE:BB -- 01/21/02 (202) 647-5072
APPROVED BY: S/WCI:PPROSPER
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B1
DECAPTIONED
S E C R E T STATE 011857
NODIS
NAIROBI PASS TO KHARTOUM
E.O. 12958: DECL: 01/19/07
TAGS: PTER, PREL, KAWC
SUBJECT: JANUARY 20 TRANSFER OF DETAINEES TO GUANTANAMO
REF: STATE 6135
Classified by S/WCI - Pierre-Richard Prosper, for reasons
1.5 (b) and (d).
1. (U) This is an action message. 00B Niact precedence for
Paris, Ashgabat, Moscow, and Dushanbe is at the request of
EUR/PRA - Anita Friedt.
B2
UNITED STATES DlcrAii_s i A IL
REVIEW AUTHOR TY: WILLIAM E LANDFAIR
DATE/CASE ID: 19 OCT 2004 200303827 1.5NCLASSIFIED
DOS-000056
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• B2
3.
(C) Addressee posts (not/not including Havana) are
requested to inform host governments at the earliest
opportunity of information related to the transfer of their
national(s) I.Ito U.S facilities in Guantanamo
Bay. Personal information on detainees in paragraph 5 may
be shared with host government. We are working with the
Department of Defense to obtain more identifying details
that could be shared with host governments. Please do not
share details on nationals from third countries with host
government. Please use talking points in paragraph 4.
4.
(U) Talking Points
-- At mid-afternoon local time January 20, a U.S. military
aircraft arrived at the U.S. Naval Station, Guantanamo Bay,
Cuba carrying a number of individuals detained in relation
to military operations in Afghanistan. These included
(number) national(s) of your country. The USG does not
intend to make names of the individuals being detained at
Guantanamo Bay public at this time.
-- These individuals pose a threat to the United States and
international peace and security. For operational and
security reasons, we have transported them to the U.S. Naval
Station at Guantanamo Bay.
-- All detainees will be treated humanely.
-- The United States is evaluating the possibility of
prosecuting these detainees in a U.S. forum.
-- We are also evaluating the possibility of returning
certain individuals to their country of nationality for
further legal action. Before making any decisions, however,
we seek additional information.
-- If you have information concerning these detainees, and
especially information concerning any criminal conduct
(including violations of the laws of war) that they are
alleged to have committed, we would appreciate receiving
that information through the law enforcement liaison at our
embassy.
-- We would hope that you would be able to prosecute
vigorously all of your nationals who have aided al-Qaida
terrorists.
-- Do you have any information from your own sources that
connects these persons with al-Qaida or the Taliban?
-- Are there any charges pending against these persons in
your country? If so, what are those charges and against
whom have they been brought?
-- Would these persons be subject to prosecution in your
country, and if so, for what crimes? For crimes committed
inside your country? For crimes committed outside,
including for acts related to the Afghan conflict or
terrorist acts?
-- What types of punishments are available under your law
for offenses that have been or might be brought against
these persons in your country?
If pressed:
-- We are studying the issue of allowing foreign governments
access to detainees in Guantanamo Bay.
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6. (U) Background for Posts
(C) The most pressing matter at hand is ensuring that those
who pose or might pose a continuing threat to the United
States remain securely detained. Currently we are holding
overlS land at Guantanamo Bay.
As ptesentxy enyisionea, aetentions and prosecutions of al-
Qaida and notable Taliban members could be undertaken by
three parties: the United States, the respective governments
of assorted nationals detainediS1 and the
I. We will want to maintain our
1S
ilexioility or action in all scenarios.
(C)
In coming weeks we will make further transfers of
detained al-Qaida, senior Taliban officials and others who
we believe pose a threat.
(C)
We will make determinations at a later date concerning
detainees who may be subject to U.S. prosecution. We will
also examine the possibility of other states undertaking
prosecutions.
(C)
The issue of access to detainees is still being studied.
7. (U) Please slug responses for S/WCI, L, OD/OGC:Davidson,
DOD/OSD/SOLIC:HolliS, and NSC/Legal:Bellinger.
POWELL
SECRET
UNCLASSIFIED
DOS-000058