DOS Cable re: Letter Received from the United Nations Special Rapporteur on Torture

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2003GENEVA03873 - Classification: UNCLASSIFIED
ACTION 10-00

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CDD27E 100855Z /38
P 100843Z DEC 03
FM USMISSION GENEVA
TO SECSTATE WASHDC PRIORITY 8242
INFO USMISSION USUN NEW YORK

UNCLAS GENEVA 003873

DEPT FOR IO/SHA, DRL/MLA, L/HRR

E.O. 12958: N/A
TAGS: PHUM, UNHRC-1
SUBJECT: COMMUNICATION FROM SPECIAL RAPPORTEUR ON TORTURE:
REQUESTS RESPONSE TO EARLIER COMMUNICATION ON GUANTANAMO
DETAINEES

REF: A) GENEVA 3824 B) GENEVA 3499

SENSITIVE BUT UNCLASSIFIED. PLEASE HANDLE ACCORDINGLY. NOT

FOR INTERNET POSTING.

1. (U) THIS IS AN ACTION REQUEST. SEE PARA 4

2.
(U) MISSION HAS RECEIVED A LETTER FROM THE SPECIAL
RAPPORTEUR ON TORTURE OF THE COMMISSION ON HUMAN RIGHTS
REQUESTING, FOR A SECOND TIME, INFORMATION ON "ALLEGATIONS OF
TORTURE OR ILL-TREATMENT" OF FOUR FRENCH NATIONALS DETAINED
AT THE GUANTANAMO NAVAL BASE. REF B. REPORTED THE FIRST
COMMUNICATION.

3.
(U) BEGIN TEXT OF LETTER.

"EXCELLENCY,

I REFER TO THE MEETING I HAD WITH MR. DE LAURENTIS AND MR.
PEAY OF THE US MISSION ON 22 OCTOBER 2003. I PRESENTED THEM
WITH A LETTER DATED 22 OCTOBER 2003 CONTAINING ALLEGATIONS OF

TORTURE OR ILL-TREATMENT OF THE FOLLOWING FRENCH NATIONALS

DETAINED AT THE GUANTANAMO BAY MILITARY BASE, CUBA; MR.

DOS-000536
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER

http://cars.stIWEVAIUMUSMAAWAIINT=ET0AS-SiEfEDe+desacquerytext:... 8/2/04
2003GENEVA03873 - UNCLASSIFIED Page 2 of 2

UNCLASSIFIED
( "). 1 YEARS OLD; MR. L rj 24 YEARS B6 OLD MR. .
36 YEARS OLD; AND MR. .I

B6
1 42 YEARS 0 D. I KINDLY REPEAT MY REQUEST TO

MENTTiLDAARL=HE S :STANCE QF THEU
ALLEGATIONS.

AT THE MEETING, MR. DE LAURENTIS AND MR. PEAY HAD UNDERTAKEN
TO PROVIDE ME WITH INFORMATION ON THE SYSTEM OF MILITARY
JUSTICE APPLIED TO THE DETAINEES, INCLUDING CONTROLS,
REGULATIONS AND PROCEDURES, AS WELL AS INFORMATION ON HOW THE
AUTHORITIES HAD TO DEAL WITH ALLEGATIONS OF TORTURE OR
ILL-TREATMENT. I WOULD BE MOST GRATEFUL IF THIS INFORMATION
COULD ALSO BE PROVIDED TO ME.

FINALLY, I HAVE RECEIVED INFORMATION THAT THE US AUTHORITIES
MAY BE PREPARING TO RELEASE AROUND 100 DETAINEES OF DIFFERENT
NATIONALITIES, NOTABLY ALSO PERSONS OF CHINESE ORIGINS, FROM
GUANTANAMO BAY. WHILE THE RELEASE OF THE DETAINEES IS
WELCOME, CONCERN HAS BEEN EXPRESSED THAT SOME DETAINEES MAY
FACE HUMAN RIGHTS ABUSES, INCLUDING TORTURE AND EXECUTION,
UPON RETURN TO THEIR COUNTRIES. I WOULD APPRECIATE RECEIVING
THE COMMENTS OF YOUR GOVERNMENT ON THESE CONCERNS.

ACCEPT, EXCELLENCY, THE ASSURANCES OF MY HIGHEST
CONSIDERATION.

THEO VAN BOVEN
SPECIAL RAPPORTEUR OF THE COMMISSION ON HUMAN RIGHTS ON
TORTURE"

END OF TEXT.

4.
(SBU) ACTION REQUEST. PER REQUESTS IN REFTELS, MISSION
RECOMMENDS THAT THE DEPARTMENT PROVIDE GUIDANCE AS SOON AS
POSSIBLE FOR A RESPONSE TO MR. VAN BOVEN'S REQUESTS. PER REF
B, HE ORIGINALLY REQUESTED A RESPONSE BY NOVEMBER 28, AS
RAPPORTEURS MUST SUBMIT THEIR REPORTS BEFORE THE END OF THE
YEAR, IN PREPARATION FOR THE 60TH SESSION OF THE COMMISSION
ON HUMAN RIGHTS.

5.
(U) MISSION HAS FAXED A COPY OF THE LATEST COMMUNICATION
(DATED DECEMBER 8, 2003) TO IO/SHA, ATTENTION JUNE CARTER
PERRY.

MOLEY

NNNN

2003GENEVA03873 - Classification: UNCLASSIFIED
v1.3.1
DOS-000537

http://cars.state.sgov.gov/docview.asp?ResultMakiNOCIASESIKEsare+desc&qu...... . 8/2/04