News-Info-Alerts

To: ALL

From: Andi Wolos & Bob Necci

(POW-MIA InterNetwork)

Re: White House Press Briefing on POW Status

Date: February 07, 2002

NOTE: NON-relevant Q & A edited out by AII POW-MIA.

"For Immediate Release
Office of the Press Secretary
February 7, 2002

Press Briefing by Ari Fleischer

1:00 P.M. EST

MR. FLEISCHER:  Good afternoon.  Let me give you a report on the President's day, and then I have a travel announcement I'd like to make.  The President this morning had his usual round of intelligence, FBI briefings, with the Homeland Security Council, as well.  Then he participated in the National Prayer Breakfast.

EDITED BY AII POW-MIA

With that, I'm happy to take questions.

Q    Can you tell us about the President's decision on the detainees in Guantanamo Bay?

MR. FLEISCHER:  Ron, at this moment, I have nothing to report on that topic.  When we have something to share we will get it out and --

Q    What was the question?

MR. FLEISCHER:  Mr. Fournier, would you like to ask your question louder?

Q    Can you tell us about the President's decision on Guantanamo Bay?

MR. FLEISCHER:  Were you able to hear that?  The question was, will you tell us about the President's decision on Guantanamo Bay.  And the answer is that there is nothing to report at this moment.  When we have something to report, we will, of course, provide it in its entirety.  But there's nothing to report right now.

Q    Can you confirm the report that's out there?

Q    Can you tell us why the President has decided that the Geneva Convention applies to the conflict, itself, and the Taliban fighters, but not al Qaeda and other terrorists?

MR. FLEISCHER:  Again, there's nothing to report at this moment.  And whenever we have something, you will get it and you will have it in full fashion.

Q    Are you denying that he's made a decision on it?

MR. FLEISCHER:  Again, as you know, John, there are times when decisions are made, but there are some notifications, et cetera.  And so, until everything is notified, I'm not going to get into this topic in any great length.  But you will have information provided to you in its entirety as soon as all is available.

Q    You're not knocking down the story.  You're not saying what's out there in the wires right now is incorrect?

MR. FLEISCHER:  I'm saying that when the White House has something to report to you, we will report it.  You will have it in a full fashion.

Q    Will the President make an announcement, or will it be on paper?

MR. FLEISCHER:  Well, the President is going to be having an event tonight.  As you know, it is a press pool event, so you are certainly free to ask the President anything on your minds.

Q    Is that expected today?

MR. FLEISCHER:  I'm sorry, Jim?

Q    Do you think something today on this matter?

MR. FLEISCHER:  I hesitate to make predictions as to timing.  As soon as all timing is taken care of, it will be released in its entirety.

EDITED BY AII POW-MIA

Q    Could I come back to the prisoner issue for a second here?  If you can't tell us about an actual decision, since this is the only time we're going to get public comment from you today, can you at least tell us about the deliberative processinvolved and the decision making process in giving certain status to Taliban members as opposed to al Qaeda members?  If you can just talk about the concerns and the deliberative process?

MR. FLEISCHER:  The President has held a series of meetings with this National Security Council, and has discussed the various legal issues involved in the applicability of the Geneva Convention.  In all cases, the President will reflect a policy that is a given with America's traditions of treating military detainees well, treating them humanely, giving them full rations of food, three meals a day, medical treatment.  All of that will be a given, no matter what decisions the President makes, because that's a reflection of the values of the United States and the way our military treats people.

The legal issues that are involved, in terms of the applicability of the Geneva Convention, particularly given any distinctions that may or may not be made between the al Qaeda and the Taliban are issues that have been a subject of discussion with the National Security Council.  That's something that you will hear from -- at the appropriate time.

Q    What role did international pressure play in the deliberations?

MR. FLEISCHER:  This has really been a discussion that was centered around the thoughts of the national security team.  And the national security team, as you know, has always said that these detainees should not be treated as prisoners of war, because they don't conform to the requirements of Article 4 of the Geneva Convention, which detailed what type of treatment would be given to people in accordance with POW standards.  That's a very easily understood legal doctrine of Article 4.

For example, the detainees in Guantanamo did not wear uniforms. They're not visibly identifiable.  They don't belong to a military hierarchy.  All of those are prerequisites under Article 4 of the Geneva Convention, which will be required in order to determine somebody is a POW.

There's a broader issue about the important principles of the Geneva Convention, and the President's belief in the Geneva Convention as an important governing doctrine.  And you will hear more about it.

Q    Just one more, if I could.  What do you lose if Taliban fighters are declared eligible under the full provisions of Article 4 of the Geneva Convention, versus the status that they enjoy right now?

MR. FLEISCHER:  Well, that's not an issue under discussion, John, because the determination has already been made that neither the Taliban nor the al Qaeda are prisoners of war.  We've heard that repeatedly from Department of Defense, from this podium.  So that's not under discussion.

EDITED BY AII POW-MIA

Q    Going back to Arafat and terrorists, the Wall Street Journal reporter is still held against his will in Pakistan.  The troubling thing is that his captives are asking that F-16s should be released to Pakistan and also Pakistanis are held in Cuba also should be released.  Now, what I'm asking you, what is the President doing for his release, using his power to get his release?  And also if General Musharraf comes next week here, if he's going to bring him with on his plane?

MR. FLEISCHER:  Obviously, this is an issue that is very troubling to all Americans and to the President.  The President is very concerned about what has happened with the kidnapping of Mr. Pearl.  It is the longstanding policy of the United States government, and that remains in place, that the United States government does not and will not negotiate.  But the United States has worked very productively with Pakistan.

Pakistani authorities are doing all they possibly can to obtain the release of Mr. Pearl.  The United States is fully satisfied with the actions of the Pakistani government.  And if there's any one thing that the kidnappers need to know is that they should release Mr. Pearl unconditionally and immediately.

Q    Does the President believe that or he agree that terrorism is still there in Pakistan, whether they're al Qaeda or whether they're Taliban backers or whoever they are, they are still in Pakistan, despite the border security --

MR. FLEISCHER:  Well, clearly, the President has designated two entities in Pakistan as terrorist organizations and has frozen their assets, and has found good cooperation from President Musharraf in taking action against these groups.

Q    On the Geneva Convention, one clarification.  A decision to apply the Geneva Convention to Afghanistan and to Taliban fighters would not, I believe you were saying, would not have any effect on the decision to declare them as non-POWs?

MR. FLEISCHER:  No, that's a settled matter, and it's been settled for weeks.

EDITED BY AII POW-MIA

Q    Ari, I have a couple more questions about this decision that you have yet to announce, whether or not you have anything to announce.  Should the Taliban prisoners, however you want to characterize them, unlawful combatants, whatever, be given full provision under the Geneva Convention, what changes for them?  Do they get stipends for cigarettes?  Do they only have to give name, rank and serial number?  Will they be released when cessation of hostilities is officially declared?  What changes if you fully apply the Geneva Convention to them?

MR. FLEISCHER:  One of the interesting issues of Article 4 of the Geneva Convention deals with if you were to deem somebody as a prisoner of war, the United States government would be obligated to pay them a monthly stipend.  The United States government would be obligated to give the al Qaeda or the Taliban detainees, the al Qaeda terrorists in Guantanamo musical instruments.  Those would be obligations imposed upon a government under the prisoner of war aspect of Article 4 of the Geneva Convention.

And that, as I mentioned, is a settled issue.  There is no dispute about it.  They are not, will not be considered prisoners of war, neither the al Qaeda or the Taliban.  That's an example.

Q    So you don't change their classification, but if you decide to fully apply the Geneva Convention to them, even though you don't declare them prisoners of war, what changes for them?

MR. FLEISCHER:  Let me -- once the decision is released, you will be informed of it fully.  I just -- I have to leave it at that.

EDITED BY AII POW-MIA

MR. FLEISCHER:  Thank you.

END                              1:28 P.M.  EST "