AR 15-6 Investigation (Ramadi Palace, Iraq, July 11-12, 2003) re: Executed Rights Warning

This document relates to an AR 15-6 investigations in to alleged detainee abuse at Ramadi Palace, Iraq – July 11-12, 2003. It is an executed rights warning completed by a soldier being interviewed on a matter of alleged detainee abuse. This document is part of an investigation in to an incident related to ACLU RDI 1136 through 1171.

Doc_type: 
Investigative File
Doc_date: 
Wednesday, July 16, 2003
Doc_rel_date: 
Sunday, May 15, 2005
Doc_text: 

RI S WARNING PROCEDUREIWAIVER CERTIFICATE • - ' . .-
-
. or use of this form, see AR 190-30; the proponent agency is QDCSOPS
' • ' • DATA REQUIRED BY THE PRIVACY ACT • • ' ' ..

AUTHORITY: Title 10, United Stales Code, Section'3012(gi
PRINCIPAL PURPOSE: To provide Commanders and law enforcement officials with means by which information may be accurately identified. •
ROUTINE USES: Your Social Security Number is used as an additionalIalternate means of identification to facilitate filing and retrieval •
DISCLOSURE Disclosure of your Social Security Number is voluntary. . •

1. LOCATION j,.... 1.. .,.... -2. DATE 3. TIME 4. FILE NO.
req6 kinA.,""el-I (# (SK. ( fil i (r• 111106?

5. NAME /Lot, As L MtI . . 6 (6 ..._. 8. IZATION 0 ADDRESS ../3 144-it . 19(c) -..s• (c)
G. SSN
GRADEISTATUS -
. _5564 /X4.
PART I. RIGHTS WAIVERINON-WAIVER CERTIFICATE
Section A. Rights
-
The investigator whose name appears below told me that helshe is with the United States Army
.
anil wanted to question me about the foll•wing of (easels) of which I am - A
suspectedfaccused: 1 I, A e. ....,_ ••ie . _ c.....1.... ' -__...„, C.

0.-
Before helshe asked me any questions about the offenseIsl, however, h 'she made it clear to me that I have the following rights:
1. C196% 93ilraa.G.,,
I do not have to answer any question or say anything.
2. Anything I say or do can housed as evidence against me in a criminal trial.
- .
3. (For personnel subject utile UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me
during questioning. This lawyer can be a civilian lawyer !arrange for at no expense to the Government or a military lawyer detailed for me at no expense tame ' , _ -
• Of -•
(For Millions flat subject to the UCht.1) I have, the right to talk privately to a lawyer before, during and after questioning and to have a lawyer present with
me during questioning. I understand that this lawyer can he one that I arrange for at my own expense, or if-I cannot afford a lawyer and want one, a lawyer
will he appointed for me before any questioning begins. -

4. Ill am now willing to discuss the offense(s) under investigation, with or without a lawyer present I have a right to stop answering questions at any time, or' .
speak privately with a lawyer before answering further, even if I sign the waiver below. . - .
.
5. COMMENTS (Continue on Mine side]
. . •
Section B. Waiver
.

,-- \ •
I understand my rights as stated above. I am now wiling to discuss the °Monis) under investigation and make a statement without talking to a lawyer Silt and without having,a•fiwyer 'present with me.
WITNESSES (If available!
la NAME T , ,o Print)
Li. ORDANY2Aili114 OR ADDRESS AND PHONE - ',SIGNA .11 _.:nlygs _GATOR
I
3 Ace. _.... •
.... _ •

2a NAME (rype or Pant) 5. ''PEBNAPAEBF INVESTIGATOR
b. ORGANIZATION OR ADDRESS AND PHONE 6 ORGANIZATION OF INVESTIGATOR
. 1111111111011.' a. Ack
Section C. Non-waiver ,• .
1. I do not want to give up my fights
0 I want a lawyer . 0 Ida not wawa be questioned or say anything
..


2. SIGNATURE OF INTERVIEWEE -
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT IDA FORM 28231 SUBSEQUENTLY EXECUTED BY THE SUSPECTIACCUSED •.-
USAPA 2.0!
DA FORM 3881, NOV 89 EDITION OF NOV 134 IS OBSOLETE

CO3273
DOD 006902


.

PART II • RIGHTS WARNING PROCEDURE I,

THE WARNING
.• . WARNING Inform the suspectlaccused of: can be a civilian you arrange for at no expense to the Government or a military lawyer detailed for you at no
a.
Your official position. expense to you, or both."

b.
Nature of offensels). Or -

c.
The tact that hefshe is a suspectlaccused. (For civilians not subject to the UCALll You have the right to talk privately to a lawyer before, during, and RIGHTS - Advise the suspecUaccused of hislher rights as follows: after questicrning and to have a lawyer present with you during questioning. This lawyer can be one you 'Before 1 ask you any questions, you must understand your rights." arrange for at your own expense, or if you cannot afford a lawyer and want one, a lawyer will be appointed

a.
"You do not have to answer my questions or say anything." for you before any questioning begins.'

b.
"Anything you say or do can be used as evidence against you in a criminal trial." IFor personnel subject to the UCMJ) 'You have the right to talk privately to a lawyer before. d. "If you we now willing to thscuss the offense(s) under investigation, with or without a lawyer

c.
during, and after questioning and to have a lawyer present with you during questioning. This present, you have'a right to stop answering questions at any time, or speak privately with a

lawyer lawyer before answering further, even if you sign a weiver •certificate." Make certain the suspectlaccused fully understands hislher rights. •
THE WAIVER
'Do you understand your nights?' "Do you want a lawyer at this line?' (If the suspectlaccused says "no,' determine what is not understood, and if necessary repeat the (If the suspectfaccused says "yes," stop the questioning eittil hetshe has a lawyer. If the suspectfaccused appropriate rights advisement. If the suspectlaccused says "yes," ask the following question.) says 'no," ask Nati the following question.) •
"Have you over requested a lawyer after being read your rights?" "At this time, are you willing to discuss the offense(s) under investigation and make a statement without
lif the suspectlaccused says 'yes,' find out when and where. It the request was recent (ie., fewer than 30 talking to a lawyer and without having alawyer present With you?" (II the suspect/accused says "no," stop
days ago), obtain legal advice whether to continue the interrogation. If the suspectlaccused says "no," or it the interview and have hist/her read and sign the non-waiver section of the waiver certificate on the other the prior request was not recent, ask him/her the following question.) side of this loan. If the suspect/accused says 'yes," have him/her read and sigisthe waiver section of the
'• N waiver_certificase mike other_side_olthis_felm,) . _ _
SPECIAL INSTRUCTIONS
WHEN SUSPECTIACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the suspectlaccused orally waives hislher rights but refuses to sign the waiver certificate, you may proceed with the questioning. Make notations on the waiver certificate to the effect that heJshe has stated that he/she understands hislher rights, does not want a lawyer, wants to discuss the offensels) under investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In at cases thrwaiver certificate must be completed as soon as possible. Every effort should be made tq complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, A in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
1. If the supsect/accused has made spontartedus incriminating statements before being properly advised of hislher rights hefshe should be told that such statements do not obligate hire/her to answer further questions.

COMMENTS (Continued)
2. If the suspetUaccused was questioned as such either wijhout being advised of hislher rights or some
• question exists as to the propriety of the first statement, the accused most be so advised. The office IA
the serving Staff Judge Advocate shbuld be contacted for assistance in drafting the [know rights advise!.

NOTE: If 1 or 2 applies, the fact that the suspectlaccused was aditised accordingly should be noted in the comment section on the waiver cerificate and initialed by the suspecilaccused.
WHEN SUSPECTIACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision aliout requesting counsel (for example, "Maybe I should get a lawyer.", further questioning must cease immediately. At that point, you may question the suspectlaccused only concerning whether he or she desires to waive counsel. The questioning may not be attired to discourage a suspectlaccused from exercising hislher rights. (For example, do not make such comments as 'If you didn't do anything wrong, you shouldn't need an allorney."1
USAPA 02.01
REVERSE OF DA FORM 3881

C013274

DOD 006903

Doc_nid: 
3456
Doc_type_num: 
66