Investigation of photographs taken of a hooded and flexcuffed detainee in a stress position with a U.S. soldier simulating sodomy on him with a broomstick. Investigation shows that the detainees were not put into the stress positions for reasons of the photograph, but were already in these positions for interrogation purposes when the photo was taken. The investigator also finds that the soldiers did not do any physical harm to the detainee, though this does not absolve them of guilt.
8 4 o D 02 3 672 75
REPORT OF PROCEEDINGS BY INVESTIGATING OFFICER/BOARD OF OFFICERS
FOC use of this form, see. AR 15 -6; the proponent agency is OTJAG_
IF MORE SPACE IS REQUIRED.
IN FELLING OM' ANY poRriayOF
TiIi$ FORM, ATI4(11 ADDITIONAL SHEETSSECTION 1-APPOINTMENT
r..);746d, by MG Charles H. Swannack, Jr:
(Appointing authority)
13 MAY 04
(Date) (Attach inclosure 1: Letter of appointment or summary of oral appointment data.) (See pare 3-15, AR 15-6.)
SECTION - SESSIONS .
(Investigation)a (board) commenced at
HQ, 82d Airborne Division, Fort Bragg, NC 28310
(Place)
y04
(If a formal board met for more than (rune) one session, check here ID . IndiCate in an inclosure the time each session began raid
arsons present and absent, and explarzation of absences, if any.)
The following
persons (members, respondents, counsel)
each Mane, indicate capacity, e.g., President, Recorder, Member, Legal Advisor.) were
loWing persons
(members, respondents, counsel) •
were absent:
(Include brief explanation
of each absence.) (See paras 5-2 and 5-8a, AR 15-6)
est/gating ) (board) finished gathering/hearing evidence at
• 1400
17 TUN 04
(lime) on
Acted Aadingi and recommendations at 0800 (Date)
-
(lime) on 21 JUN 04 (Date)
SECTION III - CHECKLIST FOR PROCEEDINGS
LL _OASES
arbd,tainibeied consecutively with Roman
numerals: (Attached in order listed)
eat or .4Suonnary of oral appointinent data?
'.:f.ftc,riderit if any?
(See item 9, below) neg with respondent or counsel, if any?Wi ttfentoor from the appointing authority?
care. if statement provided orally)?
C.7)investiering
officer or board of any unusual delays, difficulties, irregularities. or other problems
absenceof material witnesses)? CO s to sessions of
CD
a krinal board not inclUded on page 1 of this report? .
Catit.TaPers
(other than evidence)
relating to administrative aspects of the investigation or board?
p
eililcegailve answers on an attached sheet_
**the Na column constitutes a positive representation that the circumstances described in the
aboard
-
ts -(Mtia 3-16, AR 15-6)
all .
..,,......., ¦
.offered (whether or not received) I D
it§ and attached to this or considered as evid
report?
ence individually numbered or lettered'ai
e)t-tifall:eXhibits offered to or considered by investigating officer or board attached
eteStinotiy/Statement of
int?: each witness been before the first exhibit?
cdpit;s„ deSeripdpns, or depictions recorded verbatim or been reduced to written font/ and attached as
location of the original evidence indicated?
Properly an
(if substituted for real or documentary evidence)
escriptitinS Or diagranis included of locations Visited by the and is
acfi - written. sti
pulation attached as an exhibit investigatingofficer or board
ibit Or re and is (Para
d (Para3-6b AR 15-0?
,e)thcorde in a verbatim record? each oral stipulation either reduced:to
. writing
ictal made an
..„,„,..
of any matter as
over the objector/ of a respondent or cotirisel, is
likii;offioi# notice ,was taken attached as
4.1. al 0: t:iiiiiptesent when the an exhibit (pare 3-164 AR 15-6)? 'a statement of the matter
ttE- y board voted on findings and recommendations
(paras 4-1 and
FOR FORM4L, BOARD PROCEEDINGS -5-2b, AR 15-6)?
session,
(Chapter 5, AR 15-6)
did the recorder read, or determine that all participants had read. the letter of
ns a quorum present -at every sessiOn of the board-antra 5-2b, AR 15-6)?
icateie eitee appointment
Ye; (para 5-3b, AR 15-6)?
of anY:memher Properly eXctised
'in , :tnesSe-(para 5-24 AR 154) ?
Sireporter, and interpreter sworn, if required (Pa3-1, AR 15-6)?
Phi 1,1;
voted on findings or
scribe how recommendations were not present when the board received some evidence,-
-they familiarized themselves with that evidence
": PQNTANT @are-S-24-4R 15-6)7
sgP.s
.br.1
WAS DESIGNATED
ata':5=.5", 412
Cha
. 15-6): (Sec'tion II, pter 5, AR 15-6)
in e
date
of delivery to the respondent indicated on each fetter
to :
Ode/I:Very at least five-working days prior to the ofnotification?
.e3 .1ett first session of the board?
01er_tiC M)tificaticitt indicate —
c4, 4:0y and place of the first session
of the board concerning that respondent?
matter to be investigated, includintspecific allegations against the respondent, if any?
respondent's rig* with regard to counsel?
name and
of each witness
the expected to be called by the recorder?
ntletits;rights to be present, present evidence, and call witneses?
the:reS
respo
.
ndent provided a copy of all tinelas.sified documetts ill the case file?
ere*.TS:i.ere.Y4Ftt
es
.---, tit waS designated after the proceedings begaClassified materials, were the respondent and his counsel given access and an opportunity to examine them?
,,, p
roperly notified,` (para 5-5, AR 15-6)? n (or otherwise-was absent during part
Or o
scot' of pOceedings and evidence received in fthe proceedings):
. atas:
e -• IS-45): s
his absence made available for exandnadon by him and his counsel
1)id gspondent
represented by counsel? (para 5-4e, AR 15 -6)?
IneAS
T, ; addresS Of counsel:
awyer check here 0 )
s counsel present at all open sessions
TeNitel ,!,'as. of the board relating to that
requested but not made available, is a copy respondent?
'04:-I '11/01 ed in the report
(or, floral, a .nontnary)
alara 5-6b, AR 15-61?
of the request and the
entC
ed the legal adyisor or any
voting
e;i0
member for lack of impartialityaft, Ay denied and by the appropriate officer?
:kiiennasfully challenged cease (para .S_7, AR 15-6): res
ndenrt given an oppornmity to to participate in the proceedings?
(para S-&z, AR 15-6):
. -Otibsel at all
i-"A•
, ,... 6 t .co i open sessions of the board which deal with any matter which concerns that
tea ony of witnessesntroduction of real and documentary evidence, including
respondent?
and cross written statements?
0 erwise introduce evidence?xamine witnesses other than his own?
s.
rve is
cot:nisei make a final statement or argument
(para 5-9, AR 15-6)? r
rot reCtirder assist the respondent in obtaini
esence of n
witnesses ‘ g evidence in
posse
(para .5-8b, AR 15-6) ? ssion of the Government and inres nt's requests and objections
rC
fiitV which were denied indicated in
(para 5-11, AR I5-6)?
the report of proceedings or in an
:erFPktprallitegative annvers on an attached sheet_
Useeirie mit 2
or, Nerd-casinos constitutes a po.sitive representation that the circumstances described the
in question did not occur in this
VIAENFORtbEitfigArr c•r-._ irrvecw.,,ti--
SECTION IV - FINDINGS
384 04 d' I)
officer) (board), 23 6.72
avra 3-14 AR 15-6)
. re
having cafully considered the evidence, finds:
Et4 sheet
-
s, the RECOMMENDATION
(invesdgadag officer) (board) S (para 3-11, AR 15-6)
recommends: _
Co
tpRicgmprf-4ENst -rwE
Ffictokt. USE ONLY
EUtfln
S
PORT ECTION VI- AUTHENTICATION
'OP PROCEEDINGS IS COMPLEIE AND ACCURATE.
04,:a*----tfie (para 3-1Z AR
reason in the 4pace where his signature should appear.) wait),
voting member or the recorder to sign here or in Section VII
(Recorder)
-(Member)
(Member)
Wernher)
(Member)
stu BION VI!
aka hanclosure MINORITY REPORT
(para 3-13,
*0)9 by lumber each )7nchng and/or r
ix -
, the undersigned do(es) not concur in the findings andreentem. Addizional/mbaitute ecommendation in which the dissenting me recommendations of the board. do(es) not concur_ State the
findings and/or recomnzendations may be included in the inclosure.)
(Member)
(Member)
SECTION VIII - ACTION' BY APPOINTING AUTHORITY
;sand reconutenciations of the [Para 2-3. AR 15-6)EVPb_44fing autho (investigating officer) (board) are (approved)
KtiOn, dttaCh thatcorrespondence (oras (disapproved) (approved withreturns the proceedings to the investigating officer or board for further proceedings or
umracu-following exceptions/
y, f oral) as a numbred inclosure.)
EMENT SENSITIVE
ctA t
—
— -