Investigation into commands by officers to beat detainees. Sworn statements by soldiers and officers claim that such orders would have been made in jest, though some soldiers admit to having taken the orders seriously. Report does not make any conclusions. Includes SOP [standard operating procedure] for detainees at Camp Dragoon.
b ) 1,2(3)
DEPARTMENT OF THE ARMY
Headquarters, 2d Armored Cavairy Regiment
Unit 92401
APO AE 09322-2401
AFZX-C-CO 16 August 2003
MEMORANDUM FOR RECORD
SUBJECT: Appointment of Investigating Officer
1 _ 40111111111111MIMMirt you are hereby appointed an investigating officer pursuant to AR 15-6 to conduct an informal investigation into the circumstances covering o
r°
the actions of411111/1111111111111111111111111111pwhich may have contributed to alleged ROE and Geneva Convention violations. C)
P¦+.
tZA °
2. In your investigation, all witness statements will be sworn. From the evidence, you faa CL. make findings as to whether negligence was involved. C-')
X t a
CD
3. Submit four copies of your findings and recommendations on DA form 1574 to this CI? headquarters, ATTN: AFZX-C-RS1, within 3 days.
CD
FOR THE COMMANDER: 0 0
cr
0
O
ItE Ft,
001584
DODDOA 026998
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with meahs by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE-Disclosure of your Social Security Number is voluntary_
ORG • NIZATION OR ADDRESS
GRADE/STATUS
11101111111•
PARTI - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights
The investigator whose name appears below told me thateis with the Urtited States Army
and wanted to question me g ottenSel5/ of which I am
O
rsj.1,A 4. .41 11i.1:11.4411A,S
"---;;;;4acauGoid:
I
fore heiel4 asked me any questions about the of fenseisi, however, heislae made it clear to me that I have the following rights:
1 do not have to answer any question or say anything.
Anything I say or do can be used as evidence against me in a criminal trial.
(For personnel subject tithe UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me fes.
during questioning:. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed lor me at no expense to rn a
or both- k0
or
0
(For civilians nor subject to the LICIVIJ) 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 be one that I arrange for at my own expense, or it I cannot afford a lawyer and want one, a lawyer O will be appointed For me before any questioning begins.
If I am now willing to discuss the of fenseisi under investigation, with or without a lawyer present. I have a right to stop answering questions as any time, or speak privately with a lawyer before answering further, even if I sign the waiver below.
COMMENTS (Continue on reverse •side)
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offenseld under investigation and make a statement without talking to a lawyer first and
without having a lawyer present with me.
OF INTERVIEW
WITNESSES (If available)
la. NAME (Type or Puny)
-
b. ORGANIZATION OR ADDRESS AND PHONE
(Type or Print) TYPED NAME OF INVESTIGATOR
2a. NAME
ORGANIZATION OF INVESTIGATORb. ORGANIZATION OR ADDRESS AND PHONE
Section C. Non -waiver
1.
I do not want to give up my rights
I want a lawyer
2.
.SIGNATURE OF INTERVIEWEE
SOA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSEDATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT
US APA 2.01
EDITION OF NOV 84 15 OBSOLETE
DA FORM 3881, NOV 89
nnnnnA n9RQQa
001585
PART If - RIGHTS WARNING PROCEDURE -
THE WARNING
I. WARNING - tritonm the suspect/accused of:
a.
Your official position.
b.
-Nature of offensefsi.
c.
The fact that he/she is a suspect/accused.
2. RIGHTS - Advise the suspect/accused of his/her rights as follows: "Before I ask you any questions. you must understand your rights."
e.
.."You do not have to answer my questions or say anything. -
b.
'Anything you say or do can be used as evidence against you in a
criminal trial. -
c. Wet personnel subject to the UCMJI "You have the right to talk privately to a iawyer.before, during. and after questioning and to have a lawyer present with you during questioning. This lawyer
'Do you understand your rights?"
ill the suspect/accused says "no," determine what is not understood, and it
necessary repeat the appropriate rights advisement. If the suspect/accused
says 'yes." ask the following Question.)
"Have you ever requested a lawyer alter. being read your rights?"
Of the suspect/accused says "yes, — find out when and where. If the request
was recent ti.e., fewer than 30 days ago), obtain legal advice whether to
continue the interrogation: 1f the suspect/accused says "no." or ii the prior
request was not recent, ask himlher . the following question.)
can be a civilian you arrange for at no expense to the Government or a military lawyer detailed for you at no expense to you, or both."
- or -brat civilians•not subject to the 1ICMJ1 You have the right so talk privately to a lawyer before, during, and after •questioning and to have a lawyer present with •
you during questioning. This lawyer can be one you arrange for at your on expense, or if you cannot afford a lawyer and want one, a lawyer will be appointed for you before any Questioning begins. -
d. "11 you are now willing to discuss the offensels1 under investigation, with or without a lawyer present, you have a right to stop answering questions at any tirne, or speak privately with a lawyer before answering further. even it you sign a waiver certificate. -
make certain the suspect/accused fully understands his/her rights.
THE WAIVER
"Do you want a lawyer at this time?'
III the suspect/accused.says 'yes," stop the questioning until he/she has a
lawyer. If the suspect/accused says "no.' ask him/her the following Question./
"At this time, are you willing to discuss the offenseisk under investigation and
make a statement without talking to a lawyer and without having a lawyer
present with you?" al the suspect/accused says "no, -stop the interview and
have him/her read and. sign the non-waiver section of rhe waiver certificate on the other side of this form. II the susPecf/accused says "yes.' have him/her
read andsighrhe waiver section of the waiver certificate on the other side of
this form.)
SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: li the suspect/accused orally waives his/her rights but refuses to sign the waiver certificate. you may proceed with the Questioning. Make notations on the waiver certificate to the eflect that he/she has stared that he/she understands his/her rights. does not want a lawyer. wants to discuss the off ensels) under investigation, and reluses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all
cases the waiver certificate must be completed as seen as possible. Every
effort should be made to complete the waiver certificate belore any
questioning begins. if the waiver certificate cannot be completed at once, as
in the case of street interrogation, completion may be temporarily postponed.
Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
S. If the supsectiaccused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do nor obligate him/her to answer further questions.
COMMENTS (Continued!
2. if the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office ol the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advise!.
NOTE: It 7 or 2 applies. the fact that the suspect/accused was.advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS MMECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting Counsel {for example, "Maybe i should get a lawYer."1, further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a Suspect/accused Morn exercising his/her rights.
IRK example, do not make such comments as "If you didn't do anything wrong. you shouldn't need an attorney.")
USAPe V2.01.
REVERSE OF DA FORM 3881
001586
nnnnn A nn nnn
,
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190.30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: . Title 10. United States Code, Section 301249/
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 additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE:.• Disclosure of your Social Security Number is voluntary.
1. LOC, ON • 2. DATE 3. TIME 4. FILE NO.
,Ort-4 do.)/ J41,461 1 ..2o3 a • 1
8. ORG NIZATION OR ADDRESS
. SSN 7.
PART 1.- RIGHTS. WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights
-
Cs
The investigator whose name appears below told me the + with the United_ States Army • t -i
arid wanted to question me about t e to/lowing off enselsi of which I am 0 suspected/accused: (4-C.4-10/1 S LAO-- frwki isftv-{._ t—Vs-ki.hol-cnt lb Alkyd ROE Arid elte1E014 Coeiuge-rhok 1.ica.lei-tom3 Before he/s4e4asked me any questions about the offenseIsi, however, heiahe made it clear to me that I have the following rights:
1—•
1.
1 do not have to answer any question or say anything.
CI,
2.
Anything I say or do can be used as evidence against me in a criminal trial. i—r-
3 (For personnel subject orhe UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me :
. l...0.
during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to r z or both: CCa
-Of • CD
C.. 5.4
(For civilians no subject to the LICIv1.11 I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with r--. me during questioning. I understand that this lawyer can be one that l arrange for at my own expense, or if I cannot afford a law yer and want one, a lawyer writ be appointed for me before any questioning begins.
4.
If I 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 CU speak privately with a lawyer before answering•further, even if I sign the waiver below.
1 ,
5.
COMMENTS (Continue on reverse side) ra 1
Cb
SeOtion B. Waiver O I understand my rights as stated above. .I am now willing to discuss the offenselsi under investigation and make a statement without talking to a lawyer first and
1
without having a lawyer present with me.
WITNESSES (If available) . 3. SJ
la. NAME (Type or Prowl
ORGANIZATION OR ADDRESS AND PHONE 4. I AT 0
2a. NAME (Type or Print) 5. ST G
b. ORGANIZATION OR ADDRESS AND PHONE 6. 11111.111/1011
• .... _ _.
_..... • --
Section C. Non-waiver
I do riot want to give up my rights
U I do not want to be questioned or say anything
. I want a lawyer
2. SIGNATURE OF INTERVIEWEE
ATTACH TI-US WAIVER CERTIFICATE TO ANY SWORN STATEMENT MA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
EDITION OF NOV 84 IS OBSOLETE
DA FORM 3881, NOV 89
001587
DODDOA 027001
PART fk - RIGHTS WARNING PROCEDURE
THE WARNING
WARNING - Inform the suipectlaccused ol:
a.
Your official position.
b.
Nature of olfenselsl. •
c.
The fact that he/she is a suspect/accused.
RIGHTS - Advise the suspect/accused ol his/her rights as follows: .
-Before I ask you any questions, you must understand your rights."
a.
You do not have to answer my questions or say any thing."
b.
"Anything you say or do can be used as evidence against you in a criminal trial."
c.
Weir personnel subject to the UCMJ) 'You have the right to talk privately to a lawyer before, during, and atter questioning and to have a lawyer present with you during questioning. This lawyer
THE WAIVER -
'Do you understand your rights?"
III thesuspectiaccused says "no," determine what is not understood, and it
necessary repeat the appropriate rights advisement. If the suspect/accused
says 'yes." ask the following question.)
Have you ever requested a lawyer alter being read your rights?" III the suspect/accused says "yes,' find out when and where. If the request was recent (i.e., fewer than 30 days ago/. obtain legal advice whether to continue the interrogation. II the suspect/accused says "no," or if the prior request was not recent. ask him/her the following question.). •
SPECIA
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE! If the suspect/accused orally waives his/her rights but refuses to sign the waiver certificate, you may proceed with the questioning. Make notations on the waiver certificate to the elect that he/she has stated that he/she understands his/her eights, does not want a lawyer, wants to discuss the offenselsl under inve s tigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate muse be completed as soon as possible. Every ellort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation. completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS: •
1. 11 the supsectlaccused has made spontaneous incriminating statements before being property advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questions.
COMMENTS /Continued/
can be a civilian you arrange for at no expense to the Government or a military lawyer detailed for you at no expense to you, or both." • -or -
(For civilians not subject to the UCMJ) You have the right to talk privately .to a lawyer before, during, and alter questioning and to have a lawyer present with you during queStioning. This lawyer can be one you arrange for at your own expense, or it you cannot afford a lawyer and want one, a lawyer will be appointed for you before any questioning begins."
d. 'II you are now willing w discuss the offenseisl under investigation, with or without a lawyer present, you have a right to stop answering questions at any time, or speak privately with a lawyer before
• answering lurcher. even ii you sign a waiver certilicate." Make certain the suspect/accused fully understands his/her rights.
"Do you want a lawyer at this timer
Ill the suspect/accused says "yes. -stop the questioning until. he/she has a.
lawyer. if the suspect/accused says "no." ask him/her the following question.)
"At. this time, are you willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer and without having a lawyer present with you?" fff the suspectIaccused says "no," stop rhe interview and have him/her read and sign the non-waiver section of the waiver certificate on the ocher side of this form. if the suspect/accused says "yes." have him/her read and sign the waiver section of the waiver certificate on the other side of this form.)
INSTRUCTIONS
2, ft the suspect/accused was questioned as such either without being advised af his/her rights or sortie question exists as to the propriety of the First statement, the accused roust be so advised. The ollice al the serving Staff Judge Advocate should be contacted for assistance tri drafting the proper rights advisal.
NOTE-. If 1 or 2 applies, the fact that the suspect/accused was advised accordingly should be rioted in the comment section on the waiver certificate arid initialed by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: if during the interrogation, the suspect displays indecision about requesting counsel Star example. 'Maybe I should get a lawyer."). further questioning must cease immediately. At .that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not. be utilized to discourage a suspect/accused (torn exercising his/her rights. (For example, do not make such comments as "It you didn't do anything wrong, you shouldn't need an attorney-"l
USAVA 1
REVERSE OF DA FORM 3881
001588
nnnnn r177rInn
AUTHORITY: PRINCIPAL PURPOSE: ROUTINE USES: DISCLOSURE;
1. LOCATION
(
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30: the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
Title 10, United States Code,.Section 3012(g) To provide commanders and law enforcement officials with means by which information may be accurately identified. . Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval. Disclosure of your Social Security Number is voluntary..
2. DATE 3. TIME 4. FILE NO
(1444 r i;eA6o0,,,/ .16 A-Lmi 03 1zi.?-0
5.
ME 8. ORG
6.
7. GRAD r.1-----1 L A-71 459
PART I - R1GHTS.WAIVER/NON-WAIVER CERTIFICATE Section A. Rights
The investigator whose name appears below told me the is with the United States Army and wanted to question me about the Iollowing ottenseIsl of which I em
i.
suspected/accused: a 5 . • E AL... - a ft. , • ;A A
s-
BeforeOshe asked me any questions about the oftenselsi, however made it clear to me that 1 haVe the following•rig s +-
r-
5. I do not have to answer any question or say anything.
2-Anything f say or do can be used as evidence against me in a criminal trial. , C C
3. (For personnel subject orhe UCMJ I have the right to talk privately to a lawyer before. during• and after questioning and to have a lawyer present with me t.JC a during questioning. This lawyer can be a civilian lawyer I arrange Ins at no expense to the Government or a military lawyer derailed lot me al no expense to me -
4 C
or both. C
CI
'5
-Of - C
C
(For civilians nor subject to the ))CMJ) I have the right to talk privately to a lawyer before. during, and after questioning and to have a lawyer present with I— me during questioning. I understand that this lawyer can be one that I arrange lot at my own expense, or if I cannot al lord a lawyer and want one. a lawyer will be appointed lot me before any questioning begins.
4. If I am now willing CO discuss the offensets) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time. at CD speak privately with a lawyer before answering !Luther. even it I sign the waiver below. 0
C
S. COMMENTS (Continue on reverse side)
,CD
Section B. Waiver 0 I understand my rights as stated above. I am now willing to discuss the of lensels) under investigation and make a statement without talking to a lawyer first and C
without having a lawyer present with me-
r WITNESSES IV available) 3. ,t l¦ AI
15. r Print)
b. ORGANIZATION OR ADDRESS AN "F INVEST) TOR •
2a. NAME (Type or Pcia(1 TYPED NAN1 NVEST1GATOR
ORGANIZATION DR ADDRESS AND PHONE 6. ORG ST/GATOR
Section C. Non-waiver
1.
i do not want to give up my rights 0 I do noE want to be Questioned or say anything
2.
SIGNATURE OF INTERVIEWEE
0 I want a Lawyer
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT IDA FORM 28231 SUBSEQUENTLY EXECUTED 61' THE SUSPECT/ACCUSED
EDITION OF NOV 84 IS. OBSOLETE
. USAPA 3.01
DA FORM 3881, NOV 89
001589
DODDOA 027003
PART if - RIGHTS WARNING PROCEDURE
THE WARNING
i.
WARNING - Inform the suspect/accused of:
a.
Yciur of ficial position.
b.
Nature of off ense{sl.
c.
The fact that he/she is a suspect/accused.
2. RIGHTS • Advise the suspect/accused of his/her rights as follows: 'Before 1 ask you any questions. you must understand your rights."
a.
-You do not have to answer my .questions or say anything."
b.
"Anything you say or. do can be used as evidence 59eirkat you in a
criminal trial. -
c. (Fos personnel. subject to the UCMJI "You have the right to talk privately to a lawyer before. during. and after questioning and to have a lawyer present with you during Questioning. This lawyer
-0o you understand your rights?"
III the suspectiaccused says -no. -determine what is not understood, and U
necessary repeat the appropriate rights advisement. If the suspect/accused
says 'yes, -ask the following question.)
-Have you ever requested a lawyer al ter being read youi -rights?'
{If the suspect/accused says "yes," find out when and where. if the request
was recent tri.e., fewer than 30 days agok• obtain legal advice whether to
continue the.interrogation. It the suspect/accused says 'no." or if the prior
request was not recent, ask him/her the following ouestion.1
( can be a civilian you arrange for at no expense to the Government or a military lawyer detailed for you at no expense to you. or both."
I
-Or -1 /For civilians not subject to the 1101.4.1.1 You have the right to talk privately to a
•
I lawyer before, during, and after questioning and to have a lawyer present with . you during questioning. This lawyer can be one you arrange lor at your own expense, or if you cannot atlord a lawyer and want one. a lawyer will be appointed for you before any questioning begins."
d.
-If you are. now willing to discuss the of fense{s) under investigation, with or without a lawyer present. you have a right to step answering Questions at any time • or speak privately with a lawyer before answering further, even if you sign a waiver certificate. -
' Make certain the suspect/accused fully understands his/her rights.
THE. WAIVER
"Do you want a lawyer at this time?" IIS the suspect/accused says 'yes. -stop the questioning until he/she has a lawyer. If the suspect/accused says "no." ask him/her the following question.l
AS this time, are you willing to discuss the offensets1 under investigation and make a statement without talking to a lawyer and without having a lawyer present with you?" (If the suspect/accused says "no, - stop the intervrey, and have him/her read and sign the non-waiver section of the waiver certificate on the other side of this form. If the suspect/accused says "yes," have him/her read and sign rhe waiver sectron of the wa ,ver cerhficato on the other side of this form.)
SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: 11 the suspect/accused orally waives his/her rights but refuses to sign the waiver certificate, you may proceed with the questioning. Make notations on the waiver certificate to the effect that he/she has stated that he/she understands his/her rights, does not want a lawyer. wants to discuss the ofiense{s1 under investigation. and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED fMlalEDIATELY: In all cases the waiver certificate muss be completed as soon as possible. Every effort •should be made to complete the waiver certificate before any questioning begins. II the waiver certificate cannot be completed at once, as in the case of street interrogation • completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR FNCRIMINATING STATEMENTS:
1. If the supsectlaccused has made spontaneous incriminating Statements before being properly advised of his/her rights he/she should be told that such statements do not Obligate him/her to answer further questions.
COMMENTS (Continued)
2. If the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights adv.isal.
NOTE: If 1 or 2 applies, the tact that the suspect/accused was advised accordingly should be noted in the comment section on the waive-certificate and initialed by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation. the suspect displays indecision about requesting counsel for example, "Maybe I should get a lawyer."). further questioning must cease immediately. At that point, you may question the susoeCSlaccused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example. do not make such comments as "if you didn't do anything
wrong, you shouldn't need an attorney.")
. USAPZ..2.01
REVERSE OF DA FORM 3881
001590
nnnnnA no7rirm
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE For use ol this form, see AR 190.30; the proponent agency is OEtCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: PRINCIPAL PURPOSE: ROUTINE USES: DISCLOSURE: • Title 10, United States'Code, Section 3012lg) To provide commanders and law enforcement officials with means by which information may be accurately identified. Your Social Security Number is used as an additionallalternate means of identification to facilitate filing and retrieval. • Disclosure of your Social Security Number is voluntary.
LOCATION . DATE TIME FILE NO.
CLAMP bect 6.(z,P /(17 P-(., C"
-NAME (Last First, 4fr
PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights
fl
The investigator who name appears below told me tha -he is with the United States Army 02 t/ and wanted to question me about the following o enselsl ol which I em 0
suspectediaccused: ro? QrA0 {...).0 it Y4 ft 0
•—•
Befor&she asked me any questions about the oflensels}, however, hel he made it clear to me that I have the following rights: CD /--1
1 I do not have to answer any question or say anything. °
2 Anything I say or do can•be used as evidence against me in a criminal trial.
3.{Wor personnel subject ache 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 tan be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me.
lC))
or both.
CD
E
-or -
IFor civilians not subject to the L1CMJ1 1 have. the right to talk privately to a lawyer before, during, and alter questioning and to have a lawyer present with
me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want 0,,e, a l awyer
will he appointed for me before any questioning begins.
if I am now wilting to discuss the oflenselsl under investigation, with or without a lawyer present ; I have a right to stop answering questions at any time, or
CD
C)
speak privately with a lawyer before answering further, even if 1 sign the waiver below. •
O
CD
COMMENTS (Continue on reverse side)
CD
Section B. Waiver CD
I understand my rights as stated above. I am now willing to discuss the ollenselsl under investigation and make a statement without talking to a lawyer hist and
1—¦ without having a IaWyer present with me.
WITNESSES (If available] SIGNATURE OF INTER _WEE
ORGANIZATION OR ADDRESS AND PHONE
NAME (Type.01 Print),
ORGANIZATION OR ADDRESS AND PHONE
Section C. Non-waiver I do not want to give up my rights 0 I want a lawyer
0 I do nor want to be questioned or say anything
SIGNATURE OF INTEFIVIEvVEE IDA FORM 28231 SUBSEQUENTLY EXECUTED BY THE SUSPECTJACCUSEDATTACH THIS WAIVER CERTIFICATE TQ ANY SWORN STATEMENT
USAF .01
EDITION OF NOV Ba IS OBSOLETE
DA FORM 3881, NOV 89
Doman, n77nnR
001591
PART 11 - RIGHTS WARNING PROCEDURE
THE WARNING
3. WARNING inform the suspecuaccused of;
a.
Your official position.
b.
Nature of oilensets).
c.
The fact that he/she is a suspect/accused.
2. RIGHTS - Advise the suspect/accused of his/her rights as follows; "Before I ask you any questions, you must understand your rights."
a.
• You do not have to answer my questions or say anything. -
b.
"Anything you say or do can be used as evidence against you in a
criminal trial."
c. (For personnel subject to the UCM..11 "You have the right to talk
privately to a lawyer belore, during, and after questioning and to have . a lawyer present with you during questioning. This lawyer
'Do you understand your tights?" (11 the suspect/accused says "no. -determine whet is not understood. and if necessary repeat the appropriate rights advisement_ If the suspect/accused
• says 'yes," ask the following question.)
'Have you ever requested a lawyer after being read your rights?"
of the suspect/accused says "yes. -find out when and where. If the request • was recent (4e., fewer than 30 days ago), obtain legal advice whether to continue the interrogation. It the suspect/accused says "no." or If the prior request was not recent. ask him/her the following Question.)
1
I can be a.civilian you arrange for at no expense to the Government or a military 1 lawyer detailed for you as no expense to you, or both. -- OF -/Per civitiens not subject to the UC114-fi You have the right to talk privately to a
1 lawyer before, during, and atter questioning . and to have a lawyer present with I you during questioning. This lawyer can be one you arrange for at your own i expense, or if you cannot afford a lawyer and want one, a lawyer will be I appointed for you before any questioning begins. -
d. -If you are. now willing to discuss the of fenseisl under investigation, with or without a lawyer present, you have a right to stop answering questions as any time, or speak privately with a lawyer before answering further, even it you sign a waiver certificate."
Make certain the suspect/accused fully understands hisiher rights.
THE WAIVER
'Do you want a lawyer at this time?"
Ili the suspect/accused says 'yes. -stop the questioning until hershe has a
lawyer. II the suspect/accused says "no," ask him/her the tollowing question.)
"At this time, are you willing to discuss the oftensefs) under investigation and
make a statement without talking to a lawyer and without having a lawyer
present with your (If the suspect/accused says 'no," slop the interview and
have him/her read and sign the non-waiver section of the waiver certificate or
Ole other side of this form. If the suspect/accused says "yes,' have him/her read and sign the waiver section of the waiver certificate on the other side of this form,)
SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the
suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate. you may proceed with the questioning. Make notations on the
waiver certificate to the elf ect that he/she has stated that he/she
understands his/her rights, does not want a lawyer. wants to discuss the
offensetsi under investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate belore any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
I. If the supsect/accused has made spontaneous incriminating statements belore being properly advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questions.
COMMENTS (Continued)
2. 11 the suspect/accused was questioned as such either without being advised Of hisiher rights or some question exists as to the propriety of the first statement, the accused muss be so advised. The office of the serving Stall Judge Advocate should be contacted for assistance in drafting the proper rights advisal.
NOTE: If 1 or 2 apPlies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the 'waiver certificate and initialed by the suspect/accused.
WHEN SUSPECT/ACCUSE . DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for example. "Maybe I should get a lawyer. -1, further queStioning must cease immediately. At that point, you may quettion the suspect/accused only
concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. IFor example. do not make such comments as "It you didn't do anything
wrong, you shouldn't need an attorney.")
USAF:.
REVERSE OF DA FORM 3881
001592
DODDOA 027nnA
. RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this lorm, see AR 190-30: the proponent agency is 00CSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: . Title 10, United States Code, Section 30124g)
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 additionatialternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.
LOCATION 2. DATE TIME 4. FILE NO.
CCA-4-1-1r----r—%-ete{^-1 /6, 4a6-0 3 ./ ti-X 0
5. NAME (Last, First, Ml) 8. ORGANIZATI El ADDRESS
GRADE/STATUS
f-i S WAIVER/NON-WAIVER CERTIFICATE •
Section A_ Rights
The investigator whose name appears below told me shaOStie is with the United States Army
o2
and wanted to question me about. the following of fensels) of which t am
suspected/accused: • — 6--. • ,-.1%-c V 4:
Bef Ora Gifithre asked me any questions about the of fensets1, however.E0alve made it clear to me that t have the following rights:
1 I do not have to answer any question or say anything.
.
2. Anything I say or do can be used as evidence against me in a criminal trial,
I
3.{(For personnel subject °the UCMJ I have the right so talk privately to a lawyer before. during, and after questioning and to have a lawyer present with me i
CO
during questioning This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to rne, %
fl
i.
or both.
- or -
C
Er
(For civilians not subject to the UC.M.:l) I have the. right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present vvii-i
me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a l awyer and Want one, a lawyer '
wilt be appointed for me before any questioning begins.
If I am now witting to discuss the offensetsl 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 it I sign.the waiver below.
0
COMMENTS (Continue on reverse s del
CD
CD
Section B_ Waiver
0
.I understand my rights as stated above. I am now willing to discuss she offensetsI under investigation and make a statement without talking to a lawyer first and without having a lawyer present with rne.
O
SIGNATURE OF INTERVIEWEE
' WITNESSES (If available)
a. NAME (Type or Print
4. RE OF INVESTIGATORORGANIZATION OR A HONE SI
5. TYPED ME NVE . . .
2a NAME (Type or Prmt)
.. • • STIGATORlowillor
b. ORGANIZATION OR ADDRESS AND PHONE 6. ORG N OF I
Section C_ Non -waiver
I do not want to give up my rights
D I do not want to be questioned or say anything
0 I want a lawyer
SIGNATURE OF INTERVIEWEE (DA FORM 2823) SUBSEQUENTLY EXECUTED EY THE SUSPECT/ACCUSEDATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT
US.a.,,A 2.01 EDITION OF NOV Ba IS OBSOLETE
DA FORM 3881, NOV 89
601593
DODDOA 027007
PART If -.RIGHTS WARNING PROCEDURE •
THE WARNING
WARNING - Inform the suspeCt/accused of;
• a. Your official position. .
b. Nature of of fense{sl.
c. The tact that he/she is a suspect/accused.
RIGHTS - Advise the suspectiaccused of his/her rights as follows: 'Before I ask you any questions, you must understand your rights."
a.
'You do not have to answer my questions or say anything.'
b.
'Anything you say or do can be used as evidence against you in a criminal trial •
c.
(For personnel subject to the UCMJI "You have the right to talk privately to a lawyer before, during. and after questioning and to have a lawyer present with you during questioning. This lawyer
-Do you understand your rights?'
(If the suspect/accused says "no.' determine what is not understood, and if
necessary repeat the appropriate rights advisement. If the suspect/accused
Says "yes." ask the following question.)
"Have you ever requested a lawyer after being read your rights?" •
(If the suspect/accused says 'yes," find out when and where. If the request
was recent. e., fewer than 30 days ago), obtain legal advice whether to
continue the interrogation. II the suspecVaccused says "no,' or if the prior
request was not recent, ask him/her the following question.}
can tie a civilian you arrange for at no expense to the Government or a military lawyer detailed for. you at no expense to you, or both."
- or-(For civdians not subject to the fiCkli) You have the right to talk privately to a lawyer before. during, and after questioning and to have a lawyer present with you during questioning. This lawyer can be one you arrange for at your own expense, or if you cannot afford a lawyer and want one,' a lawyer will be appointed for you before any questioning begins.'
d. "If .you are.now willing to discuss the of tensels1 under investigation. with or without a lawyer present, you have a right to stop answering questions. at any time, or speak privately with a lawyer before answering further, even 11 you sign a waiver certificate.'
Make certain the suspect/accused Wily understands his/her rights.
THE WAIVER
'Do you want a lawyer at this time?"
ifs the suspect/accused says "yes,' stop the questioning until he/she has
lawyer. If the suspect/accused says 'no,' ask him/her the following question-}
'At this time, are you Willing to discuss the of lensesi under investigation and
make a statement without talking to a lawyer and without having a lawyer
present with you?' (If the suspect/accused says "no," stop the interview and
have him/her read and sign rhe non-waiver section of the waiver certificate on
the other side dr this form. If the suspect/accused says "yes,' have him/her
read and sign The waiver section of the waiver certificate on the other sid e of
this form.)
SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: lithe suspect/accused orally waives his/her rights but reuses to sign the waiver Certificate, you may proceed with the questioning. Make notations on the waiver certificate to the effect that he/she has stated that he/she • understands his/her rights. does not want a lawyer, wants to discuss the offenses) under investigation. and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once. as 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 spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questio ns.
COMMENTS (Continued]
2. If the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Stat I Judge Advocate should be contacted for assistance in drafting the proper rights advisal.
NOTE- If t or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: tf during the interrogation, the suspect displays indecision about requesting counsel lie example, 'Maybe f should get a lawyer."), further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as "If you didn't do anything wrong, you shouldn't need an attorney-' }
IJ5A . .0
REVERSE OF DA FORM 3881
001594
nnnnn A no7nno
{
SWORN STATEMENT
Far use of this form, see AR 190.45; the proponent agency is. . DCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301: Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSM.
PR/NCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and•retrievai.
.DISCLOSURE: • Disclosure of your social security number is voluntary.
1_ LOCATION 2. DATE . (YYYYMIVIDD) 3. TIME 4. FILE NUMBER
el441P 5YTZIrti ..274461._
5. LAST N M T NA E, DALE NAME S. SSN 7
GRADE/STATUS
8_ ORGANI
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9.
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FOLLOWING STATEMENT UNDER OATH:
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10. EXHIBIT 11. INITIALS OF PERS NG STATEMENT
PAGE 7 OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT TAKEN AT DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT. AND PAGE NUMBER MUST BE BE INDICATED.
DA FORM 2823. JUL 72. IS OBSOLETE USA PA V 1 00
DA FORM 2823. DEC 1998
001595
DODDOA n77 nng
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
STATE NT OF TAKEN AT DATED
9. STATEME (Continued)
I 0AON 6 MP'TOT -MID°
T1ALS OF PERSON MAKING STATEMENT
PAGE OF PAGES
()SAPP, V tin
PAGE 2. DA FORM 2823, DEC 1998
001596
DODDOA 027010
STA ENT OF TAKEN AT DATED
9. STATEN T (Continued)
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AFFIDAVIT 6-
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WHICH BEG PAG , ON PAGE 1, . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. 'I HAVE MADE THIS STATEMENT FREELY WI PE OF BENEFIT OR REWARD, THOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL lNFLUENC WFUL INDUCEMENT.
WITNESSES:
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS INITIALS OF PERSON MAKING STAT
PAGE 3, DA FORM 2823, DEC 1998
Subscribed.and sworn to before me, a person authorized by law to administer oaths, this 14. l ". day of 2003 at 1.44-0119 DTA 07 4re#4. -
• t' ign d erson Administering Oath)
!Typed Name erson mf;Vstering Oath)
(P
(Authority To Administer Oaths)
PAGE OF PAGES
USAP A V 1. =
001597
nnnnnA C107n4
SWORN STATEMENT
For use of this form, see AR 190-45: the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301: Title 5 USC Section 2951; E.0_ 9397 dated November 22. 1943 (55/W. PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately ROUTINE USES: Your social security number is used as an aciditionaVatternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary.
1. LOCATION 2. DATE (YYYYMMDD) 3. TIME 4. FILE NUMBER
CAMP OHA OO/U 2714 (_ .72003 0 ? 1 6 .7. 1 I 3
5_ ST NAME, FIRST N ME, MIDDLE NAME 6. SN 7. GRADE/STATUS -
8.
9.
1. , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
ti. ,
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ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TA AT DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER I MUST BE BE INDICATED.
USAF A v1.00
DA FORM 2823, JUL 72, IS OBSOLETE
DA FORM 2823. DEC 1998
001598
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STA WENT OF TAKEN AT DATED
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PAGE 2. DA FORM 2823, DEC 1998 USAPA.
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AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH N PA .E AGE II FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATE MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND INITIALED THE BOTTOM OF E CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WIT .PE OF BENEFIT OR REWARD THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUEN • WFUL INDUCEM
Subscribed and sworn to before me, a person authorized by law to
WITNESSES: administer oaths. ibis iteftk day of Oat. at 4-sr O( 14-364.AJ
41/0011
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ORGANIZATION OR ADDRESS ---. 11112{
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ORGANIZATION OR ADDRESS (Authonry Ta Admirusrer Oaths!
INITIALS OF PERSON MAKING STATEMENT
PAGE OF PAGES
PAGE 3, DA FORM 2823, DEC 1998 VSAP 1 .00
001600
nnnnna no7n4 A
1)
SWORN STATEMENT
For use of this form, see AR 190-45: the'proponent agency is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSW PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary.
1. LOCATION 2. DATE fYYYYMMDD) 3. TIME 4. FILE NUMBER
.
eiAMP •ormobe--12440 1 „2003 oil I& -2v5
5. LAST NAME, FIRST MAME, MI NAME 6. SSN 7. GR.
8. . A ION OR DDRESS
9.
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DA FORM 2823, DEC 1998
001601
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USE THIS PAGE tF NEEDED. IF THIS PAGE SS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
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(Signe son Making Statement)
Subscribed and sworn to before me, a person authorized by taw to
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SWORN STATEMENT
For use of this Form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY:
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2. DATE NYYYMNIDD) 3. TIME 4. FILE NUMBER
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PAGE 3, DA FORM 2823. DEC 1998
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SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT-
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PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
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PAGE 3, DA FORM 2823, DEC 7998
001612
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BATTLE DRILL #3
(DETAINEES)
BATTLE DRILL
-Troop notifies Bulldog X-Ray of detainees being brought to Camp Marlboro. Get the number of prisoners and what they are charged with
-Contact the SOG so that he can ensure the Bang Bus personnel are prepared to guard the chicken coup.
-Contact the OIC for the Bang Bus so that he can ensure the paperwork is filled out correctly and so that he can coordinate for an escort.
-When the Troop comes to the CMOC give them I apprehension form and 2 sworn statements for each detainee. Give them 1 evidence custody log for them to fill out listing the seized property. Once completed the BOC NCOIC signs the evidence custody log and gives it to the troop. The RTO types the seized property on the DA Form 1594.
-The Troop guards the detainees while in the CMOC area. Once the paperwork and any interrogation is completed the Troop transports the detainees to the chicken coup.
-Safeguard all seized property now under our control. DO NOT let anyone touch or play with any of the seized property. DO NOT let anyone take any property unless Bulldog 6 personally tells you to give it to someone.
If there are any questions about anything to do with detainees contact the 010 for the Bang Bus or Bulldog 1.
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DRAGOONS RULES OF ENGAGEMENT
References:
CENTCOM Order 1003V V Corps FRAGO 1 AD FRAGO 18A
1. Situation:
a. GENERAL POLICY: Commanders may use all necessary means available and take all appropriate action in self-defense of their units and in defense of other U.S. and coalition forces
(1)
Effective date: The ROE in this annex are effective immediately and will remain in effect, until rescinded.
(2)
Collateral damage: Military operations will be conducted to ensure that incidental injury to civilians and collateral damage to civilian property is minimized.
b.
Enemy forces: Iraqi military and paramilitary forces loyal to the former regime are declared hostile_ They may be engaged on site.
2. Self-defense - American commanders and personnel have an inherent right to self-defense. Nothing in these rules of engagement negates a commander's obligation to take all necessary and appropriate action to protect his unit and those entrusted to his care. All U.S. personnel may exercise the inherent right of self -defense.
a. U_S. forces may use force, up to and including deadly force, as necessary to protect U.S. forces from civilians who demonstrate a hostile act or hostile intent.
(1)
Hostile act: a hostile act is an attack or other use of force against U.S. forces, allies, or persons under the protection of U.S. forces.
(2)
Hostile intent: a threat of imminent attack against U.S. forces, allied forces, or persons under the protection of U.S. forces.
b.
If civilians pose a threat to U.S. forces, use graduated force, up to and including deadly force, as necessary to protect U_S. forces. Against civilians, U.S. forces should use the minimal amount of force necessary to protect themselves and other U.S. forces. U.S troops may use any of the following techniques, as necessary, to protect themselves from harm by civilians:
(1) Provide verbal warnings. The word, "Kiffl" means halt or stop in Arabic.
(2)
Provide a show of force. Show a weapon and demonstrate an intent to use it. Call for reinforcements, as necessary.
(3)
Use non-deadly force. Physically restrain or detain the civilians.
(4)
Fire a warning shot (Warning shots are not allowed to prevent looting).
(5)
Use deadly force.
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3. Protection of civilians — U.S. troops may use necessary force, including deadly force, to
protect civilians from violent crimes, such as murder, rape, or armed robbery.
4 Protected persons, property, and places: U.S. forces may use necessary force, including
deadly force to protect any of the following specially protected persons, places, or property:
a.
All U.S. citizens;
b.
Prisoners of war or detainees under U.S. control;
c.
Coalition forces and their mission-essential equipment and supplies;
d.
Specified non-governmental organizations, including the International Red Cross/Red Crescent, and UN relief agencies;
e.
Public and private banks and financial institutions;
f.
Courthouses and buildings housing vital government records;
g.
Weapons of mass destruction or WMD manufacturing or storage facilities;
h.
Public utilities or facilities, including those that generate, distribute, or transport electricity, petroleum, or water for public use;
i.
Civilian mass transit facilities;
j.
Waste facilities;
k.
Hospitals or other public health facilities; and
I.
Agricultural processing, storage, or distribution facilities producing food for civilian consumption.
5. Protection of other private property:
a. U.S. forces may use graduated force, not including deadly force, to protect all other private property. Commanders may take any of the following actions to prevent looting or damage to private property:
(1)
Detention of persons who are suspected of looting;
(2)
Establishment of off-limits areas;
(3)
Establishment of checkpoints to control traffic flow;
(4)
Establishment of curfews with approval of CG, IAD; and
(5)
The temporary confiscation of property used to commit looting.
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(6)
Deadly force is only L. .norized to stop looting against the per • Is and property designated in paragraph 4.
b.
U.S. forces are prohibited from tooting or taking war trophies.
c.
Troop commanders may authorize soldiers to seize civilian property in emergency situations. Commanders must provide a receipt to the rightful owners of the property.
d.
Commanders are not allowed to spend locally seized money for any purpose.
6. Checkpoint ROE: U.S. forces are allowed to stop and search all persons and vehicles for weapons and other contraband. U.S_ forces may use the following measures to Control movement at checkpoints.
a.
Restrict the flow of traffic with vehicles and other obstacles;
b.
Shout, "ken
c.
if a vehicle refuses to stop, U.S. soldiers may fire warning shots, fire to disable the vehicle or shoot to kill, as necessary, to protect the safety of U.S. forces.
7. Detaining civilians.: U.S. forces are authorized to detain civilians for any of the following reasons:
a. Possession of any of the following items:
(1)
A firearm without a valid weapons card;
(2)
Explosives ;
(3)
Bayonets or military style knives;
(4)
Equipment for making explosives or firearms;
(5)
Maps with locations of U.S. base camps, routes, or other operational information;
(6)
Photographs of U.S. areas or operations;
(7)
U.S. or coalition forces paperwork, equipment, or uniforms;
(8)
U.S. or coalition identification, U.S. or coalition passports, multiple IDs, passports from more than one country;
(9)
Illegal drugs or drug paraphernalia,
(10)
Stolen power lines; or
(11)
More than eight feet of thin rope, wire, or similar material.
b.
If the person has committed a crime; or
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c. The person possesses sus.......:ted intelligence information.
()Treatment of detainees.
a.
Processing of detainees_ For persons detained for looting or other violations of public order, note the circumstances and basis of detention on the capture card accompanying the detainee to the collection point. Information on the basis and circumstances of detention, and contact information (name and phone number) of a detaining unit POC must be provided with each detainee along with sworn statements (DA Form 2823) from two witnesses. This information is essential in order to continue to hold detainees and to successfully prosecute persons who are detained for crimes. Record and safeguard all property seized with the detainee.
b.
U.S. forces will not abuse or mistreat any detainees. Maltreatment is any act that is
designed to cause physical or mental anguish without cause. Maltreatment includes:
(1)
Physical abuse: torture, hitting, butt-stroking;
(2)
Demeaning acts: spitting, stripping detainees of their clothes; and
(3)
Theft of private property.
c.
U.S. forces are not authorized to take private property, money, or personal papers from any detainees, except:
(1)
Evidence of crimes;
(2)
Weapons, drugs, or other contraband;
(3)
Property with intelligence value; or
(4)
Property taken for safekeeping.
9. Weaponry:
a.
Ammunition: All ammunition issued by the United States government to United States forces complies with the law of war. Soldiers may use cal. .50 machine guns against personnel or equipment.
b.
Mines: Except as stated below, the use of mines requires approval by the Secretary of
Defense.
(1)
The Division Commander may authorize the use of command-detonated (Claymore)
mines.
(2)
The CENTCOM Commander may authorize the use of self-destructing or selfdeactivating mines.
c.
Riot Control Agents (RCAs): U.S. forces may not use riot control agents (CS gas, mace,
pepper spray, etc.) for offensive operations. Riot control agents may only be used in the
following situations:
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(1)
To protect U.S. and coalition forces or persons and places under the protection of U.S.
forces from civil disturbances (riots);
(2)
To control rioting enemy prisoners of war;
(3)
To rescue friendly forces from enemy control; and
(4)
When the enemy uses civilians for cover.
d.
Indirect fires and Close Air Support — Only observed fires are authorized for offensive operations. Positive identification is required.
10. Hostile forces — U.S. personnel may engage hostile forces (Iraqi paramilitary and military forces loyal to the former regime) subject to the following limitations:
a.
Positive identification is required prior to engaging any target. Positive identification is a reasonable certainty that the target is a legitimate military target.
b.
U.S. forces will not engage anyone who is out of the battle due to sickness or wounds.
c.
U.S. forces will not fire at anyone who has surrendered or is attempting to surrender.
d.
Protected places: Cultural and historic buildings, nonmilitary buildings, civilian population centers, mosques and other religious places, hospitals, and buildings displaying the red cross or red crescent are protected places_ Protected places will not be attacked, unless the enemy is using them for military purposes.
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