AR 15-6 Investigation re: Suspected Assault on a Detainee by Soldiers

INDEX

A. APPOINTMENT ORDERS
B. FACTS, FINDINGS, AND RECOMMENDATIONS FROM INVESTIGATION
C. SWORN STATEMEITS, RIGHTS WAIVER, AND INTERVIEW SHEETS
D. MISSION FACT SHEET FROM 3-187 INF BN PLATOON ROSTER FROM TIME OF INCIDENT
E. ORIGINAL,COMMANDER'S INQUIRY FROM 3-187 INF BN
.

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DODDOA 026751
AFZB-KC-JA 6 May 2004
t)(

MEMORANDUM 3BDE, 101' ABN DIV (AASI.T)
SUBJECT: Appointment Order
I appoint you as an investigating officer to conduct a commander's inquiry into a suspected incident of assault. On or about 29 November 2003 in the vicinity of Husaybah, Iraq, some members of 3 rd Platoon, B Company, 3 rd Battalion, l8rh Infantry Regiment detained an Iraqi male for questioning. Shortly after detaining the Iraqi male, these soldiers took a video of themselves apparently assaulting the detainee. Sometime later, these same soldiers played the video for other members of the platoon. The chain of command has a copy of that video.MINW
has already conducted a commander's inquiry into this incident. His inquiry uncovered sufficient evidence to warrant further investigation at my level.
2. Although this is not an AR 15-6 investigation, you wi•II review the guidelines in AR 15-6 prior to initiating.. this commander's- inquiry. Additionally, you will contact • that Administrative•Law. section of the OSJA, 'W s' Airborne Division and Fort Campbell prior to beginning.your.. investigation.
3: Yon. wilr.SpredfiCalfY: address the_.fOLIowing..matters..irLyour investigation:_.
Reviev•the. Reporton:exactly. what the:video:portrays. Positively identify each personin the,video, to..include.the name of the- detainee•if possible. •
b.
Determine. what occurred prior to the filming of the video. Why was the Iraqi male detained? Who detained: him? Where: was he detained? Was he interrogated. at aft prior to the filming of the video? Who conducted the interrogation? How long before the video had he been detained? How was he treated prior to the video? When was he flex-cuffed? Develop the facts as thoroughly as you can and report them to me.

c.
Determine what occurred immediately following the filming of the video. Was the detainee struck again? Where was he taken? Who took him there? Did the unit conduct any more interrogation of him? Was the detainee humiliated in any way? Again, develop the facts as thoroughly as you can and report them to me.

d.
Determine how many times the video was played for other soldiers that were not there. For example, the commander's inquiry initiated by IMIlliruggests that the video was played for seventy percent of third platoon "just for laughs." How was this done? Was it shown to everyone all at once? Did soldiers see the film two or three at a time? Was it shown repeatedly? Who showed it? Did anyone narrate the video? What did they say? Determine how the video was downloaded and how copies were made. Develop the facts as thoroughly as you can and report them to me.

e.
Determine when the chain of command discovered this incident and what they did to correct it.

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DODDOA 026752
In the course of your investigation, if you uncover any other incidents of detainee abuse or any other acts committed against this particular detainee, thoroughly investigate them and report them to me as well_
4. Begin your investigation by thoroughly analyzing the video. Once you have identified the soldiers directly involved in the incident captured on the video, understand that those particular soldiers may have been interviewed previously during commander's inquiry.
X Before you speak with the soldiers directly involved, consult the Administrative Law section to C make sure that those soldiers arclproperly advised of their rights pursuant to Article 31, UCIV1J.
Additionally:
a.
Interview every member of the platoon that was at the location where the Iraqi male was detained. Thoroughly develop their statements by asking specific questions about their recollection. Include in your report an assessment of whether or not the witnesses are willing or able to recall all of the events of that day_

b.
Interview every soldier that you believe saw the video. Thoroughly develop their statements regarding anything that was said to them by the soldiers directly involved it-Ilk-apparent -assault:

5. Throughout this investigation, ensure that the testimony of witnesses is property sworn and docurrierite&orLDKEorm :2823 and .that those you ,suspect-of-an . o ffense are properly advised.of their rights. pursuant to-Article 31, You should-use DA. Form 3881 .t o ensure compliance ...
. Lexpectwritte.afindirigs:anktreconullendatious.:fEernyou by IA ...May ..
001339
DODDOA 026753
DEPARTMENTOF THE ARMY
Headquarters and Headquarters Company, 187 th Infantry Regiment
101' Airborne Division (Air Assault)
Fort Campbell, Kentucky 42223

AFZB-KC-HQ 10 May 2004
MEMORANDUM FOR BDE 187th
INF REGT, 101 st Airborne Division (AASLT) FTCKY, 42223

SUBJECT: Commander's Inquiry
1. On Thursday 5 May 2004, I was informed by O, and .2_,)(
1111/1111.11WIA-Officer, that .I. was-appointed-the Investiatinz-Offreer .tolook:intor the, possible abuse of an Iraqi. detainee. The event in question took place on 29 November 3, V2003; in Husaybalz.. Iraq. during -art -operation-supporting OPERATION: RIFLE'S BLITZ. This wasa combined .operation. between 3d_ BN 187 Infantry-R-egiment andAhe-..forces ACR. Ureviewed:the.previou&commander's-inquirYZOne by the Battalion, met . with Admin. Law representative at JAG, and -met with the 11111101.1d; / 10.1111•1110-to discuss.-my,plamsfor.the-investigationand-whati.would4equive:
2 The: following; are:the...facts I was . able .to • deveI op- from • t he -video 'andintery iews:
The video is exact] 52 seconds in length_ I was able to positively identify three, individuals: 411•111.1•0•1111,andINIMMINIF
11111110. The name of the detainee was not available. No one remembered a name and there was no paperwork completed at the time of detainment. The video itself N/ portrays 4.11.11Pconducting his own version of the MTV show "JACKASS". c He, 4111.11111111, refers to it as "JACKASS IRAQ". It starts off with using his digital camera asking the detainee and s's...pro wave to the camera. He then turns the camera to himself and states "I am going to punch this guy in the stomach, this is Jackass Iraq." There is an approximate delay in the video from the audio by two to three seconds. Meaning you hear what is going on before it happens on the video itself. At this point you can see 111111111111P walking into the area around the back side of hile trying to hold the camera with his left hand attempts to punch the detainee in the stomach with his right hand. As he attempts to punch, the detainee moves back and to his right avoiding any straight on hit from 11111/10P You can hear 1 say "Oh he moved, hold up, he's a trickster, we need a camera man." At this point/any fries to place the camera on a tree or post and moves around for a better position. 1111111.1111Pslips in the mud while trying to move around to the other side of the detainee. At this point the camera is still recording and is pointing at the ground_ 11111114.11011ffien takes possession of the camera and is recording. When the camera comes back up.is in the foreground with his back
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DODDOA 026754
AFZB-KC-HQ 10 May 2004 SUBJECT: Commander's Inquiry
to the camera holding the detainee and 41111111111ron the far side of the detainee
holding him. You can hear moving and shuffling going on. A voice comes

' 6
across saying "hold him", then what sounds like "hold on, hold on, hold on". At this point the video comes across in front of the detainee_ It shows the detainee's(--3,
face and what appears to be an expression of Pain as he is going down to the ground. In the right hand side of the video you can seetalefa! standing, next to the detainee facing the opposite direction of the detainee and away from the camera. As you play the video in slow motion you can see elbow comes straight down in between the detainee's shoulder blade. He is no longer paying attention to the camera and is paying attention to the soldiers approaching them. The detainee is helped back up by allIMIIIIPby lifting him by the flexi cuffs on his wrists. Youan see in the last few seconds of the video where there are two solders. approaching. I could not identify these -soldiers_ There:areother people in the area due to voices being heard in the back ground_ The video doesn't show anyone that can be identified. No one could recollect who it was. At this point the detainee i s being lead way-by 11111111111111. His face is. noticeably distressed and looks as though he is breathing hard like he had the wind knocked out of him.
3_ The following are the facts of the detainment based :upon. interviews of the-Platoon •
.
members_
a. The situation which led up to the video occurred in the beginning of the
Platoon's mission, approximately 30 minutes -when the-platoon moved out „,
looking for weapons in the area. At this point the Platoon was spread out on line 72,

nd Squad being on the far right, 3d squad in the middle searching for weapons. 2 1.4. and squad to the far left. eglimi ftnd illia/M found an AK-47 and several rounds of ammunition in a plastic bag under a pile of barley. The detainee was approximately IOOm away attending some sheep or goats. The platoon interpreter,-Azii, called him over along with the Platoon Leader, 1111111MMIIIP
1.11.111/111111P ' 41111111111MMINNIMP,and
The detainee was questioned about the weapons and ammunition and due to his
story changing about owning or not owning the weapon and ammunition, the PL
with the recommendation from the interpreter that the individual was not telling
the truth, decided to detain him and bring him along till they could get him to a
vehicle. Since they were no where near any roads to link up the truck designated
for holding detainees he was brought along. There was also no initial detainment
paper work conducted on the individual. He was flexi-cuffed by UM. and
placed in his custody during the movement.

b. Several interviews all described the area as rough and broken terrain. There
had been recent rainfall and caused the ground to be muddy and difficult to move
across. Several people had been falling and slipping during the movement. They

._101,341,
DODDOA 026755
b (4)

AFZB-KC-HQ 10 May 2004 SUBJECT: Commander's Inquiry
brought the detainee with them through the area. The visibility in the area ranged from 100+ meters in the open fields to less than 10 meters in the wooded areas. During this time he had fallen at least once and was helped up. He was also being slow and mumbling in Arabic the whole way as described in the interviews. If he was being slow or difficult, the flexi-cuffs would be raised and pushed forward in order to get him moving. The interpreter asked him a few more questions while they were continuing the movement but did not have any success in getting any further information from the detainee.
c. The incident occurred in one of the wooded areas about 45 to 60 minutes after the detainee was taken by 2d squad. The platoon had stopped in order to cut their way through a field fence. At this time it was decided by 11111Milft. do a shorto„) . I .
film..in.order to have fun and relieve some of the tension that had been building up cluring±the7missiort. Most of thesqtradhadpushed out to provide security while the platoon was waiting . to cut the fence and continue movement_. heard something aboutsmaking a movie but he didn't pay much attenti-owto it and was focu,sed:on pulling security for his-section.. The.filming of the video .w as- done . withallM/111, 111W/WMit and ...1W in-t he­immediate:area41111111.wasTalsonot in view-of the inrident-when-ir happened,
d. Once--the video was complete the platoon moved through the fence area. Approximately 15 minutes after moving through the fence the Platoon Sergeant g),K told 111111111111r to take the detainee to the Bradley vehicle waiting upy,
t •
point on the road they were adjacent to. At no time were 11111111111up and the IR detainee out of sight of the rest of the squad. Inglillrbrought the detainee to the Bradley and handed him over to 411•111111111111.1111, from the platoon, who had been detailed to guard detainees. The PL and PSG then reconfirmed that the detainee was not providing, any further intelligence and was not of any further use. They called up to their commander and requested to release the detainee due to being of nti further intelligence value. The decision was made to release the detainee and the PSG cut the flexi-cuffs and released the detainee. The detainee then started walking back in the direction from where he was picked up. He was not seen again and the platoon continued on the mission looking for weapons caches in the area.
4. The following are the facts surrounding the viewing of the video prior to it being
brought to the attention of the chain of command.

a. It was shown on both Omar Digital Camera and Laptop computer.
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DODDOA 026756

AFZB-KC-HQ 10 May 2004 SUBJECT: Commander's Inquiry
b. It was never shown as a single event to the platoon. It was shown to select
individuals who happen -to be watching other videos and pictures on
411111111111111FLaptop computer.

c.
None of the other soldiers took it as a serious incident where WMWMwas C
actually abusing the detainee. Everyone who saw it thought it was a joke.

d.
It was shown in Husaybah, Al Asad Air Field, Tall Afar, and back at Ft
Campbell prior to the command conducting an investigation.

5. The following are the findings I have been able to determine from my investigation:
a_ The first person in the chain of command.. to discover the video was am
back in Iraq.. Initially. he thoughLthere was no reason to -report the
incident to higher due to it not looking serious, -he did not hear the audio portion

C 3 .3
of the video, and he verb:0y reprimanded-on: the spot when he saw
It was..not•until•he-was shown•the video again .in .the 1 -SG's office around the 27th
of INUrch:. -Arfirstfietiought it a-different.video and.then.realized it:was. the..
sameone-he saw' back" i ruAL ASAIYAitbaSe. Once the . video was in the hands of
theettkinpany.Chain.:of.Command..theyimmediatelrbrought -it. to •the attentiOrr of •

411.11111Mand:a.commander7S-inquirr.wsdone- at therBattaIionlevel.
b.
During my investigatioa and interviews I was not able to determine or
uncover any other incidents of detainee abuse or any other acts committed against
this particular detainee. The platoon and squad had dealt with several other
detainees during their mission time in Husaybah, Iraq. The only recommendation
to be made on actions with detainees is that the initial detaining unit needs to fill
out a detention form with all the available information to the circumstances and
reasons of detention. This was not the procedure they had been following.
According to my interviews, they would detain an individual and then put him on
a vehicle which would take him back to another location to be processed.
Understandably units in the field do not always have time to do paperwork on the
spot or resources but in this case they could have done it. The optempo of the
mission was not going at such a speed that it could not have been accomplished.
The other reason for doing paper work on the spot is so when a detainee does
make it back to the rear the detention center doesn't have to start paperwork from
scratch and the interrogators already have some information and details of
detainment in order to start questioning of the individual.

c.
After the mission was over. The platoon returned to the base they had /X

been working out of. Several interviews in "sated that the video was shown that - z 11111111111 RilalliFamera and on laptop. There are night on both
4

`001343
DODDOA 026757
AFZB-KC-HQ 10 May 2004 SUBJECT: Commander's Inquiry
discrepancies with statements as to who was exactly there and how many times it was shown. To the best 1 can determine through interviews the video was shown c the night immediately after the mission, while the platoon was staying at AL A ASAD airbase in rout p back to Tall Afar, in the sleep tents at Tall Afar, and once back at Fort Campbell' in the Platoon CP and in 11111/111.11, barracks room. 3' The video was never shown as a specific event where people were called over to watch it specifically. The video was among several that had been taken on missions. The occasions that it was viewed were generally while reviewing other pictures and videos that had been taken on the units missions. Nine soldiers had claimed to have seen the video prior to its discovery by the chain of command and the initial investigation being conducted by the Battalion. The original investigation claimed that seventy percent of the platoon had seen the video. My investigation-determined less than fifty percent actually saw it.. No. one could state specifically, all who had seen it back in Itaq. Many times it was shown people were passing by- or mopped briefly to-see-what other people were watching on the laptops or cameras.
[1: The times•that it was shown people-thought it was a joke and •thatellIP •
1111111. Was. doing_somethiug_ stupid: • NOne:ofitlie,soldiers-look , it serions4y arm did not•-believe-thatallIMPwas abusing. the detainee_ .Everyone interviewed that had previously seen thevideo: priOr tolhe , ini tiaLinv-esti•g a ti orr thought it was a • joke..and.didrnot take seriously:1110.111111Pt !aims that he saw it while the (--•X platoon. was in AL ASAD airbase, waiting return to•TalI Afar. He watched the
•
v ideo once-:without the-audio beingpla-yed-•orviL He claims 'that upon seeing the cz, , . i video he verbally reprimanded bout making the video and his flawed decision in what he did. Unfortunately, no one in the interviews can remember
IMMINIMPbeing present at any showings of the video, nor remembering any verbal reprimand of When I re-questioned about being reprimanded by the platoon leader he could not remember nor could.he say for sure it happened. Several people could not recall specifics of each viewing of the video clip to include exactly where, when and who was there.
e. The original title of the video according to was "Our first
Iraqi prisoner" and that was done by1111111/11, recalls naming it as
"Our Prisoner". The copy which was turned over to me for review and use in the
investigation is titled "Our Prisoner (The Smash)". Neither air norallinrC
knows how it was renamed. In order to determine the actual name you would
need to find all the copies and review the dates on them to see where the name
could have been changed. Since the video has changed hands several times and
the laptop it was on was not in the sole possession of 41111.1111PRhe entire time
since the video was made, it is difficult to determine how and when the name was
changed.

5
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DODDOA 026758

b (4 10()

AFZB-KC-HQ I0 May 2004 SUBJECT: Commander's Inquiry
f. Several copies have been distributed due to people passing folders of
pictures and videos around. Pin Drives were shared regularly between computers
to share documents and files. Sharing these photos and videos was common
among units while in Iraq and after_ The video came to the company chain of
command by this very reason. 11.1111111111111The company training NCO, had
down

down loaded several pictures to his laptop from MilIMPback in 2003. Upon returning to Ft Campbell, he started to review through the folders and pictures and found the video in question. He immediately handed it over to the Company Chain of Command. As far as I can determine the video is on or was loaded on 1111111111.11rs pin drive which is located at his house in California, loaded on ElliffillaPs desktop computer in his barracks room, ingigisper laptop,111.11.01. laptop, an unidentified laptop in the platoon cp, a CD copy is in the possession of the JAG officeand Lhave_orie Loaded on my laptop to conduct the investigation.
g. There are no significant discrepancies-in .-the interviews ofhow•-of why. the •
individual was detained. There are-no-other.reasons -•to••believethat the detainee.
was abusedor further humiliated while in US Military custody.

h.1111111111. mental' condition or -judgement can be called into _question. One of the:other NC0s,. 1111.111111111111/ said -Imam interview- recalls Millrair was having family troubles- while in Iraq and was not sleeping at night and stayed up playing video games_ He would then sleep in the day. This was during down time when they were not on missions. Since retuming.to FT Campbell-and the
c
initial investigation started he has been a self referral to Mental health, claiming
he could not sleep and that he felt like he was going to hurt someone. He was
placed on suicide watch by his company. He was also enrolled into ADAPC:

i. At the end of the video when 11111111111Pits the detainee in the back with his elbow he is no longer looking at the camera nor is he posing as though it was ?_ done for the camera. From my interview with him he was not aware that the camera was still going at the time. He claims that he slipped 'and bumped into the detainee and they then helped the detainee up. I cannot discern from the last portion of the video where it looks as though he is falling and knocks into the detainee. It looks as though his arm and elbow are deliberately hitting the detainee between the shoulders and knocking him to the ground.
c-- ,
j. Neither Wiliamilinor thought that anything -they were doing was wrong. They were doing it a a joke and to relieve tension and boredom from the mission. The fact that this incident was done as
•
entertainment rather than out of malicious reasons still does not change the fact
that a detainee under US military custody was abused and publicly humiliated.

6
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DODDOA 026759
(4 ), 6(:9

AFZB-KC-HQ 10 May 2004 SUBJECT: Commander's Inquiry
6.
Recommend that computers in the company and individual's latops and desktops identified be reviewed for any further copies of this video and permanently deleted. This will reduce any possible spread or dispersion of the video.

7.
There were three individuals I was not able to interview. Two were due to being ETS'd since returning to Ft Campbell. One was on pass over the weekend that I was conducting the interview. I do not believe that these individuals can provide anymore information relevant to this investigation. Since they were not present to the incident in question and if they saw the video prior to the investigation it doesn't change the facts as they already'have been determined.

8.
I recommend that.111111111111111be taken against or his actions of

C
misconduct against a US .detainee_ nd.i gainst ASP and or assisting in the misconduct of the detainee.
,
ert.gof
virote.S.,
7
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DODDOA 026760

41111111.1.111P

c) ,
Interview questions Incident
r-4
What was your mission:
What was the mentality of the soldiers like:

How many other detainees had you deft with that day: What had been the previous detainee actions like:
Whez .didLyomdetain..the individual in.qu e
t-kc -!Vt. 1-.c
Why was he detained (circumstances): -relic: I
Who initially detained him:7-
Was he interrogated at all prior to the film or after:
Who interrogated him: 111
Was any paperwork filled out on him being detained:

Did he speak any English: tto

How long before the video had he been detained:

tikv -r‘L -rirc c7-1) tAc
1.347
DODDOA 026761

rr-
AL( e t.I !ice?.0 Hut.,1
L.
L.A2c/Ai
‘0 (A) 609
I-low was his treatment prior to and after the video:
c r:5 When was he flexicuffed: Who did it What happened after the video:
Who else was in the immediate area:
Was he stuck- ag,aih: Where was. he taken:
cfe •
Whia-took...hinvtlyere:. 11111111.1" .. Was there any additional interrogation done:
Was the detainee humiliated in any other way:
PRT T t r5 e
Did anyone say anything to stop it:

Why was he released and how:
IV() .\I 4" t2-1-
To your knowledge has there been any other incidents of mistreatment of
detainees:

001348
DODDOA 026762
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
VA,F-1;00)
PRIVACYACT.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 ITYYYMMDDI 3. TIME 4. FILE NUMBER
1--i-C K \I r;c7e.)04.1 - be -(-) -7 -
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5. LAST NAME, FIRST NAME, MIDDLE NAME B. SSN 7. GRAD • • .• ‘. US
8. ORGANIZATIO OR ADDRESS E)( Lf
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1 AlljllIIIIIIIIIMlr_ WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
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10_ EXHIBIT 11. INITIA ON ING STATEMENT
C.—), tf PAGE 1 OF r---• PAGES
C S , 3 . Le
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.

USAPA V 1.00
DA FORM 2823, DEC 1998 _ DA FORM 2823, JUL 72, Is OBSOLETE
001349
DODDOA 026763
10(0) b (3)

STATEMENT OF
laillgiarinr TAKEN AT _ 2 13 DATED p mAty n
9. STATEMENT (Continued)
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGIN E - I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INF EME
a u • o ^arson a
Subscribed and sworn to before me, a person authorized by law to
WITNESSES: administer oaths, this 7 day of tr\--4
at Lit/ "? YK71.
ORGANIZATION OR ADDRESS dministerin 'Oath)
yped Name of Person Administering Oath)
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATE
PAGE t OF PAGES
PAGE 3, DA FORM 2823, DEC 1998 USAPA VI 00

001350

DODDOA 0767A4

5,1

111111011111•11,

Video
When and How many times was the video shown to the platoon:

l 111°bt, AILiftA1j Cc:,1A=t -t I.A.4‘r, Com-' `(S
6(= '7'5 NZT ---1JCC= 7/3 Who was there and who was not:
Was it shown repeatedly:
Who showed it:
ie
61\1 MIN"
Did anyone narrate the video:

What did they say:
L-r
5
Was the showiiii2zof. the-video selectie:.to.:certain
Was the. video:shown to ,anyo.ne- outside the platoon:
What the demeanor or attitude when the video was being shown:
What was the feelings of the group toward the video:

"."-)
I --i-c)
Were peop e aug ing about it:
Did they take it seriously or as a joke:
To your knowledge who has copies of the video:

When did you report it to the chain of command:
7:0\--:p.1"..,1,. s, --.7-----i, L.,--c--1- lAA,-il--; \ -1,-. .. \----;. KATT
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i? A c• ( lc-4\J 001351
DODDOA 026765

Why didn't you report it:
V.) \IV.") c•
Who in the chain of command had knowledge of this incident:
L
Did the chain of command take any action regarding this incident at the time it happened or after they became aware of it: ce,cites -7-6eK • -r C
Has this incident been discussed to anyone outside of the unit to your
knowledge: A I -
Why was the video deleted off the computer:
Where:,

001352
DODDOA 026766
NA,-_S_.." ..,_i_M.'_L,, 'ww .dor•
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
ISSNI.
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 fYYYYMMDDI 3. TIME ,,,,,p,re 4. FILE NUMBER iQ 3-kVi WC eco,ico 7 w.`"1 Zi Zci
5. LAST NAME. FIRST NAME, MIDDLE NAME 6. SSN y (e 7 GRA.DEISTATUS .
NIZA
C3,2. k 4'

9.
. WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
1.1.1is.c.,.-,.p.--(cit1-0,,,.e= "Due„., ii-kc 1-x,,„1,,i,p., ,„,,ssio..) CDA ,,, Q L ,--c% ' 6L x I-A-)I"."' "V S
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10. EXHIBIT 11. INITIALS G STATEMENT
PAGE 1 OF I 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 TI-IF STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.

_
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE USAPA V 1..00
iL

. '001353
DODDOA 026767
t
STATEMENT OF TAKEN AT DATED
g. STATEMENT (Continued)
AFFIDAVIT
I„ HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH EGINS ON PAGE I. AND EN S ON PAGE t . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFL
(Signature of Person Making Statement)
Subscribed and sworn to before me, a person authorized by law to
WITNESSES: administer oaths, this day of at
ORGANIZATION OR ADDRESS (Signature of Person Administering Oath)
(Typed Name of Person Administering Oath)
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT
PAGE OF PAGES
USAPA V1.00
PAGE 3, DA FORM 2823, DEC 1998
001354

DODDOA 026768

b ,b(3)

Interview questions
Incident
What was your mission: 'IP— C.1-1L iV 6—
What was the mentality of the soldiers like: 6--e') 5 ,.-1; A
How many other detainees had you deli with that day: n-L-Lrr
What had been the previous detainee actions like: D-F. 5 3), r?_ S•13-r;=-/-vtA S 5 icv‘i Z-7
re. -;) ,\21 to L. When-didr-you_detain_the:,.individual:in_que,stion:-
/k F
Why was he detained (circumstances): S Resisting? klc if 21.i.
€4-A -776
Ck s,17.:
14-•
-71'1 \-) T Who-initially-detained . h (. M.:
i-l? "MEW 411.110Pri`i ini2 -zA

anniffil", P(L )1N— jr
Was he interrogated at all prior to the film or after:
Who interrogated him: cZ:,)--I NA -E__ th-
Was any paperwork filled out on him being detained:
A/C)
Did he speak any English:

f\JC)
How long before the video had he been detained:
001355
DODDOA 026769
(-9
How was his treatment prior to and after the video:
When was he flexicuffed: Who did it
What happened after the video:
Who else was in the immediate area:
Was-he stuck again:
Where was he taken: • Who took_hirrt.titere.:.
MEW
Was there any additional interrogation done: Was the detainee humiliated in any other way: Did anyone say anything to stop it:
•
Why was he released and how:
79-3LN:z .) To jC -T. L

L To your knowledge has there been any other incidents of mistreatment of detainees:
301356
DODDOA 026770
RIGHTS WARNING PROCEDURE/WAIVER CERTIFIC,-,,E
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 301 2(g)
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 . LOCATION %1 . DATE . TI
/14Y0i- FILE NO.
-IS &N.) 1. i iv-F--7 '4E73/6
5. NAME (La a. ORGANIZATION OR ADDRESS
S. SSM 7. GRA C3.2 .1a i
PART I - RIGHTS WAIVERINON-WAIVER CERTIFICATE
Section R. Rights
The investigator whose name appears below t‘cip me that he/she is with the United States Army 14 1-; C S Tsi-E__
lc, 1 1.7 A;4
3/v
J'•31
and wanted to question ma about the following offenseisl of which s am suspected/accused: Z.....,S-( 'F. . 772.4-Ci 1 TO ill-f ,k) c E
Before he/she asked me any questions about the oilenselsl, however, he/she made it clear to me that I have the following rights: 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.
tFot.personneLsubject.othe.UGMJ I have the righ•to -talk privately•to alawyertrefore. during. and after goes-cloning and to have a lawyer present with me 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 me, or both.

- Of -Ifty civilians nor subject to the UCMX 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.thati arrange.for..a.L.my awn- exioense.,,nrat.Lcarinot afford:a lawyepand want one: a lawyer wilt he appointed: ter me before any questioning begins:
. It Lam now. willing tddiscuss•the of fenseisl•under inve.stigation,..with:oc: without aAawyer present, I have a right to stop answecing.questions:atany time: _or
speak privately with a lawyer before answering further, even if 1 sign the waiver below.

5 . COMMENTS (Continue on reverse side,
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offenseisi under investigation and make a statement withou ng to a lawyer first and without having a lawyer present with me.
WITNESSES (lf available) SIGMA
Li.'7
I a. NAME !Type Or Print) ..-.
" -¦,' '-')

k.,-a7
b.
ORGANIZATION OR ADDRESS AND PHONE SIGNATLI

b.
ORGANIZATION OR ADDRESS AND PHONE b. ORGANIZATION OF INVESTIGATOR

2a NAME (Type or Print) TYPED NAME f INV STI OR
Section-C. Non-waiver
1 do not want to give up my rights
0 i want a lawyer 0 I do not want to be questioned or say anything
SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT IDA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE

USAPA 2.01
001357

DODDOA 026771

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 ISSN,. 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. 14:
1. LOCATION (' 2. DATE (YYYY1V1MODI 3. TIM 4. FILE NUMBER
3 Ri)t,I 3A`;',7-
Cr 7'
,••:
C, 3 ,—/-••

11111111111111111.11.11P
I. WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
•
cti:
774 TA(
Pux. iv TA? IN FE A:1;
Tc 7
h Li. r1=•A.7. A': 111B"1
P6r.-/
e ;YU V:Crk! . ru4:6-• 4-!-; A. 1 2 L
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Ar
;')". 111111Mir 111111101,

'21LL-71) ;-1"-: F. TL-P.: 1,11,9 r
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(
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01111111P r Cz-FA'
10. EXHIBIT 11 INITIALS OF P NG STATEMENT PAGE 1 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 U5APA V 1.00
DA FORM 2823. DEC '1998
On 1358
DODDOA 026772