Army Detainee Operations Report: DOD Questionnaire of Captain re: Detainee Operations

An Army questionnaire, including forty-one questions given to a solider regarding soldier training, soldier morale and the treatment of detainees. The handwritten responses are mostly illegible or redacted.
In response to a question asking what type of training the Captain received on the established Rules of Engagement (ROE), the Captain responded that he/she received 5 Ss training "5Ss shout, shove, show, shoot (non-lethal), shoot (lethal)."

Doc_type: 
Interview
Doc_date: 
Friday, March 26, 2004
Doc_rel_date: 
Monday, September 19, 2005
Doc_text: 

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POINT OF CAPTURE-- CDR/1SG/ PUPS
Rank crr Branch 'F.* 'Date: ill, M cvr Unitis0_6:J-
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1. (ALL) How did you prepare yourself and your junior leaders to become familiar with and understand the applicable regulations, OPORD/FRAGOs directives, international laws and administrative procedures to operate a unit Collection Point? (1.1, 1 .2, 1.4, 1.6, 4.1) (FM 3-19.40, paragraph 2-2, Commanders are
familiar with applicable regulation, directives, international laws, and administrative procedures.)
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2. (ALL) Did you and all of your Soldiers undergo Law of ar training prior to deployment? Explain what training occurred. Did this training include the treatment of Detainees? Is there a plan to train new Soldiers (replacements) to the unit? Explain. (1.1, 1.2, 1.4, 4.1) (AR 350-1 para 4-14c.(2) and table G-1 Refresher
training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1­5(4)(C DOD Directive 5100.77), All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and training so that the principles and rules of law of war wilt be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual's duties and responsibilities.)

3. (ALL) What Home Station/Mob Site Training did your unit conduct prior to deployment to help your unit prepare for Detainee Operations? Describe it. How did the training prepare you to conduct Detainee Operations for this deployMent? How did this training distinguish between the different categories of Detainees (EPWs, RPs, Cls, etc.)? (1.1, 1.2, 1.3, 1.4, 4.1) (DoDD 2310.1 (The U.S. Military
Services shall be given the necessary training to ensure they have knowledge of their obligations under the Geneva Conventions (references (b) through (e)) and as required by DoD Directive 5100.77 (reference (f)) before an assignment to a foreign area where capture or detention of enemy personnel is possible.) AR 350-1 para 4-14 c (2) and table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1-5 (4) (C), DOD Directive
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5100.77, All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and training so that the principles and rules of law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual's duties and responsibilities.)
4. (ALL) What training did you receive on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction (R01)? (1.4, 4.1) (ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03
para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE.' AR 190-8, paragraph 3-6 a, The following acts will not be permitted: (1) Fratemizatiorrbetween EPW, RP and U.S. military or.civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel a, d
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5. (ALL) Describe the training you received at the last Professional Military Education on handling/processing Detainees. How was it helpful in preparing you for Detainee Operations? How would you improve the training at the
khoolhouse? (1.1, 1.4) cr.—ay.-12J
6. (ALL) Describe the training the guard force received to prepare them for their duties. How do you ensure your guards understand their orders? (1.1, 1.2, 1.4, 1.6, 4.1) (FM 3-19.40, para 2-49) FM 3-19.40 , paragraph 2-23, The force has a commander of
the guard, one or more sergeants of the guard, a relief commander for each shift, and necessary
number of guards. There are two types of orders for guards: General orders. All guards are
required to know, understand, and comply with the general orders outlined for sentinels in FM 22­
. 6. Special orders. They apply to particular posts and duties. Special orders supplement general orders and are established by the commanders.)
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DA IG

7. (ALL) How does your unit conduct sustainment training for Detainee Operations? How often does this occur and please describe it? When did your unit last conduct this training? (1.1, 1.2, 1.4, 4.1) DoDD 2310.1 (The U.S. Military
Services shall be given the necessary training to ensure they have knowledge of their obligations under the Geneva Conventions (references (b) through (e)) and as required by DoD Directive 5100.77 (reference (f)) before an assignment to a foreign area where capture or detention of . enemy personnel is possible.) AR 350-1 para 4-14 c (2) and table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1-5 (4) (C), DOD Directive 5100.77, All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity.)
(ROE from CJCS ISO 'Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE." •
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8. (CDR/1SG) What are your policies on the establishment of a:unit holding area? How do you ensure that these areas operate IAW Law of War? (1. 1, 1.2, 4.1) (AR 190-8, paragraph 3-2, internment facilities will be established in the communications
zone of each theater of operations for the purpose of receiving, accounting for, administering, and logistically supporting DO. The operation of all EPW internment facilities is governed. The Theater commander remains responsible for the location of EPW facilities; detainees may be interned only in premises located on land and affording proper health and hygiene standards. Except in extreme circumstances, in the best interests of the individual, detainees will not be interned in correctional facilities housing military or civilian prisoners. Prisoners will not normally • be interned in unhealthy areas, or where the climate proves to be injurious to them, and will be removed as soon as possible to a more favorable climate. Transit camps or collecting points will receive the same treatment as in permanent detainee camps. The internment facility will be marked with the letters 'PW' (Prisoner of War camp) and will be placed so they will be clearly visible from the air during the daytime. Other markings may be used when agreed to by the
combatant commanders and approved by HQDA.) (ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE." AR 350-1 para 4-14 c (2) and table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1-5 (4) (C), DOD Directive 5100.77, All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation,, taking of hostages, sensory deprivation, collective punishments, execution without.trial by proper authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity.)
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9. (PUPS) What is the units' policy on the establishment of a unit holding area? How do you know that you are operating the holding areas IAW Law of War? ?
(1.1, 1.2, 4.1) (AR 190-8, paragraph 3-2, Internment facilities will be established in the
communications zone of each theater of operations for the purpose of receiving, accounting for,
administering, and logistiCally supporting DO. The operation of all EPW internment facilities is
governed. The Theater commander remains responsible for the location of EPW facilities;
detainees may be interned only in premises located on-land and affording proper health and
hygiene standards. Except in extreme circumstances, in the best interests of the individual,
detainees will not be interned in correctional facilities housing military or civilian prisoners.
Prisoners will not normally be interned in unhealthy areas, or where the climate proves to be
injurious to them, and will be removed as soon as possible to a more favorable climate. Transit
camps or collecting points will receive the same treatment as in permanent detainee camps. The
internment facility will be marked with the letters 'PW' (Prisoner of War camp) and will be placed
so they will be clearly visible from the air during the daytime.. Other markings may be used when
agreed to by the combatant commanders and approved by HQDA.) AR 350-1 para 4-14 c (2) and
table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for
officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the
unit. AR 190-8 para 1-5 (4) (C), DOD Directive 5100.77, All prisoners will receive humane .
treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution -without trial . by proper authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity.)
10. (ALL) How do you administratively process each detainee, (i.e., tagging pax and equipment, evidence, witness statements, etc.)? (1.1, 1.2, 1.6) (FM 3-19.40, paragraph 2-3, The commander is responsible for the administrative processing of each internee. When processing is complete, he submits a DA Form 2674-R to the servicing internment/resettlement information center (IRIC), which function as the field operations agency for the national IRIC located in CONUS. ) (AR 190-8, para 2-1, a. (1) (b) (c), All equipment, documents, and personal property confiscation during the search must be tagged and .
administratively accounted for by the capturing unit. DD Form 2745, Part C is attached to the
property confiscated from the Detainee, so that it may later be matched to that Detainee.)

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11. (ALL) How do you maintain good morale and discipline with Soldiers and leaders to enhance the security of the unit collection point? (1.1, 1.2, 1.6) (AR 600-20 para 4-1, Military discipline a. Military discipline is founded upon self-discipline, respect for properly constituted authority, and the embracing of the professional Army ethic with its supporting individual values. Military discipline will be developed by individual and group training to create a mental attitude resulting in proper conduct and prompt obedience to lawful military
authority. b. While military discipline is the result of effective training, it is affected by every feature of military life. It is manifested in individuals and units by cohesion, bonding, and a.spirit of
• teamwork; by smartness of appearance and action; by cleanliness and maintenance of dress,
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equipment, and quarters; by deference to seniors and mutual respect between senior and subordinate personnel; by the prompt and willing execution of both the letter and the spirit of the legal orders of their lawful commanders; and by fairness, justice, and equity for all soldiers, regardless of race, religion, color, gender, and national origin. c. Commanders and other leaders will maintain discipline according to the policies of this chapter, applicable laws and regulations,
and the orders of seniors.)
12. (ALL) What procedures do you have in place to ensure Soldiers and leaders-understand the use of force and rules of engagement for the unit 'collection point? (ROE Card, sustainment tng, etc) (1.1, 1.2, 1.4, 1.6, 4.1) (FM 3-19.40, paragraph 2­
29, An MP commander ensures that soldiers understand use-of-force guidelines and the ROE .
established by higher headquarters for each mission. Because the use of force and ROE vary depending on the category of housed personnel and the operational environment, the commander develops SOPs that follow the guidance provided. He balances the physical security of force with mission aCComplishment and the protection of deployed forces. ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE.)
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13. (ALL) What procedures are in place to dispose of captured contraband .(enemy supplies and equipment)? (1.1, 1.2, 4.1) (AR 190-8, paragraph 1-4g(3),
(Commanders will collect and dispose of captured enemy supplies and equipment through theater logistics and EOD channels.)
14. (CDR/1 SG) What policies/procedures do you have in place to ensure that all Detainees are protected, safeguarded, and accounted for (5Ss & T)?. What policies/procedures does your unit have to ensure the humane treatment of Detainees? (1.1, 1.2, 4.1) (AR 190-8, paragraph 2-1a(1), (The commanding officer of the
capturing unit will ensure that all Detainees are protected, safeguarded, and accounted for IAW AR 190-8. This regulation applies from the time of capture until evacuation to .designated • internment facilities.) AR 190-8, paragraph 1-5 a-g, (All persons detained, captured, interned, or otherwise held in U S Armed Forces custody during the course of conflict will be•given humanitarian care and treatment from the moment they fall into the hands of U S forces until final
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release and repatriation. All persons taken into custody by U S forces will be provided with the protection of the GPW until some other legal status is determined by competent authority.)
15. (ALL) What are your procedures for questioning Detainees? (Is
interrogation taking place?) Who is interrogating the detainees? (1 .1, 1 .2,

4. 1) AR 190-8, paragraph 2-1d, (The use of physical or mental torture or any coercion to compel
prisoners to provide information is prohibited. Detainees may voluntarily cooperate with PSYOP
personnel in the development, evaluation, or dissemination of PSYOP messages or productt.
Detainees may not be threatened, insulted, or exposed to unpleasant or disparate treatment of
any kind.because of their refusal to answer questions. Intelligence or counterintelligence •
personnel will normally perform Interrogations.)

16. (ALL) What are your procedures to evacuate a detainee from the point of •
capture to the Battalion/Brigade collection point? What transportation problems is
the unit experiencing either to move troops or detainees during the operation?
How do you process detainees too sick or wounded to be evacuated? (1.1, 1 .2,

1 .3, 1.5, 4.1) AR 190-8, paragraph 2-1(1) e, (Detainees will be humanely evacuated from the
combat zone and into appropriate channeld as quickly as possible. Instructions given to. detainees
during evacuation from the combat zone will be, if possible, in their own language and as brief as
possible. When military necessity requires delay in evacuation beyond a reasonable period of
time, health and comfort items will be issued, such as food, potable water, appropriate clothing
shelter, and medical attention. Detainees will not be unnecessarily exposed to danger while
awaiting evacuation. The capturing unit may keep detainees in the combat zone in cases where,'
due to wounds or sickness, prompt evacuation would be more dangerous to their survival than
retention in the combat zone.) AR 190-8, paragraph 1-4g(5), (Commanders will establish
guidance for the use, transport, and acuation of detainees in logistical support channels.)

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17.What is the number of personnel that is needed to move prisoners within the
holding area and then to higher? (i.e. for medical sick call, evacuation, etc.)?

(1.1 , 1.7, 2.1, 3.1) FM 3-19.40, para 4-34, A transfer may be a result of reclassification or
another situation requiring the movement of an EPW. Transfer an EPW from one facility to
another under conditions that are comparable to those for a member of the US armed forces
when possible. Security measures are determined by MP and are influenced by the type of EPW
being transferred, the mode of transportation used, and other pertinent conditions. AR 190-47,

• 11-3.b.(4), Guard requirements for prisoners being transported outside an ACS facility, by means
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of foot, motor vehicle, or aircraft (other than AIREVAC or U.S. Marshals Service aircraft) are as follows: (a) Trained correctional, military police or security personnel: Under maximum custody circumstances, there will be one guard per restrained prisoner and two unarmed guardS or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per five prisoners. In minimum custody circumstances there will be one guard per ten prisoners. Trustee guards will be determined by . the ACS facility commander. (b) Non-correctional personnel: It is required that at least one guard be a SGT or above who is equal or senior to prisoners in a pretrial status. Under maximum custody circumstances, prisoners will
have two guards per prisoner. In medium custody circumstances, prisoners will have one guard
per two prisoners, and in minimum custody circumstances there will be one guard per five
priSoners.
18. (ALL) What medical personnel are available to support DO? (1.1, 1.2, 1.3, 2.1, 3.1, 4;1) AR. 190-8, paragraph 1-4g(6) a-e, (Commanders will identify the requirements and allocations for Army Medical units ISO the EPW, CI and RP .program, and ensure that the
medical annex of. OPLANS, OPORDs and contingency plans include procedures for treatment of Detainees; Medical support will specifically include: First aid and all sanitary aspects of food ­service including provisions for potable water, pest management, and entomological support, ' preventive medicine, professional medical services and medical supply; reviewing, recommending, and coordinating the use and assignment of medically trained EPW, CI, RP, and OD personnel and medical material; establishing policy for medical repatriation of EPW, CI, and RP and monitoring the actions of the mixed Medical commission.) h •
19. (ALL) What procedures are in place when a detainee in U S custody dies? (1..1, 1.2, 4.1) AR 190-8, paragraph 3-3a (20): Report allegations of criminal acts or , war crimes committed by or against EPW/RP to the supporting element of the U.S. Army Criminal Investigation Command (USACIDC). Deaths resulting from other than natural causes will be investigated by USACIDC. Para 3-10 c: When an EPW or RP in US custody dies, the attending
medical officer furnish the camp (or hospital) commander or other officer charged with their custody before death, the following information: (1) Full name of deceased. (2) ISN of deceased.
(3) Date, place, and cause of death. (4) Statement that death. was, or was not, the result-of the deceased's own misconduct. (5) When the cause of death is undetermined, the attending medical
• officer will make a statement to that effect. When the cause of death is finally determined, a supplemental report will be made as soon as possible. e. The attending medical officer and the appropriate camp commander will complete a DA Form 2669-R (Certificate of Death). DA Form 2669-R will be reproduced locally on 8 1/2 by 11-inch paper. The form is located at the back of this regulation. This form is for the use of Army only. Enough copies of form will be made out to provide distribution as follows: (1) Original-information center. (2) Copy-information center (branch), if necessary. (3) Copy-The Surgeon General. (4) Copy-EPW or RP personal file. (5) • The proper civil authorities responsible for recording deaths in the particular state if the EPW dies in the United States. •
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20. (ALL) What equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, radios, weapons, etc.)? (CDR) Are any of these USR shortages and if so are you reporting them
on your USR?. (1.5)
21. (ALL) What types of supplies is greater in-demand for the unit during
detainee operations? What about health and comfort items? And are these items regularly filled? (1.5)
22.(ALL) What duties put the most stress on soldiers in terms of personnel resout ? (1.1, 1.7)
23.(ALL) What is the most important factor that you would address in terms of
personnel resources in regards to a successful detainee operation? ( 1 .7)

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24. (ALL) What AARS or lessons learned have you written or received regarding detainee operations? Can I get a copy? (preferably on disk) (2.1; 2.2) .
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25. Do you know of the procedures to get stress counseling (Psychiatrist,
Chaplain, Medical)? Do your Soldiers know of the procedures to get counseling (Psychiatrist, Chaplain, Medical)? (1.1, 1.2, 1.6, 2.1, 4.1) FM 319.40, paragraph
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2-48: Personnel assigned or attached to I/R facilities are trained on the care and control of housed personnel. They are fully cognizant of the provisions of the Geneva and UN Conventions and applicable regulations as they apply to the treatment of housed personnel. A formal training program should include stress management techniques. FM 8-51, Appendix D, D-2 f (3): Combat stress control units should provide routine mental health consultation to EPW confinement facilities. This should include: stress control advice to the command regarding the stressors of US Army MP personnel and any allied or coalition personnel working at the confinement facility; individual evaluation and intervention for guards or prisoners when indicated. AR 190-8,
Paragraph 1-5, (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ).
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26. Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying a DoD Component know that they -shall report reportable incidents through their
chain of command and that such reports also may also be made through other channels, such as the military police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of
the incident. .
become aware of a Detainee being abused? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1, ­Military and civilian personnel assigned to or accompanying a DoD Component know that they shall report reportable incidents through their chain of command and that such reports also may also be made through other channels, such as the military police, a judge advocate, or an Inspector General. AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity ; potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force,
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wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the
commander determines to be of concern to HQDA based on the nature, gravity, potential for
adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection
policy—civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be
exercised against the Cl. This provision does not constitute a prohibition against the use of .
minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their
• 'honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. . (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The Cl will be treated with the same consideration and . without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.) ..
28. What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva ConVentions, and•trocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident: AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army • . Confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. . C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190­8, 5-1. General protection policy—civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the Cl will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected 'against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of
this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious
Incident Report. Reporting instructions in AR 190-40 will be used.) ..


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29.Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.1, 1.2, 1.6, 4.1) (AR 190 40, Appendix B,
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Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following:
b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C. Category 2; Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all' prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences . of the incident. AR 190-8,5-1. General protection policy—civilian internee; a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This prOvision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and .public curiosity: In all official cases they will be entitled to afair and regular trial as prescribed by this regulation. (3) The Cl will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form.of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhuMane . treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
•-i50?)-1A,
30. What procedures do you have to report suspected detainee abuse (1G, CID, Next Level Commander) (1.1, 1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of conbem to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8,5-1. General protection policy—Civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulatiOns. (2) In all circumstances, the CI will be treated with respect for their
parson, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of
11 23221
violence or threats and insults and public curiosity. In all official cases they will be . entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious
Incident Report. Reporting instructions in AR 190-40 will be used.)
31. What systems are in place for detainees to report alleged abuse? (1.1, 1.2, 1.6, 4.1) AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1)
.
Appeals. The CI who are interned for imperative security reasons will be accorded the right to appeal the order directing their internment. Such appeals will be decided with the least possible delay by a board of officers. Appeals will be decided only on the grounds of the existence or
nonexistence of imperative security reasons requiring the internment of the protected person. 6­
4. Internee Committee a. Election. At each camp and branch camp, CI will be elected by secret written ballot to the Internee Committee. This committee is empowered to represent the camp to the protecting powers, International Committee of the Red Cross, or other authorized relief or aid organizations and U.S. military authorities. e. Duties. (3) (c) The presentatiorrand transmittal of
petitions and complaints to the appropriate authorities in proportion to the kind of labor performed. 6-9. Complaints and requests to camp commanders and protecting power, a. Persons may make complaints or requests to the camp commander, who will try to resolve the complaints and.
answer the requests. If the CI are not satisfied with the way the commander handles a complaint or request, they may submit it in writing, through channels, to HQDA, ODCSOPS (DAMO - ODL) NPWIC, WASH DC 20310-0400. b. Persons exercising the right to complain to the protecting power about their treatment and camp may do so—(1) By mail. (2) In person to the visiting . representatives of the protecting power. (3) Through their Internee Committee. c. Written complaints to the protecting power will be forwarded promptly through HQDA (DAMO - ODL) NPWIC, WASH DC 20310-0400. A separate letter with the comments of the camp commander will be included. Military endorsements will not be placed on any CI communications. d. If a 'protecting power communicates with a CI camp commander about any matter requiring an answer, the communication and commander's reply will be forwarded to HQDA (DAMO-ODL) NPWIC, WASH DC 20310-0400, for proper action. e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will-be used. •
32. What do you perceive as the mission of your unit? Describe the importance
of your role in that mission. (Insight to the Soldier's understanding and attitude concerning unit mission and their role) AR 600-20 Command Policy 2-1. Chain of Command
a: The chain of command assists commanders at all levels to achieve their primary function of 12 2323

DA IG
accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders •
delegate sufficient authority to soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these soldiers responsible for their actions. .
Describe your working environment and living conditions since being in
33.
Theater. (Identify physical and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4,
1.5, 1.6, 1.7) FM 101, Ch. 7, para. 3, "Tactical Vision. A primary CNC focus at the tactical level

-
will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support well forward on the battlefield must be developed. Frontline soldiers require brief respites from the rigors associated with combat. A facility complex (Force Provider) will be available in which they can shower, clean their clothes, eat hot meals, and rest in an environmentally controlled shelter. .
34. Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? (Identifies Soldier's. perception of the • chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel
the Command cares? Are they getting clear guidance?) 1 AR 600-20 • 13 May 2002 1-5. Command, b. Elements of command. c. The commander is responsible for establishing leadership climate of the unit and developing disciplined and cohesive units. This sets the . parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the mission rather than feed their self-interest..
Genn sc.DAtt,. 0 Azh.
.
13
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35. Are you aware of any incidences of detainee or other abuse in your unit? AR 190-8, 1-5. General protection policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW, until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered IAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is. prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and•the Uniform Code of Military Justice (U.CMJ). b. All prisoners will receive humane treatment without regard to. race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments,. execution without trial by proper authority, and all cruel and degrading treatment. c. All persons will be respected as human beings. They will be protected against all acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. .EPW/RP are to be protected from all threats or acts of violence: d. Photographing, filming, and video taping of individual EPW, CI and RP for other than intemal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander's chain of command. e. A neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are
receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the language of the EPW, CI and RP.
ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subjectto this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him maybe used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court­
.
martial. (1.2, 1.6)
14
Y
(grade, if any, and name), a member of the (DAIG). I am part of
I am 'a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to
. (specify'.
suspect that you may have committed '
offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you iri a trial by
,
courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In • addition to military counsel, you are entitled to civilian counsel of your own choosing, at your own expense. You may request a lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you want a lawyer?' (If the answer is yes, cease all questions at this point). Are you
willing to answer questions?
36.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard).

37.
Describe Soldier morale, feelings and emotional state prior to and after these

. incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, '• retaliation, preemption, family crisis) '
38. Was this incident reported to the chain of command? How, when & what was
done? What would you have done? (Identifies compliance, procedure, timeliness, Soldier perception of action taken and effect on unit morale.) (1.2, 1.6) (AR 19040,
-
Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving .
b. War crimes, including mistreatment of enemy prisoners of war, violations of the
the following: Geneva ConventiOns, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to-HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8,5-1. General protection policy—civilian internee,
a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not
15
2326;

constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and with-but adverse distinction based on race, • religion; political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HODA (DAMO-ODL), WASH DC .
20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
S
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard)
39. Describe any unit training or other programs that you are aware of that teach leaders and Soldiers' how to recognize and resolve combat stress. FM 2251, para
-
11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all
. echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health personnel. )
16 2327 i?

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DOD-024722
(identifies
40. What measures are in place to boost morale or to relieve stress? perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors.. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently byleadership at all echelons and by buddies at the small unit level. FM 22­51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOsI) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The .• commander is aided Sin this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized
Army CSC units and mental health personnel. .
•,..• •....„... .., iv
• -
. a a res co.the. comm and enact P e morale aiiU (Identifies perceived solution.) FM 22-103, Leadership
command climate of your unit? and Command at Senior Levels, 21 Jun 1987, p. 6, - "Leadership. The process of influencing -100,
others to accomplish the mission by providing purpose, direction, and motivation." AR 600Army Leadership, 17 Sep 1993, p. 8, 1987- "Senior-level leadership is the art of direct and indirect influence and the skill of creating the conditions for sustained organizational success to achieve the desired result. But, above all, it is the art of taking a vision of what must be done, communicating it in a way that the intent is clearly understood, and then being tough enough to
ensure its execution."
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Doc_nid: 
3861
Doc_type_num: 
73