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

/
SJA
INTERVIEW QUESTIONS

RankS:2LBr~nch1AG Date: o?;/9.'3/0 ¥ UnitJIKC fdf!1
.Duty pOSitiO!!WAt 62£1 N1 tt-fe;!fow Long in Job ":fu LtJ 3
IntervIewer IN£: Dt .
How Long have you been in Country 1/ pto 5 J

1. What specific measures has the commander/unit taken to ensure compliance with the Law of War regarding detainee operations? Individual training events? When? Collective/unit training events? When? (1.1, 1.2, 4.1) AR 350-1, Ch. 14
outlines LOW training.. Commanders tailor this training to the experience level of his soldiers . . AR 190-8 should at least receive mention as primary Army doctrine in this area and of course the··
Geneva conventions for EPW treatment' and DODD 2310.10 and CJCSI 5820.018 to indicate that Army Policy dictates that all receive EPW treatment at least until status can be determined. AR 190-8, paragraph 1-4g. Combatant Commanders, Task Force Commanders, and joint Task Force Commander have the overall responsibility for the EPW, CI, and RP program, operations, and . contingency plans in the theater of operation involved to ensure compliance with international law of war. 000 Directive 2310.1 provides that persons captured or detained by the U S Military services shall normally be handed over for safekeeping to U S Army Military Police, or to detainee collecting points or other holding facilities and installations operated by U S Military Police as soon as practical. 11
2. What is the minimum standard of treatment that the US must provide any detainee? What policies/procedures do units have in place to support the U. S. General Protection policy relative to the treatment of Detainees in the custody of the U S forces? (1.1, 1.2, 4.1) Common Article 3, Geneva Convention and DODD 5100.77
making treatment lAW GG during all military operations. Per Common Article 3, GPW; FM 27-10; 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 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.
r~!~d Ab{fnl~ 7111: 1fflVlf:11I1. C/t!il!J6NIJ /1./14 8
_~_tJtfV t1 _ t1 .:. r A. III e ta iJ {rr6N5· .
3. What specific measures did the uniUake prior to arrival in the AOR to ensure that subordinate leaders and soldiers know and understand how to treat; handle, and process detainees properly? Do leaders and Soldiers know and understand how to apply Detainee Operations doctrine and standards when they
1
2851
1 DAIG

arrive in the AOR? Can you provide some examples. (1.1, 1.4, 1.5, 1.7, 1.8) AR 190-8, 000 Directive 5100.77,1949 Geneva Convention, FM 3.,.19.40, These are the primary source for standards and doctrine concerning Detainee Operations. AR 190-8, paragraph 1-4 g, The AR is a multi-service regulation for all services. (AR 350-1 paragraph 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 paragraph 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. (000 Directive 5100.77, paragraph 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. How is the issue of classification of detainees being handled? Are any Article 5 tribunals being held or is there a presumption that the insurgents clearly do not meet the Article 4 GC III EPW criteria (commanded by a person responsible for. his subordinates, wearing fixed distinctive sign, carrying arms openly, conducting operations in accordance with the laws of war)? (1.1,1.2, 1.4, 1.6,4.1)
AR 190-8, Chapter 1, para. 1-4.d.(4} "Proyide guidance regarding GPW Article 5 Tribunals." Per GPW Art.5, Art. 5 tribunals are required in' International Armed Conflict situations when the EPW status of an individual is in doubt. Article 5 tribunals are not required absentinterh~tional armed conflict (State vs. State). Therefore, normally Art. 5 will not apply in Afghanistan. (Presently, this is a consideration primarily in IRAQ. However, classification lAW AR 190-8 is still an issue in Afghanistan)
DuNE ~f: ~ 2. :~ /1)j'"-[~~. (OrlJ£-t INI71~L #~tNlty(7'
fAJjJU 1-1\ r;. r I NV l-V/? 11 c. L!J $. .t1 t-C L..8 5f '" .
5. Did units receive training on the reporting of Detainee abuse? When did this training occur last and how often is it conducted by the units? Are units reporting Detainee abuse? What is happening to individuals who abuse Detainees? How many cases of detainee abuse have you heard of and or processed since you have been in country? At what point in the detention process are most of the abuses occurring? (point of capture, initial collection point, by guards at internment facility, by interrogators)(1.1, 1.2, 1.4, 4.1) AR 350-1, paragraph 4­
14. Law of war training a. Soldiers and leaders require law of war training throughout their military careers commensurate with their duties and responsibilities. Prescribed subject matter for training at the following levels is specified in paragraphs 4-14b-d of this regulation. (1) Level A training is conducted.during lET for aU enlisted personnel and during basic courses of instruction
2852
2
DAIG
for all warrant officers and officers. (2) Level 8 training is conducted in units for officers, warrant
officers, NCOs and enlisted personnel commensurate with the missions of the unit. (3) Level C
training is conducted in TASS. c. Unit commanders will plan and execute level 8 law~of-war
training based on the following: (1) Training should reinforce the principles set forth in The
Soldier's Rules. (2) Training will be designed around current missions and contingency plans
(including anticipated geographical areas of deployment or rules of engagement). (3) Training will be integrated into unit training activities, field training exercises and unit external evaluations. Maximum combat realism will be applied to tactical exercises consistent with good safety practices. AR 190-8 paragraph 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 ~iolence to include public curiosity.. Jl
VteiE 01£8/: p IU,J6tJ ( In 111-1 £fI tu ~ fYBl CEE D[~ t4J2J
IVd~f:. PdR..1 b ­
6. What control measures are units using to maintain detainee discipline and security in each internment facility/collection point? (1.1, 1.2, 4.1) Don't forget the 5 S's and T. These are valuable tools to maintaining discipline and security in a camp/collection point. AR 190-8, paragraph 3-6, Measures needed to
maintain discipline and security will be established in each camp/collection point and rigidly enforced. The camp commander will maintain records of disciplinary punishments. These records will be open to inspection by the protecting power. The following acts will not be permitted; Fraternization between EPW, RP and U.S. mifitary or civilian personnel. Fraternization is defined as improper or intimate communications-or actions between U.S. Armed Forces personnel and EPW/RP. Donating or receiving gifts or engaging in any commercial activity between persons in
U.S. custOdy and U.S. personnel. Setting up of courts by detainees. Disciplinary powers will not be delegated to or exercised by EPW/RP. Punishment will not be administered by EPW/RP.
_ ('uf/Ra 1(/vVfli~, '­

7. What are the procedures you follow if you personally notice or if it is reported to you that a detainee is injured and you suspect the detainee has been abused? What training has the unit received regarding reporting procedures for detainee abuse? (1.1, 1.2, 4.1) AR 190-8 paragraph 3-3 (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. AR 190-8 paragraph 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 inclucte public curiosity. -:7
CtjN?£IL[ c.6f( ~({ (onr4lJ)':t C-(JR.) ltV~tlJ~11 AdA £tPdA f
U! cae .!
)
2853
3
DAIG
DOD-027286
8. What are the procedures if 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 USAC/DC. 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) ISNof 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 commanaer 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.
CQN4 ueX B I$:-0 J IV 6j 11, fYlfly f/8rft fl6bl\) 1. ?~8~tJJ //1/ tIl/V£';r,t.clrr)/lf6 Itff)7J1t ..
9. What are the Theater guidelines for any EPW, GI, and RP claims against the
U.S. Government? (1.1, 1.2, 1.6, 4.1) AR 190-8, Ch.1, para. 1-4d.(3) requires T JAG (or . his representative) to provide guidelines for any EWP, CI, and RP claims against (the U.S.
Gt)Vernment. .
D'b N I') &, t,fJ L L

! 10. (Internment facility Judge Advocate only) What is the procedure if an
EPW or detainee wants to make a complaint or requests to the camp
commander regarding conditions of their internment? How are Detainees
complaints and requests to the camp commander processed? (1.1, 1.2, 4.1) AR
190-8, paragraph 3-16, EPW and RP have the right to make complaints and requests to camp
commanders and the ICRC/protecting powers regarding the conditions of their internment. EPW
and RP may not be punished for making complaints, even if those complaints later prove
unfounded. Complaints will be received in confidence, as they might endanger the safety of other
detainees. Appropriate action, including segregation, will be taken to protect detainees when
necessary. This policy also applies to persons who are confined pending trial or as a result of a
trial. b. EPW and RP may take complaints or requests to the camp commander.
c . Persons exercising the right to complain to the ICRC or protecting power about their treatment
and camp may do so: (1) By mail. (2) In person to the visiting representatives of the ICRC or
protecting power. (3) Through their detainee representative. d. Written complaints to the
1
2854
4
DAIG

protecting power will be forwarded promptly through HQOA, OOCSOPS (OAMO-OOL) NPWIC. A
separate letter with the camp commander's comments will be included. Military endorsements will not be placed on a detainee's communication. e. If an ICRC/protecting power communicates directly with an EPW/CI camp commander about any matter requiring an answer, the communication and commander's reply will be forwarded to HQOA, OOCSOPS (OAMO-OOL) NPWIC, for proper action. f. Any act or allegation ofinhumane treatment will be investigated and, if substantiated, reported to HQD"A as a Serious Incident Report (SIR) per AR 190-40. Once completed, a copy of the SIR accompanies the prisoner to the EPW/CI camp, and a copy is furnished to the monitoring Branch PWIC. All available pertinent information that the EPW or RP is Willi~ to give, will be entered 9n the form.
~dH 1 P.E CA LL ~OlJ, flr2~8· GlAY6 L,,{(S) tU'flri kif H&.\· tv] e$ J 1Y\ I W k af TUG f\ t. ~Ilj hj .
11. Have any detainees refused repatriation? If so, what happened to them?
(1. 1, 1.2, 4.1) AR 190-8 paragraph 2-2 d Repatriation or parole of the remainder should be considered, with the final determination directed by HQOS. Prisoners will not be forced to be repatriated against their will. Prisoners who refuse repatriation will be treated as prisoners of war until their legal status and further disposition can be determined by competent authority. AR 190­8, paragraph 6-16a (1 )-(3), (1) Control and accountability of CI will be maintained until the CI is receipted for by a representative of his or her country of residence or a deSignated protecting power. (2) After hostilities cease and subject to the provisions of (3) below, CI will be released as soon as the reasons for their interment are determined by the theater commander to no longer exist. (3) The CI who are eligible for release but have judicial proceedings pending for offenses not exclusively subject to disciplinary punishment will be detained until the close of the proceedings. At the discretion of the theater commander, the CI may be detained until completion of their penalty. The CI previously sentenced to confinement as judicial punishment may be similarly detained. Lists of the CI held under this guidance will be forwarded to the· Branch PWIC and NPWIC for transmittal to the protecting power.
ilia'
12. What happens when a detainee is suspected of, or is known to have· committed a serious offense while they are being interned at either the collection point or detention facility? Describe the due process available to detai"nees and rights of the detainee suspected of committing a serious offense. Have you or any Staff Judge Advocate provided legal advice to a detainee who might have committed an offense? (1.1, 1.2, 1.4, 1.6) AR 190-8, paragraph 3-7a, band c -EPW/RP
are subject to the punishment under the Uniform Code of Military Justice and other U.S. Laws, regulations and orders in force during the time of detention. b. Judicial proceedings against EPW and RP will be by courts-martial or by civil courts. When EPW are tried by courts-martial, pretrial, trail, and post -trial procedures will be according to the UCMJ and U.S. Manual for Courts-Martial. An EPW will not be tried by a civil court for committing an offense unless a member of the U.S. Armed Forces would be so tried. c. When pOSSible, diSCiplinary rather than judicial riwasures will be taken for an offense. The disciplinary measures below are authorized: (1) Suspend or eliminate privileges granted over and above the minimum privileges provided for in the GPW and CG. (2) Confinement. (3) A fine not to exceed one-half of the advance of pay (article 60 GPW)
285$
5

DAJG

and working pay (article 62 GPW) that the detainee would otherwise receive during a period of
not more than 30 days. (4) Fatigue duties not exceeding 2 hours daily. This punishment will not be applied to officers. AR 190-8, paragraph 3-8, a -d a. No EPW or RP will be tried or sentenced for an act that was not forbidden by U.S law or by international law in force at the time the act was committed. b. No moral or physical coercion will be exerted to induce EPW or RP to admit guilt for any act. C. NO EPW or RP will be convicted without having had the chance to present a defense and without having assi~tance of a qualified advocate or counsel. d. Accused persons will be notified promptly of the charges in writing. Charges will be in the language understood by the accused ....
N tJ
I
•NO

13. What is your feeling on how Detainees are being treated? What do you feel· is the primary focus/purpose of detainee operations. (force protection, punishment, rehabilitation, protection, merely a regulatory/legal requirement) No standard. Personnel observa.tions·and feelings. (1.1, 1.2,
1. ,2.1, 4.1)
14. What MRs or lessons learned have you written or received regarding detainee operations? Can I get a copy? (preferably on disk) (2.1, 2.2) AR 350-1, paragraph 4-3c. c. The after action review is a structured review process that allows military training participants to discover how and why certain events actually happened and how to improve future task performance. The reviews focus on military training objectives, on
performance according to Army standards, and on discovering lesson learned for sustaining and improving collectives and individual task performance profiCiency. lMR¢ (., Mb Or! (l IN ?II /d1lt11 iPtf Ii I
J
15. What do you perceive to be doctrinal legal shortcomings pertaining to
Detainee Operations and how would you fix/incorporate into updated
doctrine/accomplish differently? How about Force Structure of Staff Judge
Advocate to ensure Detainee Operations can be successfully accomplished?
What are the shortcomings and how do we fix the problem at the Army-level?
(1.1, 1.3, 1.5, 1.7,4.1) AR 190-8, paragraph 1-4d The Army Judge Advocate General

(T JAG). The T JAG will provide HQDA guidance and advice to commanders on the legal aspects
of the EPW, CI and RP program. TJAG will-(1) Conduct liaison in coordination with ASA-ISA,
the Department of State, the Department of Justice, and other Federal agencies; the JCS; the 'Ii6

f'i?111tv' fCAu)TR.fYtlbtV w19S ~L~ffY t;litJGltL~~f tvllt.·fII IIJ(;N[IiC'1'. ; IYffl)fI!tf5' ' . 2856
6
DAtG