Army Detainee Operations Report: DOD Questionnaire of Lieutenant Colonel re: Detainee Operations

:bX6)-4 & (bX 7)(C)-4 MP BDE COMMANDER INTERVIEW QUESTIONS (b)(6)-4 & (b)(7)(C)-4 (b)(6)-4 &D Rank 1-I 6*.. Branch (b)(7)(CVDDate: /0 AIL.' Unit._ (ibs)(6)-4 & Duty Position DHow Long in JobZ2- les • Interviewer How Lon in Country 3 it ...ye • tt/ ir 1. What references/standards/publications/SOPs do you require your subordinates to use for Detainee Operations? (1.1, 1.2, 2.1, 4.1) AR 190-8, DoD Directive 5100.77, 1949 Geneva Convention, FM 3-19.40, These are the primary source for standards and doctrine concerning Detainee Operations Detainee ‘-r) p."-.-'7-4-4° 42)-( /1' f -t ;bX2)-4 R. What MP units under your command operate US military controlled internment (b)42)-4 Facilities? (Battalion and Company) How many Internment Facilities under U.S.D Military Control, do you operate? Where are they positioned across the Theater? Hav you visited any of DIV /BDE Collection Points? (1.3, 1.7, 2.1, 4.1) (FM 3-19.40, Appendix bX2)-4 3. What are the policies on the establishment of Internment facilities? How do you ensure the units are operating these locations/facilities under the provisions of the Geneva Convention and AR 190-8(ROE, Interrogation Techniques, general orders, humane treatment, etc)? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-1, Internment facilities will be 4. Are your operations employing detainees for work? If so, what are the General policy and procedures for the Employment and Compensation of Detainees? (1.1, 1.2, 4.1) (AR 190-8, Para 7-1, b. & c., The CI will be employed so far as possible for the construction, d. 5. Is there (or do you have) a policy on the ratio of guards to Detainees? If so, what is it? Is this standard being met? If not, what is the shortfall and how are your units 1 DAIG - 972 - managing the challenge? (local sop)(1.1, 1.2, 1.3, 2.1, 3.1, 4.1) FM 319.40, Appendix D, Table d-1 MP I/R Units, MP company (guard) TOE 19667L000, Assigned to l/R battalion, Duties Provides guards for EPWs, Cls, US military prisoners, DCs, and installations and facilities at an I/R facility. Is capable of securing 500 US military prisoners, 2000 EPWs, 2000 Cis, or 4,000 DCs in an I/R facility re, XZ-3 /4 3 if ceV A140- :eX2)-3 6. What is your detainee segregation policy? (1.1, 1.2, 1.3, 1.8, 2.1, 3.1, 4.1) ((EPWs, Females, Juveniles, Civilian Internees (to include those that are security threats, those that are hostile to coalition forces, and possible HVT!HVD, and Retained Persons, Criminals, etc.)) What can you tell me about the categories of Detainees that you are holding? What are they and what are the definitions of the different categories that your organizations detain? How are you organized to handle the diff ent categories of Detainees (EPW, CI, HVD, OD, and refugees?) (AR 1908, para 6 - ,- , ea -62-, r- nw tJ YS. r" „y-drp- t a- 7. What is the minimum living space standard for each Detainee? Who set the provisions of minimum living space for Internment Facilities? (when possible, consult the preventative medicine authority in theater for provisions of minimum living space and sanitary facilities). Has a preventative medicine expert given advice on this? (1.1, 1.2, 1.8, 2.1, 2.,2, 4.1) (AR 190-8, para 6-1, b. (2) (3), The sleeping quarters shall be 14-D/'mss-4n 8. Are the Corps of Engineers involved in any facility upgrades/improvements in Theater for Detainees? If so, what are some ongoing projects? What do you know of the Engineer Corps' Theater Construction Management System (TCSM). Were you aware that they have plans, specifications, and materiel requirements for Internment Facilities based on Detainee population? (1.1, 1.2, 1.8, 4.1) (FM 319.40, paragraph 6 6. The - - . lc- l2-I , C.4s6-e.D - 9. Do you use Military Working Dogs (MWD) within detention facilities? (1.1, 4.1) FM 3-19.40, 5-74, The MWDs enhance the security and safety of an 1/R facility. They can be used for patrolling andrtecting ex es and narcotics.) ...e.,.....t i......,....) losiv.e.1.-1 6D...A •...., A, :-. oller4...- t :"...-- i re.g.init•-•0 6 4.....,...rts ? ,t,), 1.•—e-44-/ 5,----e.t.../). 2 \ I +.ev 4-grA;(4 DAIG 973 a - 10. What is the current policy to grant conditional access to the International Red Cross/Crescent to Detainees? Has this always been the policy? Are they the only NGOs that have conditional access? If not, who are the other organizations? (1.1, 1.2, 2.2, 4.1) (AR 190-8, para 5-1, a. (5), e. (1), The CI will be entitled to apply for assistance to the 11.Explain how medical information is kept on each individual Detainee? (1.1, 1.2, 1.5, 4.1) (AR 190-8, para 6-6, f. (1), The medical records and forms used for the hospitalization and treatment of U.S. Army personnel and for EPWs will be used for CO Ariese—t.— rL r,Q _ 12. What is your responsibility to the National Detainee Reporting Center (NDRC)? What is your relationship with the Theater Detainee Reporting Center (TDRC)? To the best of your knowledge, when were these centers stood up? Describe the Detainee Reporting System? (Software used, Data Base Management, Data Validation, Contingencies, Security and Privacy, etc.) Who has access? (1.1, 1.2, 1.3, 1.5, 2.2, 4.D(AR 190-8, para 1-8, a, b, and (1) The Branch PWIC functions as the field operations agency for -t-13A-1-cZ• k te 12),A-1— SLA 13.When are Detainees assigned Internment Serial Numbers (ISNs) (from point of capture to internment? Are there any reasons why Detainees would not be assigned ISNs? (AR 190-8, paraDd., Internment serial number (ISN . ISNs for each CI will be assigned t 3 14. What are the policies and procedures for US Forces transferring detainees to other Coalition Forces/Host Nation Forces? Has this been done? (1.1, 1.2, 2.2) (AR 190-8, teJD .Sr2)D 1j-.1, SDGD •Q--c /6-441-D .D-/D 1..1/t#9)D&er-t CAAC.fri) 3 DAIG - 974 0 15. What are the procedures that allow other United States Government Agencies (OGA) access to Detainees? Who is the approval authority? How much notice do they have to provide the chain of command? Do Detainees ever leave U.S. Military Control for interrogation? How about U.S. Military Police control to MI control? What is the process for turnover and accountability of the Detainee? What happens if a detainee is returned to U.S. Military Control from an OGA, and it is determined that abuse has occurred? (1.1, 1.2, 4.1) (FM 3-19.40, para 3-68, The interrogation area accommodates an 16. How are interpreters (linguists/translators) integrated within the Detainee Detention system (within each facility)? (1.1, 1.2, 1.3, 1.7, 3.1, 4.1) (FM 3-19.40, para 4- 6, Request interpreters from MI, PSOP, allied forces, or local authorities as necessary.) A./6 h lv-,-w•f-y t• / AG. 17. What are your biggest issues concerning logistical, contractor, and interpreter support for Detainee Operations? ? (1.1, 1.5, 4.1) (FM 3-19.40, para 7-101, Supply functions g---r-/-7( . 18.What are your biggest issues concerning adequate facilities for Detainees? (1.1,1.8, 4.1) (AR 190-8, para 6-1, Discusses in detail, the standard for internment facilities for Cis.) 1"r 19. Can you describe the in-processing actions required for Detainees? What are some of the reasons that Detainees are not accepted to the internment facility? Are capturing units/subordinate units properly processing Detainees? If not, what are they doing wrong? Is it administrative in nature or in the physically handling of Detainees?(1.1, 1.2, 4.1) (AR 190-8, para 6-2, Discusses in detail the administrative processing by MP units of Sr•'-'2 /".""IS 4, 711""-Ver °Irne°--e." 6011.4 44_ soft•sipt. rue kt isAetre.D . Pie ffr.:er. fr—A X17-A f.:4,4J-4 4-7 4,-41 C•14 art Gy tern Afro e...dry ) 4 DAIG - 975 @X24 Aka_ I L.b-PJ - g-- s frA.t_c ,b)(2)-4 "we 41tris. 5-2-0 r--v• DAIG -976 I/3C OZth.4•• / er4. e • 20. What is the process to account for and dispose of weapons and contraband confiscated from Detainees? What happens to personal property? (Is it disposed of/tagged along with the Detainee and is it stored properly and accounted for?) Why is the DD Form 2745 (Capture Tag) not being used? What are units using in lieu of (if any)? ((Detainee Capture Card found in draft MTTP, Detainee Ops—this card does not require near as much data as DD 2745 (). The CPA Apprehension Form helps offset the lack of info on the Detainee, however it is usually filled out in a single copy (not the 3 required))) Who decided on the use of the Coalition Provisional Authority Apprehension Form and why? (1.1, 1.2, 1.4, 2.1, 2.2, 4.1) (AR seized from an EPW/RP [AR 190-8, 2-2b(1)] will be documented on the DA Form 4137. 21. Does the current force structure meet the requirements to run Internment Facilities? ..b)(2)-3 not why? What recommendations can you can you provide? Do your units have what they need to accomplish the mission (personnel/equipment) without additional support? If not, explain? What do you perceive to be doctrinal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine and accomplish differently? (1.1. 1.3. 1.5. 1.7. 2.1. 4. 11 AR 190-8 nnn nirentivp 5101) 77 194Q b)(71-3 22. What is the ROE concernint Detainees? How d6 you ensure that this ROE is being followed and understood by all Soldiers in your command that have any contact with -Detainees? What is the policy to train on the established Rules of Engagement (ROE)? ow often does this occur? Does this training include Rules of Interaction (R01)? (1.1, 1.2 1.4. 1.6. 4.11 (pop Directive 5i no 77 nars S S 1 The Ser retariec of the Military nianartmpntc (bX2)-3 bX2}3 23.What procedures are in place When a detdiriee in U S custody die .(1.1, 1.2, 4.1) S'oP lo 24.What are the procedures for repatriation? (1.1, 1.2, 4.1) AR 190-8, para 3-12 thru 3-14,has 'details on repatriation. SI —D c-44.1 ci7 5 DAIG - 977 :4_ k‘,A)D.cr, I4 2 DAIG - 978 DOD-016562 25. What religious activities are permitted? (1.1, 1.2, 1.6) (AR 190-8, Ch 1-5, g (1), (g), EPW,e Gt4r,fe"..) 1/110 du-0 vie --ti7 te 26.Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or n the nature, gravity, potential for adverse publicity, or potential consequences of the incident. Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.2, 1.6) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1 DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.1 • 61(4)1r-(71-5 rfa di(Dtv-P-ACe,—...c C'D3,/ ?4.6 - 27. 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- 28. Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. 29.What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) (1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable SeriousIncidents, B-1.D elf 6 DAIG - 979 DOD-016563 30. What procedures are in place for Detainees to report alleged abuse? (1.2, 1.6, 4.1) 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 Chain of Command a. The chain of command -1. 4...r..... 'P.c 5r........--, T •-• Tig144,1"0—*--",---e— 1.... e" La Li— •-r-,m," Al;ro Orr4-411. C. • • ..IA ..-• 5' 7 ri4-6-4 33. Describe your working environment and living conditions since being in Theater. (Identify physical and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4, 1.5, 1.6, 1.7) FM 10- • ;W.Atitrl . e tA • "4••••¦ ". A •••46.' L/-1G/116 I 444 gl.r.itgs /147C/ itrLfrs/ A'/ eat-' ;D•D• L.))11r^16 (444) plyeef) 34. Describe the unit command ciimaffand 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 800-20 • 13 May 2002 1-5. Command, b. Elements of command._ 35. Are you aware of any incide ces of detainee or other ab se in your unit? AR 190-8, 1 opl.t.W •41r7 G-irv•ew r fry-444 Ate7 tt.4-• C L .1.43 tri '13•41A— CA4--,4.4.2.24• . AlAbtc-.Cice-m-O ) ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to 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 7 DAlG - 980 ovi_c tP Drar_AL Fv1;" ; VV*j-A147" Al 14441S f-ike)L °i/3-3% 5n,c-OP r_r _ ei V,0., ° v.r-4-rk- DAIG - 981 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 may be 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) (grade, if any, and name), a member of the (DAIG). I am part of a I am 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 suspect . (specify offense, i.e. that you may have committed 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 in 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) D Sfr"DcdPD 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? (Identifies compliance, procedure, timeliness, Soldier perception What would you have done? (1.2, 1.6) (AR 190-40, Appendix B, Category 1 D of action taken and effect on unit morale.) 8 DAIG - 982 a DOD-016566 z_v S' 4" pt...e.„ (..:247 , "ILL I r 1 -17,--fr v-'" C? 6-v--e,*---. "T 8 e-c.... t ., ..,_,.f.... - 6o ‘.e -7 o ov,,,t..,ZIrv,- --(7,Z 1Zr k-e_,;-,47.-41. . c-.1Gtes (Alfwv.-ja free.. (7 (144 12,,J tt,4_ 2 lzp 11.4 PS' lek -31YXeL 39. How could the incident have been prevented? (Identifies root cause and perceived solution) (No aRplicable standard)D 4........" 1-16. DLtot Drh4" -D2, ‘,-.4' s C•'01 -14.);rg'l ' 1:1.4 40. 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 22-51, para 11-5. 41. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which . SO_ sr,v_h r 7vc/v -t7 k4n,lf 42. What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution.) FM 22-103, Leadership and Command at 9 DAIG - 984 DOD-016568