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

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DlV SPT AREAlBDE SPT AREA CDR
(or whoever is responsible for the COLLECTION POINT)
(as it relates to the COLLECTION POINT)
INTERVIEW QUESTIONS

RankLf C Branch CA~ Date 0:) 11,'10 YUnit. '5
B/eBeT
Duty Position EN t-lJ R How Long in Job__________ Interviewer
1. As the BSAIDSA Commander what are your responsibilities concerning the EPW/Detainee Collection Point? How has your unit prepared for this mJssion? What is your relationship with the Collection Point OIC? (1.1, 1.2, 1.4) (DOD
Directive 2310.1 provides that persons captured or detained by the U.S. Military Service shall normally be handed over for safeguarding to U.S. Army Military Police, or to detainee collecting points or other holding facilities and installations operated by U.S. Army Military Police as soon as practical. AR 190-8, para 1-5, a. (1) All persons captured, detained, interned, or otherwise held in
U.S. Armed Forces custody during the course of the conflict will be given humanitarian care and treatment from the moment they fall into the hands of the U.S. forces until final release or repatriation.) FM 63-20 Ch 5 MP Operations. A direct support military police platoon is usually operating from the BSA. The battlefield missions performed by this platoon may include battlefield circulation control, area security, operation of the EPW point, and law enforcement. MPs conduct collection, evacuation, and internment operations to support their EPW mission. The EPW point holds EPWs captured by brigade units u.ntil they can be evacuated to the division central collection point. FM 3-19.40 covers EPW operations in detail. FM 63-21 Ch 4 S1 Section~ Other functions of the PAC in support of the MSB include-Coordinate with the S2/S3, S4, and MP platoon leader on the location of EPW collection points; Project numbers of EPWs and civilian internees; Determine total transportation requirements for losses, replacements, and EPWs.

2. Can you tell me what basic publications you use for Detainee Operations (doctrine and standards)? Describe the basic principles of detainee operations and how you are applying them? (1.1,4.1) (AR 190-8, DoD Directive
5100.77,1949 Geneva Convention, FM 3-19.40 IIR Operations FM 3-19.4 MP Commander's Handbook are the basic/primary sources for doctrine and standards. FM 63-20 Forward Support BN, FM 63-21 Main Support BN)
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3. 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 support the operation ora
Collection Point? (1.1, 1.2, 1.4, 1.6, 4.1) AR 350-1 para 4-14 c (2) and table G-1

Refresher training, dated 9 April 2003),Level 8 training is conducted in units for officers, warrant
officers, NCOs and enlisted personnel commensurate with the missions of the unit. FM 3-19.40,
. paragraph 2-2, Commanders are familiar with applicable regulation, dii'e~1ves, internation-allaws, and administrative procedures. ) 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
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4. How did Home Station/Mob Site Training prepare you to conduct Detainee Operations to include having a Collection Point in your ~Hea? (Did this include Law of War and treatment of Detainees training.)? ? (1.1, 1.2, 1.3, 1.4, 4.1)
00002310.1 (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 000 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 8 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. (AR 350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level 8 training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the uriit. 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. (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.
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5. In relation to where the detainees are housed, how far away are your ammunition and fuel storage sites? (1.1, 1.2, 1.8) AR 190-8, Paragraph 2~1 f (2) Prisoners will not be located next to obvious targets such as ammunition sites, fuel faciljties, or
communications equipment.... FM 3-19.40 para,-3-25 ... 00 not locate captives near obvious targets (ammunition, fuel)
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6. How do you integrate the security and defense of the collection point into the BSAIDSA defense? What is your normal ratio of guards to detainees in the camp? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? How do these shortfalls impact your mission (1.1, 1.2, 1.3, 1A, 1.5, 1.6, 1.7, 1.8, 2.1, 3.1, 4.1) FM 63-20 Ch 5 The FSB commander is responsible for
BSA security and terrain management. His goals in this area include the following: Secure the BSA and facilities. Minimize enemy interference in C3. Minimize enemy interference in support operations. Ensure freedom of movement of friendly troops throughout the BSA. This will involve control of dislocated civilians which is coordinated with the division G5 through the DISCOM headquarters. Defeat Levell threats and respond appropriately to Level II and III threats as discussed in this chapter. Provide and coordinate area damage control FM 63-21 Ch 1 The MSB commander plans and manages the security and movement of MSB elements in coordination with the DISCOM S2/3. METT-TC for the guard ratio. . (i.:,.'iL)-~
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7.1 Are you experiencing any transportation problems to move detainees, and if so what? What is the number of personnel needed to move prisoners internally or externally (Le. to the internment facility, from the BN Collection Points, for medical, evacuation, etc.)? (1.1, 1.5 1.7) FM 3-19.40 paragraph 3-45 Captives should
not remain at the forward:CP more than 12 hours before being escorted to the central CP. When
they have been processeq and are ready for evacuation, MP leaders -Report the status to the
BSA TOC and the PM (t~rough MP channels). Request transportation, rations, and water from
the FSB Supply Officer (US Army) (S4). Ensure that receipts are ready for signature. Ensure
that property is properly tagged and given to escort guards. FM 3-19.4 Chapter 7 Para 7.8, The
number of MP needed to operate a division forward collecting point is based on the number and
. rate of captives expected and the METT-TC. FM 3-19.40 para 3-54 Captives should not remain at the central CP more than 24 hours before being evacuated to the CHA. FM 3 ..19.40, para 4­34, 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 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
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custody circumstances, prisoners will have one guard per two prisoners, and in minimum custody circumstances there will be one guard per five prisoners.
8. What MP units (guards, escort, detachments) do you have at your disposal to operate and maintain the collection point? Do you have any shortages? How do these shortages impact your mission? What non-MP units are you using to help operate the camp? Do you have any shortages? How do these shortages impact your mission? (1.1, 1.2, 1.3, 1.7) FM 3-19.40 para 3-37. A division operates two
types of CPs-forward and central. A division MP Company operates forward CPs in each maneuver brigade AO and a central CP in the division rear area. Both CPs are temporary areas designed to hold captives until they are removed from the battlefield. Forward CPs are positioned as far forward as possible to accept captives from maneuver elements. Central CPs accept captives from forward CPs and local units. MPs have ddctrinal mission but JRTC/NTC had the B§A CDR responsible .
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9. What personnel or equipment USR shortages are affecting your ability to support detainee operations? What are your resource shortfalls to support this operation? What types of supplies is greater in-demand for the unit during detainee operations? (1.3, 1.5, 1.7, 2.1, 3.1) u~

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10. What do you perceive to be doctrinal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine/accomplish diff~rently? How about Force Structure 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) (AR190-8,paragraph1-4g(2),
(COmmanders will plan and procure logistical support to include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for ~O. FM 3-19.40, para 7-101, Supply functions in a confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from falling into the hands of prisoners.)
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11. What procedures do you have in place to ensure Soldiers and leaders understand the use of force and rules of engagement for the collection point? (1.1, 1.2, 1.4, 1.6, 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."
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12. What kind of stress counseling are Soldiers/Guards provided? (1.1,1.2,2.1, 4.1) FM 3-19.40, paragraph 2-48, Personnel assigned or attached to IIR 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 formeiJ training program should include -stress management techniques. AR 190­8, 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). FM 8-51, Appendix 0, 0-2 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. .
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13. Do you maintain a separate site for sick or wounded Detainees? If so where is it and how does your unit maintain the security and safeguarding of Detainees there? ? (1.1, 1.2, 1.8, 2: 1, 3.1) AR 190-8, paragraph 3-4 i(2) Every camp will
have an infirmary. EPW/RP with a contagious dise~se, mental condition, or other illness, as
determined by the medical officer, will be isolated from other patients. A list of endemic diseases
of military importance can be obtained from the theater surgeon or preventive medicine officer.'
EPW/RP will be immunized and reimmunized against other diseases as recommended by the
Theater Surgeon. EPWIIR suffering from serious disease, or whose condition neces.sitates
special treatment, surgery, or hospital care, must be admitted to any military or civilian medical
unit where such treatment can be given. FM 3-19.40 Para 2-10 Commanders consider the
following when establishing medical care (see AR 190-8): • The medical treatment facility
provides isolation of communicable diseases, disinfection, and inoculations. Use retained medical
personnel and EPWs with medical training to the fullest extent possible when caring for sick and
wounded EPWs. When medical care is inadequate, transfer housed personnel to military or
. civilian medical facilities where the required treatment is available. AR 190~8 para 6-6.c. Medical facilities. Each CI camp will provide personnel, material, and facilities for adequate routine and emergency dispensary treatment.
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14. What medical assets are in direct support of the collection point? What medical support are you lacking? How does this affect the ability to perform the rest of your mission?' (1.1, 1.2, 2.1, 4.1) AR 190-8 para 1-4g(6) (The commander
should identify requirements for Army Medical units in support of the EPW, CI, and RP program and ensure that the medical annex of OPLANs, OPORDs, and CONPLANs include procedure for treatment of EPW, CI, RP, and ODs. a. Medical support specifically includes: First aid and all sanitary aspects of food service including provisions for potable water, pest management, and entomological support. b. Preventive Medicine: Reviewing, recommending, and coordinating the use and assignment of medically trained EPW, CI, RP, and 00 personnel and medical material? Establishing policy for medical repatriation of EPW, CI, and RP and monitoring the actions of the Mixed Medical Commission? !l J?"-
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15. Describe how the unit plans and procures logistical support to include: subsistence, organizational, and NBC clothing and equipment items, mail collection and distribution, laundry, and bath equipment ISO DO. (1 .. 1, 1.2,1.4)
AR 190-8, paragraph 1 ~4g(2), (Commanders will plan and procure logistical support to include: transportation, subSistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO.)
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16. How do you provide the collection point with water? (Bottled water or bulk water)? (1.1, 1.2, 1.8) AR 190-8, paragraph 3-4 f(3) Sufficient drinking water will be supplies to E,fW IRP "
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17. What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2,4.1) AR 190-8 para 3-3a (20): Report allegations of criminal acts or war crimes committed by or against EPW/RP to the supporting element ofthe 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
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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 wjll 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 statel the EPW dies in the United States .
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18. What MRs or lessons learned have you written or received regardin'g detainee operations? Can I get a copy? (preferably on disk) (2.1, 2.2) AR 350-1, paragraph 4-3c. 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.
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19. 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.

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20. What procedures do you have to report suspected detainee abuse? Who can you report abuse/suspected abuse to? (IG, CIO, 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
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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 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 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 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.)
21 .. Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.1, 1.2, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying aOoD 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 incidert. 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 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 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 ail 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

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regulation will be reported to HQDA (OAMO-OOL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
22. What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2, 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 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 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 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 entitted 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. Re"?rting instructions in AR 190-40 will be used.) .
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23. 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 presentation and 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
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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 alfegation of inhumane treatment or other violations of this regulation wilf be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incjdent ReRort. Reporting instructions in AR 190-40 will be uS!3d
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24. What do you perceive as the mission of your unit? Describe the importance
of your role in that mission. (Insight to the Soldier's unde~standing 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 af/ levels to achieve their primary function of 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 responsiblef9r their actions.
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25. 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 10-1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical level wilf continue to be on sustainment of the soldier. Each company-sized unit wif/ have two cooks and a smaf/, 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. _____________________

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DOD-027347

26. Describe the unit command climate and Soldier morale. Has it changed or­evolved 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 comm;:lnd. 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. . ---;'""7""---:.--....,---:--...,..---r-------­
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Are you aware of any incidences of detainee or other abuse in your unit? AR 190­8, 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 intothe 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 lAW 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 provpcation. Inhumane treatment is a serious and punishable violation under internationallafN and the Uniform Code of Military Justice (UCMJ). 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 internal 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" ~II be posted in each camp in the language of the EPW, CI and RP. Irfo tit. If r ti J..fL-. .
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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 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 court­martial. (1.2, 1.6)
I am (grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes meto suspect that you may have committed . (specify 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 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 cou,nsel 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? .
27. Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard) ______· __________
28. 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) ___________________
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29. 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 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 concern to HQOA 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 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-out 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 (OAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)__
30.
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard) __________________

31.
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. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and
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" 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 t~em. 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. ) Co M B8 L G/J tV l'Q)Jt; (fAf"'\ '\ 1££ j/" . " ,
32. 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 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 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 [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual sold~ers 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 commanders responsibility (see FM 22-51) atall 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. ~'irt~---:-:-i'r----~-;--:;---____-,::-~:----­
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33. 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 Senior Levels, 21 Jun 1987, p. 6, -"Leadership. The process of influencing others to accomplish the mission by providing purpose, direction, and motivation." AR 600-100, Army 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 wa that the intent is clearly u dersto d, and then bein tough enough to ensure its execution." .I I ~L I ~ . "
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