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

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In the questionnaire, Major stated he/she uses "common sense" for Detainee Operations. Stated he/she was not aware of detainee abuse.
[Contents redacted].

Friday, April 2, 2004
Thursday, July 14, 2005



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Rank AiligirTrio 'LDate 9-ar Unit ' Duty Position bx7)(c)-4 How Long n Job Yei..4. 72e-a 03
1. (ALL) What are your responsibilities concerning detainee operations? (BDE XO) What are your responsibilities concerning the Forward Collection Point in the BSA? What is your relationship with the Forward Collection Point 01C?
(1.1, 1.2, 1.j.)
41. (ALL) Can you tell me what basic publications you use for Detainee Operations doct, an• standards)? (1.1, 4.1)
(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 support Detainee Operations? 1.1, 1.2, 1.4, 1.6, 4.1)

(ALL) How did Home Station/Mob Site Training prepare you to conduct Detainee Operations? (Did this include Law of War and treatment of Detainees training.)? ? (1.1, 1.2, 1.3, 1.4, 4.1)

DAIG - 466
5. (ALL) Can you describe the process of getting a Detainee to the Forward Collection Point in the BSA beginning with the point of Capture? How long do detainees stay in the company holding area before being transported to the BDE Forward Collection Point'? (1 1 1 2 1R1c1R171$19 1 4 1
6. (BN XO) How do your companies integrate the security and defense of the company holding areas into their perimeter defense? What is your normal ratio of guards to detainees in the holding area? 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, 1.4, 1.5. 1.6, 1.7. 1.8. 2,1. 3.1. 4.1)
7. (ALL) 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 (i.e. from the BN holding areas to the Forward Collection Point, for medical evacuation, etc.)? (1.1, 1.5 1.7)
8. (ALL) 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 operati•(1.3, 1 5, 1.7, 2.1, 3.1) U
9. (ALL) What do you perceive to be doctrinal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine/accomplish differently? How about Force Structure to ensure Detainee Operations can be successfully accomplished? What are the shortcomings and how do we fix the problem at
DAIG - 467
the Amylevel? (1.1, 1.3, 1.5, 1.7,4.1)
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10. (ALL) What procedures are in place to ensure Soldiers and leaders
understand the use of force and rules of engagement? (1.1, 1.2, 1.4, 1.6, 4.1)

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11. (ALL) What kind of stress counseling are Soldiers/Guards provided?
(Psychiatrist, Psychologist, Chaplain, Medical, CBT Stress Teams) (1.1, 1.2,
2.1, 4.1).9,

(ALL) What are the procedures for evacuating a sick or wounded Detainee? How does your unit maintain the security and safeguarding of sick or wounded Detainees while in transport? (1.1, 1.2, 1.8, 2.1, 3.1)

(ALL) 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)

(BN XO) How do you provide your unit holding area with water? (Bottled

water or bulk water)? (1.1 1 , 1.8) Arsji
DAIG -468
(ALL) What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2, 4.1)

(ALL) What AARs or lessons learned have you written or received regarding detainee operations? Can I get a copy? (preferably on d'sk) (2.1, 2.2)

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18. (ALL) What procedures do you have to report suspected detainee abuse? Who can you report abuse/suspected abuse to? (IG, CID, Next Level Commander) (1.1, 1.2, 1.6, 4.1
(ALL) Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.1, 1.2, 1.6, 4.1)
DAIG - 469
19. (ALL) What steps would you take if a subordinate reported to you an
incid t of alleged Detainee abuse? (L2, 1.6, 4.1
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21. 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) '
22. 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) .

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23. 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?)
24. Are you aware of any incidences of detainee or other abuse in your unit?
ADVISEMENT OF RIGHTS (For military personnel)
DAIG -470 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 court-martial. (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 me to
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 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?
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable stan rd)

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)
DAIG - 471


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27. 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
28. How could the incident have been prevented? (Identifies root cause and
perceived solution) (No applicable standard)

29. Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress.
30. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) `1.-c 'W-1.1-11%t7 rri,
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31. What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution.) '
DAIG -472