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

An Army questionnaire, including thirty-one questions, given to a soldier regarding soldier training, soldier morale and the treatment of detainees. The handwritten responses are mostly illegible or redacted.

Doc_type: 
Interview
Doc_date: 
Tuesday, March 23, 2004
Doc_rel_date: 
Monday, October 3, 2005
Doc_text: 

MANEUVER BDE/BN XO
INTERVIEW QUESTIONS

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Rank ;t1A:),. Branch 5n r Date.JZ 3!Hired Unit__~~~___ Duty Position :i() k10c How Long in Job_-,-9...:;./11--,--=f!)=5~.~_____ Interviewer "
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1. (ALL) What are your responsibilities concerning detainee operations?
(BDE XO) What °are your responsibilities concerning the Forward Collection Point D
in the BSA? What is your relationship with the Forward Collection Point OIC?~ ~ 9~

(1.1, 1.2, 1.4) (DOD Directive 2310.1 provides that persons captured or detained by the U.S. ° Of) '­
Military Service shall normally be handed over for safeguarding to U.S. Army Military Police, or to G~

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detainee collecting points or other holding facilities and installations operated by U.s. Army Gvo-t d~ eJ-..L
Military Police as soon as practical. AR 190-8, para 1-5, a. (1) All persons captured, detained, d-o /11.2.. 'H-L
interned, or otherwise held in U.S. Armed Forces custody during the course of the conflict will be ~r/ ~
given humanitarian care and treatment from the moment they fall into the hands of the U.S. "Th I YI'f •
forces until final release or repatriation.) FM 63-20 Ch 5 MP Op~rations. A direct support military ~(, ~S
police platoon is usually operating from the BSA. The battlefield missions performed by this .e,.~ )I,~
platoon may include battlefield circulation control, area security, operation of the EPW point, and h0 . '1
law enforcement. MPs conduct collection, evacuation, and internment operations to support their -0 a.P-rtt..~
EPW mission. The EPW point holds EPWs captured by brigade units until they can be evacuated b ~ ~
to the division central collection point. FM 3~19.40 covers EPW operations in detail. FM 63-21 -t'fTl,IZ~.
Ch 4 S1 Section. Other functions of the PAC in support of the MSB °include-Coordinate with the ~ (bl.llX,d ~
S2/S3, S4, and MP platoon leader on the location of EPW collection points; Project numbers of n.o~
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EPWs and civilian internees; Determine total transportation requirements for losses, o~Lv).., _ " replacements, and EPWs. Submit traIJ,SRortat~.on~queSI 10 the S4.
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...;J(Y 2. (ALL) Can you tell me what basic publications you use for Detainee
Operations (doctrine and standards)? (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/primpry sources for doctrine and standards.

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3. (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) 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, 2754
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NCOs and enlisted personnel commensurate with the missions of the unit. FM 3-19.40, paragraph 2-2, Commanders are familiar with applicable regulation, directives, international laws, 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 and with these ROE." FM 63-20 & 63-21 I.,,," .
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5. (ALL) Can you describe the process of getting a Detainee to the l=orward 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
. ~orward Collection Point?_(1.1, 1.2, 1.3,1.5,1.6,1.7,1.8,2.1,4.1) c .
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6. (BN XO) How do your companies integrate the security and defense of fhe
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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 t~,~.:rI:. perform your mission? If not, what are the shortfalls? How do these shortfalls tc.lv~ 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) cc....t..t;}-~~
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7. '(ALL) Are you experiencing any transportation problems to move detainees, ~c4.-t--,-,d.OOu--and if so what? What is the number of personnel needed to move prisoners '~l':1} 1\\V-..... ~~ internally or externally (i.e. from the BN holding areas to the Forward Collection 4-~. \ . Point, for medical evacuation, etc.)? (1.1, 1.5 1.7) FM 3-19.40 paragraph 3-45 JoAf'v e ~
Captives should not remain at the forward CP more than 12 hours before being ,escorted to the h v ~.. ~,~..t..J--central CPo When they have been processed and are ready for evacuation, MP leaders -Report
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. r;JI~\"11 . the status to the BSATOC and the PM (through MP channels). Request transportation, rations, ~
"~\4t!~"W and water from the FSB Supply Officer (US Army) (S4). Ensure that receipts are ready for &l () Signature. Ensure that property is properly tagged and given to escort guards. FM 3-19.4
) 't~ ~ 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 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 1'90-47, 11­3.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 guC)rd 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) Non­correctional 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 pe'r five prisoners. • .
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8. (ALL) What personnel or equipment USR shortages are affecting your ability to support detainee operations? What are your resource shortfalls to
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support this operation? What types of supplies
is greater in-demand'for the unit /~~.. during detainee operati.ons? (1.3, 1.5, 1.7,2.1, 3.1) USR ' ­

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~(ALL) What do you llerceivetobedoctrinal shortcomings pertaining to ~n~
*,,,,-\.. Detainee Operations and how would you fix/incorporate into updated ~o~IM­}~~~7doctrin~/accomplish differently? How_ab. ut Force Structure to ensure .Detainee ~-ePbA­~ ~~'''~ Operatlons~an be successfully accomp I hed? What are the shortco~~!lg~ and \K\~ f-11!k-q./I. t how do we fIX the problem attheArmy-le el?,,(1~1,J'1;3,j~qi 1.7,4.1)' {AR 190-8, "F\""'f1?t/~
'/,. ,'i I f\~ '~aragraph 1-4g(2), (Commanders will plan and rocure logistical support to include: ~~., I)J""\O~,*,,\ transportation, subsistence, personal, organizati nal and NBC clothing and equipmentitems, mail .... ~IY""-....~ collection and distribution,laundry, and bath for O. FM 3-19.40, para 7-101, Supply functions in ~ )\1e.~tlt g",..1I' y.I.", a confinement facility are the same as those in 0 er military units. However, stronger security ,f! ~""'-1 \) vJ\r.')" m~asures are necessary to prevent certain suppl s and equipment from falling into the hands of $..'" I t.~ V-~_OO~:..M prisoners.) NoNe.. ' 'tOld ~
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~:~~~\""lo. (ALL) What procedures are in place to ensure Soldiers and leaders
C\'" ~' understand the use of force and rules of engagement? (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

12. (ALL) What are the procedures for evacuating a sick or wounded Detainee?
t How does your unit maintain the security and safeguarding of sick or wounded
V;l \. ~I' Detainees while in transport? (1.1, 1.2, 1.8,2.1,3.1) AR 190-8, paragraph 3-4 i(2)

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6fo"(W ;'very camp will have an infirmary. EPW/RP with a contagious disease, mental condition, or ¥-6,,,\7\6. other illness, as determined by the medical officer, will be isolated from other patients. A list of ¥ \~ . ..I 1•. end~~ic dis~a.ses of military !mpo~ance ~an be obt~ined fr?m the t~eater surg~on or preventive ",0 ~vJ'1'f"I" medicine officer. EPW/RP will be Immunized and relmmunlzed against other diseases as . V'-~ ~.£2pecommended by the Theater Surgeon .. EPWIIR suffering from serious disease, or whos~
? ~~I condition necessitates special treatment, surgery, or hospital care, must be admitted to any
f\'J' ~.po military or civilian medical unit where such treatment can be given. FM 3-19.40 Para 2-10
J& .1.1'_ _ f ~~Commanders consider the following when establishing medical care (see AR 190-8): • Th"e
,~.~\? .medical treatment facility provides isolation of communicable diseases, disinfection, and .
C; .A.CA-~cr" ./~inoculations. Use retained medical personnel and EPWs with medical training to the fullest extent

~~ ~."sible when caring for sick and wounded EPWs. When medical care is inadequate, transfer

C:t1l~ housed personnel to military or civilian medical facilities where the required treatment is available .
. ,;. Q./ AR 190-8 para 6-6.c. Medical facilities. Each CI camp will provide personnel,material, and

/V~ facilities for ade uate routine and e rgency dispensary treatment.
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13. (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) 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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14. (BN XO) How do you provide your unit holding area 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 EPW/RP
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15. (ALL) 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 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 commanderwill 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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16. (ALL) 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. 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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17. (ALL) 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 accompanying a 000 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 190­40, 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 HQOA based on the nature, gravity, potential for

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000-027192

18. (ALL) What procedures do you have to report suspected detainee abuse'? ,cY C!."/.' Who can you report abuse/suspected abuse to? (IG, CID, Next Level ~ 1.3~) c...':}.h 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.
8-2. 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-B, ~1. General protection policy-civilian internee, a. Treatment. (1) No form of physicaUorture 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-B, 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
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19. (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) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying a 000 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 determfnes 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-B, 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.)

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20. (ALL) What steps would you take if a subordinate reported to you an
incidenlof alleged Detainee abuse? (1.2, 1.6,4.1) (AR 190-40, Appendix 8, Category 1 Reportable Serious Incidents, 8-1. Actual or alleged incidents involving the following:
b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva . Conventions, and atrocities. 8-2. 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 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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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 attitu~e
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
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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._--:::-_____
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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) FM 10-1, Ch. 7, para. 3, "Tactical Vision. A primary QMC 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 ~ol~ brief respites from the rigors associated with combat. A facility complex (Force Provider) will be d~. available in which they can shower, clean their clothes, eat hot meals, and rest in an ,C'I _\ ~
enVironmentally controlled shelter. "FQ5.1:/M +...( ,C\~ . "':b 'Pi Q.I~
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\) ot-~'(\ . 23. Descr.ibe the unit comman.d 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 Soldierfeel 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
I ':lission rathe than feed their self-interest. . -r--.-----------~_"7----­
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24. Are you aware of any incidences of d~tainee 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
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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 offens.es 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 provocation. Inhumane treatment is a serious and punishable violation under international law 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, will be posted in each camp in the
language of Ihe EPW'~4=i5

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 atiicle, 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
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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 qu'estions, 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?
25.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard), ________________

26.
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).____________________
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) (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 corisequences 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 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
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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 HQOA (OAMO-OOL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.) __
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. 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 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. ) .

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~~.,:.~~." 30. What measures are in place to boost morale or to relieve stress? (Identifies ~rI perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The
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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
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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' C!ctions 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 a~~I~hpersonnel. --=--S-;;T-------,---------'--­
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31. 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 way that the intent is clearly understood. and then being tough enough to ensure j~ecution."___--,..--________________-:-_____
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Doc_nid: 
3897
Doc_type_num: 
73