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

NCO (Point of Capture) SENSING SESSION QUESTIONS
b)(6)-4 & (b)(7)(C)-4
Rank Branch
State/Component A C.. Date5-4-01 6 9
Unit m-4 & (b)(7)(0)-4 Duty Position How Long in Job •)(2)-4

(b)(4C)-2
Interviewer_r-"
1.
What regulations, directives, policies, are you aware of that deal with detainee
operations? (1.1, 1.2, 1.4, 1.6, 4.1) AR 350-1 para 4-14c.(2) and table G-1 Refresher
training, dated 9 April 2003), Level B training, AR 190-8, paragraph 1-1, This regulation provides
policy, procedures, and responsibilities for the administration, treatment, employment, and
copensation of enemy prisoners of war (EPW), retained personnel (RP), U.S. Armed Forces. Th
Oation also establishes procedures for transfer of custody from the United States to another
etaining power. b. This regulation implements international law, both customary and codified,
relating to EPW, RP, CI, and ODs which includes those persons held during military operations of
than war. The principal treaties relevant to this regulation are: (1) The 1949 Geneva Convention
Relative to the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Fiel
(GWS). (2) The 1949 Geneva Convention for the Amelioration of the Condition of Wounded, Sick
Shipwrecked Members of Armed Forces at Sea (GWS SEA). 3) The 1949 Geneva Convention
Relative to the Treatment of Prisoners of War (GPW). The 1949 Geneva Convention Relative to
Protection of Civilian Persons in Time of War (GC), and In the event of conflicts or discrepancies
between this re at
preced

Pint 01,
2.
Did you and all of your Soldiers undergo Law of War/Geneva Convention training prior to deployment? Explain what training occurred. Did this training include the treatment of Detainees? What is your plan to train new Soldiers (replacements) to 1 /...e.4 the unit? Explain. (1.1, 1.2, 1.4, 4.1) (AR 350-1 para 4-14c.(2) and table G-1 Refresher
training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs Mot .
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, e2
-2:1SeUi45
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 re •onsibilities.)
(1-4
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DOD-016117

3.
What training did your unit receive on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction
(ROI) (How can you interact with the detainees)? (1.4, 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." AR 190-8, paragraph 3-6 a, The following acts will not be permitted: (1) Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and/RP)
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4. D. - . your unit conduct sustainment training for Detainee Operations? How
does this occur and please describe it? When did your unit last conduct this
training? (1.1, 1.2, 1.4, 4.1) No standard for sustainment training

-5 What Home Station/Mob ite Training did your ur(it conduct prior to deployment t elp your unit prepare for Detainee Operations? Describe it, How did the training prepare you to conduct Detainee Operations for this deployment? What are your unit's strengths and weaknesses? How did this training distinguish between the different categories of Detainees (EPWs, RPs, Cls, etc.)? (1.1, 1.2, 1.4, 4.1) DoDD 2310.1 (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 DoD 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 B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1­5 (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 B 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. (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
2
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DOD-016118

Departments, the extent of such knowledge to be commensurate with each individual's duties and
responsibilities.
:bX2)-4
o. uescnoe tne training pal received During PLDC/BNCOC/ANCOt in
handling/processing Detainees. How was it helpful in preparing you for Detainee
Operations? How would yoy.improve the training at the schoolhouse?

(1.1, 1.4) AR
350-1, paragraph 4-14a(1) a. Soldiers and leaders require law of war training throughout their military
careers commensurate with their duties and responsibilities. (DoD Directive 5100.77, paragraph
5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions,
and training so that the principles and rules of law of war will be known to members of their respective
Departments, the extent of such knowledge to be commensurate with each individual's duties and
responsibilities.) NOTE: Is there a standard (requirement) to conduct training in
PLDC/BNCOC/ANCOC? Probably too broad for us to look at, just want to look at the big picture of
what they were trained on.
7. What procedures are in place to ensure Soldiers understand the use of force and rules of engagement? (ROE Card? Etc) (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." AR 190-8, paragraph 3-6 a, The following
acts will not be permitted: (1) Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EWP/RP. FM 3-19.40, paragraph 2-29, An MP commander ensures that
soldiers understand use-of-force guidelines and the ROE established by higher headquarters for each mission. Because the use of force and ROE vary depending on the category of housed personnel and the operational environment, the commander develops SOPs that follow the guidance provided. He balances the physical security of force with mission accomplishment and the protection
of
deployed forces.
8. How do you maintain discipline and security until the detainees are handed off to higher? Describe the training/GUIDANCE the guard force received to prepare themfor their duties (1.1, 1.2, 4.1) AR 190-8, paragraph 3-6 (Measures needed to maintain discipline
and security will be established in each camp/collection point and rigidly enforced. The camp commander will maintain records of disciplinary punishments. These records will be open to inspection by the protecting power. The following acts will not be permitted; Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate
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DOD-016119

communications or actions between U.S. Armed Forces personnel and EPW/RP. Donating or
receiving gifts or engaging in any commercial activity between persons in U.S. custody and U.S.
personnel. Setting up of courts by detainees. Disciplinary powers will not be delegated to or
exercised by EPW/RP. Punishment will not be administered by EPW/RP.) FM 3-19.40 pare 2-49. The
guard force should receive additional training in— *Riot control measures, control agents, and
dispersers. *QRF actions. *Searching techniques, including the use of electronic detection devices.

*Nonlethal equipment and weapons.
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9. What is the minimum andard of treatment US Soldiers must provide detainees?
What policies/procedures does your unit have to ensure the humane treatment of
Detainees? What procedures does your unit have in place to ensure that Detainees
are protected, safeguarded, and accounted for? (1.1, 1.2, 4.1) AR 190-8, paragraph 1-5
a-g, (All persons detained, captured, interned, or otherwise held in U S Armed Forces custody during

the course of conflict will be given humanitarian care and treatment from the moment they fall into the
hands of U S forces until final release and repatriation. All persons taken into custody by U S forces
will be provided with the protection of the GPW until some other legal status is determined by
competent authority.) AR 190-8, paragraph 2-1a(1), (The commanding officer of the capturing unit will
ensure that all Detainees are protected, safeguarded, and accounted for IAW AR 190-8. This
regulation applies from the time of capture until evacuation to designated internment facilities.)

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1 . L do you tag detainees for processing? ) (CPA ForcApprehension Form, two sworn statements, EPW tag) What procedures do you go through? How do
you tag equipment? ( are they tagged with DD Form 2745)? What about evidence? What procedures do you use to process equipment/evidence? What about confiscated personal affects? Where do you store Detainees' confiscated
personal affects (if any(1.1, 1.2, 1.8) ) (AR 190-8, para 2-1, a. (1) (b) (c), All equipment, documents, and personal property confiscation during the search must be tagged and administratively accounted for by the capturing unit. DD Form 2745, Part C is attached to the property confiscated from the Detainee, so that it may later be matched to that Detainee.) ) (AR 190­8, para 2-1, a. (1) (b) (c), All equipment, documents, and personal property confiscation during the search must be tagged and administratively accounted for by the capturing unit. OD Form 2745, Part C is attached to the property confiscated from the Detainee, so that it may later be matched to that Detainee.) AR 190-8, paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy supplies and equipment through theater logistics and EOD channels.) FM 3-19.40 para 3-14. Property Accountability. When seizing property from a captive= Bundle it or place it in a bag to keep it intact and separate from other captives' possessions. *Prepare DA Form 4137 for confiscated and impounded property. * Prepare a receipt for currency and negotiable instruments to be signed by the captive and the receiver. Use cash collection vouchers so that the value can be credited to each
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captive's account. List currency and negotiable instruments on the captive's personal-property list, but
treat them as impounded property. * Keep the original receipt with the property during evacuation. Give the captive a copy of the receipt, and tell him to keep it to expedite the return of his property. *Have MI sign for property on DA Form 4137 and for captives on DD Form 2708. *Return confiscated property to supply after it is cleared by MI teams. Items kept by MI because of intelligence value are forwarded through MI channels. * Evacuate retained items with the captive when he moves to the
next-level of internment * Maintain rnntrnileri arroce to rtrintieraforl and imrint nre.r.0.4%.
(b)(2)-4
11.What is your ratio of guards to detainees? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? Why are their shortfalls? How do these shortfalls impact your mission? (1.1, 1.2, 1.3, 2.1, 3.1, 4.1r FM 3-19.40, paragraphs 3-38 thru 3-39. METT-TC. Forward CPs are needed when a brigade conducts an
offensive operation and is likely to take captives. When a maneuver brigade has an MP platoon in direct support (DS), MP teams set up and operate forward CPs. A brigade without an MP platoon in DS sets up and operates its own forward CPs The number of MP teams needed to operate a forwardCP is based on the number of captives expected and METT-TC. The projected number of captives is based on mission analysis and intelligence estimates conducted by the brigade Intelligence Officer (US Army) (S2). Division forward CPs are mobile: they can be set um exnandnd
12.What is MeUmber of personnel needed to maintain security for the detainees until they are processed to a higher collection point? (1.1, 1.7) METT-TC at unit level. AR 190-47, para 11-3(4)(a), 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 Serviceaircraft) 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 perfive 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. Inmedium custody
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13. What is the number of personnel needed to move prisoners within the holding area (i.e. from one point to another, for medical, evacuation, etc.)? (1.1, 1.7) METT-TC
at holding area. At facilities, AR 190-47, para 11-3(4)(a), 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- • rectional personnel: It is required that at least one guard be a SGT or above who is equal or senior to pn • • s in a pretrial status. Under maximum custody circumstances,
prisoners will have two guards per p
er. In medium custody circumstances, prisoners will haveone guard per two prisoners, and in minim
ustody circumstances there will be one guard per five
prisoners.

14. How long do you keep detainees at the unit collection point? In relation the Collection Point, how far away are your ammunition and fuel storage sites here is your Tactical Operation Center (TOC)? Where is your screening site where MI
Soldiers interrogate Detainees? (1.1, 1.2,1.8) 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. 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.
b)(2)4
15. 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? How about female Detainees? How and where do you house them? (1.1, 1.2, 1.8,
2.1. 2 1) AR 1 4=M-A clam 1-4 h fpmalac will ha anarnfetri from 111 ^IIIMC
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16. What are the procedures for transporting and evacuating detainees? What procedures are in place to account for or dispose of captured enemy supplies and equipment? (1.1, 1.2, 1.5, 4.1) AR 190-8, paragraph 1-4g(3), (Commanders will collect and
dispose of captured enemy supplies and equipment through theater logistics and EOD channels.) AR 190-8, paragraph 1-4g(5), (Commanders will establish guidance for the use, transport, and evacuation of detainees in logistical support channels.) AR 190-47,paragrpah 11-3(4)(a), Guard requirements for prisoners being transported outside an ACS facility, by means of foot, motor vehicle,
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DOD-016122

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 c stody
17. What transportation problems is the unit experiencing either to move troops or
detainees during the operation? (1.5) AR 190-8, paragraph 1-4g(5) Evacuation and care of EPW and RP Those units designated to hold and evacuate EPW and RP will: a. Coll e c t p r is o n e r s f romcapturingunits,andevacuatethemfromthecombatzoneassoonaspossible. b. Ensure sick and wounded EPW and RP in their custody are c I ass if ie d, b y q u a lif iedm edicalpersonnel,aseitherwalkingwoundedorlitter,orasnon-walking
wounded. Walking wounded or litter EPW will be evacuated through established evacuation channel Non-walking wounded or sick EPW will be delivered to the nearest medical aid station and evacuated through medical channels All detained personnel will remain physically segregated from U. or civilian prisoners. Prisoners will not normally be interned in unhealthy areas, or where the climate proves to
be injurious to themandwi
`
removed as soon as possible to a more favorable climate
18. What is the most important factor that you would address in terms of personnel
resources in regards to a successful detainee operation? (1.7) No standard..a

perception.
;bX2)-4
19.What equipment is the unit experiencing as a shortfall concerning detainee
operations, (i.e., restraints, uniforms, CIF items, weapons, etc.)? (1.5)
b)42,4
,
20. How do The Detairt'ees receive Fresh water (Bottled water or Lister bag)? (1.1, 1.2,
1.8)AR 190-8, paragraph 3-4 f(3) Sufficient drinking water will be supplied to EPW/RP.
7
DAIG - 539 El
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21.Wha
es of supplies is greater in-demand for the unit during detaineeoperations? these items regularly filled? (1.5)
22. What procedures are in place when a detainee in U S custody dies? (1.1, 1.2,4.1) AR 190-8, paragraph 3-3a (20): Report allegations of criminal acts or war crimes committed by or against EPW/RP to the supporting element of the U.S. Army Criminal Investigation Command (USACIDC). Deaths resulting from other than natural causes will be investigated by 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 commander will complete a DA Form 2669-R (Certificate of Death). DA Form 2669-R will be reproduced locally on 8 1/2 by 11-inch paper. The form is located at the back of this regulation. This form is for the use of Army only. Enough copies of form will be made out to provide distribution as follows: (1) Original-information center. (2) Copy-information center (branch), if necessary. (3) Copy-The Surgeon General. (4) Copy-EPW or RP
personal file. (5) The proper civil authorities responsible for recording deaths in the particular state ifthe EPW dies in the United States.
23. Do you know of the procedures to get stress counseling (Psychiatrist, Chaplain,
Medical)? Do your Soldiers know of the procedures to get counseling (Psychiatrist,Chaplain, Medical)? (1.1, 1.2, 1.6, 2.1, 4.1) FM 3-19.40, paragraph 2-48: Personnel assigned or attached to I/R 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 asthey apply to the treatment of housed personnel. A formal training program should include stress management techniques. FM 8-51, Appendix D, D-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. AR 190-8, 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
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is a serious and punishable violation under international law and the Uniform Code of Military Justice(UCMJ).
24.Are you are 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.

1 "s
25. 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 21, 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. 3-2. 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 Cl. 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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1.R 2
26. What steps would you take if a subordinate reported to you an incident of allegedDetainee 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. 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 thefollowing: 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 Cl. 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.)
27. Do you feel you can freely report an incident of alleged Detainee abuse outside
Command channels (IG, CID) (1.1, 1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1Reportable 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. 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 incidentsinvolving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require theuse 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
10 DAIG - 542 El
DOD-016126

be exercised against the Cl. 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.)
28. What procedures do you have to report suspected detainee abuse (IG, CID, NextLevel 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 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 Cl. 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 Cl 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.)
11
DAIG - 543

DOD-016127

29. What procedures 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, Cl 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 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 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 AR190-40 will be used.
p
30. What do you perceive as the mission of your unit? Describe the importance of your role in that mission.
(Insight to the Soldier's understanding and attitude concerning
unit mission and their role) AR 600-20 Command Policy 2-1. Chain of Command a. The chain of command assists commanders at all 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 responsible for.their actions
1,X2)-4
31. Describe your working environrrlent a41-lking 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
12 DAIG - 544 El

DOD-016128

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 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.

32. 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?) 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 mission rather than feed their self-interest.
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33. Please provide by show of hands if you aware of any incidences of detainee or
other abuse in your unit? (Those that raise their hands, need to be noted and interviewed individually afterwards using the ABUSE QUESTIONAIRE) AR 190-8,1-5. General protectionpolicy 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 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 offenses will be administered IAW 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
13
DAIG - 545 B

DOD-016129

by proper authority, and all cruel and degrading treatment. c. AU 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 the EPW, CI and RP.
14 DAIG - 546
DOD-016130