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

NCO (Point of Capture) SENSING SESSION QUESTIONSh
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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

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policy, procedures, and responsibilities for the administration, treatment, employment, and
compensation, of enemy prisoners of war (EPW), retained personnel (RP), U.S. Armed Forces. This
regulation also establishes procedures for transfer of custody from the United States to another
detaining 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 other
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 Field.

(GWS). (2) The 1949 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and
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 the
Protection of Civilian Persons in Time of War (GC), and In the event of conflicts or discrepancies

between this regulation and the Geneva Conventions, the provisions of the Geneva Conventions take
precedence. CDC ,--Qi O /_,". /- A -/ - • 4 / 4-Lic.." -;?---.4.-v/^e- Jat--,e_92 1:.42._. frit--G /1-/c )c=1, ir/f/ .r_r/4-,u......z.,,e .#4, , .dep. 4 ii.A._r --11ut, Le4 # fr/54.- ez.,o .c I" I /.0e -file et-,. i I( /
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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
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

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,

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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.) s
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What training did your unit receive on the established Rules of Engagement
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(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 EWP/RP)
Does your unit conduct sustainment training for Detainee Operations? How often
4.
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 Site Training did your unit conduct prior to deployment to help 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
(1.1, 1.2, 1.4, 4.1) DoDD
) different categories of Detainees (EPW, RPs, Cls, etc.)? 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
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Departments, the extent of such knowledge to be commensurate with each individual's duties and-responsibilities
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6. Describe the training you received During PLDC/BNCOC/ANCOC in
"a handling/processing Detainees. How was it helpful in preparing you for Detainee Operations? How would you improve'the training at the schoolhouse? (1.1, 1.4) AR
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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
fathiliar 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 them for 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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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 para 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 standard 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 2-1 a(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 in ernment facilities.)
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rocessing? ) (CPA Forces Apprehension Form,
10. How do you tag detai What procedures do you go through? How do
tw worn statements,EPW to
you tag equipment? ( are ey 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

(AR 190-8, para 2-1, a. (1) (b) (c), All equipment,
personal affects (if any(/./, 1.2, 1.8) )
-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. 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 190-8, paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy supplies and equipment through theater logistics arid 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 controlled access to confiscated and impounded property.
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 forward
CP 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 up, expanded ,
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12. What is the number of personnel needed to maintain security for the detainees
until they are processed to a higher collection point? (1.1, 1.7) METTTc 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 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
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status. Under maximum custody circumstances, prisoners will have two guards per prisoner.
medium 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
-guard per unrestrained prisoner. Under medium custody
and two unarmed guards or one armedcircumstances, 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
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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,
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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 per five prisoners.
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14. How long do you keep detainees at the unit collectiOn point? In relation to the Collection Point, how far away are your ammunition and fuel storage sites? Where 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 CR 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.

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, 3.1) AR 190-8 para 3-4.b ...females will be separated from males.
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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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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 custody
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 .0 o II e c tp r is o nersfromcapturingunits,andevacuatethemfromthecombatzoneassoonas possible. b. Ensure sick and wounded EPW and RP in their custody are c I a s s if i e d, b y q u al if iedmedicalpersonnel,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 them, and will be 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.
19.
What equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc.)? (1.5)

20.
How do the Detainees receive fresh water (Bottled water or Lister bag)? (9.1, 1.2, 9.8)AR 190-8, paragraph 3-4 f(3) Sufficient drinking water will be supplied to EPW/RP.

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What types of supplies is greater in-demand for the unit during detainee operations? And are 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 if
the EPW dies in the United States.
23. Do you know of the procedures to get stress counseling (Psychiatris Medical)? Do your Soldiers know of the procedures to get counseling (Psy iatfr , " 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 as they 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 aware of your requirement to report abuse or suspected abuse of 40 para 2-1, Military and civilian personnel assigned to or
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detainees? (1.1, 1.2, 4.1) AR 190
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
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military police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Categoryb. War crimes,
Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following:
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, potentia or adverse publicity, or potential consequences of the incident.

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the reporting procedures if they observe or become •
25. Do your subordinates kriow .
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 a DoD Component know that they shall report reportable
-that such reports also may also be made through other

incidents through their chain of command and
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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
b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva
following:
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 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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26.What steps would you take if a subordinate reported to you an incident of alleged (AR 190-40, Appendix B, Category 1 Reportable Serious
Detainee abuse? (1.2, 4.1)
b. War crimes, including
Incidents, B-1. Actual or alleged incidents involving the following:
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

Incidents involving prisoners or detainees of Army confinement or correctional facilities to
following: g. 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
The CI
official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) 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 1
b. War crimes,
Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: 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
10 DA IG
be exercised against the Cl. This provision does not constitute a prohibition against the use of
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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 espedially 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, Next
(AR 190-40, Appendix B, Category 1 Reportable
Level Commander) (1.1, 1.2, 1.6, 4.1)
b. War crimes, including
Serious Incidents, B-1. Actual or alleged incidents involving the following:
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 Incidents involving prisoners or detainees of Army confinement or correctional facilities to
following: g.
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 Cl 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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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 Cl.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 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 AR 19040 will be used.
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 accomplikh their assigned duties and commanders
hlthese soldiers responsible for th it actions. ,/) e
el 4 *4'1( •)" 9
31. 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
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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 meal , and rest in an environmentally controlled shelter.
krt. t...-E.7/ 4 P
e
_142,4 Grp 71,1*
Soldier morale Has it changed or
32. Describe the unit Qmmand climate Mos-Sof& r s perception of the chain of
evolved since you have BeerirrITITeater? (Iden
command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the Command cares? Are they getting clear guidance?) 1' AR 60020 -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 toget r to accomplish the mission rather than feed their self-interest...
33. Please provide by show of hands if 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 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 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 CI and RP known to have,
status is determined by competent authority. (3) The punishment of EPW, 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
b. All
punishable violation under international law and the Uniform Code of Military Justice (UCMJ). 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
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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 the EPW, CI and RP.

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