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

An Army questionnaire, including forty-four 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: 
Saturday, April 3, 2004
Doc_rel_date: 
Monday, October 3, 2005
Doc_text: 

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GUARD FORCE (NCO)
Es-7 COLLECTION POINT & INTERNMENT FACILITY
SENSING SESSION QUESTIONS
Rank Branch RP State/Component 4 -r--- Date APP--a9
Unit Dut .Position How Long in Job
IntervieweriCki 60/4) -2_
1. How did you prepare yourself and your Soldiers to become familiar with and
understand the applicable regulations, OPORD/FRAGOs directives, international
laws and administrative procedures to operate an I/R facility or Collection Point?
(1.1, 1.2, 1.4, 1.6, 4.1) AR 350-1 para 4-14 c (2) and table G-1 Refresher training, dated 9 April
2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted
personnel commensurate with the missions of the unit. FM 3-19.40, paragraph 2-2, Commanders are
familiar with applicable regulation, 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."
2. Did you and all of your Soldiers undergo Law of War training prior to
deployment? Explain what training occurred. What is your plan to train new
Soldiers (replacements) to the unit? Did this training include the treatment of
Detainees? 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,
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.)
3. What policies/procedures does your unit have in place to support th6 U. S policy
relative to the humane treatment of Detainees? (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
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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.)
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4. Does your unit have a formal training program for the care and control of
Detainees? Describe what it includes. (For Permanent Internment Facilities
only) (1.1, 1.2, 1.4) (FM 3-19.40, para 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— * Principles and laws of land warfare,
specifically provisions of Geneva and UN Conventions and HN laws and customs. * Supervisory and
human relations techniques. * Methods of self-defense. *The use of force, the ROE, and the ROI.
*Firearms qualification and familiarization. *Public relations, particularly CONUS operations. *First
aid. *Stress management techniques, *Facility regulations and SOPS. *Intelligence and
counterintelligence niques. * Cultural customs and habits of internees. *The basiclangu'age'of
internees. FM 3-19.40 par. -49. The guard force should receive additional training in— *Riot control ,.
measures, control agents, and rsers. *QRF actions. *Searching techniques, including the, use
of electronic detection devices. *Nonle equipment and weapons.
5. 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
(R01)? (1.4, 4.1) ((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.) 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."
6. What procedures do you have in place to ensure Soldiers understand the use of
force and rules of engagement for the interment facility/collection point? What
guidance or policies do you have to ensure fraternization is not taking place between
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U.S military personnel and the detainees? (1.1, 1.2, 1.4,1.6, 4.1) 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 cornmander'develops SOPs that
follow the guidance provided. He balances the physical security of force with mission
accomplishment and the protection of deployed forces. 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.).
.7. Describe the training. the gu'ard force received to prepare them for their duties
(5Ss & T)) How does your unit conduct sustainment training for Detainee Operations
in Theater? How often does this occur and please describe it? When did-your unit
last conduct this training? (1.1, 1.2, 1.4, 4.1) (FM 3-19.40, para 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— * Principles
and laws of land warfare, specifically provisions of Geneva and UN Conventions and HN laws and
customs. * Supervisory and human relations techniques. * Methods of self-defense. *The use of
force, the ROE, and the ROI. *Firearms qualification and familiarization. *Public relations,
particularly CONUS operations. *First aid. *Stress management techniques. *Facility regulations and
SOPs. *Intelligence and counterintelligence techniques. * Cultural customs and habits of internees.
*The basic language of internees. 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.
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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8. 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
different categories of Detainees (EPWs, RPs, Cls, etc.)? (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
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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.

9. Describe the training, you received during your last Military Institutional School
(BNCOC/ANCOC) in handling/processing Detaihees. How was it helpful in
preparing you for Detainee Operations? How would you improve the training at the
schoolhouse? (1.1, 1.4)
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10. What are some of the basic operations of the collection point/internment facility?
Is there a copy of the Geneva Convention posted in the detainee's home
language within these camps? Are camps segregating Detainees by
nationality, language, rank, and sex? How are captured . Medical personnel and
Chaplains being used in the camps? What provisions are in place for the
receipt and distribution of Detainee correspondence/mail? Are the daily food
rations sufficient in quantity or quality and variety to keep detainees in good
health? Are personal hygiene items and needed clothing being supplied to the
Detainees? Are the conditions within the camp sanitary enough to ensure a
clean and healthy environment free from disease and epidemics? Is there an
infirmary located within the camp? (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 3-4. AR 190-8 para 3-4.b ...feniales will be separated
from males. AR 190-8, 1-5, g (1) EPW, and RP will enjoy latitude in the exercise of their religious
practices, including attendance at service of their faith, on condition that they comply with the '
disciplinary routine prescribed by the military authorities. (2) Military chaplains who fall into the hands
of the U.S. and who remain or are retained to assist EPW, and RP, will be allowed to minister to
EPW, RP, of the same religion Para 6-6, g: (1) Hygiene and sanitation measures will conform to
those prescribed in AR 40-5 and related regulations. (2) A detailed sanitary order meeting the specific
needs of each CI camp or branch camp will be published by the CI camp commander. Copies will be
reproduced in a language that the CI understands and will be posted in each compound. (3) Each CI
will be provided with sanitary supplies, service, and facilities necessary for their personal cleanliness
and sanitation. Separate sanitary facilities will be provided for each sex. (4) All CI will have at their
disposal, day and night, latrine facilities conforming to sanitary rules of the Army.
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11.What control measures are your unit using to maintain discipline and security in
the collection point/internment facility? (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 willbe
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 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 andli.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.)
12.What procedures are in place to account for and dispose of captured enemy
supplies and equipment? What procedures are in place to process personnel,
equipment, and evidence?(1.1, 1.2, 4.1) ) 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 190-8, .
paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy supplies and equipment
through theater logistics and EOD channels.)
13.What is your ratio of guards to detainees in your collection point/internment
facility? 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, 4.1) FM 3-19.40, paragraphs 3-38 thru 3-39. . 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
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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 setup,
expanded, and relocated quickly as the tactical situation warrants. AR 190-47,paragrpah 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 pustody circumstances, there will be ona.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 cortrpayder.
(b) Non-correctional personnel: It is required that at leat one guard be a SGT Or above who is bqUal
or senior to prisoners in a pretrial status. Under maximum custody circumstances, prisoners will have
two guards perprisoner. In medium custody
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14. How are you organized to handle the different categories of personnel (EPW, Cl,
OD, females, juveniles and refugees)? Do you maintain a separate site for sick or -
wounded Detainees? lf,so where is it and how..does your unit maintain the security,
and safeguarding of Detainees there? . (1.1, 1.2, 1.3, 2.1, 3.1) FM 3-19.40, paragraph 2- 1, An MP battalion commander tasked with operating an I/R facility is also the facility commander. As
such, he is responsible for the safety and well-being of all personnel housed within the facility. Since
an MP unit may be tasked to handle different categories if personnel (EPW, CI, OD refuges, and US
military prisoner), the commander, the cadre, and support personnel must be aware of the
requirements for each category.
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15.What is the number of p nnel needed to escort drisoners internally and
externally? (i.e. for medical, evacuation, etc.)? (1.1, 1.7) (FM 3-19.4 Chapter 7 Para 7.8,
The number of MP needed to operate a division forward collecting point is based on the number and
rate of captives expected and the METT-TC. ) AR 190-47,paragrpah 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 airaraft) 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 priso,ner. 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
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16. What are the procedures for transporting and evacuating detainees? What are
the procedures for transferring.Detainees from the collection points to US Military
controlled detention facilities? How is the transfer of Detainees handled between
different services? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-11 (General. d. Transfer within the
territory of the detaining power will always be carried out humanely and in conditions no less
favorable than those enjoyed by the troops of the detaining power during their movements. If
EPW/RP are transferred on foot, only those who are
fit to walk may be so transferred. The . EPW/RP will not be exposed to excessive fatig .ue du- ririg
transfer by foot.
e. The sick, wounded, or infirm EPW and RP as well as maternity cases will be evacuated through
U.S. military medical channels and will remain in medical charinels until they are certified "fit for
normal internment" by competent medical authorities.
f. Necessary clothing, adequate shelter, and medical attention will be made available.
g. Suitable precautions will be taken to prevent EPW and RP, from escaping and to ensure their
safety. Wounded and sick EPW and RP will not be transferred as long as their recovery may be
endangered by the journey, unless their safety demands it.
h. The EPW and RP will be permitted to take with them their personal effects and property. The
weight of their baggage may be limited if the conditions of transfer so require, but in no case will it
be limited to less than 55 pounds per EPW/RP. The personal property that the EPW and RP are
unable to carry will be forty: • ed separately.
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17.What are the procedures for the transfer of custody of Detainees from the
collection points/internment facility to Military Intelligence/OGA personnel? When the
detainee is returned to the guard force, what procedures occur with the detainee?
(in processing, medical screening, suicide watch, observation report DD Form
2713?, etc) (1.1, 1.2, 4.1) FM 3-19.40 para 3-14. Property Accountability. *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
18.What MP units (guards, escort, detachments) do you have at your disposal to
operate and maintain this collection point/internment facility? What non-MP units
are you using to help operate this collection point/internment facility? If you do not
use MP teams, what forces are required to operate the Collection Point (guard,
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security etc)? Do you have any shortfalls in performing the Collection Point mission?
How does this affect your doctrinal mission? How long are you holding Detainees-at
the collection point? Is holding the detainees longer than the 12/24 hours impacting
on your units' ability to perform its mission? Why? (1.1, 1.2, 1.3) FM 3-19.40, paragraph
3-45, Captives should not remain at a forward CP more than 12 hours before being escorted to the
central CP. Fm 3-19.40, paragraph 3-54. Captives should not remain at the central CP more than 24
hours before being evacuated to the CHA. When all captives are accounted for, processed, and
ready for evacuation to the CHA,
19. Describe how this unit is able to maintain the security and safeguarding of
Detainees at this interment facility/collection point. Describe your security
requirements. (What are your clear zones? How do your Guard Towers permit an
unobstructed view of the clear zone and how do they allow for overlapping fields of
fire? Describe your perimeter security. (1.1, 1.2, 1.8, 2.1) FM 3-19.40, paragraph 2-1, An
MP battalion commander tasked with operating an I/R facility is also the facility commander. As such,
he is responsible for the safety and well being of all personnel housed within the facility. Since an MP
unit may be tasked to handle different categories if personnel (EPW, CI, OD refuges, and US military
prisoner), the commander, the cadre, and support personnel must be aware of the requirements for
each category.
20. How do you maintain a high state of discipline with your Soldiers to enhance the
internal and external security of the internment facility/Collection Point? (1.1, 1.2,
1.6) FM 3-19.40, paragraph 2-19, The MP commander establishes security measures that effectively
control housed personnel with minimal use of force..... The physical construction of the facility and
the presence of guard personnel create the most obvious means of providing internal and external
security. Maintaining a high state of discipline, a system of routines, and required standards of
behavior are all measures that enhance effective security and control.
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21.Does this facility include Sally Ports? Describe the system in place. (1.8, 4.1)
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22. What do you have in place for communications (between guards/towers and the
TOC/C2)? What problems do you have? How do you overcome them? (1.1, 1.2,
1.5, 1.8)
23. Describe the latrine facilities for Detainees' use (do they have access to it day
and night and does it conform to the rules of hygiene.and do females have separate
facilities). How are they cleaned and how often and by whom? Where do they
bathe and conduct other personal hygiene (this will depend how long it takes to
evacuate Detainees to U.S. Military Controlled Detention Facilities-12/24 hours is
the standard)? (1.1, 1.2, 1.8)) AR 190-8 para 3-4.i.(1) paraphrased...EPWs will have day/night
access to latrines that are clean. Females will have separate latrines. AR 190-8 para 6-6.g.(4)
paraphrased...All CI will have access to day/night latrines that are sanitary.
24. How do the Detainees 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 supplies to EPW/RP.
• 25. Can you give some examples of contraband? What are the procedures when
you find contraband?? (i.e.., Knives, Narcotics, weapons, currency) AR 190-8 and
local SOP.
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26. Describe your lighting systems at the Facility/Collection Point (how does it affect
security) . How about heating during the winter? What fire prevention/safety -
measures are in place? (1,8)AR 190-8, paragraph 3-4 e, EPW/RP will be quartered under
conditions as favorable as those for the force of detaining power billeted in the same area. The
conditions shall make allowance for the habits and customs of the prisoners and shall in no case be
prejudicial to their health. The forgoing shall apply in particular to the dormitories of EPW/RP as it •
regards both total surface and minimum cubic space and the general installation of bedding and
blankets. Quarters furnished to EPW/RP must be protected from dampness, must be adequately lit
and heated (particularly between dusk and lights-out), and must have adequate precautions taken
against the dangers of fire. FM 3-19.40 para 4-103 "...minimize escapes by examining the lighting
system during darkness to detect poorly lighted areas along the perimeter (replace burned out or
broken light bulbs immediately" FM 3-19.40 para 2-37 The engineer,officer is responsible for.the
maintenance of utilities (i.e. heat). AR 190-8 para 3-17(a) A safety program for EPW/RP will be setup'
and administered in each camp. AR 190-8 para 3-17(a) A safety program for CI will established and
administered IAW AR 385-10. • 4 • . 1
27. How are Detainee complaints and requests to the camp commander processed?
(1.1, 1.2, 4.1) AR 190-8, paragraph 3-16 (EPW and RP have the right to make complaints and
requests to camp commanders and the ICRC/protecting powers regarding the conditions ; of their
internment. EPW and RP may not be punished for mal'ing complaints, even if those complaints. later.
prove unfounded. Complaints will be received in confidence, as they might endanger the safety of
other detainees.. Appropriate action, including segregation, will be taken to protect detainees. ,when
necessary. This policy also applies to persons who are confined pending trial or as - a result of a trial.
b. EPW and RP may take complaints or requests to the camp commander:-
c . Persons exercising the right to complain to the ICRC or proteCting power about their treatment and
camp may do so:
(1) By mail.
( 2 ) In person to the visiting representatives of the ICRC or protecting power.
(3) Through their detainee representative.
d. Written complaints to the protecting power will be forwarded promptly through HQDA, ODCSOPS
(DAMO-ODL) NPWIC. A separate letter with the camp commander's comments will be included.
Military endorsements will not be placed on a detainee's communication.
e. If an ICRC/protecting power communicates directly with an EPW/CI camp commander about any
matter requiring an answer, the communication and commander's reply will be forwarded to HQDA,
ODCSOPS (DAMO-ODL) NPWIC, for proper action.
f. Any act or allegation of inhumane treatment will be investigated and if substantiated, reported to
HQDA as a Serious Incident Report (SIR) per AR 190-40. Once completed, a copy of the SIR
accompanies the prisoner to the EPW/CI camp, and a copy is furnished to the monitoring Branch
PWIC. All available pertinent information that the EPW or RP is willing to give, will be entered on the
form.)
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28. What are your shortcomings/problems in feeding the population? What is the
menu of the population? (1.1, 1.2, 1.8, 4.1) (FM 3-19.40, paragraph 6-14. If dining facilities
don't exist, then Detainees are to be fed MREs.)
4
29. What lems, if any, do you feel the unit has regarding manning or personnel
resourcing in con ng Detention Operations? What about the number of
personnel to control the tion operation in regards to riot control? (1.1, 1.7, 2.1)
30. What personal equipment is the unit experiencing as a shortfall concerning
detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc.)? (1.5)
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31. What types of supplies is greater in-demand for the unit during detainee
operations? And are these items regularly filled? What major shortfalls has the unit
encountered in regard to materiel and supply distribution? (1.5)
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32. What transportation problems is the unit experiencing to move detainees during
the operation? (1.5, 2.1)
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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. 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.)
37. What steps would you take if a subordinate reported to you an incident of alleged
Detainee abuse? (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
wili be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals
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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.)
+40. What systems are in place for detainees to report alleged abuse? (1.1, 1.2, 1.6,
4.1) AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1) Appeals.
The CI who are interned for imperative security reasons will be accorded the right to appeal the order
directing their internment. Such appeals will be decided with the least possible delay by a board of
officers. Appeals will be decided only on the grounds of the existence or nonexistence of imperative
security reasons requiring the internment of the protected person. 6-4. Internee Committee a.
Election. At each camp and branch camp, CI will be elected by secret written ballot to the Internee
Committee. This committee is empowered to represent the camp to the protecting powers,
International Committee of the Red Cross, or other authorized relief or aid organizations and U.S.
military authorities. e. Duties. (3) (c) The presentation and transmittal of petitions and complaints to
the appropriate authorities in proportion to the kind of labor performed. 6-9. Complaints and requests
to camp commanders and protecting power, a. Persons may make complaints or requests to the
camp commander, who will try to resolve the complaints and 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 190-40 will be
used.
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41. 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.
42. 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 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.
43. 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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,-,
44. 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 protection
policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Arthed
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 andthe
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
ken unless approved by the senior Military Police officer in the Internment Facility commander's
I
c ain 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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