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

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An Army questionnaire, including forty-one questions, given to an enlisted Grade 5 (Sergeant) regarding soldier training, soldier morale and the treatment of detainees. The handwritten responses are mostly illegible or redacted.
He/she responded that in regards to interrogation operations, he/she felt like their hands were tied, and that there were very few approaches used.

Doc_type: 
Interview
Doc_date: 
Tuesday, March 9, 2004
Doc_rel_date: 
Monday, October 3, 2005
Doc_text: 

INTERROGATOR OIC/NCOIC
Rank[ s: Branch R¥ r7f: Date: 0()}j ,) I Y Unit~~f fYlI Bt:. 0 Duty Position INffP,i9 ,,"I91j(( How Long in JOb---",--1'-IF-yI-OA_-----::--____ Interviewer ' How Long in Country t)l~. .
1. What references/standards/publications/SOPs do you use to conduct interrogation Operations? (1.1,1.2,2.1,4.1) AR 190-8, 000 Directive 5100.77,1949 Geneva Convention, FM
34-52 Intelligence Interrogation, FM 3-19.40, These are the primary source for standards and doctrine concerniA'g Detainee Operations).
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2. How does the command ensure that interrogation Operations is conducted in compliance with the international Law of war? (OPORD/FRAGO, ROE, Interrogation Techniques, general orders, humane treatment, etc)
1.1 1.2, 1.6,4.1) AR 190-8~ )
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3. Did you and your soldiers undergo Level B Law of War training prior to deployment? Explain what training occurred. Is there a plan to train new Soldiers (replacem~nts) to the unit? Did this training include the treatment of Detainees? Explain.' (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 of·

such knowled e to be commensAJrat with each individual's duties and responsibilities.) All" ;.. 1 /vKfv
4. What Home Station/Mob Site Training did you and your soldiers receive prior to deployment to help your unit prepare for Detainee/interrogation Operations? Describe it. How did the training prepare you to conduct Detaineelinterrogation Operations for this deployment? How did this training distinguish between the different categories of Detainees
EPWs, RPs, Cis, etc.)? (1.1, 1.2, 1.4, 4.1) 00002310.1 (The U.S. Military
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5. What training did you receive on the established Rules of Engagement (ROE)? How
often does this occur? Does this training include Rules of Interaction (ROI)? (1.4, 4.1) (000 Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives,
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DOD-027370

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7. What guidance or policies ,are there to ensure fraternization is not taking place between U.S military personne and the detainees? (1.1, 1.2, 1.4,1.6,4.1) AR 190-8,·
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8. What training have you and your subordinates received to ensure your knowledge of DO is lAW the provisions under the Geneva Convention? (1.1, 1.2, 1.3, 4.1) 00002310.1
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9. What is the OIC/NCOICs overall role in detainee operation process? What involvement do the OIC/NCOICs have in the interrogation process of detainee operations? Do the OIC/NCOICs provide a means to validate detainee's information? Do the OIC/NCOICs provide input as to the disposition of the detainee? (1.1, 1.2, 1.6,4.1) (FM 34-52 page 2-\2 B!ttalioO 82 Cont,ols lotmogaoon employ~d (0' tempo...., pe,iod at battalio~
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10. What -is the procedure on how to identify a detainee who may have intelligence _ information? Who performs this procedure? Are MPs involved in the decision-making? Are PIRs used as a basis for the identification of detainees of interest, personality lists used, etc? (1.1, 1.2." 2.1) (FM 34-52 Intelligence Interrogation, page 3-2) If time permits, screeners
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11. How many people are authorized to be present in the room when interrogating/ screening a detainee? Under what circumstances are you required and authorize-d to have more people? (1.7) (no standard) .
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12.Are the personal effects of a detainee released to the interrogator or is the interrogator allowed to examine the items? (DOCUMENT HANDLING) (1.1, 1.2) (FM 34-52
yes
13. Are you receiving sufficient information from the capture paperwork to properly
conduct screenings and interrogations? Are the current requirements for
documentation of a captured person sufficient or excessive? Did the changes in
procedures as far as documenting captured person improve your ability to gather
intelligence? (1.1, 1.2, 2.2, 4.1) ((FM 3-19.40, para~raph 2-3, The commander is responsible for

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14.What are the procedures for the transfer of custody of Detainees from the MP/Guard
personnel to Military Intelligence perl?onnel? When the detainee is returned to the guard
force, what procedures occur? (what info is passed on to the Guard F-orce (type of
reward?) ...observation report, paper trail audit) (1.1,1.2,4.1) (FM 3-19-40, chapter 3/3--68)

If a captive or his equipment or documents are removed from the receiving/processing line, account for
them on DO Form 2708 and DA Form 4137. 3-68. The site is located where screeners can observe
captives as they are segregated and processed. It is shielded from the direct view of captives and is far
enough away that captives cannot overhear screeners' conversations. Th"e site has an operation,
administrative, and interrogation area. The interrogation area accommodates, a captive, a guard, and an
interpreter as well as furniture. Lights are available for night operations. Accountability procedures are
implemented and required forms are available.) -.1

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15. Describe the screening /background checks required prior to hiring interpreters. Are they trusted by U.S. Soldiers? (1.3, 1.7,4.1) (FM 34-52, FM 3-19.40, para 4-6, Request interpreters from MI, PSOP, allied forces, or local authqr;,it'es as necessary.) f.

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16. What is your perception of the contract interrogators training and capabilities to conduct proper interrogations of detainees? (1.4) (No Standards apply on perceptions.) ­
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17. How are translators/linguists used during the screening/interrogation process? Do
you trust the interpreter? How are MPs/Guards used during this process? (1.1, 1.2, 1.7, 2.1) (FM 34-52 Intelligence Interrogation, use of interpreter page 3-30 Interpreter briefing: Once the
18. Do counterintelligence agents conduct interrogations of detainees? What training have they received for conducting interrogations? What is their understanding of the laws of war as it pertains to interrogating detainees? (1.1, 1.2, 1.5) (Counterintelligence
agents are not authorized to interrogate detainees unless they are trained on FM 34-52, FM 27-10)
19.What do you perceive to be doctrinal shortcomings pertaining to Interrogation Operations? How would you fix/incorporate into updated doctrine/accomplish differently? How about Force Structure to ensure Interrogation Operations can be successfully accomplished? What are the shortcomings and how do we fix the problem at the Army-level? (1.1, 1.3, 1 ;5, 1.7,4.1) .
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20. What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2,4.1) AR 190-8,
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21. Do you know of the proceduresto 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
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22. Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 1.6,4.1·) AR 190-40 para 2-1, Military and civilian personnel assigned to or

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23. Do your subordinates know the reporting procedures if they observe or become
aware of a Detainee being abused? (1.2, 1.6) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1.
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24. 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.
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25. Do you feel you can freely report an incident of alleged Detainee abuse outside
Command channels (IG, CID) (1.6,4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, 8-. 1 llf-S
26. What procedures do you have to report suspected detainee abuse (IG, CID, Next
Level Commander) (1.2, 1.6, 4.1) (AR 190-4,0, Appendix B, Category 1 Reportable Serious Incidents, B-1.
31. 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_
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32. 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
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33. 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 Comm~nd cares? Are they getting clear guida ce?) 1 AR 600-20 • 13 May 2002 1-5. Command, b. Elements of command._

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34. Are you aware of any incidences of detainee or other abuse in your unit? AR 190-8,1-,
NO
ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No· person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court:martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court­martial. (1.2, 1.6) .
I am-(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed . (specify offense,i.e; aggravated assault, assault, murder). Under Article 31, you have the right to
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remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other ­judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian counsel of your own choosing, at your own expense. You may request a lawyer· at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you want a lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?
35.
Describe what you understand happened leading up to and during the incident(s) of . abuse. (No applicable standard) ____________________-__

36.
Describe Soldier morale, feelings and emotional state prior to and after these

incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, retaliation, preemption, family crisis) _____________________...,....-___

37.
Was this incident reported to the chain of command? How, when & what was done? What would you have done? (Identifies compliance, procedure, timeliness, Soldier perception of action taken and effect on unit morale.) (1.2, 1.6) (AR 190-40, Appendix B. Category 1___

38.
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard) ______________________

39.
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM 22-51. para 11-5._

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40. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which
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41. What measures could the command enact to improve the morale and command . climate of your unit? (Identifies perceived solution.) FM 22-103, Leadership and Command at__
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Doc_nid: 
3909
Doc_type_num: 
73