Army Detainee Operations Report: DOD Questionnaire of Official re: Detainee Treatment and Rules of Engagement

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MP EmE-COMMANDER INTERVIEW QUESTIONS
Rank Branch Date: Unit
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Duty Position How Long in Job_____________ Interviewer How Long in Country ___________
1. What references/standards/publications/SOPs do you require your subordinates to use for Detainee Operations? (1.1, 1.2,2.1,4.1) AR 190-8,DoD Directive 5100.77,1949 . Geneva Convention, FM 3-19.40, These are the primary source for standards and doctrine coric~rning .
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2. What MP units under your ~ommand operate US military controlled Internment Facilities? (Battalion and Company) Hew'ffi8IIY Iliteililliem FaCIlities Ufl~ f\4.Uitary Control, do you oporate? Where are they positioned across the Theater? Have you visited any of DIV /BDE Collection Points? (1.3,1.7,·2.1,4.1) (FM 3-19.40, Appendix
0, Table 0, Lists and provides details of MP organizations and their duties regarding internment facilities.) (FM 3-19.40, Ch 2, all MP commanders and staff members must be familiar with applicable ARs, Army directives, and internatiQ allaws necess ry for the successful operation of IR and confinement facilities.)

3. What aFO the policies on the establishment of Internment facH-ittes? How do you
ensure the units are operating these locations/facilities under the provisions of the;
Geneva Convention and AR 190-8(ROE, Interrogation Techniques, .general orders,
humane treatment, etc)? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-1, Internment facilities will be

established in the communications zone of each theater of operations for the purpose of receiving,
accounting for, administering, and logistically supporting EPW/RP. Para 3-2 a. The operation of all EPW
internment facilities is governed by the provisions of the Geneva Conventions. Para 3-2 b. The Theater
commander remains responsible for the location of EPW facilities; detainees may be interned only in
premises located on land and affording proper health and hygiene standards. Except in extreme
. circumstances, in the best interests of the individual, detainees will not be interned in correctional facilities housing military 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. Transit camps or collecting points will receive the same treatment as in permanent detainee camps. The internment facility will be marked with the letters 'PW' (Prisoner of War camp) and will be placed so they will be clearly visible from the air during the daytime. Other markings may be used when agreed to by the combatant commanders and approved by HQDA.) AR 190-8, paragraph 1~4g.. (Combatant Commanders, Task Force Commanders, and joint Task Force Commander have the overall responsibility for the EPW, CI, and RP program, operations, and contingency plans in the theater of operation involved to ensure compliance with international law of war. 000 Directive 2310.1 provides that persons captured or detained by the U S Military services shall normally be handed over for safekeeping
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to U S Army Military Police, or to detainee collecting pOints or other holding facilities and installations operated by U S Military Police as ~ractiCal.)

4. Are your operations employing detainees for work? If so, what are the General policy and procedures for the Employment and Compensation of Detainees? (1.1, 1.2, 4.1) (AR 190-8, Para 7-1, b. & c., The CI will be employed so far as possible for the construction,
administration, management, and maintenance of the CI Camps .. The CI compensation procedures will
be accomplished lAW AR 37-1.) AR 190-8, para 5-2, a. Establishment. A safety program for the CI will
be established and administered in accordance with the policies prescribed in AR 385-10 and other
pertinent safety directives. AR190-8, para 7-5, The working conditions for the CI, to include protective
clothing, equipment, and safety devices, will be at least as favorable as those prescribed for the civilian .
. population of the occupied territory by the national laws and regulations and as provided for in existing

5. Is there {or do you have} a policy on the ratio of guards to Detainees? If so, what is it? Is this standard being met? If not, what is the shortfall and how are your units managing the challenge? {local sop )(.1.1, 1.2, 1.3, 2.1, 3.1, 4.1) FM 3-19.40, Appendix 0,
Table d-1 MP IIR Units, MP company (guard) TOE 19667LOOO, Assigned to IIR battalion, Duties Provides' guards for EPWs, Cis, US military prisoners, DCs, and installations and facilities at an IIR facility: Is

6. What is your detainee segregation policy? (1.1, 1.2, 1.3,1.8, 2.1, 3.1, 4.1) «EPWs, Females, Juveniles, Civilian Internees (to include those that are security threats, those that are hostile to coalition forces, and possible HVT/HVO, and Retained Persons, Criminals, etc.» What can you tell me about the categories of Detainees that you are holding? What are they and what are the definitions of the different categories that your organizations detain? How are you organized to handle the different categories of Detainees (EPW, CI, HVO, 00, and refugees?) (AR 190-8, para 6­
1, b. (4), CI shall be administered and housed separately from EPW/RP. Except in the case of families, female CI shall be housed in separate quarters and shall be under the direct supervision of women.) (FM 3-1.9.40, 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, 00 refuges, and US military prisoner), the commander, the cadre, and support personnel must be aware of the r quirements for eacb c tegory).
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7. What is the minimum living space standard for each Detainee? Who set the provisions of minimum living space for Internment Facilities? (when possible, consult the preventative medicine authority in theater for provisions of minimum living space and sanitary facilities). Has a preventative medicine expert given advice on this? (1.1, 1.2, 1.8,2.1, 2.2, 4.1) (AR 190-8, para 6-1, b. (2) (3), The sleeping quarters shall be
sufficiently spacious and well ventilated and the internees shall have suitable bedding and sufficient blankets, account being taken of the climate and the age, sex, and state of health of the internees. Internees shall have for their use, day and night, sanitary conveniences, which conform to the qJles of hygiene and are constantly maintained in a state of cleanliness.) AR 190-8, para 3-4, e. When possible consult the preventive medicine authority in theater for provisions of minimum living space and san· ary
facilities. :;

8. Are the Corps of Engineers involved in any facility upgradeslimprovements in Theater for Detainees? If so, what are some ongoing projects? What do you know of the Engineer Corps" Theater Construction Management System (TCSM). Were you aware that they have plans, specifications, and materiel requirements for Internment Facilities based on Detainee population? (1.1, 1.2, 1.8, 4.1) (FM 3-19.40, paragraph 6-6. The
Engineer Corps' Theater Construction Management System (TCMS) contains basic plans, speCifications, and material requirements for I/R facilities based on the anticipated internee population. The plans can be easily modified for temperate, frigid, tropic, and desert climates. The TCMS also provides specifications and material requirements for the facilities when dimension and/or popula.tion requirements are supplied.)
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Do you use Military Working Dogs (MWD) within detention fabilities? (1.1,4.1) FM 3­19.40, 5-74, The MWDs enhance the security and safety of an I/R facility. They can be used for patrolling and detecting explosives and narcotics.)

10.
What is the current policy to grant conditional access to the International Red Cross/Crescent to Detainees? Has this always been the policy? Are they the only . NGOs that have conditional access? If not, who are the other organizations? (1.1, 1.2,

2.2, 4.1) (AR 190-8, para 5-1, a. (5), e. (1), The CI will be entitled to apply for assistance to the
protecting powers, the International Committee of the Red Cross, approved religious organizations, relief

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societies, and any other organizations that can assist the CI. As individually determined by the theater commander, protected civilian persons who are detained as alleged spies or saboteurs or as persons under definite suspicion of activities hostile to the security of the United States as an occupying power, will be regarded as having forfeited rights of communication with the outside world under the Geneva Convention (GC) for reasons of military security. Such forfeiture will be viewed as an exceptional and temporary measure. Due to the seriousness of the charges, such persons will not be processed as ordinary CI. EPWs also have access lAW 190-8, para 3-16.)

13. When are Detainees assigned Internment Serial Numbers (ISNs) (from point of
capture to internment? Are there any reasons why Detainees would not be assigned
ISNs? (AR 190-8, para 6-2, d., Internment serial number (ISN). ISNs for each CI will be assigned

. according to the procedure set forth for EPW. The letters ACI@ will be substituted for AEPW@ e.g. US9AB-0001 CI.) (AR 190-8, Appendix B discusses in detailISNs.) FM 3-19.40, para 4-16. If the situation permits, the IRIC processes EPWs at division CPs and CHAs. Assign ISNs as early as possible. However, if an ISN is not assigned until Station 1 (see Table 4-1, page 4-3), use the capture tag number, the manifest number, or another control number until an ISN is assigned.

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14. What are the policies and procedures for US Forces transferring detainees to other Coalition Forces/Host Nation Forces? Has this been done? (1.1, 1.2, 2.2) (AR 190-8, paragraph 1-4g(1) (Commanders will provide for an EPW, CI, and RP camp liaison and assistance
program to ensure the protection of U S interests per the Geneva Conventions upon the capture and transfer of detainees to a host or other nations.)

15. What are the procedures that allow other United States Government Agencies (OGA) access to Detainees? Who is the approval authority? How much notice do they have to provide the chain of command? Do Detainees ever leave U.S. Military Control for interrogation? How about U.S. Military Police control to MI control? What is the process for turnover and accountability of the Detainee? What happens if a detainee i·s returned to U.S. Military Control from anOGA, and it is determined that abuse has occurred? (1.1 , 1.2,4.1) (FM 3-19.40, para 3-68, The interrogation area accommodates an
interrogator, captive, a guard, and an interpreter as well as furniture. Accountability procedures are implemented and requiredforms are available.) (FM 3-19.40 para 3-14. Property Accountability. *Have MI sign for property on OA Form 413'7 and for captives on DO 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.)

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17. What are your biggest issues concerning logistical, contractor, and interpreter support for Detainee Operations? ? (1.1,1.5,4.1) (FM 3-19.40, para 7-101, Supply functions
.in a confinement facility are the same as those in other military units. However, stronger security
measures are necessary to prevent certain supplies and equipment from falling into the hands of
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18. What are your biggest issues concerning adequate facilities for Detainees? (1.1, 1.8, 4.1) (AR 190-8, para 6-1, Discusses in detail, the standard for internment facilities for Cis.)
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19. Can you describe the in-processing actions required for Detainees? What are some of the reasons that Detainees are not accepted to the internment facility? Are capturing units/subordinate units properly processing Detainees? If not, what are they doing wrong? Is it administrative in nature orin the physically handling of Detainees? (1.1, 1.2, 4.1) (AR 190-8, para 6-2, Discusses in detail, the administrative processing by MP units of
Cis.) 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. DO Form 2745, Part C is attached to the property confiscated from the Detainee, so that it may later be matched to that Detainee.) AR 190-8, paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy
. supplies and equipment through theater logistics and EOD channels.) FM 3-19.40 para 3-14. Property· Accountability. When seizing property from a captive-* Bundle it or place it in a bag to keep it intact and separate from other captives' possessions. *Prepare DA Form 4137 for confiscated and impounded . property. * Prepare a receipt for currency and negotiable instruments to be Signed by the captive and the receiver. Use cash collection vouchers so that the value can be credited to each captive's account. List currency and nl3gotiable 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 DO 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 whenhe moves to the next level of internment. * Maintain co.ntrolled access to confiscated and impounded property. 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.,FM 190-8, para 6-2, c. (1) DA Form 4237-R will be prepared for each protected civilian processed in an occupied territory
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20. What is the process to account for and dispose of weapons and contraband,
confiscated from Detainees? What happens to personal property? (Is it disposed
of/tagged along with the Detainee and is it stored properly and accounted for?)
Why is the DO Form 2745 (Capture Tag) not being used? What are units using in lieu
of (if any)? ((Detainee Capture Card found in draft MTTP, Detainee Ops-this card
does not require near as much data as DO 2745 O. The CPA Apprehension Form
helps offset the lack of info on the Detainee, however it is usually filled out in a
single copy (not the 3 required))) Who decided on the use of the Coalition
Provisional Authority Apprehension Form and why? (1.1, 1.2, 1.4, 2.1, 2.2, 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.) (FM 3-19.40 para 3-7 and 3-8, The Five Ss and
T procedure is performed by the capturing unit. When a captive arrives at a division CP or a CHA, he is
processed by the STRESS method.) (FM 3-19.40, para 5-32. The information flow begins when the
prisoner is captured and a DO Form 2745 is initiated. The ISN, which is assigned upon arrival at a CHA

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or an IIR facility, is the key to tracking Cis throughout the I/R system.) (FM 3-19.40 para4-12 (for EPWs) and para 5-28 (for Cis) "Store personal property in a temporary storage area ... "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. DO Form 2745, Part C is attached to the property confiscated from the Detainee, so that it may later be matched to that Detainee.) 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 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 DO 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. Property seized from a CI (AR 190-8; 6-3b), will be documented on the DA Form 4237 -R. Use of the DA Form 4137 is not required. Property. seized from an EPW/RP [AR 190-8, 2-2b(j)] will be documented on t e DA Form 41;37. /. § ,
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21. Does the current force structure meet the requirements to run Internment Facilities? If not why? What recommendations can you can you provide? Do your units have what they need to accomplish the mission (personnel/equipment) without additional support? If not, explain? What do you perceive to be doctrinal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine and accomplish differently? (1.1,1.3,1.5, 1.7,2.1,4.1) AR190-8, 000 Directive 5100.77,.1949
Geneva Convention, FM 3-19.40, These are the primary source for standards and doctrine concerning Detainee Operations). (FM 3-19.40, Appendix 0, Table 0, Lists and provides details of MP organizations and their duties regarding internment facilities.)

22. What is the ROE concerning Detainees? How do you ensure that this ROE is being followed and understood by all Soldiers in your command that have any contact with Detainees? What is the policy to train on the established Rules of Engagement (ROE)?
. How often does this occur? Does this training include Rules of Interaction (ROI)? (1.1, 1.2, 1.4, 1.6, 4.1) (000 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.) FM 3-19.40, paragraph 2-29, An MP oommander 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. ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U)

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