Army Detainee Operations Report: DOD Questionnaire of Staff Sergeant re: Detainee Operations

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POINT OF CAPTURE--CDR11 SG/ PLI PS _
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1. (ALL) How did you prepare yourself and your junior leaders to become familiar with and understand the applicable regulations, OPORD/FRAGOs directives, international laws and administrative procedures to operate a unit Collection Point? (1.1, 1.2, 1.4, 1.6, 4.1) (FM 3-19:40, paragraph 2-2, Commanders are
familiar with applicable regulation, directives, international laws, and administrative
rocedures.)
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2. (ALL) Did you and all of your Soldiers undergo Law of War training prior to deployment? Explainwhat training occurred. Did this training include the treatment of Detainees? Is there a 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
followin-g acts are prohibited murder, torture, corporal punishment, mutilation, tak,ing of hostages,
_sensory deprivation, collective punishments, execution without trial by proper authority, and i;311 cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity. (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
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law of war will be known to members of their respective Departments, the extent of such
knowledge to be co mensurate with each individual's dutie~ and responsibilities.) .

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3. (ALL) 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? How did this training distinguish between,the different categories of Detainees (EPWs, RPs, Cis, etc.)? (1.1, 1.2, 1.3, 1.4,4.1) (00002310.1 (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 000 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 1-5 (4) (C), DOD Directive
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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. (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.)
4. (ALL) 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) (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. AJ ed Force and
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5. (ALL) Describe the training you received at the last Professional Military .
. Education on 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)
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6. (ALL) Describe the training the guard force received to prepare them fo"r their
duties. How do you ensure your guards understand their orders? (1.1, 1.2, 1.4,
1.6, 4.1) (FM 3-19.40, para 2-49) FM 3-19.40 , paragraph 2-23, The force has a commander of

the guard, one or more sergeants of the guard, a relief commander for each shift, and necessary
number of guards. There are two types of orders for guards: General orders. All guards are
required to know, understand, and comply with the general orders outlined for sentinels in FM 22­
6. Special orders. They apply to particular posts and duties. Special orders supplement general
orders and are established by the commanders.) f, V . Ai../. t

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7. (ALL) How does your unit conduct sustainment training for Detainee Operations? 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) 00002310.1 (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 000 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 8 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 punishmen.ts, 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.)
(ROE from CJCS ISO Iraqi operations dated 251600Z Apr.o3 para 10 (U) All commanders will

8. (CDRl1 SG) What are your policies on the establishment of a unit holding
area? How do you ensure that these areas operate lAW Law of War? (1.1, 1.2,

4. 1) (AR 190-8, paragraph 3-2, 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 DO. The operation of all EPW internment facilities is governed. 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 ofthe 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. Oth~r markings may be used when agreed to by the
combatant commanders and approved by HQDA.) (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 350-1 para 4-14 c (2) and table G-1 Refresher training, dated 9 April 2003}, Level 8 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.)
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9. (PUPS) What is the units' policy on the establishment of a unit holding area? How do you know that you are operating the holding areas lAW Law of War? ?­(1.1, 1.2, 4.1) (AR 190-8, paragraph 3-2, 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 DO. The operation of all EPW .internment facilities is governed. 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) an'd 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 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 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,violence t includi ~u lic curiosity.)
10. (ALL) How do you administratively process each detainee, (Le., tagging pax . and equipment, evidence, witness statements, etc.)? (1.1, 1.2, 1 ..6) (FM 3­19.40, paragraph 2-3, The commander is responsible for the administrative processing of each internee. When processing is complete, he submits a DA Form 2674-R to the servicing internmenVresettiement information center (IRIC), which function as the field operations agency for th~ nationallRIC located in CONUS.) (AR 190-8, para 2-1, a. (1) (b) (c), All equipment, docurinents, 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.)

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11. (All) How do you maintain good morale and discipline with Soldiers and leaders to enhance the security of the unit collection point? (1.1, 1.2, 1.6) (AR 600­20 para 4-1, Military discipline a. Military discipline is founded upon self-discipline, respect for properly constituted authority, and the embracing of the professional Army ethic with its supporting individual values. Military discipline will be developed by individual and group training to create a mental attitude resulting in proper conduct and prompt obedience to lawful military authority. b. While military discipline is the result of effective training, it is affected by every
feature of military life. It is manifested in individuals and units by cohesion, bonding, and a spirit of teamwork; by smartness of appearance and action; by cleanliness and maintenance of dress,
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equipment, and quarters; by deference to seniors and mutual respect between senior and subordinate personnel; by the prompt and willing execution of both the letter and the spirit of th~ legal orders of their lawful commanders; and by fairness, justice, and eql!ity for all soldiers, regardless of race, religion, color, gender, and national origin. c. Commanders and other leaders will maintain discipline according to the policies of this chapter, applicable laws and regulations, and the orders of seniors.)
12.(ALL) What procedures do you have in place to ensure Soldiers and leaders understand the use of force and rules of engagement for the unit collection point? (ROE Card, sustainment tng, etc) (1.1, 1.2, 1.4, 1.6,4.1) (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. 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.) 1
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13.(ALL) What procedures are in place to dispose of captured contraband
(enemy supplies and equipment)? (1.1, 1.2,4.1) (AR 190-8, paragraph 1-4g(3), (Commanders will collect and dispose oJ captured enemy supplies and equipment through t!ter 10Qistics and EOD ~annels.2t c.,. I n
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14. (CDRl1 SG) What policies/procedures do you have in place to ensure that all Detainees are protected, safeguarded, and accounted for (5Ss & T)? What policies/procedures does your unit have to ensure the humane treatment of Detainees? (1.1, 1.2,4.1) (AR 190-8, paragraph 2-1a(1), (The commanding officer of the
capturing unit will ensure that all Detainees are protected, safeguarded, and accounted for lAW AR 190-8. This regulation applies from the time of capture until evacuation to designated internment facilities.) 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
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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.}
15. (ALL) What are your procedures for questioning Detainees? (Is interrogation taking place?) Who is interrogating the detainees? (1.1, 1.2; 4.1) AR 190-8; paragraph 2-1 d, (The use of physical or mental torture or any coercion to compel
prisoners to provide information is prohibited. Detainees may voluntarily cooperate with PSYOP personnel in the development, evaluation, or dissemination of PSYOP messages or products. Detainees may not be threatened, insulted, or exposed to unpleasant or disparate treatment of any kind because of their refusal to answer questions. Intelligence or counterintelligence

16. (ALL) What are your procedures to evacuate a detainee from the point of capture to the Battalion/Brigade collection point? What transportation problems is the unit experiencing either to move troops or detainees during the operation? How do you process detainees tOQ sick or wounded to be evacuated? (1.1, 1.2, 1.3, 1.5, 4.1) AR 190-8, paragraph 2-1(1} e, (Detainees will be humanely evacuated fromthe
. combat zone and into appropriate channels as quickly as possible. Instructions given to detainees during evacuation from the combat zone will be, if possible, in their own language and as brief as possible. When military necessity requires delay in evacuation beyond a reasonable period of time, health and comfort items will be issued, such as food, potable water, appropriate clothing shelter, and medical attention. Detainees will not be unnecessarily exposed to danger while awaiting evacuation. The capturing unit may keep detainees in the combat zone in I;:ases where, due to wounds or sickness, prompt evacuation would be more dangerous to their survival than retention in the combat zone.) AR 190-8, paragraph 1-4g(5}, (Commanders will establish­guidance for the use, transport, and evacuation of detainees in 101stical sup-port channels.) ;J

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17. What is the number bf personnel that is needed to move prisoners within the holding area and then to higher? (Le. for medical sick call, evacuation, etc.)? (1.1, 1.7, 2.1, 3.1) FM 3-19.40, para 4-34, A transfer may be a result of reclassification or
another situation requiring the movement of an EPW. Transfer an EPW from one facility to another under conditions that are comparable to those for a member of the US armed forces when possible. Security measures are determined by MP and are influenced by the type of EPW being transferred, the mode of transportation used, and other pertinent conditions. AR 190-47, 11-3.b.(4}, Guard requirements for prisoners being transported outside an ACS facility, by means
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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) Non­correctional 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 circumstances, prisoners will have one guard per two prisoners, and in minimum custody circumstances there will be one guard per five prisoners.
1B.(ALL) What medical personnel are available to support DO? (1.1, 1.2, 1.3,
2. 1, 3.1, 4.1) AR 190-8, paragraph 1-4g(6) a-e, (Commanders will identify the requirements and allocations for Army Medical units ISO the EPW, CI and RP program, and ensure that the medical annex of OPLANS, OPORDs and contingency plans include procedures for treatment of Detainees; Medical support will specifically include: First aid and all sanitary aspects of food
. service including provisions for potable water, pest management, and entomological support, preventive medicine, professional medical services and medical supply; reviewing, recommending, and coordinating the use and assignment of medically trained EPW, CI, RP, and 00 personnel and medical material; establishing policy for medical repatriation of EPW, CI, and RP and monitoring the actions of the mixed Medical commi~~?,) . nI,
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19. (ALL) 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 o{deceased. (2) ISN ofdeceased.
(3) Date, place, and cause of death. (4) State.ment that death was, or was not, the result of the deceased's own misconduct. (5) When the cel'use 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 E;PW dies in the United States.
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20. (ALL) What equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, radios, weapons, etc.)? (CDR) Are any of these USR shortages and if so are you reporting them on your USR? (1.5) .../i.
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21. (ALL) What types of supplies is greater in-demand for the unit during detainee operations? What about health and comfort items? And are these items regularly filled? (1.5)
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. 22. (ALL) What duties put the most stress on soldiers in terms of personnel . resources? (1.1, 1.7) .
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(ALL) What is the most important factor that you would address in terms of personnel resources in regards to a successful detajnee operation? (1. 7) II".~ )fYJ-;} (: C. ~IlS~«J od t/,t-kldft ow7 £~;e M. 5 f Wf/ffllrynt'ftJrl 0' Iff f/l ulfte . . .

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(ALL) What MRs or lessons learned have you written or received regarding detainee operations? Can I get a copy? (preferably on disk) (2.1, 2.2)

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