This document is a memo to file for the Criminal Investigation Division to establish interim policy concerning the investigation and autopsy of detainee deaths occurring in the custody of the Armed Forces of the United States in a deployed environment. The policy change is as follows: 5-24(c) (3): Supervisory considerations for death investigations - In the case of a death of any person held as a detainee under the custody of the U.S. Army, the commander of the detention facility (or if the death did not occur in a facility, the commander of the unit exercising custody of the individual) will immediately report the death to Army law enforcement authorities...The body will not be released from US Custody without written authorization or prior approval from the Armed Forces Medical Examiner. Determination of the cause and manner of death in these cases will be the sole responsibility of the Armed Forces Medical Examiner or other physician designated by the Armed Forces Medical Examiner."
DEPARTMENT OF THE ARMY
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
ALCID Memorandum 012-04 7 June 2004 CIOP-COP-PO (195)
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: ALCID Memorandum 012-04, Chapter 5, CID Regulation 195-1, Criminal Investigation Operational Procedures, 15 January 2004.
1 References:
a. 10 U.S.C. 1471, Forensic Pathology Investigations.
b.
DoD Directive 2310.1, "DOD Program for Enemy Prisoners of War and other Detainee", 18 Aug 04.
c.
DoD Directive 5100.77, "DoD Law of War Program", 9 Dec 98.
d.
DoD Directive 5154.24, "Armed Forces Institute of Pathology", 3 Oct 01
e.
DoD Instruction 5154.30, "Armed Forces Institute of Pathology Operations", 18 Mar 03.
f.
CID Regulation 195-1, Criminal Investigation Operational Procedures, 15 January 2004.
2.
The purpose of this ALCID is to establish interim policy concerning the investigation and autopsy of detainee deaths occurring in the custody of the Armed Forces of the United States in a deployed environment. This policy remains in effect until future publication of Department of Defense directives.
3.
Effective immediately, CIDR 195-1, paragraph 5-24, is amended as follows:.
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DODDOACID 009357
CIDP-COP-PO
SUBJECT: ALCID Memorandum 012-04, Chapter 5, CID Regulation 195-1 Criminal Investigation Operational Procedures, 15 January 2004.
524. Supervisory considerations for death investigations
-
a.& b. No change.
c. (1) & (2) No change.
(3) Added: In the case of a death of any person held as a detainee under the custody of the U.S. Army, the commander of the detention facility (or if the death did not occur in a facility, the commander of the unit exercising custody of the individual) will immediately report the death to Army law enforcement authorities. For the purposes of this policy a detainee is defined as "any person captured or otherwise detained by an armed force. The detention need not occur at a MP controlled detention facility and may include checkpoints and cordon and search operations." Once notified of the death, the responsible CID element will expeditiously contact the Office of the Armed Forces Medical Examiner, which will determine whether an autopsy will be performed. Upon determination of death, the controlling CID element will ensure the remains of the decedent are placed in a clean body bag and secured. The remains will not be washed and all items on or in the body will be left undisturbed except for weapons, ammunition, and other items that pose a threat to human life. The body will not be released from US Custody without written authorization or prior approval from the Armed Forces Medical Examiner. Determination of the cause and manner of death in these cases will be the sole responsibility of the Armed Forces Medical Examiner or other physician designated by the Armed Forces Medical Examiner.
d. thru j. No change
4. This change has been updated in the electronic version of CIDR 195-1.
, 5. Point of contact (POC) for HQ, USACIDC Investigative Operations is CW3 4914-11 66-7 11111111/01MINDSN 656411111. commercial 11118,10111M1 or e-mail: 674.-1 1 196-/ 111111111111111Pbelvoir.armv.mil . (Policy Tasker 0052-04). loi4-1 , 106-1
101-c-I I b6--/
FOR THE COMMANDER:
Colonel, GS
Deputy Chief of Staff, G-3 DISTRIBUTION: A
DODDOACID 009358