Army Memo re: Allegations of Detainee Abuse in Iraq and Afghanistan

INFORMATION PAPER DAJA-ZA 2 April 2004 SUBJECT: Allegations of Detainee Abuse in Iraq and Afghanistan 1. Purpose. To provide information on investigations into allegations of detainee abuse and/or death in Iraq and Afghanistan. New information added since the previous report is underlined. 2. Background. a. A total of sixty-two (62) cases of detainee abuse and/or death have been or are being investigated; forty-six (46) are being investigated by CID and sixteen (16) others are being investigated at the unit level. b. As noted in paragraph 3, of the forty-six (46) cases investigated by CID, twenty-six (26) cases involve detainee deaths and twenty (20) cases involve other allegations of detainee abuse (e.Cassault). Command dispositions in these cases are included, where known. Of the twenty-six (26) cases involving detainee deaths, twelve (12) investigations have been closed in cases where the death was determined to-be-due to natural causes or the cause of death was -undetermined (i.e., no apparent evidence of abuse). c. As noted in paragraph 4, there have been sixteen (16) cases involving allegations of detainee abuse investigated at the unit level (e.g., AR 15-6 investigation). d. Command disposition, where known, is highlighted in the text. 3. Discussion of CID Investigations. a. Death Investigations * : * There is one case summary of a death of a detainee that is missing. Efforts are underway to retrieve that summary. eiff0P1 U0 0 0 0 1 15 1E (3) (5) On 3 Aug 03, at the Camp Cropper detention facility, an Iraqi detainee died while in US.custody, no. autopsy was conducted, and the body released for burial. The manner of death is , currently classified as "undetermined" but since no forensic examination of the body was conducted, no greater clarity as to the cause of death is expected. The case was closed on 4 Feb 04 (0025-03-1CTD919). (6) On 8 Aug 03, an Iraqi detainee died at the Abu Ghraib Prison. An autopsy revealed that the detainee had died of a heart attack. The investigation was closed on 24 Jan 04 (0136-03-CID259). (7) On 10 Aug 03, an Iraqi detainee died at Abu Ghraib Prison. Initially, this investigation was classified as an undetermined death. An autopsy revealed that the detainee died of a heart attack. On 1 Sep 03, the investigation was closed (0139-03-ClD259). (8) On 13 Aug 03, an Iraqi detainee died at Abu Ghraib Prison. Initially, this investigation was classified as an undetermined death. An autopsy revealed that the detainee died of a heart attack. Investigation was closed on 24 Jan 04 (0140-03-CID259). (9) On 20 Aug 03, at the Camp Cropper detention facility, an Iraqi detainee died while in US custody. No autopsy was conducted and the body released for burial. The manner of death 2 FOR OFFICIAL USE ONLY — LAW ENFORCEMENT SENSITIVE / ATTORNEY WORK PRODUCT All information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By law and regulation, it may not be disclosed to any person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command and the Office of The Judge Advocate General, U.S. Army. qof2:85 r n 24 5 600002 DAJA-ZA SUBJECT:Allegations of Detainee Abuse in Iraq and Afghanistan . is currently classified as "undetermined" but since no forensic examination of the body was conducted, no greater clarity as to the cause of death is expected (0147-03-0D259). (10) On 11 Sep 03, at the Forward Operating Base Packhorse detention facility, an Iraqi detainee died while in US custody. An enlisted Soldier while on guard duty, failed to follow the ROE and shot the detainee who was throwing rocks. Case closed and referred to the command for appropriate action. The Soldier was reduced to E-1 and administratively discharged in lieu of trial by court-martial (0149-03-CID469). (13) On 6 Nov 03, an Afghani detainee was found dead in his cell at FOB Gereshk, He had bruising about his hips, groin, and buttocks. An autopsy could not establish a cause of death. The manner of death is currently classified as undetermined Investigation continues (0174-03-C1D369). (14) On 24 Nov 03, four Iraqi detainees were shot and killed while trying to escape Abu Ghraib Prison. Investigation determined the shootings were justified (0264-03-CID259-61231). (15) 3 FOR OFFICIAL USE ONLY — LAW ENFORCEMENT SENSITIVE / ATTORNEY WORK PRODUCT All information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By law and regulation, it may not be disclosed to any person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command and the Office of The Advocate General, U.S. Army. igen ? 8 6 0 00 46 U00003 (16) On 9 Dec 03, at the 2d Brigade detention facility in Mosul, an Iraqi detainee died while in US custody. No autopsy was conducted, the body did not exhibit signs of abuse or foul play, and the death is currently classified by CID as "undetermined" with no greater clarity as to the cause of death expected. Investigation was closed on 1 Jan 04 (0140-03-C1D389). (17) On 3 Jan 04, an Iraqi national was drowned after he was allegedly pushed off a bridge by Soldiers in Samarra. Further, the Soldiers are alleged to have conspired to cover up the incident. Investigation continues. (18) On 8 Jan 04, an Iraqi detainee died of a heart attack at Abu Ghraib Prison. Investigation was closed on 30 Jan 04 (0007-04-ClD259). (19) On 9 Jan 04, CID was notified of the suspicious death of an Iraqi detainee. The detainee, a former Iraqi Army LTC, was taken into custody on 4 Jan 04 and was subsequently placed in an isolation cell and questioned at least two times in ensuing days. An examination of the detainee's remains disclosed there was extensive bruising on his upper body. On 11 Jan 04, an autopsy was conducted _ by an Armed Forces Medical Examiner. His_prelinainary report indicates the cause of death as blunt 'force injuries and asphyxia, with the manner of death listed as homicide. Investigation continues (0009-04-ClD679). (20) On 16 Jan 04, at the Abu Ghraib Prison, an Iraqi detainee collapsed and died in his cell during morning prayers. To date, the results of the autopsy are unknown. The manner of death is currently classified as "undetermined." Investigation continues (0012-04-C1D259). (21) On 28 Jan 04, at Camp Cropper, an Iraqi Detainee, who was being treated for chest pains at the 28th Combat Support Hospital, fell out of bed, struck his head on the floor, and lapsed into a coma. A CAT scan and surgery revealed inter-cranial bleeding and signs of prior head injuries. The detainee subsequently died-on 31 Jan 04. The cause of death was undetermined (body released prior to autopsy). Investigation closed (0020-04-C1D259). (22) On 7 Feb 04, a 61 year-old detainee died while in custody at a central collection facility in Iraq. The death was determined to be due to natural causes. Investigation continues (0025-04-C1D469). 4 FOR OFFICIAL USE ONLY — LAW ENFORCEMENT SENSITIVE / ATTORNEY WORK PRODUCT All information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By law and regulation, it may not be disclosed to any person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command and the Office of The Jud Advocate ri'30 2 " Advocate General, U.S. Army. , 000247 000004 (23) On 19 Feb 04, an Iraqi detainee collapsed at the Abu Ghraib Prison, and died after CPR failed. An autopsy is pending. The manner of death is currently classified as undetermined. The death was determined to be due to natural causes (peritonitis). Investigation continues (0036-04-CID259). (24) On 28 Feb 2004, a SGT attempted to detain an Iraqi; the Iraqi resisted when the SGT attempted to place flexi-cuffs on him. A PFC raised his weapon to protect the SGT. The SGT was able to complete the cuffing process and was leading the detainee away when the PFC believed that the Iraqi was lunging at the SGT. The PFC fired one round from his weapon which struck the detainee in the head and killed him CID is still investigating (OD 004-04-ClD469-79638-5HIA). (25) On 7 Mar 04, a detainee died a Camp Cropper Detention Facility after complaining of chest pains. An autopsy indicated the death was due to natural causes (heart attack). Investigation continues (0050-04-ClD259). b. Other Abuse Allegations.** (2) On 12 May 03, at Camp Bucca, Iraq, ten USAR enlisted MP Soldiers physically assaulted seven Iraqi detainees during in-processing at the facility. Case closed and referred to the command for appropriate action (0031-03-ClD519). The command initiated court-martial charges against the four Soldiers — all in the 320th MP Group (USAR). All four Soldiers requested an administrative disposition of their case in lieu of trial by courts-martial. All four Soldiers were administratively separated from the Army; three of these Soldiers also received nonjudicial punishment. ** CID is currently tracking 20 cases of detainee abuse involving assault Of those cases, four have not been summarized for this report. Efforts will be made to ascertain the specific facts of each case and report those facts in next week's report. 5 FOR OFFICIAL USE ONLY — LAW ENFORCEMENT SENSITIVE / ATTORNEY WORK PRODUCT All information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By law and regulation, it may not be disclosed to any person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command and the Office of The Judge() 30 f)881 Advocate General, U.S. Army. r-00248 UJO005 (3) On 12 May 03, at Camp Bucca, Iraq, an enlisted Soldier fired a shot at the feet of an Iraqi detainee instead of in a safe direction as required by the ROE, and the detainee suffered a facial wound as a result. Case"closed and referred to the command for appropriate action. The command disposition of this case (a PFC) is currently unknown (0033-03-CID519). (4) Between 1- 22 Jun 03, two Soldiers (PFCs) detained two Iraqis for curfew violation and possible possession of small arms. It is alleged that one of the detainees became unruly, although their hands were "zip-tied." The two PFCs struck the detainee in the face several times breaking his nose. Both PFCs were tried by a Summary Court-Martial. One received reduction to E-1; the other received a reduction to E-1, forfeiture of two-thirds pay for one month, and 45 days hard labor without confinement (0049-03-CID899). (5) On 13 Jun 03, a SGT punched, kicked and slapped a detainee. SGT plead guilty at a BCD Special Court-Martial and sentenced to reduction to E-1 and 60 days confinement (0046-03-CID899). (6) On 13 Jun 03, the squad leader of the SGT mentioned in paragraph above, allowed his Soldiers to beat detainees. SGT tried ataBED Special_Court-Martial_and sentenced to a _ reprimand and forfeiture of $1000 per month for two months (0046-03-ClD899). (7) On 20 Jun 03, a 1LT detained several individuals suspected of looting and placed them in the back of a truck. He later took one detainee, a young boy, from the truck, pointed his pistol at the boy's head, and fired a round away from the boy in an effort to scare him. Case referred to a General Court-Martial; 1LT's request to resign in lieu of court-martial was approved by HQDA with OTH discharge (0039-03-ClD899) (8) On 21 Jun 03, a SPC slapped a detainee who was seated on the ground with his hands behind his head. SPC received a Field Grade Article 15 and was reduced to E-1 (0041-03-ClD899). (9) On 21 Jun 03, a SSG allegedly charged and placed a weapon next to a detainee's head. SSG was found not guilty at a General Court-Martial (0041-03-CID899). (10) On 20 Aug 03, at Forward Operating Base Gunner, Iraq, an Iraqi being detained in US custody was physically assaulted and threatened by a battalion commander (LTC11111, 64-5 bole--6" three enlisted Soldiers and an interpreter after the detainee refused to provide information. Case . 6 FOR OFFICIAL USE ONLY - LAW ENFORCEMENT SENSITIVE / ATTORNEY WORK PRODUCT All information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By law and regulation, it may not be disclosed to any person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command and the Office of The Jinil* 4 ) Vi. Advocate General, U.S. Army. ' • 300249 000006 , closed and referred to the command for appropriate action (0152-03-Cff)469). The enlisted b1e -S Soldiers received Article 15 punishment; LTC was relieved of his command and, after (124-5-¦ an Article 32 hearing, received nonjudicial purrs ment. He also submitted a request to retire from active duty. (11) On 31 Aug 03, at the Bn HQs, 1/36th Inf, 1st Armored Div, Baghdad, Iraq, an enlisted Soldier committed the offense of assault when he threatened to kill Iraqi detainees in US custody in an attempt to obtain information from them. Case closed and referred to the command for appropriate action (0129-03-CID899). Soldier received Field Grade Article 15. (12) On 1 Sep 03, at the Ammunition Collection Point, Baghdad, Iraq, enlisted Soldiers assaulted four Iraqi detainees who were in US custody. The four Iraqis, who were cuffed with their hands behind their backs, were kicked numerous times, then dragged from the detention area to another area where they were thrown against a wall and assaulted. Case closed and referred to the command for appropriate action (0117-03-CID899). One Soldier (SSG) was fried-by at a Summary Court-Martial and reduced to the grade of E-5. A second soldier (SPC) was convicted by a summary court-martial and sentenced to forfeitures and hard labor without confinement for 45 days. A third soldier (SFC) was convicted at a Summary Court-Martial and reduced to E-6. A fourth Soldier (SSG) was convicted at a Special Court-Martial and reduced to E-4 and given 30 days confinement. (13) On 8 Sep 03, at the Tikrit detention facility, an Iraqi detainee alleged he had been physically assaulted and struck repeatedly after being arrested by unknown 4th Inf Div Soldiers. Investigation continues (0174-03-CID469). (14) On 7 Oct 03, at the Abu Ghraib detention facility, three active duty male enlisted Soldiers assigned to Co A, 519th MI Bn, Ft Bragg, NC allegedly sexually assaulted and threatened a female Iraqi detainee. Investigation continues (0216-03-CID259). (15) On 31 Dec 03 during a "knock and search" operation, four Iraqi civilians were detained and guarded by an MP assigned to the 300 th MP Co. The MP allegedly "butt stroked" one of the individuals when he refused to stay quiet and placed the muzzle of his M-4 rifle in the mouth of another detainee and "dry fired." He then removed the muzzle, charged the weapon, and fired the weapon into the ground near that detainee. Investigation continues (0006-04­ , CID259). 7 FOR OFFICIAL USE ONLY — LAW ENFORCEMENT SENSITIVE / ATTORNEY WORK PRODUCT All information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By, law and regulation, it may not be disclosed to any person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command and the Office of The Judgn 0 On Advocate General, U.S. Army. Yr-, 1-1u (1 0 0:250 U00007 4. Discussion of Cases Investigated at Unit Level: (1) In April 2003, a CPT abused detainees on two separate occasions. On one occasion, he pointed a loaded M9 pistol at an Iraqi child and wondered aloud whether he should kill the child to send a message to other Iraqis. In another incident, when a detainee approached one of the CPT's men for medical help with his arm, the CPT asked the Iraqi if he wanted to have the other arm cut off. Officer reassigned to Fort Meade with charges preferred against him. (2) In Jul 03, several soldiers, including a SFC and a SSG, captured intruders into their outer perimeter. The detainees were stripped, beaten, and shocked with a blasting device. SFC found guilty at a Summary Court-Martial and sentenced to forfeiture of 2/3 pay for one month and restriction for 30 days from MWR facilities; SSG is pending a General Officer Article 15. (3) On 13 Jul 03, two PFCs negligently discharged a pistol wounding a detainee. Case awaiting unit disposition. 8 FOR OFFICIAL USE ONLY — LAW ENFORCEMENT SENSITIVE / ATTORNEY WORK PRODUCT All information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By law and regulation, it may not be disclosed to any, person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command and the Office of The Judze Advocate General, U.S. Army. fl 3(1291 ; (10:.51 0 US (4) On 25 July 2003, a CPT pointed a 9 mm weapon at two Iraqi citizens who were handcuffed and then struck a detainee on the back of the head with the weapon. The next day, he handcuffed two Iraqi children and threw rocks at them. On 28 July, he ordered his Soldiers to detain Iraqi citizens who took water that had fallen from U.S. trucks. The CPT then threatened all of the detainees, who were blindfolded, by pointing his weapon at one of them. Finally, he approached two blindfolded detainees and pulled on the knots of their scarves causing them to choke. Court-martial charges were preferred. The CPT has submitted a resignation for the good of the service; that action is pending approval by DA. (5) On 2 Aug 03, a SSG pointed a pistol at and punched a detainee during an interrogation. SSG received an administrative discharge in lieu of court-martial. A SGT was present and also struck the detainee received a Field Grade Article 15. (6) On 24 Sep 03, a SPC struck a detainee on the feet, back and buttocks with an MP baton. SPC received a Field Grade Article 15. (7) On 1 Oct 03, a CPT interrogated several detainees at gunpoint. He then fired the weapon six times to deflate the tires of the detainee's vehicle. Officer received a General Officer Article 15 resulting in forfeiture of 1/2 of one month's pay for 2 months and relieved for cause. (8) On 15 Oct 03, two Soldiers (SSG and SPC) assaulted a detainee who had attempted to escape from his cell. Another Soldier saw, but failed to report the incident. The SSG and SPC who assaulted the detainee received Field Grade Article 15s. The third Soldier (SPC) received a Summarized Article 15. (9) On 25 Oct 03, a SPC at the Abu Ghraib Prison slapped a detainee on the back of the head. SPC received a Field Grade Article 15 and reprimanded. (10) In Nov 03, two SPCs and a PFC entered a unit holding facility at night and assaulted three detainees, punching them repeatedly. Each soldier received a Field Grade Article 15. One SPC was reduced to E-3, forfeitures (suspended), and 45 days extra duty. The other SPC was reduced to E-3, forfeitures (suspended), and 45 days extra duty. The PFC was reduced to E-2, forfeitures (suspended), and 45 days extra duty. 9 FOR OFFICIAL USE ONLY — LAW ENFORCEMENT SENSITIVE / ATTORNEY WORK PRODUCT All information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By law and regulation, it may not be disclosed to any person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command and the Office of tfle5 ti rj Advocate General, U.S. Army. 500.-52 000009 (11) On 22 Nov 03, five Soldiers (MAJ, CPT, 2LT, 1SG, SSG) were involved in detainees receiving head trauma. All received written reprimands. Two other Soldiers (PFCs) who kicked or hit the detainees in the back of the head received Field Grade Article 15s. (12) On 10 Dec 03, an unknown Soldier fractureda detainee's jaw. The warrant officer operating the holding area received a General Officer letter of reprimand. (13) In Nov 03 and Dec 03, two detainees in Afghanistan made complaints to the ICRC of abuse at the outpost at Orgun-E. One detainee complained of being chained to a wall in a standing position for 10 days, kicked and beaten. A second detainee complained that he had been thrown from the back of a truck. AR 15-6 investigation continues. (14) On 2 Mar 2004, Soldiers detained three individuals suspected of firing RPGs during a coordinated lED attack on a 1-37 convoy. The detainees were tested for explosive residue and tested positive. The detainees were held for approximately five hours at the platoon level then transported to the Brigade Holding Facility. Upon being interviewed, the detainees complained of being beaten by the platoon members; visible bruises and cuts corroborated the story. An AR 15-6 investigation could not positively identify any_culprits as all members.of the_platoon_ denied abusing the detainees. Several Soldiers, however, reported that the injuries may have occurred when the vehicle in which the detainees were traveling stopped abruptly; physicians examining the detainees determined that the injuries were consistent with sudden vehicle stops and starts. No further investigation was conducted. (15) On 18 Jan 2004, US SF personnel detained a man believed to be the head of a terrorist cell responsible for attacks against coalition forces. The commander of the SF unit indicated that the detainee began to resist which necessitated force to detain him. The detainee was brought to a short term holding cell and then taken outside by SF personnel for interrogation. Other US personnel alleged that the detainee was physically abused during the interrogation; the detainee, however, did not report any medical conditions during the medical screening process. An AR 15-6 investigation was ordered by the Brigade Commander. The Brigade Commander ultimately determined that the allegations were false. (16) On 5 Feb 2003, a interrogator and counter-intelligence agent interrogated three detainees at Camp Bucca. During the interrogation, the Soldier struck one of the detainees in the face and back. The battalion commander initiated an AR 15-6 investigation. Based upon the results of the investigation, the Soldier was given an Article 15. 10 FOR OFFICIAL USE ONLY - LAW ENFORCEMENT SENSITIVE / ATTORNEY WORK PRODUCT MI information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By law and regulation, it may not be disclosed to any person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command and the Office of The Judge Advocate General, U.S. Army. n3 0293 600253 030010 CID Input Provided by: CW34111111WCIOP-COP/806-0296 APPROVED BY: COI TJAG Input Provided by: COLAIIIIIIDAJA-CLAIIIIIM 6 7C APPROVED BY: MG Romig 11 FOR OFFICIAL USE ONLY — LAW ENFORCEMENT SENSITIVE / ATTORNEY WORK PRODUCT All information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By law and regulation, it may not be disclosed to any person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command and the Office of The Judee Advocate General, U.S. Army. n31)294 G00254 000011 DOD-054967