The purpose of the memo was to provide information regarding alleged detainee abuse by Soldiers at the Samarra Bridge in Iraq on January 3, 2004, in which two Iraqis were stopped near a checkpoint in Samarra. After being taken into custody they were pushed into the river and soldiers left. One Iraqi drowned. Discusses disposition and that two soldiers who face charges for involuntary manslaughter.
INFORMATION PAPER
1111111. (6)(0 -a/
15 July 2004_
7(6\,6
SUBJECT: Samarra Bridge Incident — 4 th Inf. Div. (Mech)
1.
Purpose: To provide information regarding alleged detainee abuse by 4 th ID Soldiers at the
Samarra Bridge in Iraq on 3 January 2004.
2.
Alleged Facts:
a. On 3 January 2004, at 2245 hours, two male Iraqis, Mr. 11111 and Mr. _, were 63)(0 TCX
--ii69 stopped at a checkpoint in the city of Samarra, Iraq. They were warned that curfew was about to begin (2300 hours) but were released when they indicated they were close to home and would
m._n time. The drove off but were sto ed a short distance from the checkpoint by
Soldiers fro_
4th ID(M), who requested identification. Thepatrol initially questioned Mr. _'s identification, then released both individuals, but shortly(14)-- 4)5 )_ y thereafter stopped them again. Both Iraqis were then taken into custody and placed into a Bradley fighting vehicle, their hands zip-tied behind their backs.
lplatoon, SGT_SPC_and SPC_were instructed by the platoon leader, ( 14)C.)-
b. The Bradleydrove to a neacili•ridge over the Tigris River. Three members of the
--"r4)(31--1LT_to push the detainees into the river (1LT_and the platoon sergeant, SFC04)-S-414-,(0--
ha made statements earlier in the evening that "someone was going to get wet tonight"(6)(0-5 1(3)41
-
)-.
and "someone is going for a swim"). SPC Illirefused to take art and instead stood guard. (140-s
-C6-lie) -5
.LO-SGT_ordered the zip ties removed and he pushed Mr._nto the river while SPC
pushed Mr._nto the river. They then returned to their vehicle and returned to
their Forward Operating Base.
040-Xt6rc
c. Mr._
could not swim and drowned. Mr. almade it safely to the riverbankt)y61-CA, I They climbed out and lad the incident to the ICDC soldiers who had stopped him earlier. searched for Mr._but could not find him. The body was recovered by the farnilyR6)
-%6X7X6 -`1
approximately 12 days later and buried. When the family of the drowning victim reported the incidaii U.S. forces, members of the platoon initially denied they had pushed Mr. 11111,41)\16) -W-iic)--4Mr.
into the river. During a subsequitiiraph examination, one of the Soldiers I) -ro,Nc
y-)9
indicated that the chain of command (LTC _, Battalion Commander and MAJ._10,;(*)-s•
Battalion XO, and CPT_Company Cdr.) had instructed the Soldiers to deny that, 6)X0 they pushed the Iraqis into the river and to not cooperate with CID investigators. _(-6X-(WLY-760-7
3. Disposition of Offenses:
a. Obstruction of Justice by the Chain of Command: The 4 th ID(M) CG, MG Odierno,punished LTC_and MM_under Article 15, UCMJ. They received written (l)) -5-0k)-Y
re rimands restricted fiche filing). LTC _was not relieved of command. CPT (((,). -SlOXV—S-received a general officer memorandum of reprimand for obstruction of justice(b)(o_sg
b Aro,ty
(local filing). All these actions were taken in theatel 01_ ,
DOD 006759
b. Death/Assault involving Iraqis_
(1) ILT11111 and SFC 1are pending court-martial charges for involuntary (C,P -S76,1-.6)-c manslaughter (Article 119); assault (Article 128), false official statement (Article 107); conspiracy to obstruct justice and cons irac to commit assault (Article 81), and obstruction of justice (Article 134). In addition, SFC _is charged with assaulting another Iraqi in early (6-)(„)-kixe,)_s
Dec 03 when he ordered soldiers to throw an unknown Iraqi civilian into the Tigris River in Balad. Charges were preferred against 1LT _and SFC ingon 8 Jun 04- (14.)---576,X-C__,s---
(2) SGT_ is pending court-martial chariiiinvoluntary manslaughter (ArticicC0(0-SAL-K6. 119) and false official statement (Article 107). SPC _is pending court-martial charges for assault (Article 128) and false official statement (Article 107). Charges against SGT
and SPC amwere preferred on 28 Jun 04. (tko
c. Case Status. A joint Article 32 hearing has been delayed at the request of the defense and is now scheduled for 28 — 29 July 2004 at Fort Carson, CO. The Article 32 hearing will be open to the public and press. Although the Article 32 will be held at Fort Carson (the location of the accused Soldiers), 4th ID will exercise UCMJ jurisdiction over these cases as appropriate.
4. Review: The FORSCOM SJA has indicated that, following the Article 32 hearing, a review will be conducted by FORSCOM, III Corps, or 4 th ID(M) as to the appropriateness of the punishments previously given to the chain of command.
Prepared by 11111111111111111.111111111.11111
Approved by MG Marchand
8102
DOD 006760