Army Memo re: Interrogation Facilities Inspection Report - Findings and Recommendations

DEPARTMENT OF THE ARMY
HEADQUARTERS, 1ST CAVALRY DIVISION
CAMP VICTORY
APO, AE 09344

IIIPLY 70
ATTEMION OP

FNA-CG
MEMORANDUM FOR SEE DISTRIBUTION Ar-4--­
1.4-Xte"f
SUBJECT: Inspector General's Brigade and Division Interrogation Facilities Inspection. Report
of Findings and Recommendations
1.
The Inspector General, 1st Cavalry Division, conducted an inspection of our Brigade and Division Interrogation Facilities from 10 — 19 May 2004. The objectives of the inspection were rivofold: (1) to assess BIF and DEF operations' compliance and adherence to standards defined in the 1CD Apprehension and Detention SOP, version 5, and (2) to identify areas of non­compliance and systemic issues and recommend corrective measures.

2.
The inspection results are enclosed. Areas of concern were identified that require your

attention and action. Specifically, review your policies and guidance to ensure compliance withthe reconmiendations noted in the inspection report.
Encl
DISTRIBUTTON: Conunander,
BCT
2d BCT
3rd BCT
5th BCT
391 ESB
312th MI BN
545th MP CO

ACofS, G4 ACofS, G6 Provost Marshal StaffJudge Advocate
FOR 0 USE ONLY
Dissani is prohibited except as rized byAR 20-1.
att.& tits__
ETER W. CHIARELLI Major General, USA Commanding
This documan
information EXEMPT' FR MANDATORY the FOIL& Exemptions 5 6, 8c 7 apply.'
3742
DA IG

DEPARTMENT OF THE ARMY
HEADQUARTERS, 1ST CAVALRY DIVISION
APO, AE 09344

REPLY ,0
ATTEMTION OF

FIVA-IG (20-1) 1 June 2004
MEMORANDUM FOR COMMANDING GENERAL, 1st CAVALRY DIVISION
SUBJECT: Inspector General's Brigade and Division Interrogation Facilities Inspection Reportof Findings and Reconunendations
1.
PURPOSE. To provide the Commanding General (CG), 1 st Cavalry Division (1CD), a report of the Inspector General's findings and recommendation pertaining to the inspection of the Division's Brigade Interrogation Facilities (BIFs) and Division Interrogation Facility (DIF).

2.
REFERENCES (Encl 1).

3.
BACKGROUND.

a. On 30 April 04 during the morning Battle Update Brief (BUB), the CG, 1CD, directed the
staff to formulate and develop an inspection program of the 1CD BIFs and DIF in order to (I0T)
assess and ensure the facilities were in compliance with the Geneva Convention, Command
Directives, Fragmentary Orders (FRAG0s), Regulations, and Standard Operating Procedures

(SOPs).
b. Immediately following the BUB, the 1CD Chief of Staff (CofS), COL.
chaired a
meeting with the following individuals: LTC netal Division Staff Judge Advocate (SJA),
LTCMIDivision Provost Marshal (PM), LTC

Commander 312th Military
Intelligence (MI) Battalion (BN), and MAJ Division Inspector General (IG). The
aforementioned individuals discussed the inspection program to include staff lead, mission,
intent, and purpose.

c.
The CofS appointed the IG as staff lead for the inspection program. Further guidance issued by the CofS included briefing the CG, 1CD, no later than (NLT) 7 May 04 on the inspection program's mission, intent, concept of the operation, and concept of Support; continuing to refine the 1CD Apprehension and Detention (A&D) SOP; developing the inspection checklists; and beginning inspections NLT 10 May- 04.

d.
On 7 May 04, the IG presented the Brigade and Division Interrogation Facility Inspection

Program Concept Brief (Enck2) to the CG, 1CD. Personnel in attendance included the DivisionSJA, Division PM, SGMMER PM SGM, SFC
correction's specialist NCOIC,
FOR OFF IAL USE ONLY Dissemina is prohibited This docum ontains information except as orized by EXEMPT M MANDATORY AR 20-1 under the FOIA.
DISCLOS
Exemptio s 5, 6, & 7
apply .
DA IG
37A3

SUBJECT: Inspector General's Brigade and Division Interrogation Facilities Inspection Reportof Findings and Recommendations
Commander 312th MI BN, and MAJP-61 12th MI BN XO. The CG, 1CD, approved
Enclosure 2 and provided further guidance annotated below.

(1)
The inspection team is authorized to close any facility that is in violation of the Geneva Convention or violating basic human dignity. Such violations will be reported to the CG, 1CD, immediately. If a facility is closed, the detainees will be transferred to another facility..Less serious violations will be brought to the attention of the Brigade Combat Team (BCT) Commander for correction with a courtesy copy going to the CG, 1CD.

(2)
The team will not shirk in its responsibilities. Attention to detail is a must. Anything less than forthright and honest reporting should not and will not be tolerated.

(3)
If during the course of the inspection, primarily the sensing sessions with detainees, the team finds credible or preponderance of evidence pointing toward inhumane treatrnent, the information collected will be presented to the SJA for a legal review to see if the information warrants an immediate 15-6 investigation by an outside agency.

(4)
If violations occur, the team will dictate the corrective action with a suspense that will

be implemented. Failure to correct the violation by the suspense date necessitates notifying the
CG, 1CD.

e. On 8 May 04, the inspection team developed the following facility shut-down criteria for
incorporation into the 1CD A&D SOP.

(1)
Medical and Environmental.

(a)
Failure to provide sick call procedures and adequate medical care.

(b)
Failure to provide adequate meals and water for consumption.

(2)
Interrogation and Counter Resistance.

(a)
Use of stress positions (physical postures) without CG, 1CD, approval.

(b)
Use of loud music and light control to create fear or disorient the detainee without CG,

1CD, approval.
(c)
Use of the "Pride" and "Ego Down" approaches without CG, CJTF-7, approval.

(d)
Use of the "Incentives" approach without CG, CJTF-7, approval.

FOR OFF 110AL USE ONLY
2 This document ains information
Disseminat o is prohibited
1
EXEMPT FR MANDATORY
except as at t rized by
AR 20 -1. DISCLOS u der the FO1A.

Exemptions 5 6,apply . & 7
3744
DA IG

FIVA-IG SUBJECT: Inspector General's Brigade and Division Interrogation Facilities Inspection Report
of Findings and Recommendations
(3)
BIF and DIF Operations.

(a)
Failure of the guard force being briefed on the Rules for the Use of Force (RUF).

(b)
Failure to establish procedures to remove soldiers from duty for suspected cases of

mistreatment of detainees.
.
(4)
Evidence and Legal Process.

(a)
Failure to post CG, 1CD, policy letter stipulating treating detainees with dignity and

respect.
(b)
Serious violations and grave breaches of the Geneva Convention.

(c)
Any detainee incident involving death, broken bone, injury requiring inpatient medical care, forcible sodomy, sexual abuse, or degradation or humiliation that shocks the conscience.

f Chi 9 May 04, 1CD published (U) 1CD FRAGO 183 [PM TACTICAL ORDER
09MAY04] TO OPORD 03-52 [PEGASUS FREEDOM] which included the BIF and DIF
inspection program guidance to the Division.

g. Announced inspections began 10 May 04 and concluded 19 May 04.
4. METHODOLOGY.
a.
A two-phased inspection program consisting of a one-time, announced inspection for each
facility (Phase I) and monthly, recurring unannounced inspections of each facility (Phase II).

b.
The inspection team consisted of subject matter experts (SMEs) as well as a translator for
interviewing detainees. Inspection team (# (rank and name (Focus Area));

(1)2 x IG (MAJ
VANand IG Assistant NCO (Staff Lead))
(2) 1-2 x 31E (SFC oiXEIR7.
and SPC pg)(9) (BIF and DIF Operations))
It13X94V01
(3)
1 x G2X (CPT

(4)
1 x Clinician (MAJ

PlifleNeit (Interrogation and Counter Resistance))
AT026-(Medical and Environmental))
I,
al
FOR OFF 1AL USE ONLY Dissemina n is prohibited 3 This document.tains information
except as.orized byAR 20-1. EXEMPT FR MANDATORY D1SCLOS.nder the FO1A.
apply.Exemptions , 6, & 7
3745

DA IG
SUBJECT: Inspector General's Brigade and Division Interrogation Facilities Inspection Reportof Findings and Recommendations
(5)
1 x SJA (LTC ralor CPTP

Evidence and Legal Process))
(6)
1 x Translator (SFC

c.
Inspection team provided verbal feedback during the course of the inspections and Focus Area SMEs either provided a copy of their checklist results upon completion of the inspection or emailed their checklists results to their facility counterpart within twenty-four hours.

d.
IG collected all inspection results for collation, analysis, and production of this report.

5. SCOPE.
a.
The team inspected the Division's five BIFs (1BCT, 2BCT, 3BCT, 5BCT, and 39BCT)
and the DIF.

b.
Inspections are designed to be intrusive and last no more than three to four hours (average was three hours) consisting of a verbal in-brief, direct inspection of the facilities proper, direct observation of interrogation(s) (if scheduled), interviews with facility staff/personnel, interviews with detainees, document review, and a verbal out-brief

-
6. FENDINGS.
a. Objectives.
(1)
Assess BLF and DIF operations' compliance and adherence to standards defined in the1CD A&D SOP, version 5.

(2)
Identify areas of non-compliance and systemic issues and recorrunend corrective measures.

b.
Inspection Focus Areas (Staff Proponent).

(1)
Staff Lead (IG).

(2)
Medical and Environmental (Division Surgeon). Inspection included twenty checklist

items.
FOR OFFI AL USE ONLY Disseminat is prohibited except as a t orized by
AR 20-1
This document c ains information EXEMPT FR MANDATORY DISCLOS der the FOIA.
Exemptions , 6, & 7

apply .
DA IG
3746

SUBJECT: Inspector General's Brigade and Division Interrogation Facilities Inspection Report
of Findings and Recommendations
items. (3) Interrogation and Counter Resistance (G2X). Inspection included fifteen checklist
(4)
BIF and DIF Operations (PM). Inspection included sixty-nine checklist items.

(5)
Evidence and Legal Process (SJA). Inspection involved ten checklist items.

c.
Standard. 1CD Apprehension and Detention SOP, version 5.

d.
Inspection Results.

(1)
Medical and Environmental Findings. 6 of 6 facilities inspected did not violate shut­down criteria. 1 of 6 facilities inspected received all "GOs" on checklist items; however, no facility received less than 16 of 20 "GOs.'' Most conunon deficiency: 3 of 6 facilities failed to conduct medical screenings prior to release or transfer of their detainees. Detailed findings listed

in Enclosure 3.
(2) Interrogations and Counter Resistance Findings. 6 of 6 facilities inspected did not violate shut-down criteria. 4 of 6 facilities inspected received all "GOs" on checklist items and 1 of 6 received 14 of 15 "GOs." Most conunon deficiency: 2 of 6 facilities failed to have a copy of the 1CD Detainee Operations/Interrogation SOP on hand. Detailed findings listed in
Enclosure 4.
(3) BIF and DIF Operations Findings. 6 of 6 facilities inspected did not violate shut­down criteria. 0 of 6 facilities inspected received all "GOs" on checklist items. Most common
deficiency: 6 of 6 facilities were improperly running and controlling their evidence room.

Detailed findings listed in Enclosure 5.
(4) Evidence and Legal Process Findings. 6 of 6 facilities inspected did not violate shut­down criteria. 0 of 6 facilities inspected received all "GOs" on checklist items. Most common

deficiency: 6 of 6 facilities were failing to provide detainees receipts for their personal belongings confiscated during their apprehension. Detailed findings listed in Enclosure
6.
(5)
The IG, SJA, and DSS conducted interviews with detainees at all facilities except for 2BCT BIF. At all locations, detainees stated they were treated fairly and humanely. The detainees also stated they were receiving adequate food , water and medical treatment. All detainees interviewed stated they were unaware of why they had been detained. In regards to these allegations, the IG questioned the facility's COC to ascertain the validity of the allegations. In all instances, the detainees had been told why they had been apprehended and detained. There
1
FOR OFF IAL USE ONLY
5
Dissemina n is prohibited This docum contains information
except as AR 20 -1 orized by EXEM1PT OM MANDATORY DISCLOS under the FOIA.
Exempt apply. 5, 6, & 7
3747
DA IG

SUBJECT: Inspector General's Brigade and Division Interrogation Facilities Inspection Report
of Findings and Recommendations
was no credence or substantiation to the detainee's allegations. In a majority of the interviews, the detainees stated they disliked the way in which the apprehending unit treated them, specifically in regards to issues relating to cultural awareness, i.e. being made to lose face or stature in front of their families. During the course of the interviews, the team ascertained that in no instance did apprehending units ransack a household while loolcing for items of interest and or contraband. Several of the detainees wanted to be able to notify their families as to their
whereabouts and status.
7. RECOMMENDATIONS (Staff Lead).
a.
The CG, 1CD, approve these findings.

b.
The staff continue to revise the 1CD A&D SOP with monthly revisions. (PMO)

c.
The IG continue the BIF and UT inspection program and to provide feedback via a
monthly vvritten report to the CG, 1CD. (IG)

d.
The facilities fully implement the manning positions, permanent and temporary/rotational,

as outlined in the 1CD A&D SOP. (Unit)
f Each BIF and DIF establish a property book for all materials, i.e. restraint devices, cots,
mats, blankets, Korans, etc., at the facility in order to ensure proper accountability. (Unit)

g. All facilities must implement a grievance process for the detainees to be able to voice or
submit written complaints. The grievance process must be the same for each facility. A
translation of the process must be provided so that the detainees can

read and understand the
method of submittal for a grievance during their in-processing. The grievance process must be
included in the 1CD A&D SOP. (SJA)

h. All facilities must implement a reporting process for detainee mistreatment, abuse, or inhumane treatment. The reporting process must be the same for each facility. The reporting process must be available to both the guard force and the detainees. A translation of the process must be provided so that the detainees can read and understand during their in-processing the method of reporting allegations of mistreatznent, abuse, or inhumane treatment. The reporting
process must be included in the 1CD A&D SOP. (IG/Assist SJA)
FOR OF IAL USE ONLY
1t 14
Dissemina ' n is prohibited 6 This document c n ins information
except as AR 20 -1 orized by EXEMPT FRO ANDATORY DISCLOS1URE er the FOUL
Exemptions apply . 6, & 7
DA IG

3 7A 8

SUBJECT: Inspector General's Brigade and Division Interrogation Facilities Inspection Reportof Findings and Recommendations
i. Each facility must have its own SOP that reflects at a minimum the standards outlined in the 1CD A&D SOP and also includes the necessary details for the running of the facility. (Unit/
Assist PM0)
j. Batons should not be used by units until they have received the appropriate instructionfrom trained and qualified non-lethal instructors. 'The traininkmust be documented and on file atthe facili nit: Coordinate with SFC z"mcgigia**,
OW 1
; 8
k. Detainees must be fed three (3) meals a day. All facilities were providing enough caloric intake for their detainees; however, there is no need to only be feeding the detainees twice daily. Meals must include fresh fruit, juice, bread, and milk. When possible, provide "Halah" meals for the detainees. As a side note, detainees do not like to drink water from bottles where the writing is in English. Several incidents have been reported where detainees have refused to drink such water. To prevent possible detainee heat injuries, units should have an adequate
supply of "Arabic" water on hand. (Unit)
1. The 1CD A&D SOP must be revised to include a section on restraint devices, their use, and approval authority. (PMO/Assist SJA)
m.
The ICD A&D SOP must be revised to include a section on disciplinary procedures, their use, and approval authority. (PMO/Assist SJA)

n.
Each facility must coordinate with sFcrrAraze, -a,.IAA

44.-
o that he may in turn coordinate with the 38' MP DET (CID)
POC S )frteilbocom-A
1,,,a,k,:w-Xf.
for evidentiary procedures.
o. Each facility must have a video recorder available to document detainee self-abuse; any
necessary restraining, disciplining, or forced -cell removal/extractions; and evidentiary

procedures. Video taping will document that the minimum amount of force was used for each
incident. (G4/Assist G6)

p. Each BIF and DIF must have a personnel training program for new and recurring facility
training. (PM0)
q. Each facility must have a mandatory reading file on hand that includes daily, weekly, and monthly signatory information that must be read by all facility personnel prior to beginning shift. Daily infomiation should be limited in nature and be similar in form to III Corps "RED HASH" messages. For example, when a FRAGO is published that dictates a change to the current
11
FOR OF IAL USE ONLY
7 This documen ntains informationDissemin i n is prohibited
EXEMP1'
MANDATORY AR 20-1 DISCLOSU under the FOIA.
except as u orized by
Exemption 5, 6, & 7 apply .
37:49
DA IG
SUBJECT: Inspector General's Brigade and Division Interrogation Facilities Inspection Reportof Findings and Recommendations
standard, a BIF and DIF message would be generated that would need to be read by all facility personnel prior to their coming on shift. 'This will preclude an overlooking of issues by a facility. The overall reading file program must be Division driven. (PMO)
r.
Division Safety be included on the inspection team.

s.
Re-emphasize that NO battalion holding areas authorized without explicit approval fromthe CG, 1CD.

t.
The I CD A&D SOP must be revised to include the verbatim entry in Chapter IC, Release Procedures, "All recommendations from the staff to release a detainee must be reviewed and acted upon by the BCT Commander (or his designee) within 24 hours of the recommendation for release being sent to the BCT Commander." (SJA)

8. CONCLUSION. The inspection revealed there was a moderate level of compliance with the current 1CD A&D SOP existing at each BIF and DIP at the time of the inspection. However, rnany of the deficiencies noted during the inspection have already been reported as being corrected. 1CD is treating the detainees under its control with dignity and respect.
113#00,4Mr"
9. Point of contact for this inspection is MAJ
6 Encls 1-2. as
MAJ, IG
3. Medical and Environmental Inspector GeneralFindings
4.
Interrogation and Counter Resistance Findings

5.
B1F and DIF Operations Findings

6.
Evidence and Legal Process Findings

It
FOR OF I IAL USE ONLY
'This document c ains information
Dissemin i is prohibited
EXEMPT FRO MANDATORY
except as ut orized by
DISCLOSURE der the FOIA.
AR 20 - .
Exemptions apply. 6 , & 7 37;50
DA IG

References:
1.
(S//REL USA AND MCFI) CJTF-7 FRAGO 749 [INTELLIGENCE AND EVIDENCE-LED DETENTION OPERATIONS RELATING TO DETAINEES] TO CJTF-7 OPORTO 03-036
2.
(U) CJTF-7 FRAGO 455 (200415DJUL03) CLASSIFYING AND PROCESSING ENEMY PRISONERS OF WAR/DETAINED PERSONS/CIVILIAN INTERNEES]
3.
(U) CJTF-7 FRAGO 741 [RULES FOR THE USE OF FORCE (RUF) FOR DETENxTION .
FACILITIES] TO CJTF-7 OPORD 04-01
4.
(SHREL USA AND MCFI) 1CD FRAGO 167 [AM TACTICAL ORDER 04 MAY 04] TO
OPORD 03-52 [PEGASUS FREEDOM]
5.
(U) FM 34-52: INTELLIGENCE INTERROGATION

6.
(U) FM 100-5: US ARMY OPERATIONS

7.
(U) FM 27-10: THE LAW OF LAND WARFARE

8.

(U) AR 190-51: SECURITY OF UNCLASSIFIED ARMY PROPERTY (SENSITIVE AND
NONSENSITIVE)
9.
(U) AR 190-8/MCO 3461.1: ENEMY PRISONERS OF WAR, RETAINED PERSONNEL,CIVILIAN INTERNEES AND OTHER DETAINEES
10.
(U) AR 195-2: CRIMINAL INVESTIGATIVE ACTIVITIES

11.
(U) AR 381-10: US ARMY INTELLIGENCE ACTIVITIES

12.
(U) AR 3-19.40: INTERNMENT/RESETTLEMENT OPERATIONS

13.

(U) (S/NOFORN) CJTF-7 INTERROGATION AND COUNTER-RESISTANCE POLICY,
12 OCTOBER 2003
14.
(U) (FOUO) 1CD APPREHENSION AND DETENTION SOP Version 5.0

15.
(U) MANUAL FOR COURTS MARTIAL

li
/
I/OR OF IAL USE ONLY
Dissemina is prohibited This document c taini information except as a t orized by EXEMPT FR MANDATORY AR 20-1
DISCLOS der the FOIA
Exempt ion
ppl ies .
DA IG
3 7 51

Brief) to Inspector General's Brigade and Division Interrogation Facilities Inspection
Report of Findings and Recommendations

F01.10
BRIGADE AND DIVISION
INTERROGATION FACILITY
INSPECTION PROGRAM
CONCEPT BRIEF

4-1.1"1:

-"saki
rtter
• • '14.
7 MAY 2004
:111.0dq, ,
IFOUO
•

If
4141
1CD Develops Brigade and Division Interrogation
Facility Inspection Program IOT Ensure Compliance
with the Geneva Convention, Command Directives,
FRAGOs, Regulations, and SOPs.
INT4
•
Detention Operations in 1CD IAW Geneva Convention

•
Outside Agencies Perceive 1CD Detention Operations
to be IAW Geneva Convention

FOU0 * 77'
/MR OFI IAL USE ONLY
Dissemin ti n is prohibited 'This document ntaina information
except as u horized by EXEMPT FR MANDATORY
AR 2 0 -DISCLOS under the FOIA.
Exempt ion applies .
3752
DA IG
Brief) to Inspector General's Brigade and Division Interrogation Facilities InspectionReport of Findings and Recommendations
FOUO
To assess BIF and DIF operations' compliance with Geneva Convention, Command Directives, FRAGOs, Regulations, and SOPs
te.Pt 0
•
Two Phase Plan

•
Phase I — Announced Inspections

-10 — 31 May 04
-10-20 May, 2BCT, DIF, 3BCT
-21-31 May, 1BCT, 5BCT, 39 BDE

•
Phase II — Unannounced Inspections

-June — until redeployment
-Minimum once per month per facility

•
Inspection, 3-4 hours

-In-brief
-Inspection
-Collate inspection results
-
Out-brief OIC/NCOIC

-
Out-brief BCT CDR if applicable

FOU0 •Pgt: te'Sid.¦),O'Nkt
EOR OF I AL USE ONLY
Dissemin This document
is prohibited tains information except as rized by EXEMPT FR MANDATORY AR 20-DISCLOS
nder the FOIA. Exemption 5 applies.
2
373
DA IG
Enclosure 2 (Brigade and Division Interrogation Facility Inspection Program Concept
Brief) to Inspector General's Brigade and Division Interrogation Facilities Inspection

Report of Findings and Recommendations
FOU0
heo
• Inspection Team
-IG (1-2)
-PM0 (1-2)
-G2 (1-2)
5-6 vehicle convoy
-DSS (1)
-SJA (1)
-CAT II Linguists (2)
• Inspection team members will rotate quarterly to
prevent over-familiarization with process

FOUO
4440t#4404.i!;.*:„
FOLIO
• Direct inspection of 131Fs and DIF
-Facility
-Interrogation(s)
• Interviews
-Facility OIC/NCOIC
-Detainees (Sensing Session)
FOU0
8OR OF
1AL USE ONLY Dissemin is prohibited This document cont information
except as orized by EXEMPT FROM DATORYAR 20-1. DISCLOSURE un the FO1A.Exemption 5 lies.
3
37:54
DA IG
Brief) to Inspector General's Brigade and Division Interrogation Facilities InspectionReport of Findings and Recommendations
FOUO
41.
• Document review
-Facility SOP
-CPA Apprehension Form
-DA Form 4137 (Evidence/Property Custody Document) -
DD Form 515 (Roster of Prisoners)
-
DD Form 2708 (Receipt for Inmate or Detained Person)

-
DD Form 2745 (Capture Tag)

-SF 600 (Medical Evaluation)
-Environmental Science Officer (ESO) Inspection Checklist
FOUO •
40*i.00.iiiiii4;414F471'
•
Focus Areas will remain the same for Phases I and II.
Focus Area 1: Medical and Environmental
Focus Area 2: Interrogation and Counter Resistance
Focus Area 3: DCF/BIF Operations
Focus Area 4: Evidence and Legal Process
POUO . •lif0F; 14*-..rd**1710
110R 0 IAL USE ONLY
Dissemin except as AR 20 -1 n is prohibited orized by This document EXEMPT FR DISCLOSUR ntains information MANDATORY nder the FOIA.
Exemption applies.
4 3%55
DAIG

• Orders
-(S//REL USA and MCFI) CJTF-7 FRAGO 749 [Intelligence And Evidence-led Detention Operations Relating To Detainees] To CJTF-7 OPORD 03-036
-
(U) CJTF-7 FRAGO 455 (200415DJUL03) Classifying And Processing Enemy Prisoners Of War/Detained Persons/Civilian Internees]

-
(U) CJTF-7 FRAGO 741 [Rules for the Use of Force (RUF) for Detention Facilities] to CJTF-7 OPORD 04-01

-(S//REL USA and MCFI) 1CD FRAGO 167 [AM Tactical Order 04 MAY 04] To OPORD 03-52 [PEGASUS FREEDOM]
• Doctrine
-
FM 34-52: Intelligence Interrogation

-
FM 100-5: US Army Operations

-
FM 27-10: The Law of Land Warfare

FOUO
FOUO

• International/Military Law
-Geneva-Hague Conventions
-Manual for Courts Martial
• Army Regulations
-190-51: Security of Unclassified Army Property (Sensitive and Nonsensitive) -
190-8/MCO 3461.1: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees -
195-2: Criminal Investigative Activities
-381-10: US Army Intelligence Activities
-3-19.40: Internment/Resettlement Operations
.
FOUO 1. 01—
"d"edak 10
5OR OFF AL USE ONLY
Dissemin is prohibited ibis document o tains information except as orized by EXEMPT MANDATORY AR 2 0 -DISCLOSU
nder the FOIA. Exempt io applies .
37156
DA IG
POMO
• Memoranda - (S/NOFORN) CJTF-7 Interrogation and
Counter-Resistance Policy, 12 October 2003
• SOP — 1CD Apprehension and Detention SOP
pprove inspection concept and methodology
Continue to refine inspection methodology based upon findings
Monthly IPRs to on findings and inspection progress
f
..:7,,w,,,,Eidness•
lit..idi• ,iyr
FOU0 12
EOR OF IAL USE ONLY
This document tains information
Dissemi t n is prohibited
EXEMPT' FR MANDATORY
except a a thorized by
DISCLOSUR der the FOIA.
AR 20- .
Exemption pplies.
6
3 7 7
P
DA IG
Enclosure 3 (Medical and Environmental Findings) to Inspector General's Brigade and
Division Interrogation Facilities Inspection Report of Findings and Recommendations
1. Findings. 6 of 6 facilities inspected did not violate shut-down criteria.
1 of 6 facilitiesinspected received all "GOs" on checklist items; however, no facility received less than 16 of
20 "GOs."
2. Objectives.
a.
Assess BIF and DIF operations' compliance and adherence to standards defined in the1CD A&D SOP, version 5.

b.
Identify areas of non-compliance and systemic issues and reconunend corrective measures.

3.
Standard. 1CD Apprehension and Detention SOP, version 5.

4.
Inspection Results.

a.
The current facility does not provide for sufficient latrines for the detainees. The latrine at the facility did not have a door and the guard force could observe detainees using the latrine.

b.
The current facility does not provide for sufficient shower facilities for the detainees. In
conjunction with the insufficient shower facilities, the water storage tank used to provide the
water for the shower was inadequate (capacity too small).

c.
The detainees were sharing one bar of soap that was being kept at the single shower point.

d.
Some medication that is being administered is not being taken. Inspectors found four
Tylenol tablets in a detainee's bed.

e.
Detainees are not being screened prior to being transferred or released. This is because there are no medical personnel working full time at the facility.

g.
Facility should attempt to provide fresh fruit, juices, and milk for the detainees'

h.
The initial medical screening form is not being reviewed by a certified health care

E Insufficient hygiene items being provided for the detainee population.
consumption.
provider.
ItOR OFFICI USE ONLY Dissemination rohibited This document c iris information except as auth ed by EXEMPT FRO ANDATORY
AR 20 1. DISCLOSURE er the FOIA.
-
Exemption plies.
DA IG

Enclosure 4 (Interrogation and Counter Resistance Findings) to Inspector General's
Brigade and Division Interrogation Facilities Inspection Report of Findings and
Recommendations
1. Findings. Interrogations and Counter Resistance Findings.
6 of 6 facilities inspected did notviolate shut-down criteria.
4 of 6 facilities inspected received all "GOs" on checklist items and
1 of 6 received 14 of 15 "GOs." Most conunon deficiency: 2 of 6 facilities failed to have a copy
of the 1CD Detainee Operations/Interrogation SOP on hand .

2. Objectives.
a. Assess BIF and DIF operations' compliance and adherence to standards defined in the
1CD A&D SOP, version 5.
b. Identify areas of non-compliance and systemic issues and recommend corrective measures.
3.
Standard. 1CD Apprehension and Detention SOP, version 5.

4.
Inspection Results.

a. Swom statements provided by the capturing unit need to reflect why the specific
individual detained was detained. Often, one blanket sworn statement sigmed by two separate
individual is used for everyone who was detained during the raid. .This meets the intent of
having two sworn statements; however, it does not allow for the specificity needed for the
interrogators to perform their jobs, nor does it allow for the specificity needed for future .

prosecution efforts if necessary.
b.
FM 34-52, Intelligence Interrogation, was not on file at the facility.

c.
A copy of the 1CD Detainee Operations/Interrogation SOP was not on file at the facility.

d.
Interrogators were able to recite the Brigade PIRs from memory.

e.
Interrogators kept very comprehensive SIR records.

f.
Interrogators lcnew which interrogation techniques required CG, 1CD, and CG, CJTF-7,
approval from memory.

g.
Policy letters and SOPs were sigmed by the interrogators. Although this is not necessary, such policy helps reinforce understanding and compliance.

ILOR OFF L USE ONLY Dissemina is prohibited Rii Min's information
This document except as a rized by EXEMPT FR MANDATORY AR 20-1 D1SCLOSU
der the FO1A. Exemption applies.
3789
DA IG
1. Findings.
6 of 6 facilities inspected did not violate shut-dovvn criteria. 0 of 6 facilities inspected received all "GOs" on checklist items. 6 of 6 facilities were improperly running and controlling their evidence room.
2. Objectives.
a.
Assess BIF and DIF operations' compliance and adherence to standards defined in the
1CD A&D SOP, version 5.

b.
Identify areas of non-compliance and systemic issues and recommend corrective measures.

3.
Standard. 1CD Apprehension and Detention SOP, version 5.

4.
Inspection Results.

tOR OFF AL USE ONLY
This document ftains information
Dissemina is prohibited
EXEMPT FR MANDATORY
except as orized by
DISCLOS nder the FOIA.
AR 20-1
Exempt ion 5 applies .
1
3T60
DA IG
DOD-038314
Enclosure 5 (BIF and DIF Operations Findings) to Inspector General's Brigade and Division Interrogation Facilities Inspection Report of Findings and Recommendations
1:t EOR OFF AL USE ONLY Dissemin ic is prohibited except as orized by AR 20 - This document EXEMPT FR DISCLOS Exemptio tains information MANDATORY nder the FOIA. applies.
2
DA IG

1. Findings. 6 of 6 facilities inSpected did not violate shut-down criteria. 0 of 6 facilities inspected received all "GOs" on checklist items. Most common deficiency: 6 of 6 facilities were failing to provide detainees receipts for their personal belongings confiscated during their
apprehension.
2. Objectives.
a.
Assess BIF and DIF operations' compliance and adherence to standards defined in the
1CD A&D SOP, version 5.

b.
Identify areas of non-compliance and systemic issues and recommend corrective measures.

3.
Standard. 1CD Apprehension and Detention SOP, version 5.

4.
Inspection Results.

a.
The facility does not have a secure evidence room or a building that can safeguard the
evidence collected by Coalition Forces.

b.
An evidence custodian per shift has not been identified. Several personnel have access tothe evidence wall locker.

c.
All evidence is not stored at the facility.

d.
Detainees are not given a receipt for their personal property.

e.
Copies of the RUF not posted for the guards or interrogators.

f.
There were no "No Photography" signs posted anywhere on the premises.

g.
The guard force has not been trained on the Geneva Convention or RUF.

h.
The facility has a secure evidence room that is neatly organized with shelving and lidded

containers for evidence.
i.
An evidence custodian per shift has been appointed; however, more than one person per shift has access to the evidence room.

j.
There were no copies of the Geneva Convention available for detainees or guards.

It
IOR OFFI I L USE ONLY
This document ihs informationDisseminati n s prohibited
EXEMPT FR MANDATORY
except as a rized by
AR 20-1. DISCLOSU der the FOIA.

Exemption ppliee.
1
DA IG