Army Memo re: Judge Advocate Report on Detainee Abuses by Taskforce Ironhorse Soldiers

STAFF JUDGE ADVOCATE Documents provided by the 4th Infantry Division SJA 020472 CS3 AFYB-SJA 12 MAY 2004 MEMORANDUM FOR IG, 4th Infantry Division, Fort Hood Texas 76544 SUBJECT: Detainee Abuse by Taskforce Ironhorse Soldiers as Reported to CJTF-7 1. This report contains information on alleged detainee abuse by soldiers assigned to the Taskforce Ironhorse. a. On or about 8 Se tember 2003, an Iraqi man, was .00)((o) detained by the He alleges that immediately (6)(4) .2-after his arrest he was blip o e an taken to a jail cell somewhere in the North Tikrit area. He aIle es that American soldiers in civilian dress and an Iraqi interpreter named it him repeatedly for two hours. He claims that they (1)(42 )k4 struck him all over his body but primarily his stomach using their fists and that at one point a rope was put around his neck and he was choked almost to the point of blacking out. He reported that he had blood in his urine and stool. He refused medical treatment but also reported he was feeling better. CID investigated the alleged abuse and obtained a written statement. However, while his statement emphasizes the event occurred, he refused to provide any details saying he was pending release and did not want to cooperate any further in the investigation. A brigade-level inquiry concluded that the description of the assailants did not bAY-f match an 1st Brigade Combat Team personnel or Iraqi interpreter named No information on soldiers because no soldiers were identified. CID conducted an investigation (Report # 0174-03-CID469-60225) and was not able to identify any solider suspects. b. On 11 September 2003, SPC was performing guard (6)(G) 7--duty at the FOB Packhorse detention aci rty. A detainee (b)te) was being held in an isolation cell in flexi cuffs. SPC as standing (b)(6)) in the hallway of the isolation cell when he saw the detainee move toward the wire. He was informed that detainees were not to go near the concertina wire. SPC111111111111fired his weapon stating that he saw the detainee with his (0)((0)2. hands near the wire. First aid was administered and he was taken to the aid station. He died of a gunshot wound to his abdomen. On 7 October, PC 1.1111111Was charged with one violation of Article 119, UCMJ, Lh)(G) 7-- Manslaughter. He submitted a Chapter 10 request, which was granted on 12 November 2003. SPC had no specialized training in handling U)((,) -2-- detainees. He was acting in a law enforcement capacity as a guard in the isolation cell. c. On 13 July 2003, PFC and PFC (OM through simple negligence, discharged a 9mm pistol in the B Co, 3-67 AR BN 020473 detainee holding facility. The round struck an Iraqi civilian detainee wounding him in the lower back. No UCMJ action was taken against the soldiers. 4ID is gathering additional information on the soldiers' background in the States. d. On 13 August 2003, a 56 year-old male detainee died in the 4th MP detention facility. The detainee was provided with food, water and medical treatment. The detainee was complaining of his stomach and nose hurting, and of the heat. The detainee died after receiving CPR, IV, defibrillation of 200-300­360 joules, epinephrine, lidocaine and repeat defibrillation of 360 joules. No autopsy was performed and no cause of death determined. No abuse by American forces. e. Two detainees, an 0'46)4 were apprehended on 22 November 2003. After apprehension, t e etainees sustained trauma to the head. Not all injuries were a direct result of the apprehension. ustained one o•his injuries when he (6)(G) Lf grabbed CPT eapon. His other injury happened when PFAU., (i o)((o )-- Thicked him in the back of the head while the unit was transporting him to (bx( 0 ) -1,- (OM the detention facility. as injured when PFCIIIMIE(6)ti2) -a_ c h v-zaillastruck him in the back of the hea when the unit was transporting him to the detention facility. One injury to hat could not be 001(,)Lf accounted for was a cut on his lip. PFC and PFC! 09N/6)Z lantreceived field grade Article 15 punishment. ((0)(6) -L. f. On 20 August 2003, approximately five soldiers accompanied LTC11111, (L)(() 7--Commarider TF 2/20, to the Gunner Holding Area to interrogate a detainee, ((o)(6)4 1111111111.11111.11, During the interrogation, the soldiers hit the detainee when he was not forthcoming with information. Specifically, they admitted they punched him with a closed fist in the stomach and torso, and one soldier punched him on the side of the head. Each of the soldiers (SFC SSG SPCaliffig.SPC nd PFC , received field grade Article 15 punishment. LTC as present during the interrogation when the soldiers were punching the detainee and threatened the detainee that he would kill him. When the interrogation did not reveal the information the group was seeking, LTC gartook the detainee aiR outside to the nearest clearing barrel and after shoo ing a warning shot, placed 000) 7-- his 9mm weapon near the detainee's head and fired off a round. LTIMIrvas relieved from command and later charged with three violations of Article 128, UCMJ and one violation of Article 134, UCMJ for communicating a threat. The charges were investigated at an Article 32(b) hearing. The Investigairmifficer recommended Article 15 punishment. On 12 December 2003, LTC received a general officer Article 15. The incident was investigated by CID, Report # 0152-03-CID469-602125C1A/5C2/5T1. g. On or about 15 October 2003, three soldiers from A/3-29 guarding the Gunner Holding Area found a detainee trying to escape from his cell by 020474 squeezing between the bars. A fourth soldier reported to his chain of command that at least two of the three soldiers mistreated the detainee (SSG and SPC aminar by throwing a water bottle at him, hitting near im with a hat rack in an effort to scare him, and hitting him once in the stomach. The third soldier, SPC4111112., saw the incident, but did not report it. Some level of force was required to restrain the detainee from 0,52-P escaping, but the chain of command decided during a commander's inquiry that ( ON the above acts exceeded the authorized level of force. SSG ) was given a field grade Art 15 for his active participation, SPC was iven a field grade Art 15 for his active participation, and SPC was given summarized Art 15 for not reporting the actions that he witnessed. This unit is now back with their parent unit, 3 BCT/4ID, and the complete adjudicated file is with the A/3-29 commander. h. On 24 September 2003, at FOB Ironhorse, SPC/inia trained interrogator with 104th Military Intelligence Battalion (MI BN), DISCOM, hit the bottom of a detainee's feet, back and buttocks with an MP baton. The detainee was not seriously inured, but did complain of discomfort to his back and buttocks ( am 0,,A) z_ for two days. SPC as also present during the incident and was the interpreter for the interrogation. The incident was investigated under the provisions of AR 15-6. SPC received field grade article 15 punishment, and SP eceived a summarized article 15 for being present and failing to reportl!iIFIRoldiers were relieved of interrogation duties. 4ID is gathering additional information on the soldiers' background. (100 r i. On 2 August 2003, SSGINIMMWD Battery, 319th AFAR, was at the 00.)-(0 )"-Taza.poilaastatimi_when two Iraqis were brought in to be questioned about RPG attacks. While SSG antwas interrogating one of the detainees (bX 09)11111111111111W pointed a pistol at him. During the interrogation SSGb CO WI' punched the detainee several times in the stomach, head area, face and nose. The detainee had a cut over his right eye that required stitches and a broken nose. This incident occurred the same day that the unit lost a soldier in an RPG attack. On 9 October 2003, SSGaillras charged with four violations of Article 128, UCMJ. The soldier submitted a Chapter 10 request, which was 6)(6) Z. granted on 23 October 2003. SGT rwho was present and also hit the detainee, received field grade rtic e punis ment. j. On 7-8 February 2004, a 61 year-old detainee died (6)(G) while in detention at the Detention Central Collection Facility FOB Ironhorse, Iraq. Preliminary investigation by CID disclosed that Mr. as found about(Vok4 0640 hours on 8 February 2004 unres onsive in his be during the morning head count procedures. SS of the 4th Military Police Company (6)((,) -L, found him in a state of rigor mortis and without vital. signs. He was last seen alive about 2000 hours, the night before (7 February 2004). His remains were transported first to the Mortuary Affairs center at Camp Speicher and later on to 020475 the Mortuary Affairs section at BIAP. CID Report # — 0025-04-CID469-79635/5H9B. (?) (Criminal Investigation conducted by CID) k. On 28 February 2004, members of the 1-27th Infantry Battalion conducted a cordon and search in Taal Al Jal, Iraq. At a TCP, set up during the search, a platoon was instructed to detain local nationals in their vicinity. SGT (NFI) latoon member, attempted to detain an Iraqi in a nearby field. Wh1Tee SGT attempted to place flexi-cuffs on the Iraqi, he began to resist. PFC a member of the platoon, raised his weapon in Th e ig cover position to protec the sergeant. SGTMENvvas able to complete the cuffing process and was moving the detainee away when PFC elieved the Iraqi was lunging at SGT—PF responded to the perceived threat by firing one round from his weapon which struck the detainee in the head and killed him. PFC.in his statement to CID, said that he believed that the Iraqi was still resisting being cuffed and that he fired his weapon intending to kill the Iraqi. PFC/Milirceived ROE training, the extent of which is unknown. CID is still investigating. CID Report # 004-04-01D469-79638-5HIA. Note: Soldier is now assigned to Taskforce Danger and 1 st ID. I. On 3 January 2004, at approximately 2245 hours, two male Iraqis, WNW , (0)((,),( and. were stopped at an ICDC c ec point in the city of Samarra. They were warned that curfew was about to begin (230Q hours) but were released when they informed the ICDC detail that they were close to home and would make it in time. They drove off. A short distance from the ICDC checkpoint, members of 1 st platOon, A company, 1/8 th infantry regiment stopped the two Iraqis, requested identification and questioned them. One of the Iraqis allegedly provided a false identification. They were released but then stopped again. Mr.allitnd Mr. ageNere then taken into(1))(6) Lf custody, their hands were zip tied behind their back and they were placed in a Bradley fighting vehicle. The Bradley was driven to a nearby bridge over the Tigris River. Members of the platoon, SGT SPCMINIEW and SPC , were then instructe b the platoon eader, 1LT iffa,. (0(6)2 amand the atoon sergeant, SFC to push the detainees into the river. SPC refused to take part in it and instead stood guard. SGT ordered the zip ties removed and he and SP pushed Mr. andallirto the river. They then returned to their vehicle and continued their patrolling duties. Mr.aw allegedly could not swim and subsequently drowned. Mr. made it safely to the riverbank, climbed out and reported the incident to the ICD soldiers soldiers who had stopped him earlier. When the family of the drowning victim reported the incident to American authorities members of the platoon denied they had pushed Mr.Mand Mr. into the river. They were instructed by their chain of command to deny the incident and to not cooperate with CID investigators. The chain of command implicated in the obstruction of justice charge are the battalion commander, LTC/Mr OCG) Z­ ama the battalion executive officer, MAJ 1/11/11/111., and the 020476 company commander, CPT 1 LT -,on several occasio s, also instructed members of the platoon to deny any wrongdoing. MAJ , in a sworn statement, denied that he instructed anyone to lie. After the CID investigation, LT and MA .' received a reprimand under Article 15, UCMJ. The actions were filed in their restricted fiche. CPT eceived a .eneral officer memorandum of reprimand. SGT SPC and SPCA received field grade Article 15 punishment. 1 T and SFC are pending court-martial charges. CID Report 0011-04-CID469-79630. 2. POC this report is MAJ 87-111111, ~NNW LTC, JA Staff Judge Advocate 020477