This document is a memo to file for the Criminal Investigation Division to establish interim policy concerning the Forwarding of Original Case Files Pertaining to Detainee Abuse/Death Investigations. The memo direct that “Upon closure of any CID Action (non-Report of Investigation (ROI)), any “Unfounded” CD ROI, or any CID ROI with an “Unknown Subject” pertaining to allegations of the abuse of detained persons by U.S. military and contracted personnel or the death of a detained person, the original case file, including any Agent's Notes, will be forwarded to Director, U.S. Army Crime Records Center."
DEPARTMENT OF THE ARMY
U. S. ARMY CRIMINAL INVESTIGATION COMMAND
6010 GnI STREET FORT BELVOIR, VIRGINIA 22060-5506
REPLY TO
ATTENTION OF
4 August 2004CIOP-COP-POO
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Operational Memorandum 006-04, Forwarding of Original Case Files Pertaining to Detaine6 Abuse/Death Investigations
1. References:
a.
Army Regulation 25-400-2, The Army Records Information Management System (ARMIS), 18 Mar 03
b. CR) Regulation 195-' , Criminal Investigation Operational Procedures, 15 Jun 04.
c.
AR 190-8, Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees, 1 October 1997
2. The investigations concerning the abuse of detained persons by U.S. military and civilian contracted personnel and the deaths of detained persons while in U.S. custody have generated significant Department of Defense, Congressional, and international attention. Several Congressional and Department of Defense task forces and commissions have been created to review divergent aspects of detainee operations as well as investigations conducted by the USACIDC. It is expected this scrutiny and oversight will continue for the foreseeable future.
CD
.
3. Upon closure of any CID Action (non-Report of Investigation (ROI)), any Unfounded
ROI, or any CID ROI with an Unknown Subject pertaining to allegations of the abuse of detained persons by U.S. military and contracted personnel or the death of a detained person, the original case file, including any Agent's Notes, will be forwarded to Director, U.S. Army Crime Records Center, ATTN: CICR-CR, 6010 6 th Street, Fort Belvoir, VA 22060-5506, where it will be
retained. A copy of the case file should be retained by the CID element JAW the above references.
4. Upon the transmittal of the Final ROI of any CR) ROI with a Known Subject pertaining to
allegations of the abuse of detained persons by U.S. Military and contracted personnel or the
death of a detained person, a copy of the case file, including any Agent's Notes, will be
forwarded to Director, U.S. Army Crime Records Center, ATTN: CICR-CR, 6010 6 th Street, Fort
Belvoir, VA 22060-5506. The original of the case file will be retained by the CID element until
the closure of the ROI. Once the ROI is closed (completion of adjudication of all subjects in CD
. or Administrative Action Taken
ROIs and receipt of all Commander's Report of Disciplinary
(DA Form 4833)), the original case file, including any Agent's Notes, will be forwarded to
Director, U.S. Army Crime Records Center, ATTN: CICR-CR, 6010 6 th Street, Fort Belvoir, VA
Printed on ® Recycled Paper
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DODDOACID 009366
CIOP-COP-PO Operational Memorandum 006-04, Forwarding of Original Case Files Pertaining to Detainee Abuse/Death Investigations
22060-5506, where it will be retained. A copy of the case file should be retained by the CID element IAW the above references.
5.
Further, the original case file, including any Agent's Notes, of all previously closed CID Actions concerning allegations of the abuse of detained persons by U.S. military and contracted personnel or the death of a detained person will be forwarded immediately to Director, U.S. Army Crime Records Center, ATTN: CICR-CR, 6010 6 th Street, Fort Belvoir, VA 22060-5506, where it will be retained. A copy of the case file should be retained by the OD element IAW the above references.
6.
For the purposes of this requirement, a "detained person" 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. "Abuse" includes, but is not limited to, punitive articles of the Uniform Code of Military Justice and/or similar provisions of Title 18, US Code.
.
7.
The POC for HQUSACIDC Policy Branch is CW3 O they Tasker 056-04),
DSN 656111.11.11111111, or e-mail: 111.1111111,belvoir.annv.mil. kX.p —1
FOR THE COMMANDER:
Colonel, GS Deputy Chief of Staff, G-3
Distribution: A
UUU002
DODDOACID 009367