Army Talking Points re: Responding to Allegations of Detainee Abuse

Describes investigation into alleged misconduct by an officer. Allegations include assault and threatening to kill a detainee. The officer was removed from command and subject to Article 32 investigation and hearing.

Non-legal Memo
Friday, April 29, 2005

Talking Points — LTC igig bYq
C\k--•k0,1:1-VS LTC Illiwas assigned as a Battalion Commander of 2-20 FA Battalion, 4th Infantry Division Field Artillery. _,--
When allegations of wrongdoing arise, they are carefully investigated. In this case, the actions of LTC inwere investigated by the Army's Criminal Investigation Division (CID). Army Commanders take appropriate action in cases of misconduct at the lowest level, consistent with good order and discipline. Available options for dealing with alleged miscondu i include a wide-range of administrative and
disciplinary measures.C -1
--C/04,71.6) -1-C' c-C °- V ' ' '-
C\3-/C L\o In this case, as an administrative matt , the investigations were re ewed by the 4 th Infantry Division Commander M dinario, and the CJTF-7 mmander, LTG Sanchez to determine if LTCCshould remain in comman of 2-20 FA. It was should be removed
the recommendation of the 4 th ID Commander that LTCCfrom command. LTG Sanchez approved that recommendation. These are difficult decisions made after great consideration. They are best made by field commanders who are intimately familiar with military operations and the mission in Iraq. CAS.---/(A-11gYS (\-Cfc‘,11700-S Based on the alleged mi onduct, a battalion ommander in theUM preferred ch ges against LTCCegarding three specification of assault by LTCCand one count of threatening to kill the Iraqi detainee.
The charges initiate a military justice process. Ce process is outlined in the Uniform Code of Military Justice, a federal tute passed by Congress and . They do not mean that the ultimate outcome o he case will be a court-martial trial. In
has directed a pre-trial
this case, theC
investigation under Article 32, UCMJ. The rticle 32 hearing will be open to
members of the media and public. LTCCnd his counsel will be able to call

witnesses, cross-examine any accusers and pres t other evidence in the hearing.
-V03)(1)(-C)-C The Article 32 Investigating officer, a LTC line officer, will make a recommendation after hearing all the evidence, including facts in mitigation and extenuation. After
reviewing the Investigating officer's report, the C dismiss the charges, take alternate action, or recommen s a court-mar 'al to his next superior.
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