This fragmentation order to CJTF-7 concerns detainee detention operations. The order consolidates prior detainee orders and guidance and controls detention and processing of all civilian internees and enemy prisoners of war. This copy does not contain the 10 attachments listed on the last page.
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COPY OF COPIES
-HQ;-CJTF-i
CAMP VICTORY, IRAQ
242320
ROUTINE
(S//REL USA and MCFI) ~ 749 (zNTELL:iGENCE-·JiND· 'EVfii'ERCiif~tift;-j)j;j'm'E
IUS//REL TO USA and MCFI)THIS FRAGO RAS BEEN REVIEWED AND APPROVED FOR RELEASE
BY COL RADCLIFFE, CJTF-7 CHOPS.
liiSli/l/iRi:ERAL>± tToNOs ·,U.lStAi\ :at.nAd5r ~!M>!CGE'"'I!) I!o-\-9ot1iiilT..AilliN¢I!Ir:rU:·/ '-.~..- iE·· I,·I ..'.i..i i.l..i iiei·i··"· A·· N·P .· · i·\ i· t·o ~C..i.:.:.'.- ·' t.i..!. :p-"p.. )·!··I·. T·m ~~--- --:-O· N
(U) REFEP.ENCES:
A. IU) V CORPS (US) FRAGO 006M TO V COP.PS OPORD 0303-343 (190200ZMAR03)
DIP.ECTING V CORPS PROCEDURES FOR HANDLING TilE DETENTION OF IRAQIS IN
INTERNMENT FACILITIES AND DETENTION CENTERS.
B. (0) V CORPS (US) FRAGO 312M TO V CORPS (US) OPORD FINAL VICTORY
(252l46DMAY03) GUIDANCE ON TACTICS, TECHNIQUES AND PROCEDURE$ DESIGNED TO
IMPROVE THE PRESERVATION OF EVIDENCE OF CRIMES COMMITTED BY CIVILIANS
DETAINED AND TRANSPORTED·TO·DETENTION FACILITIES,
C. (U) CJTF-7 FRAGO 368 (141028ZJUN03) GUIDANCE FOR THE DETENTION, HANDLING
AND RELEASE OF INDIVIDUALS WHO ARE POTENTIALLY SUBJECT TO PROSECUTION FOR
WAR CRIMJ!;S.
D .. (S/ /REL TO USA and MCFI) CJTF-7 FRAGO 209 (282021DJON03) CRIMINAL
INVESTIGATIONS ISO FINAL VICTORY, DETENTION FACILITY OPERATIONS, EPW,
CRIMINAL DETAINEES AND SECURITY INTERNEE STATUS DETERMINATIONS, AND
HANDLING· OF SUSPECTED WAR CRIMINALS.
\
\:.
F.
(S//REL TO USA and MCFI) CJTF-7 FRAGO 415 (l5l950DJUL03) PRESERVATION AND
COLLECTION OF EVIDENCE, DETENTION OPERATIONS, AND RELEASE PROCEDURES FOR
DETAINI>ES .
(S//REL TO USA and MCFI) CJTF-7 FRAGO 519 (272249DJUL03) CHANGE l TO
FRAGO 4l5 PRESERVATION AND ·coLLECTION OF EVIDENCE, DETENTION OPERATIONS,
AND RELEASE PROCEDURES FOR DETAINEES.
G. IS//REL TO USA and MCFI) CJTF-7 iRAGO 103 12ll!OODJUN03) lAO CONVOY AND
BAGHDAD CRIMINAL COURT SECURITY SUPPORT.
H. (U) Cri..CC FRAGO SOl TO COM!'LCC OPORD 03-032 i2HSOOZMR03), GproANCE FOR
THE RELEASE AND REPATRIATION OF EPW. I
I. (U) US ARMY REGULATION 190-6, ENEMY PRISONERS OF WAR, RETAINED PERSONNEL,
CIVILIAN INTERNEES AND. OTHER DETAINEES, l OCT 97.
J. ( U) OS ARMY REGULATION 195,2, CRIMINAL INVESTIGATION ACTIVITIES, 30 OCT
85.
TO USA and MCF!I/X4
00382
~"1'1-\
JAPPR?VED FOR RELEASE DATE: 06sSG~LfrO us and MCFii/X4
K, (0) DIRECTIVE FROM U.S. SECARMX, 15 APR 03, AUTHORIZING THE U,S, ARM~
CRIMINAL INVESTIGATION COMMAND TO EXERCISE ALL INVESTIGATIVE
RESPONSIBILITIES RELATING TO WAR CRIMES AND OTHER RELATED OFF~NSES.
L .. !U) U.S. DEPARTMENT OF ARMY SIGNAL 030053ZMAY03 CSA EXORD FOR WAR CRIMES
AND RELATED INVESTIGATIONS.
M. (U) CJ'TF-7 FRAGO 455 (200415DJ'OL03) CLASSIFYING AND PROCESSING ENEMY
PRISONERS OF WAR/DETAINED PERSONS/CIVILIAN INTERNEES)
\
(U) MAPS: (NO CHANGE]
(U) TIME ZONE USED THROOGHOU.T THIS ORDER: DELTA
(U) TASK ORGI\NIZJ>TION: ·[NO CHANGE)
l. (U) SITUATION. [CHANGE] RErERENCES A THROUGH FARE RESCINDED. THIS ORDER
CONSOLIDATES PRIOR DETAINEE ORDERS AND GUIDANCE AND CONTROLS DETENTION AND
PROCESSING OF ALL CIVILIAN INTERNEES (SECURITY INTERNEES AND CRIMINAL DETAINEES)
AND ENEMY PRISONERS OF WAR (EPWS) . A FLOWCHART DESCRIBING DETENTION PROCEDURES
IS ENCLOSED AT ATTACHMENT A.
l.A. (S//REL TO USA and MCFI) ONDER THE GENEVA CONVENTIONS 1949, THE HAGOE
REGULATIONS 1907 AND UN SECURITY COONCIL REGULATION 1483, COALITION FORCES ARE
AOTHORIZED TO DETAIN CIVILIANS IN ORDER TO ASSIST IN THE RESTORATION OF SECORITY
AND STABILITY IN IRAQ.
l.B. (S//REL TO USA and MCFI) CAPTURING UNITS WILL NOT DETAIN PERSONS UNLESS
THERE IS A REASONABLE BELIEF THAT THE PERSON IS OR WAS ENGAGED IN CRIMINAL
ACTIVITY; POSSESSES INFORMATION IMPORTANT TO, OR INTERFERES WIT!!, COALITION
MISSION ACCOMPLISHMENT; IS ON A LIST OF PERSONS WANTED FOR QUESTIONING, ARREST
OR DETENTION BY COALITION FORCES; OR IS AN ENEMY COMBATANT.
1.\C.' (US//REL TO OSA and MCFI) DEFINniONS.
•l.C.l. (U) CIVILIAN INTERNEE (CI): A PERSON WHO IS INTERNED DORING ARMED
' CONFLICT OR OCCUPATION IF HE/SHE IS CONSIDERED A SECURITY RISK, NEEDS PROTECTION
OR HAS COMMITTED AN OFFENSE (INSURGENT OR CRIMINAL) AGAINST THE DETAINING POWER.
A CIVILIAN INTERNEE IS PROTECTED ACCORDING TO GENEVA CONVENTION IV (PROTECTION
OF CIVILIAN PERSONS IN TIME OF WAR).
l.C ••. (U) CRIMINl>L DETAINEE (CO): A PERSON DETAINED BECAUSE HE/SHE IS
REASONABLY SUSPECTED Of HAVING COMMITTED A CRIME AGAINST. IRA('II NATIONl>LS OR
IRAQI PROPERTY OR A CRIME NOT RELATED TO THE COALITION FORCE MISSION.
l.C.3. (0) SECURITY INTERNEE (SI): A CIVILIAN INTERNED DURING CO~LICT OR
OCCUPATION FOR THEIR OWN PROTECTION OR BECAUSE. THEY POSE A THREAT TO THE
SECURITY OF COALITION FoRCES, ITS MISSION, OR ARE OF INTELLIGENCE VALUE. THIS
INCLUDES PERSONS DETAINED FOR COMMITTING OFFENSES (INCLUDING ATTEMPTS) AGAINST
COALITION FORCES (OR PREVIOUS COALITION FORCES) MEMBERS OF THE PROVISIONAL
GOVERNMENT, NGOS, STATg INFRASTRUCTURE OR ANY PERSON ACCUSED OF COMMITTING WAR
CRIMES OR CRIME'S AGAINST HUMANITY, CERTAIN SECURITY INTERNEES MAY ALSO BE
00383
G-'i'i -~
lARPROVED FOR RELEASE DATE: 06_~e'F-3?~and MCFI/tX4
CLASSIFIED AS A HIGH VALUE DETAINEE (HVD) . S£CORITY INTERNEE:S AR.E A SUBSET OF
CIVILIAN INTERNEES.
l.C.4. (U) HVDS: HVDS ARE SECURITY INTERNEES OF SIGNIFICANT INTELLIGENCE OR
POLITICAL VALUE. ·UNITS WILL BE INFORMED BY C2 CJTF-7 OF THE IDENTITY OF SUCH
INDIVIDUAl,S.
l.C.S. (0) ENEMY PRISONER OF WAR (EPW): A MEMBER OF ARMED OR UNIFORMED SECURITY
fORCES THAT CONFORM TO THE REQUIREMENTS OF ARTICLE 4, GENEVA CONVENTION RI':LAT!NG
TO TREATMENT OF PRISONERS OF WAR.
l.C.6. (U) CRIMINAL INVESTIGATION DIVISION (CID) HOLD: A DIRECTIVE TO HOLD AND
NOT RELEASE A DETAINEE/INTERNEE IN THE CUSTODY OF COALITION FORCE:S, ISSUED BY A
MEMBER OR AGE: NT OF THE U.S. Al\MY CRIMINAL INVI!:STIGATION DIVISION.
l.C.7. (U) MILITARY INTELLIGENCE (MI) HOLD: A DIRECTIVE TO HOLD AND NOT RELEASE
A DETAINEE/INTERNEE IN THE Cl.lSTODY OF COALITION FORCES, ISSUED BY A MEMBE:R OR
AGENT OF A U.S. MILITARY INTELLIGENCE ORGANIZATION.
l.C.B. 10) CArTURING UNIT: THE CAPTURING UNIT IS THE COALITION UNIT THAT
CAPTURES CIVILIANS OR EPWS. .
l.C.B.A. (U) DETAINING UNIT: THE DETAINING UNIT IS THE COALITION UNIT THAT
D~TAINS CIVILIANS OR EPWS.
l.C.9. (U) DETENTION REVIEW AUTHORITY: THE JAG OR LEGAL OFFICER HOLDING THE
1\UTHORITY TO REVIEW DETENTION CASES AND WHO, IN DEFINED CIRCUMSTANCES, MAY
RELEASE OR AUTHENTICATE AND ORDER FURTHER DETENTION. DETENTION REVIEW
AUTHORITIES'ARE IDENTIFIED AT ATTACHMI':NT B.
l.C.lO (U) REVIEW AND APPEAL SOARD: A SOARD APPOINTED BY THIS ORDER, COMPRISED
OF THE CJTF-7 C2, COMMANDER BOOffi MP BRIGADE, AND CJTF-7 STAFF JUDGE ADVOCATE.
THE REVIEW AND APPEAL BOARD ACTS ON RECOMMENDATIONS FOR RELEASE OF SECURITY
!NT~RNEES, 1\RTICLE 78 APPEALS, AND PERIODIC 6-MONTH DETENTION REVIEWS .
. \l.t.ll (U) CRIMINAL DETAINEE REVIEW BOARD: A BOARD APPOINTED BY THIS ORDER,
', COM;'RISED OF THE COMMANDER BOO"' MP BRIGADE AND S.JA SOC'" MP BRIGADE AUTHORIZED TO
., 'RELi:ASE FROM DETENTION OR REFER CRIMINAL DETAINEES TO IRAQI COURTS.
l. C.l2. (U) REAS.ONABLE BELIEF: UNDER THE CIRCUMSTANCES THAT EXIST AT THE TIME,
THERE ARE SUFFICIENT FACTS UPON WHICH A REASONABLE PERSON WOULD RELY TO CONCLUDE
THAT A CRIME HAS BEEN COMMITTED OR IS BEING COMMITTED AND THAT THE PERSON TO BE
DETAINED HAS COMMITTED, IS COMMITTING, OR IS AIDING ANOTHER TO COMMIT AN
OFFENSE.
l.C.l3. (U) SERIOUS CRIME: FOR THE PURPOSE OF DETENTION, IS ANY CRIME CONSIDERED
TO BE PUNISHABLE BY MORE THAN FIVE ¥EARS IMPRISONMENT ONDER THE I~I CRIMINAL
COO!: 1969. THE DEFINITION INCLUDES, BUT IS NOT LIMITED TO MURDER/ RAPE, ARMED
ROBBERY, KIDNAPPING, ABDUCTION, STATE INFRASTROCTOR~ SABOTAGE, CAR-JACKING,
ASSAULT CAUSING BODILY HARM, ARSON, D~STROCTION OF PROPERTY OR THEFT WITH A
VALUE IN EXCESS OF FIVE HUNDRED U.S. DOLLARS, OR CONSPIRACY, SOLICITATION,
ACTING AS AN ACCOMPLICE OR ATTEMPTING TO COMMIT ONE OF THESE OFFENCES.
l.C.l4. (U) MINOR CRIME: A CRIMINAL OFFENSE THAT IS NOT A SERIOUS CRIME ..
SEC~MCFI//X4
cnxmt~:~
&'1'1-3
(
VV.._j-'.._/...i...V..L~
PPROVED FOR RELEASE DATE: 06-
· ..... /
l.C.l5. {Ul INTERNMENT-FACILITY {IF): FACILITY DESIGNATED BY COALITION FOR LONG
TERM DETENTION, INCLUDING EPW OPERATIONS, INDUCTION, CIVILIAN INTERNEES AND POST
TRIAL INTERNHENT DESIGNATED BY COMMANDER· BOO'" MILITARY· POLICE BRIGADE to. S.) .
l.C.16. {U) COALITION HOLDING FACILITY (CHF): FACILITY DESIGNATED AS THE CENTRAL
COLLECTION FACILITY THROUGH WHICH ALL DETAINEES/INTERNEES SHOULD.BE INDUCTED
BEFORE TRANSFER TO ANOTHER INTERNMENT FACILITY OR RELEASE.
l.C.l7. {U) SPECIAL CONFINEMENT FACILITY: FACILITY DESIGNATED BY THE COALITION
FOR THE DETENTION OF HVDS.
l.C.lB. (U) HOLDING AREAS AND TEMPORARY DETENTION FACILITIES: ALL OTHER
DETENTION AREAS NOT DESIGNATED AS AN INTERNMENT FACILITY, SPECIAL CONFINEMENT
FACILITY OR COALITION HOLDING FACILITY.
l.C.l9. (U) INDUCTION: THE PROCMS BY WHICH A DE:TAINEE OR INTERNEE IS RECEIVED
INTO THE COALITION HOLDING FACILITY OR INTERNMENT INTO AN INTERNMENT FACILITY.
l.C.20. (U) CONDITIONAL RELEASE: RELEASE OF A CIVILIAN INTERNEE SUBJECT TO
CONDITIONS INTENDED TO SECURE THE PRESENCE OF THE PERSON FOR COALITION FORCE
PURPOSES, OR TRIAL.
_l.C.21 (U) PAROLE: RELEASE OF AN EPW DURING ARHED CONFLICT UNDER CONDITIONS
ESTABLISHED IN A PAROLE AGREEMENT.
l.C.22. (0) WAR CRIME: ANY VIOLATION OF THE LAW OF WAR IS A WAR CRIME AS DEFINED
UNDER INTERNATIONAL LAW.
l.C.23. (U) CRIME AGAINST HUMANITY/ATROCITY: A BREACH OF HUMANITARIAN LAW THAT
IS AN INHUMANE ACT COMMITTED AGAINST ANY PERSON.
2. (U) MISSION. [C!IANGS:]
2 .f'\ (U) IT IS THE RESPONSIBILITY OF COALITION FORCES TO ENSURE INVESTIGATION OF
·,\ALL cRIMES, AND PRESERVE EVIDJi:NCE 'f'O SUPPORT CRIMINAL OR OTHER PROSECUTION. THIS
, .,MEANS THAT IN ORDER _TO ASSIST THE FUNCTIONING OF THE CRIMINAL JUDICIAL SYSTtM,
., AND ESTABLISH THE RULE OF LAW IN IRAQ, COALITION UNITS ARE REQUIRED TO IDENTIFY
AND 1\,ECORD THE NAMES AND ADDRESSES OF WITNESSES, PREStRVE EVIDENCE: AND' ENSURE
THAT T!MELY AND ACCURATE INFORMATION CONCERNING CRIMINAL DETAINEES AND SECURITY
INTERNEES IS REPORTED TO DETENTION FACILITIES IN ACCORDANCE WITH THIS ORDER.
ONCE DETAINED OR INTERNtD BY COALITION FORCES, PERSONS SHALL BE TREATED IN
ACCORDANCE WITH INTERNATIONAL AND HUMANITARIAN LAW.·
3. (U) EXECUTION. [CHANGiil]
3.A. (U) COMMANDER'S INTENT [NO cHANGE]
3.B. (U) CONCEPT OF THE OPERATION. [NO CHANGE]
3.C. (U) TASKS TO SUBORDINATE UNITS. [CHANGE]
SECRET//R~CFI//X4
.,
•
G- '-11..( - L
. /
and MCFI//X4
3.C.l.C. (U) ALL
BY A DETENTION REVIEW AUTHORITY NOT L~TER THAN 72 HOURS FROM THE TIME OF
INDUCTION. IF THE DETENTION REVIEW AUTHORITY DETERMINES THAT FURTHER DETENTION
IS NOT WARRANTED FOR MINOR CRIMES, THEN THE. DETA..INEE MAY BE RELEASED. FOR THOSE
CRIMINAL DETAINEES THAT RAVE APPEARED BEFORE AN IRAQI !NVEST!GA.TIVE JUDGE, NO
ADDITIONAL COALITION REVIEW IS NECESSARY.
3.C.l.D (U) THE DETENTION REVIEW AUTHORITY (DRA) SHALL DETERMINE STATUS .(I.E.·
EPW, SECURITY INTERNEE OR CRIMINAL DETAINEE). IF EPW STATUS IS IN DOUBT, THE ORA
WILL REFER THE DETAINEE TO. AN ARTICLE 5 TRIBUNAL. DETENTION REVIEW AUTHORITIES
ARE STAFF JODGE ADVOCATE/LEGAL OFFICERS LISTED AT ATTACHMENT B .. CJTF~7 C2 WILL
CLASSIFY WHICH SECURITY INTERNEES ARE HVD.
3.C.l.E (U) T~E ORA STANDARD OF REVIEW FOR CRIMINAL DETAINEES IS PROBABLE CAUSE
THAT THE DETAINEE COMMITTED A CRIME. THE DRA IS THE RELEASE AUTHORITY FOR MINOR
CR~MES. FOR SERIOUS CRIMES, RECOMMENDATIONS FOR RELEASE SHALL B~ FORWARDED TO
. 1 C~MMANDER, SOO'" · MP BRIGADE (OS) WHO WILL LIAISE WITH COMMANDER 3"" MP GROUP
1 1 (CID) (US) AND CONVENE A CRIMINAL DETAINEE RELEASE BOARD WITH CJTF-7 STAFF JUDGE
I \ ADVOCATE (SJA) .
. ,
3.C.l.F. (0) IN THE CASE OF SECURITY INTERNEES, THE ORA SHALL PREPARE AN
AUTHENTICATED ORDER OF INTERNMENT IN ALL CASES WHERE THE REVIEWING AUTHORITY
ORDERS CONTINUED DETENTION. 7HE INTERNMENT ORDER WILL STATE THE REASONS FOR
CONTINUED DETENTION AND ANY APPELLATE RIGHTS. THESE ORDERS SHALL BE MAINTAINED
IN THE DETAINEE'S DETENTION FILE. THE DETENTION REVIEW AUTHORITY MAY MAKE
RECOMMENDATIONS TO THE REVIEW AND APPEAL BOARD REGARDING THE RELEASE OF A
SECURITY DETAINEE.
3.C.l.G; (U) COALITION UNITS BE PREPARED TO (BPT) PROVIDE TRANSP9RTATION AND
SECURITY NECESSARY TO ENSURE THAT COALITION-HELD CRIMINAL DETAINEES APPEAR
BEFORE IRAQI COURTS. COALITION UNITS CONTINUE TO MAINTAIN LIAISON WITH IRAQI
CRIMINAL COURTS, AND IN CONJUNCTION WITH SERVICING STAFF JUDGE ADVOCATES/LEGAL
OfFICERS, IRAQI COURT INVES~IGATORS, AND POLICE, DEVELOP CASE FIL&S AND
APPROPRIATE DATA SHEETS ON EACH DETAINEE FACING IRAQI COURT PROSECUTIONS .
G-'1'1-5
3.C.l.H. (U) COALITION UNITS: ESTABLISH COLLECTION POINTS FOR SECURITY
INTERNEES, CRIMINAL DETAINEES AND EPWS.
3.C.l.I. (0) ALL COALITION UNITS ARE TO IMMEDIATELY NOTIFY SUPPORTING MILITARY
POLICE UNITS AND U.S. ARMY CRIMINAL INVESTIGATION DIVISION COMMAND OF ANY
INCIDENTS RESULTING IN THE DEATH OR SERIOUS INJURY TO COALITION MEMBERS.
3.C.l.J (U) ALL COALITION UNITS WILL DIRECT FAMILY MEMBERS SEEKING INFORMATION
ON DETAINEES TO THE NEAREST CIVIL AFFAIRS OPERATIONS CENTER (CMOC) OR EQUIVALENT
UNIT. .
3.C.l.K. (0) IMMEDIATELY REPORT TO CJTF-7 C3 AND CJTF-7 PROVOST MARSHAL THROUGH
THE CHAIN OF COMMAND, ALL H~DS AND NON-IRAQIS (THrRD COUN~RY NATIONALS) THAT ARE·
DETAINED. NOTIFICATION TO THE COALITION PROVISIONAL AUTHORITY (CPA) MINISTRY OF
FOREIGN AFFAIRS WILL BE MADE BY CJTF-7. REQUESTS FOR RELEASE OF THIRD COUNTRY
NATIONALS SHALL BE FORWARDED TO THE CJTF-7 REVIEW AND APPEALS BOARD.
3. C. 2 • ( S / /REL TO USA and MCFl) BOO'" MP BOil: '(iiEij :
. \ -
\ 1 3.C.2.C. (O) INFORM WITHIN ·n· HOURS OF INDUCTION, PERSONS DETAINED ONLY AS
' 'CRIMINAL DETAINEES OF THE BASIS OF THE DETENTION AND THE RIGHT TO REMAIN SILENT.
' CRIMINAL DETAINEES SHOULD BE AFFORDED REASONABLE ACCESS TO COUNSEL PRIOR TO
TRIAL", CRIMINAL DETAINEES SHOULD BE SEPARATii:D WHEN FEASIBLE BASED UPON THE
FO~LOWING CATEGORIES: MINOR CRIMES, SERIOUS CRIMES, GENDER, JUVENILES, AND POSTCONVICTION
CONFINEMENT. AS SOON. AS FEASIBLE, WOMEN AND JUVENILES WILL SE
TRANSFERRED TO SEPARATE LOCAL DETENTION FACILITIES TO AWAIT COURT PROCEEDINGS
SECRET//REL TO USA MCFI//X4
i
i
C05951614
f\PPROVED FOR RELEASE DATE: 06-S!PRBJ1/BE~ ro u
. ~-·
3;C,2.F. (U) PROVIDE SECURITY INTERNEES W4TH A WRITTEN COPY OF THE AUTHENTICATED
INTERNMENT ORD~R AND A WRITT~N NOTICE OF RIGHT TO APPEAL IN A LANGUAGE THE
INTERNEE.UNDERSTANDS, ADVISING OF THE RIGHT TO APPEAL THE INTERNMENT ORDER, AND
THAT THE ORDER WILL BE REVIEW~D IN 6 MONTHS. IN THE. CASE OF FURTHER INTERNMENT
ORDERS, INTERNMENT SHALL BE REVIEWED EVERY 6 MONTHS THEREAFTER. PROCEDURES FOR
APPEALS AND PERIODIC REVIEWS (6 MONTH) SHALL BE ESTABLISHED BY COMMANDER Soor'
BDE (OS) IN CONFORMANCE WITH PARA 5-lG OF 0. S. ARMY "'"' nmT~,. ·' 0 ~
3.C.2.H. (0) If NOT PREVIOUSLY ESTABLISHED, CREATE FIELDS IN CRIMINAL DATABASE
THAT SHOWS OTHER HOLDS ON DETAINEE/INTERNEE, .
3.C.2.I. (U) ENSURE DETAINEE/INTERNEE DATABASE CONTAINS COALITION DETAINEE
IDENTIFICATION NUMBERS THAT CAN BE CROSS-REFERENCED TO U.S. DETAINEE ID NUMBERS
IN COALITION APPREKENSION AND TRANSFER SITUATIONS
t£\PPROVED FOR RELEASE DATE:
•.
3.C.2.P. (U) FORWARD REQUIREMENTS OF THIS FRAGO TO ALL DETENTION/INTERNMENT
FACILITIES UNDER ITS COMMAND AND CONTROL.
3.C.2.Q. (U) CONDUCT UNIT TRAINING ON GRADUATED FORCE AND STANDARDS OF CONDUCT
OF MILITARY POLICE AND COORDINATE TAAINING WITH COALITION MILITARY. POLICE UNITS
TO ENSURE THAT TRAINING IS CONSI.STENT THROUGH THE CJ'!'F-7 AOR.
3.C.2.R. (U) ENSURE EVIDENCE/PROPERTY ROOMS ARE SET UP AND ORGANIZED AT EACH
DETENTION FACILITY AND THAT ADDITIONAL ROOMS ARE PROVIDED FOR IRAQI JUDGES AND
INVESTIGATORS WHEN WORKING AT THE DETENTION FACILITY.
· 3.f.\2. S. (U) PROVIDE FAMILY AND ATTORNEY VISITATION FACILITIES
\DETAINEES AND AFFORD REASONABLE VISITATION OPPORTUNI'l'U:S.
FOR CRIMINAL
\ I
SEC~ and MCFI//X4
00389
C05951614
P,PROVED FOR RELEASE DATE: 06- SA and MCFI//X4
3.0.6. (U) CRIMINI\L DETAINEES IN ctJSTOD'i ONL'i f'OR 1\LLEGED IRAQI ON IRAQI' CRIMES,
AND NOT SUBJECT TO AN MI OR CID HOLD, SHALL BE RELEASED If' ORDERED BY AN IRAQI
COURT OF COMPETENT JURISDICTION, OR IF RELEASE IS ORDERED BY THE IRAnT·
OF JUSTICE.
:Til vllSA and MCFII/X4
00390
1...-U....J:JJJ..UJ..Lf
!APPROVED FOR RELEASE DATE:
SECRET/IRE USA and MCFI//X4
1/',PPROVED FOR RELEASE DATE: 06-;:)el:-zu·rB' ·USA and MCFII/X4
\
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3.0.12.0. (UI ALL COALITION OFFICERS ARE HERESY AUTHORIZED TO TAKE SWORN
STATEMENTS ONDER THE ON! FORM COPE or MILITARY JUSTICE ART . .136 rop. THESE
FUP.POSES. PRIOR TO CONDUCTING THE OATH TO THE WITNESS, THE OIC SHOULD CLOSELY
REVIEW THE WRITTEN STATEMENT. THE OIC SHOULD ASK APPROPRIATE FOLLOW UP
QUESTIONS IN WRITING ON THE FORM If THE INFORMATION FROVIDED BY THE WITNESS IS
INCOMPLETE, CONFUSING, OR CONTRADICTORY. COMMISSIONED OFFICERS WHO ARE IN THE
CHAIN OF COMMAND OF THE CAPTURING UNIT MAY ADMINISTER OATHS FOR WITNES~
STATEMENTS (DA FORM 28231 •
S.D.l2.H. (U) IF POSSIBLE, THE DETAINEE/INTERNEE SHOULD REVIEW THE,
EVIDENCE/PROPERTY DOCUMENT (PA FORM 4137) AT ATTACHMENT G WITH Tfl'E HELP OF A
TI
DETAINEES WILL JlE INITI·ALLY INFORMED OF THEIR RIGHT ONCE THE DETAINEE IS
INDUCTED INTO A DETENTION FACILITY. THIS RIGHT DOES NbT ATTACH TO SECURITY
INTERNEES, HVD'S OR EP~S WHO SHOULD BE TACTICALLY INTERROGATED WHEN APPREHENDED
USA and MCFI/IX4
G-Lt'1 -II
CU~'::J~l614
PPROVED FOR RELEASE DATE: 06- A and MCFI//X4
' ' .,
TO COLECT INFORMATION NECESSARY FOR FORCE PROTECTION AND/OR LOCTION OF
ACCOMPLICES AND OTHER HOSTILE FORCES. 'WHERE PRACTICABLE, RIGHTS WILL BE READ IN
THE DETAINEE'S NATIVE LANGUAGE. ANY WRITTEN 'STATEMENT THAT REFERS TO OR DETAILS
A DETAINEE'S TESTIMONY SHOULD EXPLICITLY STATE THAT THE DETAINEE WAS INFORMED OF
THE RIGHT TO AGAINST SELF-INCRIMINATION AND THE RIGHT WAS SPECIFICALLY WAXVED,
OR THAT THE STATEMENT WAS VOLUNTARILY MADE AND NOT IN RESPONSE TO ANY DIRECT
QUESTIONS. IF THE STATEMENT IS MADE TO A TRANSLATOR THE TRANSLATOR SHOULn
PROVIDE THE WRITTEN STAT~M~N~
SA and MCFII/X4
Q\PPROVED FOR RELEASE DATE: 06-~AandMCFI//X4
3.0.19. (U) COALITION HOLDING FACILITY (CHFl OPERATIONS
3.D.l9.A. (0) ALL DETAINEES AND INTERNEES WILL BE TREATED WITH DIGNITY AND
RESPECT FOR THEIR PERSONS AND PROPERTY. UNITS RESPONSIBLE FOR
DETENTION/INTERNMENT OPERATIONS WILL FOLLOW APPLICABLE INTERNATIONAL LAW
CONCERNING HUMANITARIAN TREATMENT OF PRISONERS AND BE RESPONSIBLE FOR TRAINING
THEIR UNITS IN THE SOLDIER'S CODE OF CONDUCT AND ITS STRICT ENFORCEMENT.
CRIMINAL DETAINEES WILL BE INfORMED OF THEIR RIGHT AGAINST SELF-INC0
UPON BEING IN PROCESSED IN THE rH~
. '
.
I ll_~--------------------------------------------------------------~ 1
, '3. o;19. D. (U) DETENTION OFFICIALS WILL HANDLE ALL PRISONERS WITH THE MINIMUM
FORCE NECESSARY AS REQUIRED B¥ THE SITUATION .
• 3.D.l9.F. (U) IF A DETAINEE/INTERNEE IS TRANSFERRED OUT OF THE CHF TO ANOTHER
REGIONAL INTERNMENT FACILITY DUE TO OVERCROWDING, ALL PROPERTY AND EVIDENCE IF
POSSIBLE, WILL BE TRANSFERRED WITH THE DETAINEE/INTERNEE EXCEPT THE FILE WILL BE
HELD AT THE C!!F.
3 . D. 2 0 • ( U) RELEASE OF CRIMINAL Dilv.INEES.
00394
'-'V-..J../-.....I_.V..L.""'J:
IA(A";:;P~P~Rr;O:;-:Vii"E";';D:-;F"";O~R::-::;R~E~LE:::"A-:-S~E=-:::D":'A'=T=E-: ""06.,..-""@,.,..,.~CFIIIX4
3.0.20.A. (UI DETENTION OFFICIALS WILL GIVE FULL FAITH AND CREDIT TO ORDERS FOR
RELEASE OF CRIMINAL DETAINEES BY IRAQI JUDGES SUBJECT TO THE FOLLOWING RULES AND
GUIDANCE.
3.0.20.5. (U) RELEASE ORDERS FROM AN IRAQI COURT WILL BE EXECUTED BY COALITION
FORCES, PROVIDED THAT THE DETAINEE IS BEING HELD SOLELY FOR ALLEGED CRIMINAL
MISCONDUCT AND THE VICTIM IS IRAQI. DETAINEES WILL CONTINUE TO BE HELD IF THE
DETENTION FILE REFLECTS THE DETAINEE COMMITTED OTHER OFFENSES AGAINST COALITION
PERSONNEL OR PROPERTY; THE INDIVIDUAL IS BEING HELD FOR INTELLIGENCE
EXPLOITATION; OR, IF THE INDIVIDUAL OTHERWISE IS A THREAT TO THE SECURITY OF
COALITION FORCES, PROPERTY, OR ACCOMPLISHMENT OF THE CJTF-7 MISSION.
3.D.20.C. (U) RELEASE ORDERS. WILL BE RECOGNIZED IF THE RELEASE FORM IS IN BOTH
ENGLISH AND ARABIC; SIGNED BY AN IRAQI JUDGE, STAMPED BY AN. IRAQI OFFICIAL, AND
PRESENTED AFTER THE ALLEGED OFFENSE WAS INVESTIGATED BY A CRIMINAL INVESTIGATION
JODG£ OR COURT INVESTIGATOR. AN OFFENSE HAS B~EN INVESTIGATED ·IF THE DETAINEE
APPEARED IN PERSON IN AN IRAQI COORT IN FRONT OF AN INVESTIGATING JUDGE OR, IF
INVESTIGATING OFFICIALS HAVE VIEWED THE EVIDENCE AND RECORDS AT THE DETENTION
FACILITY RESPONSIBLE FOR HOLDING THE DETAINEE. .
3.0.20.0. (U) RELEASE ORDERS RECEIVED BY DETENTION OFFICIALS SHOULD BE FORWARDED
TO THE DETENTION REVIEW AUTHORITY. THE DRA WILL INITIATE A RELEASE BOARD
PROCESSING WORKSHEET !ATTACHMENT I) AND INDICATE ON THE WORKSHEET WHETHER THE
DETAINEE IS SUSPECTED OF OTHER OFFENSES OR CRIMES AGAINST COALITION FORCES. THE
REVIEW WORKSHEET WILL BE CIRCULATED TO TH~ ANNOTATED STAFF SECTIONS TO ENSURE ·
THAT THE DETAINEE IS NOT BEING HELD FOR SECURITY OR INTELLIGENCE REASONS NOT
RELATED ·To THE OFFENSE. .
3.D.20.E. (01 NO UNIT IS AUTHORIZED TO RELEASE ANY DETAINEE HELD IN IRAQI POLICE
DETENTION CELLS WITHOUT A ORA REVIEW AND PRIOR COORDINATION WITH THE ·oFFICE OF
STAFF JODGE ADVOCATE, BOOTH MP BDE (OS) . IRAQI POLICE ARE AUTHORIZED TO RELEASE
DETAINEES IN THEIR EXCLUSIVE CONTROL. UNITS MAY ACCEPT CONTROL OF CRIMINAL
DETAINEES FROM IRAQI POLICE FOR TRANSF£R TO THE CHF PROVIDED THE ONIT FIRST
RECEIVES THE IRAQI INVESTIGATION CASE NUMBER. IF NO INVESTIGATION HAS BEEN
I\~i.TIATED, THE RECEIVING UNIT WILL COMPLETE A CPA APPREHENSION FORM WITH THE
•
1
\ ASSISTANCE OF THE IRAQI POLICE RESPONSIBLE FOR THE DETAINEE. .
1
., l. o. 20. F. (U) A ORA MAY ORDER THE RELEASE OF A CRIMINAL DETAINEE NOT ALLEGED TO
' HAVE COMMITTED A SERIOUS CRIME U.PON 72 HOUR REVIEW. GUIDELINES FOR APPROPRIATE
PUNISHMENTS FOR MINOR OFFENCES IS AT ATTACHMENT J.
3.D.ZO.G. {U) A ORA MAY RECOMMEND RELEASE OF A
CRIMINAL DETAI SERIOUS CRIME TO THE CRIMINAL
DETAINEE RELEASE BOARD. IF IT IS NOT APPROPRIATE IN THE CIRCUMSTANCES OF THE
CASE TO REFER THE ALLEGATION TO AN IRAQI COORT, AND IF THE RELEASE BOARD
DETERMINES THERE IS NO REASONABLE CASE AGAINST THE DETAINEE," IT MAY ORDER THE
RELEASE OF THE DETAINEE. 1 •
3.0.21. (U) RELEASE OF SECURITY INTERNEES.
3.D.2l.A. (UI INTERNEES HELD .FOR THE PURPOSE OF INTELLIGENCE EXPLOITATION MAY
ONLY BE RELEASED WITH THE APPROVAL OF THE REVIEW AND APPEAL BOARD, EXCEPT IN THE
CASE OF DIA BLACK. OR GRAY LIST DETAINEES. SECRETARY OF DEFENSE APPROVAL IS
REQUIRED BEFORE REL.EASE OF HVDS ON THE 0, DEFENSE INTELLIGENCE AGENCY (DIA)
CU5951614
PPROVEb FOR RELEASE DATE: 06-
BLACK OR GRAY LISTS AND FOREIGN FIGHTERS. THE STANDARD OF REVIEW FOR EV~LU~TING
RELEASE DETERMINATIONS IS A REASON~BLE BELIEF T~T DETENTION IS NECESSARY FOR
IMPERATIVE REASONS OF SECURITY.
3. D. 2-1. B. CUl THE REVIEN AND AP~EAL BOARD IS COM~RISED OF THE:. CJTF-7 C2 AS
PRESIDENT, COMMANDER BOO" MI.' BRIGADE (OS) AND CJTF-7 STAFF JUDGE ADVOCATE. UPON
APPROVAL OF THE BOARD PRESIDENT, ALTERNATE MEMBERS DESIGNATED BY PRINCIPAL
MEMBERS MAY SERVE FOR SPECIFIC SITTINGS OF THE BOARD. DECIS·IONS BY THE BOARD
WILL BE BY THE PRESIDENT, UPON CONSULTATION WITH THE OTHER TWO MEMBERS.
3.D.2l.C. (U) THE CJTF-7 SENIOR INTERROGATION.OFFICER, OR HIS/HER DELEGATE IS TO
ADVISE THE CJTF-7 STAFF JUDGE ADVOCATE AND THE CJTF-7 PROVOST MARSHALL OFFICER
OR THEIR DELEGATES WHEN AN tNTELLIGENCE HOLD IS LI·FTED FROM A SECURITY DETAINEE
TO ENABLE THE RELEASE PROCEDURE TO BE.COMMENCED IF THERE IS NO OTHER REASON TO
DETAIN THE DETAINEE.
3.D.22. (U) RELEASE OF PERSONS SUSPECTED OF CRIMES AGAINST COALITION FORCES OR
WAR CRIMES.
3.0.22.1\. (U) PERSONS SUSPECTED OF CRIMES AGAINST COALITION FORCES OR WAR CRIMES
. MAY om .. r BE RELEASED WITH THE APPROVAL OE' THE REVIEW AND A!'!'EALS BOARD WITH
APPROPRIATE COORDINATION WITH COMMANDER 80070 MP BRIGADE (US) AND COMMANDER 3"0 MP
GROUP (CID) (US).
3.D.23. (U) INVESTIG~ION AND DEVELO~NT OF CRIMINAL CASES.
3.D.23.A. (U) AS A RESULT OF INCOMPLETE CASE FILES TO DATE, IRAQI CRIMINAL
INVESTIGATORS, PROSECUTORS, AND INVESTIGATING JUDGES WILL BE ALLOWED TO TRAVEL
TO LOCAL COALITION DETENTION FACILITIES TO VIEW PHYSIC.AL EVIDENCE, APPREHENSION
FORMS, SWORN STATEMENTS, AND OTHER RECORDS, IF ANY, RELATED TO THE OFFENSE.
MILITARY MAGISTRATES SHALL ENSURE DETAINEE RECORDS PROVIDED TO IRAQI OFFICIALS
DO NOT CONTAIN CLASSIFIED DOC\JMENTS, EXHIBITS, EVIDENCE, OR OTHER SENSITIVE
INFORMATION IRRELEVANT TO THE CASE.
3.!:>.23.B. CU) TO THE EXTE:NT POSSIBLE, 'IHE MILITARY POLICE UNIT RESPONSIBLE FOR A
\ LOCAL DETENTION FACILITY'S OPERATIONS SHOULD MAKE AN MP LIAISON OFFICER
\ 1 AVAILABLE TO ASSIST THE IRAQI COURT PERSONNEL AND INVESTIGATORS WITH THEIR
, ., INVESTIGJ
THE LIAISON SHOULD MAKE PHYSICAL EVIDENCE AVAILABLE FOR VIEWING, RECEIVE
REQUESTS FOR SWORN, WRITT£N STATEMENTS (IF NONE PREVIOUSLY MADE AVAILABLE) FROM
SOLDIERS IDENTIFIED IN THE APP~HENSION FORM, AND ACCEPT OTHER REASONABLE
REQUESTS. IT IS NOT THE LIAISON'S JOB TO CONDUCT THE INVESTIGATION, BUT MERELY
TO ASSIST THE IRAQI COURT PERSONNEL AND INVESTIGATORS IN OBTAINING INFORMATION
THAT THEY ARE UNABLE TO OBTAIN THROUGH THEIR OWN EFFORTS.
3.D.23.C. (U) UNITS PREVIOUSLY INVOLVED IN THE CA!.'TURE ·'AND TRANSP,I)RT OF CRIMINAL
DETAINEES SUSPECTED OF CRIMINAL ACTIVITY OR SECURITY INTERNEES, WILL COOPERATE
WITH REQUESTS TO HAVE SOLDIERS PROVIDE FOLLOW-UP WITH WRITTEN·, SWORN STATEMENTS.
3.D.23.D. (U) THE STANDARDS IN THIS FRAGO ARE MINIMUM STANDARDS. EACH CJTF-7
COALITION UNIT SHOULD IMPLEMENT .THIS FRAGO AS NECESSARY BASED UPON THE SITUATION
IN EACH AO. ANY ORDER DRAFTED TO IM~LEMENT THIS FRAGO SHOULD BE FORWARDED TO
CJTF-7 SJA FOR REVIEW ..
. S~SA and MCFI//X4
00396
3.D.23.E (U) IN ADDITION, EACH CJTF-7 COALITION DIVISION SaALL BPT STAND UP AND
DEPLOY A RAPID RESPONSE TEAM (RRT) IN ORDER TO (JOT) GATHER EVIDENCE. REGARDING
CRIMES COMMITTED AGAINST COALITION FORCES THAT RESULT IN DEATH. OR GRIEVOUS
BODILY. INJURY TO COALITION FORCES ..
3.D.23.F. (U) THE CJTF-7 DIVISION RRT SHALL RESPOND TO ACTOAL OR SUSPECTED
INCIDENTS OF CRIMES COMMITTED AGAINST COALITION FORCES THAT RESuLT IN DEATH OR
GRIEVOUS BODILY INJURY TO COALITioN FORCES. THE RRT WILL PRESERVE EVIDENCE,
TAKE STATEMENTS FROM WITNESSES AND DETAINEES IN ACCORDANCE WITH GUIDANCE IN THIS
AND PREVIOUS FRAGOS, AND ENSURE EVIDENCE IS PRESERVED FOR LATER ADJUDICATION OF
THESE CASES. COMPOSITION OF THE RRT WILL NORMALLY INCLUDE THE FOLLOWING
DISCIPLINES: STAFF JUDGE ADVOCATE/LEGAL, PUBLIC AFFAIRS OFFICER/MEDIA, PROVOST
MARSHALL OFFICER, AND MILITARY CRIMINAL INVESTIGATOR/CID. EACH DIVISION SHALL:
3. D.. 23 .G. (U) BPT SUPPORT THE DIVISION RRT TEAM DURING DIRECTED RESPONSE TO
INCIDENT.
3 .. D. 23, H, (U) BPT PROVIDE SECURITY TO BOT!! THE INCIDENT LOCATION AND THE RR'l'
ELEMENT !OR DuRATION OF ASSESSMENT.
3.D.23.I, (U) BPT TO PROVIDE INTERPRETER.
3.D.23.J. (U) BP'l' PROVIDE GROUND TRANSPORTATION TO INCIDENT LOCATION.
3.D.23.K. (U) BPT TO TAKE ALL REASONABLE ACTION TO PROTECT/PRESERVE THE SCENE or
THE INCIDENT AND GATHERED EVIDENCE.
3. D. 23. L. (U) FACH RRT SIJALL BPT. TO DEPLOY ISO DIVISION TASKING ON A ONE-HOUR
NOTICE AND BPT SUSTAIN OPERATIONS FOR A MINIMUM 48 HOURS.
3.D.23.M .. (0) EACH DIVISION SHALL.ENSORE PROPER COORDINATION WITH U.S.CRIMINAL
INVESTIGATION DIVISION (CID). CID IS THE PRIMARY AGENCY RESPONSIBLE. F'OR
INVESTIGATION OF WAR CRIMES, AND CRIMES AGAINST COALITION FORCES, AND OTHER
MA'l'!!'ERS. EVIDENCE COLLECTION, INTERVIEWS,. l\ND SITE INSPECTIONS WILL BE
CONDUCTED IN CONSULTATION WITH COMMANDER, 30 MP GROUP (CID) .
', '3.D;. 23,N. (U) DIVISIONS ARE TO ENSURE ALL UNITS ARE MADE AWARE OF THE
REQUIREMENTS IN THIS FRAGO CONCERNING THE APPREHENSION AND TRANSPORT OF CRIMINAL
DETAINEES AND SECURITY INTERNEES~ .
3.D.23 .0 .. (U) DIVISIONS ARE TO CONDUCT UNIT LEVEL TRAINING ON DA FORM 4137 AND
DA FORM 2823, T·RI'.INING SHOULD INCLUDE VIGNETTES AND A PRACTICAL EXERCISE ON
PREPARING A DETAILED STATEMENT, A SOLDIER'S GUIDANCE CARD ON APPREHENSION AND
DETENTION IS AT ATTACHMENT K.
3.0.23.P. (U) .DIVISIONS ARE TO ENSURE UNIT LEVEL TRAINING IS CONDUpTED ON THE
SOLDIER'S CODE OF.CONDOCT AND ITS STRICT ENFORCEMENT, TRAINING SHOULD INCLUDE;
PR6PER TREATMENT OF THOSE APPREHENDED FOR SUSPEC:rED CRIMINAL ACTIVITY IN
ACCORDANCE WITH INTERNATIONAL HUMANITARIAN LAW; PROPER PROCEDURE '·FOR SEIZING,
INVENTORYING AND SAFEGUARDING TH£ P£~SONAL PROPERTY OF A DETAINEE/INTERNEE.
3.D.23.Q. (U) DIVISIONS ARE TO FORWARD REQUIRED FORMS TO UNITS THAT DO ·NOT HAVE
EASY ACCESS TO AUTOMATION.
USA and MCFI/IX4
Lt.JL/-{(;;
C05951614
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4. CU) SERVICE SUPPORT. (NO CHANGE]
5. (U) COMMAND AND SIGNAL. (CHANGE]
S.A. (U) COMMAND [NO CHANGE]
S.B. (U) SIGNAL [CHANGE]
5. B. 1. lS//R£t. TO USA and MCfT\ C.TTF 7 SJA OPS :POC: DSN OR
\'-------------------l~ (SIPR & CENTR~I~X-:_) ~===;-----:=
\ 5. B. 2 . {~ ;~~EL TO USA and MC.£I l CoiTF-7 PMO PDC · 1~~ IE'R & CENTRIX) OR DVNT 0
S.B.3. {S//REL TO USA and MCFI) 180':.~ BRIGADE {OS) POC: LIAISON OFFICER DSN
L,.==~--' OR DVNT ~'-..__ \ {SIPR &
CENTRIX)
5,8,4. (S//REL TO USA and MCFI) .BOO'" MP BRIGADE (US) POC: LIAISON OF'FICF(R DSN
1 \oRDVNT/ \oR\ j!SIPR&
CENTR!X) '----------~
1
s. B. 5. (S//REL TO USA and MCFI) 3" MP GROUP (CID) (US) POC: L'IAISON OFFICER DSN
LL ""'==.---'I OR DVNT '-----------'OR ( s IPR & CENTRlX)
ACKNOWLEDGE
'
1
\ orrzciAL:
' '
MILLER
C3
ATTACHMENTS:
A. DETENTION FLOWCHART
SANCHEZ
LTG
B. . DETENTION REVIEWING AUTHORITIES'
. C. FBI E'INGERPRINT CARD (FD FORM 249)
D. EPW HANDLING AND DETENTION
E. CPA APPREHENSION FORM.
F. WITNESS STATEMENT FORM (DA FORM'2B23 (OS))
G. &VIDENCE/PROPERTY CUSTODY DOCUMENT (DA FORM 4137 (US))
H. SEIZURE OF PROPERTY GUIDELINES
I. RELEASE BOARD PROCESSING WOR}(SHEET
J. MAXIMUM PERIODS OF PRE-TRIAL DETENTION FOR CRIMINAL DETAINEES
K. APPREHENSION AND DETENTION SOLDIERS CARD
ror... ,J~X.~)m!J.J