CID Report: 0005-04-CID149-83131

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DEPARTMENT OF THE ARMY lOu MILITARY POLICE BATTALION (CID) (ABN) ONITED STATES ARMY CRIMINAL INVESTIGATION COMMAND BIAP, IRAQ, APO AE 09335
26 Jan 04
CIRC-AGCF
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: CID REPORT OF INVESTIGATION -INITIAL/FINAL/ -0005­04-CID149 -83131 -SC2B/5Y2E/SY2B/5Y2G
DATES/TIMES/LOCATIONS OF OCCORRENCES:
1. 24 Nov 2003/1830 -24 Nov 2003/2000; WING LA, ISOLATION AREA, BAGHDAD CORRECTI?NAL FACILITY, ABU GHRUYEB,. IRAQ
DATE/TIME REPORTED: 20 Jan 04, 1049
INVESTIGATED BY, SA
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SUBJECT: 1. (none); (ASSAULT (UNFOUNDED)'; {CRUELTY AND MALTREATMENT
(UNFOUNDED)]; [CONDUCT UNBECOMING (UNFOUNDEDJJ;(FAILURE TO OBEY AN
ORDER OR REGULATION (ONFOUNDED»).

VICTIM: 1. DETAINEE; Hi OTHER; ZZ; b7c-lf. 10' -f (NFl); [ASSAULT (UNFOUNDED»); [CRUELTY AND MALTREATMENT-(UNFOUNDED)].
2. US GOVERNEMNT; [CONDUCT UNBECOMING (UNFOUNDED»); FAILURE' TO OBEY AN ORDER OR REGULATION (UNFOUNDED»);
INVESTIGATIVE SUMMARY:
About 1048, 20 Jan 04, this office was notified by SGT U-tf, l:,"'~-'Piilii.iI••~....229th Military Police Company, Abu Ghruyeb Prison, kl. -4, J,1c-Cf Abu Ghruyeb, Iraq, that an unknown Captain assaulted a detainee during an inspection at the prison.
Preliminary investigation revealed Military Police (MP) and Military Intelligence personnel were notified by Detainee that a detainee within the isolation area possessed a pistol. Detainee Fh6-f, lo'1c",q. stated the detainee planned to use a pistol to kill the MP's in an' attempt to escap~ ~he prison. The MP's were ab~e to subdue the detainee after a brief altercation. The incident was investigated under ROI i0260-03-CID259-61229.
Investigation established the listed offenses did not occur as a11eg~d, . L ""7C .... d­when CPT 372ftd MP Company' (Co), b'-'f, ro I \" Cumberland, MD {deployed to Abu Ghruyeb Prison, .Abu Ghruyeb, Iraq) . staged a controlled assault, by pulling Detainee from his cell i'-'{ 101c-'i and into the open area so the other detainees could observe his actions. CPT gave the appearance he was assaulting Detainee b'-'f, b7C~f
••II,in an attempt to locate additional weapons.106~'''( b7c-'f
Detainee was interviewed and related he was aware of the staged b6 -f, b'1C-r.( event and at no time was he injured by CPT Detainee •••• b€. -'f, /.a-rc-f stated the event was stage to protect his identity, as he was the one
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who provided the information pertaining to the detainee with the
pistol.

CPT was interviewed and related Detainee provided 61-cf, b-rc-cf information regarding a detainee who possessed a pistol and planned to use it against the MP' s. CPT coordinated with Detainee b'-Cf, b-rc-'1 prior to searching all the cells· and described the sequence of events with regards to the staged event.
STATUTES
ARTICLE 128, UCMJ: ASSAULT (ONFOUNDED)
ARTICLE 92, UCMJ: FAILURE TO OBEY AN ORDER OR REGULATION (UNFOUNDED)
ARTICLE· 1~3, UCMJ: CONDUCT UNBECOMING OF AN OFFICER (UNFOUNDED)
ARTICLE 93, UCMJ: CRUELTY AND MALTREATMENT (UNFOUNDED)

EXH~BITS/SUBSTANTIATION:
ATTACHED:
1.
Agent's. Investigative Report (AIR) of SA 20 Jan 04, U...f ,I, 1C-( documenting the basis for investigation and the interviews of SPC "'b-'I J., '1c-1­and SGT h6.:.4 k1C-c.f -,

2.
Sworn Statement of SPC 20 Jan 04, detailing his ,b,-+, J,,1C.-Cf ·knowledge of an assault by an Army Captain in the isolation area

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3. Sworn~~Statement of SGT : dated 20 Jan 04, detaili~g his 6"-'1, bl~-cl
knowledge of an assault by anArrny Captain in the isolation area.

4, AIR o~23 Jan 03, documenting the interviews of MSG bb-ll b'tC-I
,,:~T . d' 7P'1.' . h i SFC'~LSil?C_. SFC 2 CPT bl,-if b'1t=-t.( ......~ cOOr l.natl.on w~t SJA. ~~f) C-~ .
_ __ _ .__ , . • f _ _. •.• _ •... • .. __
5.
Sworn Statement of ILT 22 Jan 04, detailing his account bt"-4 6-,c.-4 of the events at the prison the night of the alleged incident. I

6.
AIR of SA 22 Jan 04, documenting his interview of b' -I. b 1C.-1 Detainee b,-o/-. b-rC-ct

Not Attached:
None.
The originals of Exhibits 1 through 6 are forwarded with the USACRC copy of this report.
STATUS: This is a Final Report,

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Distribution:

1 -Director, USACRC, Fort Belvoir, VA
1 -Conunander, lO!ll Military Police BN (CIO) (e-mail only)
1 -Commander, Abu Ghruyeb, Iraq (e-mail only)
1 -Provost Marshal, CJTF-7 (e-mail only)
1 -SJA (Attn: CPT bf,A h'1c.-'f

1 -File I
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AGENT'S INVESTIGATION REPORT OOOS-03-CID149-83131 CID Regulation 195-1 PAGE \ OF \ PAGES
BASIS FOR INVES'TIGATION: About 1048, 20 Jan 04, this office was notified by II I -I". '"
229tll

SPC MP Co, Abu Ghraib,Iraq, of detainee oo-'f, ~ I~'"
abuse within the isolation area of Abu Ghraib Prison, Abu Ghraib, Iraq, which
involved. a soldier.

1:/.-11 101C -l . ,~
I " :.About 1048, 20 Jan 04, SA rinterviewed SPC who provided a sworn J,'..tf. flJ7.C-'1 . . 'statement, wherein he related he had witness an unknown Army Captain punch . and. kick a detainee the night they responded to the detention facility, after the detainee had shot a Military Police person.
, r U-/, 6....,C.-l u -4 " ..,,:. Y­
•
. 'About 1219, 20 Jan 04, SA I interviewed SPC 0'0 # ­229~ MP Co, Abu Ghraib, Iraq, who provided a sworn statement, wherein be .related he had witness an unknown Army Captain punch and kick a detainee the night they were at the detention facility, after a detainee. had shot at a military policeman. ///LAST ENTRY/II
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Prisoner Interview/Interrogation '!'eam (PI'!') (CID) Abu Ghraib, Iraq APO AE 09889
Date: Exhibit: 20 Jan 04

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