CID Report: 0016-04-CID343-69355

This CID investigation was initiated upon receiving a complaint by a civilian interrogator that he “heard a rumor” that a guard at the Baghdad International Airport (BIAP) holding facility urinated in a water bottle and gave it to a detainee to drink. The guard admitted to holding a bottle of urine to detainee’s nose making him smell it because the detainee is the one who urinated in the bottle and the guard wanted him to know this was “unacceptable behavior”, but most certainly did not make detainee drink from bottle. In the report describing the incident, the interrogator also described “harsh interrogations and inhumane conduct” by some interrogators and guards from April 6 – May 1, 2004. The investigating officer who investigated the complaint stated that “inhumane treatment” allegations made by the interrogator in this case were “unsubstantiated” because they were consistent with coalition guidelines for interrogating detainees for the relevant the period of time in question. It was also noted that the interrogator who made the allegations of cruel & inhumane treatment was transferred three (3) weeks after he arrived, by his own request, because he stated “I refused to conduct my interrogations inhumanely.” The CID investigator concluded the guard acted unprofessionally, but the actions are not criminal in nature and the offenses of Cruelty and Maltreatment; and Threatening Communications are unfounded.

Doc_type: 
Investigative File
Doc_date: 
Wednesday, August 4, 2004
Doc_rel_date: 
Tuesday, March 1, 2005
Doc_text: 

DgPARTM-ENT-CM-T-14a-LRMY
REPLY TO
ATTENTION OF:

Task Force LI -CID 4 August 2004

MEMORANDUM FOR: SEE DISTRIBUTION

SUBJECT: (U) CID REPORT - FINAL - 0016-04-CID-343-69355

5C2A/5C2B/5T1

DATES/TIMES LOCATION OF OCCURRENCES:
19 April 2004 / 1500 2130 -

- Task Force

Camp NAMA, Baghdad International Airport
(BIAP), Baghdad, Iraq APO AE 09342..

(U) DATE/TIME REPORTED: 22 May 2004 / 1300.

( 1 INVESTIGATED BY: SA b 7C-f, b 0 1 , 6 1
6 (6) -5-( .67c- 6c-b1 SUBJECT: 1. 41MUMMOMMEN PV2;
0005'

; Male; Asian; Headquarters and Headquarters Company (HHC), 1/21 Field Artillery, 1st Calvary Division (5-), Task Force 6-/ Camp NAMA, BIAP, Baghdad, Iraq, APO AE 09342; Cruelty and Maltreatment (Unfounded); Threatening Communications (Unfounded).
(4) V
( VICTIM: 1. 411111111/1¦111111Miams
t-J
Civilian; Iraqi National; ID # imillIMP Baghdad, Iraq; Male; .b(7)0 q

-

1)-

Task Force

Camp NAMA); Cruelty and Maltreatment
(Unfounded); Threatening Communications (Unfounded).

(U) INVESTIGATIVE SUMMARY:

( 6-( ) This investigation was initiated upon

a complaint filed by I _
Debriefer/Interrogator, Joint Interrogation Debriefing
Interrogation Center (JDIC),

4- 1
Iraq Survey Group (ISG), Baghdad, Iraq, APO AE 09342 that a
guard (PV2 gm. gave a bottle of urine to a detainee (Mr.

ging) to drink.

'

REGRADED ArSIMED
5 NOV 2004.

EC MGR, OCA

(4) 3 b("1)? 3
Lido"31
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS DATE TIME FILE NUMBER
LOCATION
3-73D /Oct' 2,2:. 4 I

LAST NAME FIRST NAME. MIDDLE NAME SOCIAL SECURITY NUMBER GRADE/STATUS
E8 / MSG
-
b l
bbI
ORGANIZATION OR ADDRESS , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
I, b) 17 7 4-4 6617
On or about 21 April I was approached by SFC 41111(Guard NCOIC) about an incident involving PV240.. I was told that there may or may not have been some kind of Detainee abuse. At his time SFC told me the story of PV2
4.1. and the Detainee (ISN in cell number 4. SFCallirinformed me that PV2 was ted of making Detainee drink urine from a bottle that was in the detainee's cell. After hearing the information from SF I
b 4 L-/SGM) informed SFC-that I needed every soldier involved in the incident teivirt
( iii b76 'I
to e day room. I then printed off some DA 2823 Sworn Statement forms. I then separated the soldiers and had SFC
monitor the soldiers as they wrote their sworn statements. While this was going on I informed the b I . OIC /7 7e ,-(b6 6 y
blifizq 1,0 of the incident. MAXI b704 , went to the JOC and informed them of the Command element of the possible
, Lind I then waited until all sworn statements were done and started todetainee abuse then returned to the bi, ". MAJi /670.1bi
read them. After reading the statements, with all the soldiers still waiting in the day room, I informed SFC OM that he will
Detainee's until further notice. Also PV2take all ammunition from PV2 alnlithat PV2dlIllis not allowed to handle the
aullewill be escorted around the camp until further notice. I also let SFCallailknow that PV24.111needs to be available to talk to psychologist as soon as the psychologist became available. I believe thatwhile I was letting SFC know what
PV2 aimlimits were. MAJkiqty .641-1 went over to the JOC and informed the Command of the findings from the sworn
statements. MAJ , b I let the Command element know that from the preliminary findings there was no evidence of
that we handle it in house and the Command section concurred. After theDetainee abuse. MAJWAI la Li also recommended
Psychologist interviewed PV24111111111 he came back with findings of a confused young soldier that took over heard comments
out of context. MA.ki bky IrG (/ then counseled PV2 with his leadership present LT anand SFC.11111. corrective training was imposed with supervision by PV2 leadership. At the next shift change, which was at 2400 hrs, I-informed the ' personnel that an incident had happened and that corrective training was being enforced. I did not go into great details about the
incident but I explained to the b) what had happened due to the rumors that I was hearing around the work area. an
----------- ----END OF STATEMENT--------------- --------------------------
-
.
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SUPERSEDES DA FORM 2823,1 JAN 5.8, WHICH WILL BE USEDENE
DA FORM 2823, JUL 72
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SWORN STATEMENT
For use of this form, see AR 190-45; the propane "ency is ODCSOPS DATE"IM E dlik FILE NUMBERLOCATION
h) ?orAfkkeo"a33 L
SOCIAL SECURITY NUMBER GRADE/STATUSLAST NAME, FIRST NAME, MIDDLE NAME
0-41 MAJ
1, 1 b 1
ORGANIZATION OR ADDRESS
b b764bbG ,-/b1b, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
I assumed duties as TF b )"OIC on 15APR04. On or about 21APR04, I was conducting PT when I was advised by the )2 1 SGM, b ( b 7/„I1 6 6 q that there had been an incident in the cell block and it was alleged that a member of the nk urine. The SGM advised me that the soldiers involved or who possibly witnessed
Guard Force had forced a detainee to drithe incident were preparing sworn statements regarding the incident and the guard in question. At that point, I went to the JOC
and advised the TF i b) Commander of the allegations and informed him that an investigation was underway. I was told to come back to the Commander with a recommendation upon completion of the internal investigation. I then immediately returned to the
andA review of the aforementioned sworn statements from PV2 SPC IIIIIIIIIIIIII SPC
b /be .
SGT 11.111Maindicated that the guard in question, PV2 , had not forced aI qatink• a 1 urine. FIFI¦iilinstead scolded the detainee for urinating in a water bottle instead of asking a guard to escort him to the latrine.
During the course of the scolding,41110 had stated that he "should" make the detainee drink the bottle of urine as punishment
abused or humiliated the
for not following proper procedures and using the latrine. There was no indication that detainee. The detainee in question was determined to be b i roster number ater assigned ISN I advised the Commander of the findings of the investigation and recommended that we, e b 1 leadership handle anYriplinary action. The Commander agreed with this recommendation.
Since ale had made the questionable statement regarding forcing a detainee to drink urine, he was counseled by his Team
Leader, Platoon Leader and myself, given remedial training and placed on Front Desk duty for a two-week period. He was
training, desk duty andalso directed to be evaluated by the TF Psychologist, which occurred. 1.1... , . impletion of his remedial evaluation by the Psycholoist, PV2 MN was returned to normal duty '
END OF ST • NT
-.

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SWORN STATEMENT
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DODDOACID 009157

Page(s)

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Referred to:
U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 3-3621-5101 -
MS. JACQUELINE SCOTT scoitjgcentcom.smil.mil
(813) 827-5341/2830
0016-04-CID343
ROI NUMBER
AGENT'S INVESTIGATION REPORT 0055-04-CID789
CID Regulation 195-1
PAGE 1 OF 1 PAGES
DETAILS
BASIS FOR INVESTIGATION: On 09 Jun 04, this office received a Request For Assistance
(RFA)(0016-04-CID343) from the Headquarters, Joint Task Force L, I Baghdad, Iraq APO AE
09342, to interview Detainee aliii.1.111111 1, National Detainee Reporting System (NDRS)
#160124, pertaining to allegations of detainee abuse.

About 1400, 9 Jun 04, SA _coordinated with the 391 st Military Police (MP) Battalion (BN)
Operations, Baghdad Central Confinement Facility (BCCF), Abu Ghruyeb, Iraq (AGI) and
determined that Detainee"was released on 6 Jun 04. (See Release List)

AGENT'S COMMENT: This office obtained the detainee file and dossier. No point of contact
information or home of record could be obtained forte

Status: Your RFA has been completed in the attached enclosures. No further investigative activity
is anticipated by this office.
/7//////////////////////////////////////////////////////////////////LAST ENTRY/0////////////////////////////////////////////////////////////////

b to-)hi6) I 13 (7)0 1
TYPE AGENTS NAME AND SEQUENCE NUMBER ORGANIZATION
PRISONER INTERROGATION TEAM (PITXCID)

SA
Baghdad Central Confinement Facility, Abu Ghruyeb 09342
DATE EXHIBIT
SIGNATURE
9 Jun 04 OGOOL
CLD EOR) 94
STATEMENT (Continued)
I
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON P G"ENDS ON PAGE ". I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIAL D ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EA' PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, "HOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR U

ent)
Subscribed and sworn to before me, a person authorized by law to
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WITNESSES:
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EXHIBIT INITIALS OF PE TATEMENT PA PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OFbTAKEN ATbDATEDbCONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.b
000 0 013
USAPPC V1 10
DA FORN12823, JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL B5\ 4,k,:t10.7.11-1, 1
DODDOACID 009153

STATEMENT (Continued) ctu:2 _b (1 t c5e:
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AFFIDAVIT
"-----11111111111111111111 , HAVE READ OR HAVE HAD READ TO ME THIS STATEMEMT WHICH BEGINS ON PAGE 1 AND ENDON PAGE 3 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOP OF B
IT OR ARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, • - ,:";• 4111M t¦

_1 •
erson mg Statement)
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
administer oaths, this day of /VI 0,1/e , 4"r Zee
-r,"...se )"---6 7 6 1bh 6l
ORGANIZATION OR ADDRESS (Signature of Person Administering Oath)
b) b 761bbC
(typed Name of iersoVAdministering Oath)
/36. (1) if, e/c.,45-
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON MAKING S Mb
— 717 -r‘cs:,"tit7 -F,
°
EMBIT
USAPPC V1 10

SWORN STATEMENT
For use of this form, see AR 190-45; the pro "agency is ODC
LOCATInm" DATE"TIME FILE NUMBER

"b i• CI LAP 7.1"NV r 01
LAST NAME, FIRST NAME, MIDD" SOCIAL SECURITY NUMBER _ GRADE/STATUS
( b 7_ 5-, ._2__ Pv7,CRA)
ORGANIZATION OR"
h 6
——
/IMMINffaralcb, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
IcyLRf-A-dv)
c3 ;Vv., 1T\''Av01(i " (4 ics"clzkcckQ,Q5._
csi4
Lc-, IMO"bcD-k-IAQ sk-DAy,,et7_s, U_D\f\-'43"aLyei sa4a. cue;
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EXHIBIT INITIALS OF PERS"TATEMENT
PAGE 1 OF "3 PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF bTAKEN ATbDATED bCONTINUED.' THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS 'PAGE OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USE" MOD 1 7
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
nnnsnos
Fnr [Rep of Mkt form xt.e AR 190-qOyilp pmpnnont agency ie
DATA REQUIRED BY THE PRIVACY ACT
Title 10, United States Code, Section 3012(g)
To provide commanders and law enforcement officials with means by which information may be accurately

AUTHORITY:
PRINCIPAL PURPOSE: ROUTINE USES: identified. Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and
DISCLOSURE:
2. DATE all , 3. TIME 4. FILE NO.
1. LOCATION
TF , Camp Nam, Baghdad, IZ 2.c"og-C) (1 I tAkkA"IP! 004 --v V' CID 35'.3
8. ORGANIZATION OR ADDRESS
5. NAME (Last, First, MO
Task Force . , Camp Nama
111.11111P
BIAP
7. GRADE/STATUS6. SSN
Baghdad, IZ _E-2/AD
PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights • •
Criminal Investigation Division
below told me that he/she is with the United States Army
as a Spe-ciWent and wanted to question me about the following offense(s) of which I am
Aggravated Assault/// arab

The investigator whose name appears
suspected :
Before he/she asked me any questions about the offense(s),however, he/she made it clear to me that I have the following rights:

-
1. I do not have to answer any question or say anything.
_
Anything I say or do can be used as evidence against me in a criminal trial.
I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me

2.
3. (For personnel subject othe UCMJ
during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,
or both.
-or -
IFor civilians not subject to the UCMJ) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with

me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer
will be appointed for me before any questioning begins.
If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or

4. speak privately with a lawyer before answering further, even if I sign the waiver below.
5. COMMENTS (Continue on reverse side)
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offensels) under investigation and make a statement without talking to a lawyer first and
without having a lawyer present with me.

b a) 5
3. SIGNATURE OF INTERVIEWEE --
WITNESSES (If available)
la. NAME (Type or Print)
b (7)6__) 3---
b 1b2c. V"b 6
N RE OF IN GATORb. ORGANIZATION OR ADDRESS AND PHONE
..1.-r h)bea,geb./44,•f4, LiAciG, .rz (bb ib13 -7& ib/2_41
5. -/TYPED NAME OF INVESTIGATOR
2a. NAME (Type or Print)
SA b 1b
6761b12 6 1
6. ORGANIZATION OF INVESTIGATORb. ORGANIZATION OR ADDRESS AND PHONE
TASK FORCE bi CAMP NAMA
Section C. Non-waiver
1.
I do not want to give up my rights
I do not want to be questioned or say anything

2.
SIGNATURE OF INTERVIEWEE

. I want a lawyer .
IDA FORM 2823)SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT
t ! USA

t.b
EDITION OF NOV 84IS OBSOLETE . V 1.1 v .,
DA FORM 3881,NOV 89
1/
DODDOACID 009150
0117-04-CID259
AGENT'S INVESTIGATION REPORT

Page 1 of 1
CID Regulation 195-1

Basis for Investigation: This investigation was initiated based on notification from the 22 nd MP Interrogator, Joint Interrogation Debriefing Center
BN, Mr. 'b I h7C 6 ht. 6 (JIDC), Camp Slayer, may have witnessed detainee abuse. b (a) b (4 )1.b (7)(c)
)
About 0940, 21 May 04, SA efflialliand SA 411111111111111111001.01111. this office, / ii
6,ii)
interviewed Mr.6 ( who stated he typed up everything he knew about and witnessed while
-, )(.,(
at TF 17 i Camp Nama, BIAP, IZ. Mr.41011 0working in theb 7C-LI -1' 6 d-I
b i.
related he was reporting this conduct because he felt the actions were inhumane even though every harsh interrogation was approved by_the J2 of the TF and the medical personnel prior to its execution. He said a guard was reprimanded for giving a hooded detainee a water bottle with
4,41 17s4taed he did not witness the interview but heard about it from the
urine to drink. Mr.b '
1.¦ 4, i4. , b I.b7 6 471,
44 related other harsh techniques, which wereNCOIC he could only identify as-74, 4 P . Mr. 12interrogation sessions, mopping floors, and also believed
used were b 1 _, , ,b//7 7G-el.• .
‘ ii provided a written location of the
the handcuffs, were to tight and caused bruising. mr.
facility and also a written description of the layout of the facility. (See statement) ­
///LAST ENTRY///

h() b(4)i 17(7)0 )

78t'' MPDET Forward (CID)

SA, immommimaliNININNIO

--Baghdad, Iraq APO AE 09342

CID Form 94

Guards:
(
b 7
i) 6 i// 6
Interrogators:.
b 7 L.
Holding Cells:
.
Detainee Handling . Detainees were brought in 6 from their missions. '
Deciding the fate of the detainee: "6 I
EXHIBIT

From: h I b7cbi 6 6 q To whom it may concern, 6
"
Subj: Description of the b at TF b) Camp Nama. BIAP, IZ
Remark: I arrived at TF Camp Nama, BIAP IZ. on April 6,2004 and was transferred out on May 1, 2004. I was assigned there as a Humint Augmentation Team Debriefer/Interrogator. After 3 weeks, they transferred me out because I think they thought that I was not an effective interrogator. I did not feel comfortable watching some of those interrogations. It's not that I couldn't, I refused to conduct my interrogations inhumanely, I tried to conduct my interrogations as professionally as I can to respect their rights because they were in custody not in the front line holding guns against me. One time, I walked out to the bunk to locate one interrogator. They were in the middle of breaking a detainee 1) 76 ti 1, ,1 It was so dark I almost tripped over and fell down at the entrance of the room. I could only hear groining loud human noises and shouting by many people. (I think they were beating the shit out of the detainee.) I could not make out who is who in the room so I left.
Location: Location of ' )f TF 6 j in Camp Nama BIAP IZ
b(

Interrogation Facilities: Tnside the Detention Center,
•I
•b
'

•b

•h
EXHIBIT

1_

f. One medic handling new arrivals over aggressively. The bolded medic aggressively ran to the detainee and ripped up the detainee's pants with a surgical scissors when the detainee was a little bit slow at responding to his command of "take off your pants."
Truly,
,171.106/(
t.)
)
From: b b 76 Li /14-.. Debriefer/Interrogator, Civilian
To: Chief, ? b 6 3

Via: Ops Officer, b l 19 7.T 3 be,. 3
Date: May 8, 2004
Encl: Description of the b I at TF 12 1
Subj: Witnessing of harsh treatment to Iraqi Detainees held in the'
TF- ()) , Camp Nama. BIAP, IZ

This is to report that I have witnessed a few instances of harsh interrogations and inhumane conducts by some interrogators and guards at the h I.of TF while I was assigned there as a Humint Augmentation Team debriefer from April 6, 2004 to
h
-May 1, 2004.
I am reporting these conducts because I feel that these actions were inhumane even though every harsh interrogation were approved by the J2 of the TF and the Medical prior to its execution.
I have witnessed these harsh interrogations thru the monitor in the video room.
Descriptions of inhumane treatments that I observed.
, going through
a. A 1 1 detainee ,6( b -2 1) 6,
cycle of harsh interrogations.

4 The detainee was in the middle of interrogation
b. A detainee, bi b 7 G LI b LI ., going through the b
interrogation

c. b I
A guard being reprimanded and assigned to a desk duty because he pissed in a water bottle
d.
and gave it to a detainee to drink, b

Many
e. Many detainees' wrist were bruised and swollen b •
occasions, I had to instruct the guards

•,',56 ith-t6.01
%Jut. -
11111BIT
2
ROI NUMBER
AGENT'S INVESTIGATIVE REPORT 0016-04-CID343-69355
CID Regulation 195-1

Page 6 of 6 Pages

DETAILS
/ briefed
6.2 ( 6 1 ) On 1 June 2004, SA b7(/.

if-1°A "1

CPT1)1 137L,1 Staff Judge Advocate, Task Force 0.Camp NAMA, Baghdad, Iraq APO AE 09342, on all aspects of this investigation to date. CPTO 064W/opined that the other "inhumane treatment" allegations listed in Mr.bI6W1t4dtatement, were unsubstantiated in that they fell within the Coalition Task Force-7 interrogation guidelines for the period in question.
,.

6.3 (U) On 26 July 04, MAJ 101 b7Cq b bi .01 t3Z, Li/
bO USASOC, Fort Bragg, NC 28310, the supporting Staff Judge
Advocate was briefed on the circumstances surrounding the incident.
(0 MAJliMi4bOopined there was not sufficient probable cause to believe
that PV2 ~committed the listed offenses of Cruelty and

1) Maltreatment; and Threatening Communications. The provided
testimonial evidence coupled with the circumstances surrounding the
event did not indicate PV2 41111Pcommitted a criminal offense.

////////////////////////////LAsT ITEM///////////////////////////////
YPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION
,b 9 1 12 6 I (Protect} TF 1 CID Camp Nama, Baghdad, Irag APO AE 09342
SIG NATURE DATE EXHIBIT 1
4 August 2004
CID FORM 94-E 4 4k... 10

AGE NT'S INVESTIGATIVE REPORT CID Regulation 195-1 ROI NUMBER 0016-04-CID343-69355 Page 5 of 6 Pages
DETAILS

received written counseling from his
chain of command for being unprofessional.

Ai detainee, Mr. 41111. PV2 .

A Additionally, 171 004 Wsaid PV2 received remedial guard
training; was placed on front desk duty away from prisoners for two

0()

weeks; and was evaluated by the facility psychologists before
returning to normal duty.

4.6 ( 1 b6 y.) b1 h "C - b 6 L/"NCOIC, Task Force b Cam• NAMA, Ba•hdad, Ira , APO AE 09342: At 2241, 30 May 2004, SAhlh7c1.regarding the matter
interviewedhi b-76q b6.under investigation. He provided a sworn statement (Exhibit 14) (05 concerning his knowledge of the incident. ,b-/ outlined the / incident and the corrective action prescribed by PV2 MOM chain of command. I stated the matter was an isolated incident and 1(Y1 he did not believe there were any systemic problems concerning the guard force.
5. (U) OTHER INVESTIGATIVE ASPECTS:

5.1 ( ) On 30 May 2004, SAI3( b/c1 0.) reviewed the h ) guard log and

verified PV24111111.11fterformed guard duty between 1500 and 2130 on 19
(j5 April 2004.

b) /

5.2 ( ) On 30 May 2004, SA00 19(e/ obtained copies of three

separate of DA FM 4856, General/Developmental Counseling Forms
(Exhibit 15) pertaining to the alleged incident. The counseling
forms reflected the corrective action taken by PV2 411111011chain of
command.

6. (U) STAFF JUDGE ADVOCATE (SJA) COORDINATION:

1(4)3

I

6.1 (U) On 31 May 2004, SA biLl b4 briefed COL
Coalition Task Force-7, Camp Victory, Baghdad International Airport,
Baghdad, Iraq APO AE 09342, on findings of the investigation to date.

ORGANIZATION

YPED AGENT'S NAME AND SEQUENCE NUMBER

TFb / -CID

• b-I Vic—\ (Protect) Camp Nama, Baghdad, Irag
APO AE 09342

EXHIBIT 1
DATE
SIGNATURE

4 August 2004

••• 1W..r.
CID FORM 94-E _ _
ROI NUMBER

AGENT'S INVESTIGATIVE REPORT 0016-04-CID343-69355
CID Regulation 195-1

Page 4 of 6 Pages
DETAILS
4.4 ( TF , Camp NAMA,
6- (") 1, (
Baghdad, Iraq, APO AE 09342: At 1800, 27 May 2004-, SA j,--/./ interviewed6- ( 1:70-Woloncerning hip, knowledge of the matter under investigation. According to_6-Lia -t/b0 during January 2004, the TF 6--( Commander directed him to formulate Standard Operating Procedures _
(SOP) and to provide leadership at the b-Lit-lbC 4freported that he was the 6-, between 20 Jan 04_ and_ 15 April. 04. He pelieved the allev.i2ns outlined by Mr.6-1 were false.b -/ b"Z--(-1/7P7oloined that Mr .6--( W7-ufa!89 Ineffective as an interrogator because his (Mr. b--/ b7C-Y-66-7-training was in Strategic Debriefing, which is a different skill set from that of an interrogator. Secondly, Mn,-! was not working at the 5-I long enough to shape a credible assessment of the inner workings of the facility. b-( 177-4..4returned to the United States
prior to Mr.L-/
) Regarding incidents of detainee abuse,C--(L .Z-/ stated there were no reported incidents of detainee abuse during the time he had oversight of a guard force comprised of soldiers from HHS /1-21 FA, 1st Calvary Division -1 h7(.4.bCADrovided copies of they' Guard Force Standard Operating Procedures and training program (Exhibits 11 and
12)
(U) During March 2004, the Department of the Army Inspector General
(IG) Facility Inspection Team inspected the h-t . They opined that the (0 -( had the appropriate oversight in place and thorough standard operating procedures. The/-1 was considered as a model facility.
7 6,)Li W-1)04 related he received an IG coin of excellence on behalf of the facility from The Inspector General (TIG) of the Army.
,
4.5 ( 6 -1") "b - L OIC, 12-1 ' , Task
Force b _ , Camp NAMA, Baghdad, Iraq, APO AE 09342: At 2233„ 30 May' ./. 2004, SA 6-\ oc.. f Winterviewed b 1 hmcf 6(7)(x ) ,./ regarding the matter under investigation. He provided a sworn statement (Exhibit 13) --
i(.1-9T1
concerning his knowledge of the incident and the corrective action ,- taken by the PV2 iliaratichain of command. b( maintained UL there was no indication that PV2 ellapabused or humiliated the
ORGANIZATIONYPED AGENT'S NAME AND SEQUENCE NUMBER
" TF b-1 -CID
. (Protect) Camp Nama, Baghdad, Irag
137&-66-)
APO AE 09342
DATE EXHIBIT 1
SIGNATURE
4 Aucrust 2004
CID FORM 94-E
U J -.
immmuralER

AGENT'S INVESTIGATIVE REPORT 0016-04-CID343-69355
CID Regulation 195-1

Page 3 of 6 Pages
DETAILS
4. (U) INTERVIEW OF WITNESSES:

4.1 ( SPC HHS/1-21FA, 1st Calva Division, (TFL-NAMA), Baghdad, Ira
1110
APO AE 09342: At 1700, 19 April 2004, SPC 411111111.1111provided a sworn statement (Exhibit 8) detailing his knowledge of the matter under investigation. SPC 11111111111111111 said while conducting security checks
-\) 0 with PV2 they discovered a bottle of urine in cell #4, which housed Mr .41/11101 According to SPC-4111111111 he observed PV2 411111111 A") question Mr. 41111111111 about the presence of urine inside the water --\M(
[0 bottle. SPC 611111111, did not observed PV2 mistreat or force Mt. mopto drink the discovered urine from the bottle.
0.
(Oil b(7X6-)
Agent's Comments: In the statement of SPC 01111111111ft he refers to PV2
41111111Mas 4111111111.
6 (4) b (7) a s" b COI/ b (06-)
4.2 ( SPC
HHS/1-21FA, 1st Calvary Division, (TF Camp NAMA), Baghdad, Iraq APO AE 09342: At 1250, 21 April 2004, SPC ilIllIll.provided a sworn statement (Exhibit 9) concerning the matter under investigation. According to SPC allk, PV2 Ltold him that he "made the detainee
) 1.'7 (Mr. MINOW) smell the urine" but Mr. MOIMMW was not forced to drink . 453r) the urine. SPC gimp was alarmed when he heard this information from PV2 mowand instructed PV2 AMBOWnever to do anything "crazy" like that again.
4.3 b-1 )
HHS/1-21FA, 1st Calvary Division, (TF Camp NAMA), Baghdad, Iraq APO AE 09342: At 1531, 21 April 2004, _SGT INIMIR guard shift leader, provided a statement (Exhibit 10), however, he could not provide any information that-would add to-the furtherance of this investigation.
YPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION

TF b-( -CID
(Protect) Camp Nama, Baghdad, Irag
&7(--I .1)6 -(
APO AE 09342
EXHIBIT 1
siwazum DATE

4 August 2004
CID FORM 94-E
mmuramR
AGENT'S INVESTIGATIVE REPORT 0016-04-CID343-69355
CID Regulation 195-1

Page 2 of 6 Pages

DETAILS
bC6) I bt7)(c)/

(U) Agent's Comments: According to agents INIMMEMINO and ,
Mr1-1 refused to be sworn to his prepared statement.

b_ I b7c-' ) The &'1 as mentioned during the interview of Mr.b4 was further identified as k,-I.
/34.-4(

b-TFL-/ Camp NAMA, Baghdad, Iraq APO AE
09342.

2. (U) INTERVIEW OF SUBJECT:

b 60,5-I, C7 )k)
2.1 ( ) PV2 HHS/1-21FA, 1st Calvary
Division, (71!!!!!!!!!!!!0, Baghdad, Iraq APO AE 09342: SA

6,( b7-4A,Oidentified PV2 as the guard mentioned in Mr. 8-/A?"--Yi64
statement. On 29 May 20041,111!!!!167(41L -1 advised PV2 -of his
legal rights for aggravated assault, which he waived and provided a
prepared statement, dated 21 April 2004 (Exhibits 4 and 5). PV2

71,4 15ilm, said he became agitated at detainee Mr. SIIIMINIMMI

6Dbil 11111.111.. when he discovered that Mr. 411,11urinated in a water
bottle within in the confines of the holding cell which violated
facility rules. PV2 denied that he forced Mr. 41111.to drink
the urine, however, he did hold the bottle near Mr. 41111111pnose.
PV2 ...related he put the bottle near Mr. 41111.1knose in an
effort to insure Mr. knew this was unacceptable behavior.

3. (U) INTERVIEW OF VICTIM:

3.1 C b-76-11,b6 1 Mr. National
tl Identification Bah dad Correctional Confinement Facilit

\

(BCCF), Baghdad, Iraq:. On 9 June 2004, SA , Prisoner
) Lo Interrogation Team (PIT) (CID), BCCF, Abu Ghruyeb 09342, responded to
0 a request for assistance, d30 May 2004 from TF 6-1 -CID to
() locate and interview Mr. . SA disdovered that Mr.

had been released from the BCCF on 6 June 2004, therefore-, was —
unable to obtain corroboFatiygii(nf-orma ion to substantiate the abuse
allegations made by Mr.1.-provided an Agent's

71 b7C:1-h.
Investigative Report (Exhibit 6) and Mr. dossier (Exhibit
7).

YPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION

TF1-1 -CID

( 177(_ ( 1, 6 -I (Protect) Camp Nama, Baghdad, Irag APO AE 09342
SIGNATURE DATE EXHIBIT 1
4 August 2004

• CID FORM 94-E uut
ROI NUMBER
AGENT'S INVESTIGATIVE REPORT 0016-04-CID343-69355
CID Regulation 195-1
Page 1 of 6 Pages
DETAILS
( ) BASIS FOR INVESTIGATION: On 22 May 2004, the- 78 ti-1 Military Police Detachment (CID) (FWD), Baghdad, IRAQ APO AE 09342, notified this office of an allegation of detainee abuse occurring at the
, Camp NAMA, Baghdad International
b- (
Airport (BIAP), Baghdad, Irag M50 AE 09342.
(U) Mr. .b4.-Debriefer/Interrogator, Joint
Interro7ation Debriefing Interrogation Center (JDIC), : , Iraq Survey Group (ISG), Baghdad, Iraq,
b— .
APO AE 09342., reported that while he was assigned to the-/ , a
guard was reprimanded and assigned -to desk duty because he (the guard) urinated in a water bottle and gave it to the detainee to drink.
1 17e-if
(U)
Agent's Comments: It should be noted that'' was assigned to the 5-I between 6 1April 2004 and 23 April 2004. The t:•-/ leadership suspended b-I 11C-i(Afbr poor performance, explaining that he was ineffective as an interrogator. There were indicators that may have had an ulterior motive for making the complaint.

(U)
Narrative:

1. (U) INTERVIEW OF COMPLAINANT: b(6) 6)(6)
1
isowl
1.1 Mr. Cin(-7)2 Mgay 2004, SA and SA Mr 78th MP Detachment (CID , Bag a , rag, APO AE 09342,
p interviewed Mr. and obtained a prepared statement (Exhibit 2), 3 dated 8 May 2004. Agents MOM and Mai documented their
\O
contact with Mr.6-1,10efin an Agent's Investigation Report (Exhibit 3) . OL Mr.b-1)7lOrelated that he was reporting the conduct because he felt the _
D
actions were inhumane even though the J2-6-I and the medical
personnel approved the interrogation prior to execution. Mr.1)-1 ) L7C-f L‘-lf
reported he did not witness the "urine—drinkin-git-incident but. heard -
about it from thel,-- I NCOIC, identified asb-I 6 -X-L( in his prepared
statement. birrif
ORGAFZATIONYPED AGENT' S NAME AND SEQUENCE NUMBER
17-" uo---t (Protect) TFJ7.-•CID Camp Nama, Baghdad, Irag APO AE 09342
SIGNATURE DATE SIT
4 Aucrust 2004

- • taz ur
CID FORM 94-E ?!1
Task Force b/\ -CID
SUBJECT: SUBJECT: (U) CID REPORT - FINAL - 0016-04-CID343-
69355-5C2A/5C2B/5T1

The originals of exhibits 1, 4, 6 and 12-14 are forwarded with
the USACRC copy of this report. The originals of exhibits 5, 8-
10 and 15 are retained in the personnel files of HHS/1-21 FA,
1st CAV, Baghdad, Iraq APO AE 09342. The originals of exhibits
2 and 3 are retained in the files of 78th MP Det (CID) Baghdad,
Iraq APO AE 09342. The original of exhibit 7 is retained in the
files of the BCCF, Baghdad, Iraq.

(U) STATUS: This is a Final Report.

DISTRIBUTION:
1 -( ) CDR, TF CW4, MP
1 -(U) SJA, CTF-7 Special Agent-In-Charge

1 -( ) SJA, TF
1 -(U) DIR, USACRC
1 -(U) File

4
OiLha.611ILtii

L4C-

Task Force 6' . -CID
SUBJECT: SUBJECT: (U) CID REPORT - FINAL - 0016-04-CID343-
69355-5C2A/5C2B/5T1

(U) EXHIBITS:

Attached:
1

1. ( ) Agent's Investigative Report (AIR) of SA -L.4 L7t4c,"'dated
4 August 2004.

126
2. (U) Statement of 9-( b7c--dated 8 May 2004.

3. (U) AIR of SA dated 21 May 2004,
detailing the interview

4. (U) Waiver Certificate of PV2 41111111.11 dated 29 May 2004.

( Os-
5. (U) Statement of PV2 ONIMMIdated 21 April 2004.

6. (U) AIR of SA mommt dated 9 June 2004.

7. ( b --( J Dossier of Mr. omit b(c)i-/
h(7)c)

8. (U) Statement of SPC 41111010 dated 19 April 2004.

9. (U) Statement of SPC dated 21 April 2004.

10. (U) Statement of dated 21 April 2004.

11. (U) 6-1 Guard Force SOP.

12. (Uq-) . Guard Force Training Program.

13. ( ) Statement of 13,4, 157C1 b41 dated 30 May 2004.

14. ( ) Statement of b-1 ba-lf bOdated 30 May 2004.

15. (U) Three General/Developmental Counseling Forms of PV2

IMO
3

03
th-1:1.:tuz.,ut.
Task Force b -) -CID
SUBJECT: SUBJECT: (U) CID REPORT - FINAL - 0016-04-CID343-
69355-5C2A/5C2B/5T1

1 Investigation established that the offenses of Cruelty
and Maltreatment; and Threatening Communications did not occur
as alleged by b-1 b7t,Li-b6,4 reportedly heard about the
incident through rumor. He declined tp provide a sworn statement
to support his allegations claimed that the guard
urinated in a bottle then gave it to the detainee to drink.
This information could not be corroborated by testimony.

( ) Investigation disclosed that PV2 411001111did act

06)3--

unprofessionally in the performance of his guard duties by
yelling at Mr. unnecessarily; however, his actions wereb(7)(6)-5'
viewed not to be criminal in nature. Consequently, PV2 MEM
did not commit any criminal offense and the offenses of Cruelty -
and Maltreatment; and Threatening Communications are unfounded.

()(4,),5' b 6)4-) s

(U) PV2 41111111ftreceived written counseling and corrective
training from his chain of command. Subsequent investigation,
disclosed no systemic incidents of detainee abuse concerning the

guard force.

( ) Prior to being interviewed by the Prisoner Interrogation Team, Mr. immil was released on 6 June 2004, by officials at the 6_ ( b (4) v
_h(7)(c)
(U)
This investigation was held in abeyance pending the
interview of Mr. mem

(U)
STATUTES:

(U)
Article 93, UCMJ: Cruelty and Maltreatment (Unfounded)

(U)
Article 134, UCMJ: Threat, Communicating (Unfounded)

2 r' 2
"
Page(s)

q7 - Cv2

Referred to:
U.S. ARMY HUMAN
RESOURCES COMMAND ATTENTION: AHRC-FOI, RM 7S65 200 STOVALL STREET ALEXANDRIA, VIRGINIA 22332-0404
MR. THOM JONES thom.jones@hoffmansarmy.mil
(703) 325-4053

Doc_nid: 
2441
Doc_type_num: 
66