CID Report: 0175-04-CID259-80269

DEPARTMENT OF THE ARM1,
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
3rd MILITARY POLICE GROUP (CID)
78th MILITARY POLICE DETACHMENT (CID) (FWD)
BAGHDAD, IZ
APO AE 09342
CIMPR-FR 2 Aug 04
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: CID REPORT OF INVESTIGATION —FINAL - 0175-04-CID259-80269--
/5C1/5Y2E
1. DATES/TIMES/LOCATIONS OF OCCURRENCES:
1. UNKNOWN DATE/UNKNOWN TIME/UNKNOWN LOCATION
2. DATE/TIME REPORTED: 23 Jul 2004, 0900
3. INVESTIGATED BY: SA SA 01.1111114011.1111 SA _
4. SUBJECT: 1. (UNKNOWN); (NFI); [AGGRAVATED ASSAULT (INSUFFICIENT
EVIDENCE)] [CRUELTY AND MALTREATMENT (INSUFFICIENT EVIDENCE)]
5. VICTIM: 1. (UNKNOWN); (NFI); [AGGRAVATED ASSAULT (INSUFFICIENT
EVIDENCE)] [CRUELTY AND MALTREATMENT (INSUFFICIENT EVIDENCE)]
INVESTIGATIVE SUMMARY:
This investigation was initiated subsequent to receiving request for investigation (RFI) 0288-04-
CID001 from the United States Army Criminal Investigation Command, 6010 6 th Street, Fort
Belvoir, VA 22060-5506 (USACIDC), which requested this office investigate allegations
documented in an excerpt from the International Committee of the Red Cross (ICRC) on the
treatment by the coalition forces of prisoners of war and other protected persons by the Geneva
conventions in Iraq during arrest, internment and interrogation, dated Feb 04.
The conduct of this investigation could not determine if the offenses of Aggravated Assault and
Cruelty and Maltreatment were committed, due to the victim could not be identified.
All investigative leads were exhausted, by this office.
STATUTES:
Article 128, UCMJ: Aggravated Assault (Insufficient Evidence)
Article 93, UCMJ: Cruelty and Maltreatment (Insufficient Evidence)
FOR OFFICIAL USE ONLY
LAW ENFORCEMENT SENSITIVE DODDOACID-005601
Report P .„(Report Approved
Special Agent, Special Agent in Charge
0175-04-C1D259-80269
EXHIBITS/SUBSTANTIATION:
Attached: , nefll
f
1. Agent's Investigation Report (AIR) of sAfIliffiallea. 29 Jul 04, detailing the receipt of
RFI; coordination with SJA, MNF-I, Camp VielOW;iraqind 22 nd Military Police Battalion
(CID), Camp Victory, Iraq.
6 76 4/ 6674
2. AIR of S
a xM.E is office, 23 Jul 04, coordination with 22 nd MP BN
3. (3-1 through 3-26) International Committee of the Red Cross Report, 10 Feb 04.
Not Attached
None.
The originals of Exhibits 1 and 2 are attached to the USACRC copy of this report. The location
of the originals of Exhibit 3 is unknown.
STATUS: This is a Final Report. Commanders Report of Disciplinary Action Taken (DA Form
4833) is not required.
(CID), Camp Victory,
Distribution:
1- DIR, USACRC, 6010, 6th Street,FortBelvoir, VA 22060-5506 (original) (.276-m-
1 - USACIDC (ATTN: Ms. 4111111111111. (e-mail only)
1- THRU:
CDR, 22nd MP BN (CID), APO AE 09342
CDR, 3rd MP Group (CID)
TO: CDR, USACIDC, ATTN: CIOP-ZA, Fort Belvoir, VA 22060
1- PMO, MNF-I (e-mail only)
1- CID LNO, MNF-I, APO AE 09335 (e-mail only)
1776" - -
I - Detainee Ops (ATTN: CO (e-mail only)
1- SJA, III Corps (ATTN: CP e-mail only) i2 7 C. ' 3 16-` 3
1- File
2
FOR OFFICIAL USE ONLY
LAW ENFORCEMENT SENSITIVE DODDOACID-005602
Lei
ORGANIZATION
78114 MP DET (CID)(FWD)
0 'r BAGHDAD, IRAQ
L.,
FOR OFFICIAL USE ONLY
1 FE 77 LAW ENFORCEMENT SENSITIVE DODDOACID-005603
DATE
29 Jul 04
EXHIBIT
ROI NUMBER
AGENT'S INVESTIGATION REPORT 0175-04-CID259- Veir-(4,4
CO Regulation 195-1
DETAILS
BASIS FOR INVESTIGATION: 177 1
About 10, 21 Jun 04, S
PAGE 1 OF 1 PAGE
received a Request for Investigation from U.S. Army Criminal
G41-I
Investigation Command, Fort eNoir, VA that an allegation of detainee abuse was reported to the International
Committee of the Red Cross, wherein an unknown 61 year old person was tied, hooded and forced to sit on a
hot surface, which caused severe burns to his bupto9k5.
-7,
./ A ,... 6764, S.‘_ -46 .1-- fr- ,
About 1300, 23 Jun 04, SA d S 41111101/11/11181. this office
coordinated with CPT SJA, MNF-I, Baghdad, Iiaq,Wlio reviewed his files, Vb:
which did not disclose any ortnation pertaining to this investigation. CPT... stated ICRC hasnever
released names of alleged victims, due to possible repercussions directed towards the detainee. CPielm. (.7
provided a copy of the ICRC report pertaining to detainee treatment. A review of the report did not disclose
any names relative to this investigation. CPT stated he did not know the location of MAJOIM but
6-76-4,66-) believed she was co-located with CENTCOM. . /214'li
6 70-14 -/ 7C -If 44.--(
About 1330, 23 Jun 04, S and S.4 oordinated with CO IMIN/Maala SJA,
MNF-I, Baghdad, Iraq, who advised no contact should be made with the ICRC due to the sensitive relationship
they have with the coalition forces. Also, the ICRC respects the confidentiality of the detainees and will not
provide any names of the victims due to the fear of possible repercussions directed towards the detainee.
7 About 1315, 29 Jul 04, SA coordinated with 22' MP BN (CID), Camp Victory, Iraq and
obtained the full identity of MA Office of the Staff Judge Advocate,
CENTCOM, MacDill AFB, Fl.///Last Entry/// 6,7
C tee
DODDOACID-005604
12:71e'
TYPED AGENTS NAME AND SEQUENCE NUMBER
78th MP Det (CID) (FWD), 09342
CID FORM 94-E EXHIBIT
AGENT'S INVESTIGATION REPORT 0175-04-CID259 we cf,
CID Regulation 195-1
PAGE 1 OF 1 PAGES
DETAILS
During administrative review by 22" 6 Military Police (MP) Battalion (BN), (CID) (FWD), APO AE 09342 it was determined
this office needed to re-open this investigation as a Report of Investi ton Rs;) complete additional investigative
activity. This office needs to locate, fully identify, and interview MA hief, International Law, CENTCOMCCJA
(NFI) to obtain additional information to assist this investigation. ST ENTRY/// 6
ite6
1 OCT 95 PROTECTIVE MARKING IS EXCLUDED FROM
AUTOMATIC TERMINATION (Para 13, AR 340-16)
(When Data Is Entered)
ge(s)
S- 30
ElaiRe•nnnnnn••nnn•nnXlin......11.1744.01.-
Referred to:
U.S. CENTRAL COMMAND
7115 SOUTH B UNDARY BLVD
ATTN: CCJ6- M
MACDILL AI FORCE BASE
FLOM►A 32621-5101 -
MS. JACQUELINE SCOTT
scottic@centcom.smil.mil
(813) 827-5341/2830
DODDOACID-005605
UNCLASSIFIED - FOR OFFICIAL USE ONLY
DATE: 27 JULY 2004
FROM: SAC, 78TH MILITARY POLICE DET (CID) (FWD)
TO: DIRECTOR, USACRC, USACIDC, FORT BELVOIR, VA
CDR, HQUSACIDC ATTN: CIOP-ZA, FORT BELVOIR, VA
CDR, 22HD MILITARY POLICE BATTALION (CID) (FWD)
CDR, 3D MILITARY POLICE GROUP (CID)
CDR, 78 TH MILITARY POLICE DET (CID) (FWD)
MNF-I, CHIEF OF STAFF, DETAINEE OPS
PROVOST MARSHAL, MNF-I
LNO CID, MNF-I (FOR FURTHER DISTRIBUTION)
SUBJECT: CID REPORT OF INVESTIGATION -INITIAL/SSI - 0175-
04-CID259-80269-/5C1/5Y2E
11111111111111111111/111"
DRAFTER : SA
RELEASER: SA
1. DATES/TIMES/LOCATIONS OF OCCURRENCES:
1. UNKNOWN DATE/UNKNOWN TIME/UNKNOWN LOCATION
2. DATE/TIME REPORTED: 23 JUL 2004, 0900 HRS
3. INVESTIGATED BY: SA SA
SA
4. SUBJECT: 1. (UNKNOWN); (NFI); [AGGRAVATED ASSAULT]
[CRUELTY AND MALTREATMENT]
5. VICTIM: 1. (UNKNOWN); (NFI); [AGGRAVATED ASSAULT]
[CRUELTY AND MALTREATMENT]
6. INVESTIGATIVE SUMMARY: THE INFORMATION IN THIS REPORT
IS BASED UPON AN ALLEGATION OR PRELIMINARY INVESTIGATION
AND MAY CHANGE PRIOR TO THE COMPLETION OF THE
INVESTIGATION.
THIS IS AN "OPERATION IRAQI FREEDOM" INVESTIGATION.
ON 21 JUN 04, THIS OFFICE RECEIVED REQUEST FOR
INVESTIGATION (RFI) 0288-04-CID001 FROM THE UNITED STATES
ARMY CRIMINAL INVESTIGATION COMMAND, 6010 6 TH STREET, FORT
BELVOIR, VA 22060-5506 (USACIDC), WHICH REQUESTED THIS
OFFICE INVESTIGATE ALLEGATIONS DOCUMENTED IN AN EXCERPT
FROM THE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) ON
THE TREATMENT BY THE COALITION FORCES OF PRISONERS OF WAR
AND OTHER PROTECTED PERSONS BY THE GENEVEA CONVENTIONS IN
UNCLASSIFIED - FOR OFFICIAL USE ONLY DODDOACID-005606
UNCLASSIFIED - FOR OFFICIAL USE ONLY
IRAQ DURING ARREST, INTERNMENT AND INTERROGATION, DATED.FEB
04.
PRELIMINARY INVESTIGATION REVEALED THE ICRC REPORT RELATED
A 61-YEAR OLD PERSON ALLEGED HE WAS TIED, HOODED AND FORCED
TO SIT ON A HOT SURFACE OF WHAT HE SURMISED TO BE THE
ENGINE OF A VEHICLE, WHICH CAUSED SEVERE BURNS TO HIS
BUTTOCKS.
ON 23 JUN 04, COORDINATION WITH THE OFFICE OF THE STAFF
JUDGE ADVOCATE, MULTINATIONAL FORCE - IRAQ, BAGHDAD, IZ,
DISCLOSED THE ICRC HAS NOT RELEASED THE VICTIM'S NAME DUE
TO POSSIBLE REPURCUSSIONS DIRECTED TOWARD THE DETAINEE.
ON 23 JUN 04, A REVIEW OF THE COMPLETE REPORT GENERATED BY
THE ICRC DISCLOSED NO FURTHER INFORMATION PERTAINING TO
THIS INVESTIGATION.
ON 24 JUN 04, THIS INVESTIGATION WAS CLOSED IN THE FILES OF
THIS OFFICE.
ON 23 JUL 04, DURING AN ADMINISTRATIVE REVIEW OF THIS CASE
FILE, IT WAS DETERMINED A REPORT OF INVESTIGATION SHOULD BE
INITIATED AND FURTHER INVESTIGATIVE ACTIVITY CONDUCTED.
EFFORTS ARE ON GOING TO LOCATE, FULLY IDENTIFY, AND
INTERVIEW THE UNKNOWN SUBJECT(S) AND UNKNOWN VICTIM.
INVESTIGATION CONTINUES BY USACIDC.
7. COMMANDERS ARE REMINDED OF THE PROVISIONS OF AR 600-8-2
PERTAINING TO SUSPENSION OF FAVORABLE PERSONNEL ACTIONS AND
AR 380-67 FOR THE SUSPENSION OF SECURITY CLEARANCES OF
PERSONS UNDER INVESTIGATION.
8. CID REPORTS ARE EXEMPT FROM AUTOMATIC TERMINATION OF
PROTECTIVE MARKING IN ACCORDANCE WITH CHAPTER 3, AR 25-55.
DODDOACID-005607
UNCLASSIFIED - FOR OFFICIAL USE ONLY 32
r
.---;.Ti- i6WikliYr:
- •, , ' •-... : .-- '''''.,
•-,1 .. 0..
a SE
SOF!Oatalnee
- __:,,•.;."',4 •• - ,.' .7.' ( '''':-=',. .,-.C'y
.:- , n..i.i'-'..• :••:4.:.! . ;4'.*:**43F9i1V..1
Coordinate with M
__... ..._...,„....
•,-" ,' • ' . - --'''''141:7:: ': --r•- • • SEQUENCE NUMBER
',, , :.:.,. -..... • . .:0175-04-CID259- .
- • .. ‘,..,;•:: it—
'4-,• ,4-' -- - .
DATE
21 JUN04
#,: ', ts.1 -v-
21 JUN 04
SUBJECT/ UNKNOWN ...7, . Cli....E-10
Abuse VICTIM Unknotvn
A ••• ...d'.. ,--r. .,-.-r- `i-;-:- ,,,, ,'f'.. '`•':
•--,.., 17..v. '
. . • • it ..' e -1 .. . 0 : '.. I, :I'
L.. , ., ',.._ ..t..,.,' .6.Lerl '• :;141.":44:-...4 : ; .
1A 7er 3,
• .4
A •.%
,,..- - -4,1;
• . .--,.. -11.
21 Jun 04
Locate, identify and interview persons involved in the capture and detention of the
unknown person
Obtain medical records pertaining to the unknown person
•
21 Jun 04 \
21 Jun 04 Locate. Fully identify and interview unknown victim - '
21 Jun 04 Locate, Fully ID and interview attending physician
...,.
a 1.111111111 I IllEffif.A IMC:—:T ;VC 3—r i f Aj Fkifi :::1- ;,Nr.,:- F,I.S
---- ..,PHONE NUMBER 1 cm 4. - hours
24 hours
1 duty day
5 duty days
5 duty days
10 duty days
15 duty days
15 duty days
15 duty days
30 cal ddaa ys
ACTIVITYJPERSON
th 1 1=n( '&in.L=
EYE WITNESSES INTERVIEWED
EVIDENCE DEPOSITED
LAB REQUESTS
FIFA'S SENT OUT
MEANINGFUL INV ACTIVITY
RFA FOLLOW UP
KNOWN SUBJ FINALS
UNFOUNDED FINALS
UNKNOWN SUBJ FINALS
DODDOACID-005608
AGENTS ACTIVITSVNIMARY
(CW Regulation
Control Number
0175-04-CID259- 51 0 ZAPS
TIM DATE, AND AGENT
1000, 21 Jun 01.1
SUMMARY OF INVESTIGATIVE ACITIVITY
BASIS FOR INVESTIGATION: al 6 4--e
About 1000, 21 Jun 04, S. 'lied a Request for Investigation
from U.S. Army Criminal Investigation Command, Fort Belvoir, VA that an
allegation of detainee abuse was reported to the International Committee of the
Red Cross, wherein an unknown 61 year old person was tied, hooded and forced
to sit on a hot surfaCe, which caused severe bums to his buttocks.
1300, 2.1 .un_04. Assembled case file. To SAC for review.
(//l Mid
2) auk) 04 oc Rem) .0;
WWI I Gera . trfforis
6R--(f
666-/ sA Oftiiitaft
CID FORM 25 PREVIOUS EDITIONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED
9.
DODDOACID-005609
Control Number
017544-CID259- k
TIME. DATE, AND AGENT SUMMARY OF WITST1GATIVE ACMYITY
1300 23 Jun 04 Coordinated with SJA. (See AIR for details)
411111* 04-1,
0930, 24 Jun 04 Made copies of ICRC report.
1111111111116 67C-6 P607 File to SAC for review. No victim information would be provided to this office.
5ACEsist.to .,,,
15 Eiglo. clank sa140 pm) v)1 a a o
tocarg5 -goit s. Ac".1 ar oel
A s & r.esv 6-t -f-kart ciiron014A0cg ,
ogb tA;11( 4Lis- -gL . s 4g/41w
kt-e etc4;0;414 pec, 0.14 -14 o- etc°
. ISS
stOOS rtAtitsa itapinj.&41teetl7k4 Meartuarior.
AGENTS ACI1VIThtlivIMARY
(CID Regulation 195-1)
9c4-1-0A7oui
CID FORM 28
• •l.. PREVIOUS EDITIONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED
•
DODDOACID-00561 0
AGENTS ACTIVITY SU
(CID Regulation 195-1)
WARY ..=1 Control Number
0175-04-CID259 10'u
SURNORT OF INVESTIGATIVE
During administrative review by 22"`F Military Police
(MP) Battalion (BM, (CID) (FWD), APO AE 09342 it was
determined this office needed to re-open this
investigation as a Report of Investigation (ROI) to
complete additional investigative activity. This
bffi e..ne te, fully identify, and interview ...
MAJ Chief, International Law, 674,- -) 6°
CENT =.' 'TtirIl to obtain additional information to
assist this investigation
lb 'FA 112-40:71"517t
CID FORM 28
1 Oct 80 PREVIOUS EDITIONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED f33
DODDOACID-005611
AGENTS ACTIVIT MMARY Control Number
CID R Intim 195-1
-"S
0175-04-CID259-80259
TIME, DATE, AND AGENT SUMMARY OF INVESTIGATIVE ACTIVITY
1100 27 .hin 04
bie -6 6 4---1
According to the RFI, USACIDC already coordinated with MAX who
MNF-I has overall responsibility for the haq theather of °pennons. MAJ
fated to USACIDC that MNF-I was responsible to make both policy and
eterminations concerning allowing USACIDC access to ICRC employees. 76--3A
Further USACIDC was unable to obtain additional information concerning the
ICRC allegations through mAysit 6
Coordination was already made with COLIFIRMNF I, SM, Camp
Victory, Iraq who advised this office not to t C regarding the
allegations. (See AIR dated 21 Jun 04)
Drafted initial report.
eg•
To SAC for review.
A7 lu (ALI crArrissz his a a
MM. ebOrt er& C101.2:P ,
*4(
67d.-/f c--/
SA11111111111.
CID FORM 28
I Oct 80
PREVIOUS EDITIONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED
5
DODDOACID-005612
T ME, DATE, AND AGENT
6-74-66 PI
1 AGENTS ACTIVITY SUMARY Control Number
(CID R % slag= 195-1) 0175-04-C111259-80269
SUMMARY OF INVESTIGATIVE ACITIVITY
Coordinated with MP CID),, Camp Victory, Iraq and obtained the full
identity of MAJONIMMOOffice of the Staff Judge Advocate,
CENTCOM, MacDill AA3,11. 6 7c.
All investigative leads were exhausted. Will draft finalg report.
i Po, z9.$",A1 o ; 11.-0.E to/ trelowt -re, roe peed,;,9,4/
L-1,6
31 co4
111111111111 ":"4
Au 6 opt
Atorm,..,14 Art„,1 . Conv,J- c1.4
SA-C
12zu ;40.)42g TINA c.- •
/n0132-COect 4(6944 /elfin') ria P142._ -.6r cloture_
corpeci-ims Aaao, fAsi
/Wilt? for h;s14-0
oszspiE (3- At mode,
6:)(q\dc .n/cl-16
CID FORM 28
Oct 80
PREVIOUS EDITIONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED 5
DODDOACID-005613
Control Number
Nrolas+a,
0175-04—C1D259-80269
AGENTS ACTIMTSUMOOM
(CID Regulation 195-1)
TINE, DATE, AND AGENT mew 01 INVESTIGATIVIACITIVITI
1000, 24 Sep 04 Rebuttal for Detainee Assessment Task Force:
Request for Correction (0555-04-CID001)
111111111111111
b7 c.:
la. Whether any medical treatment records existed at
Camp Bucca that could have documented the incident or
provide data for victim/suspect identification.
SAC's Comments:
During previous investigations involving detainees it
was determined Camp Succa requires a name, an 'SW or
NDRS to conduct any query. Without a detainee
identification number, then medical can not query an
medical treatment records. The medical personnel
located at Camp Sluice do not have 2003 treatment
records on hand.
This office omitted the information in this case file.
lb. No interviews of Camp Bucca medical personnel or
explanations.
SAC's Comments:
During previous investigations involving medical
personnel located at Camp Suede, it was determined the
medical personnel at Camp Bucca during Sep 03 have redeployed
before the incident was reported to this
office. This office omitted the information in this
case file.
lc. No indication that any type of record at Camp
Bucca (e.g. capture, interrogation or ISN) was checked
to identify anyone within the victim's age range (61)
or any explanation provided.
SAC's Comments;
During previous investigations involving detainee
personnel, it was determined Camp Bucca requires a
name or an ISN/NDRS (identification number) to locate
any detainee personnel. This office omitted this
information in this case file, I1* .
ld. AIR of SA - ' - 23 Jul 04, list a lead that was not pursue oPrI eNxp*la ined further.
SAC'S Comments:
did not explain further because SA &7C---4
AAS entry, 1100, 27 Jun 04, which
documents USACIDC obtained all information from NAJ
imilliat the onset of this investigation. C.--7C_--3,6 5
6
CID Mid 28
1 Oct 80
PREVIOUS EDITIONS OF THIS FORM lam BR USED UNTIL EXERDSTED
DODDOAC ID-005614
CID FORM 66
I. DATE
21 Jun 04
2. TIME RECEIVED
1000
7. CASE NUMBER
0175-04-CID259- Si°Xi
3. OFFENSE
Aggravated Assault /Cruelty and Maltreatment/Conspiracy/•
B. ASSIGNED
111111111111111
9. TYPE °FACTION
TO
b7(:"(//5.
4.SUBJECT
Unknown
SDF
S. VICTIM
Unknown
10•
REPORTS
TYPE SUSPENSE COMP
6. CASE DESCRIPTION
International Committee of the Red Cross reported an unknown person
reported he/she received severe burns on his/her buttocks when
Coalition Forces made him/her sit on something hot.
OM/ ,-------..' 2.11.44)
C.- &att. pow
C L. ............n"".1.16Thialie0
R53.A..,
IL OTHER ACTION I 12. CID FUNDS 29(-
C.
ACTION RQRD COMPL DATE AMOUNT sc. 43A v6 2 jkoG
cc-0 ._./ a Aue
•
DODDOACID-005615