CID Report (Death): 0011-04-CID469-79630

AG
ROINUMBER
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'NVESTI~ATION REPORT
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0011-04-CID46 PAGE 3 OF 13 PAGES

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. ~¢ter;i$tlc$. of: the. Scen~: Upon atrival ~-b th.e. sce.he,t"1lei:'$wa$ q hlg~appro,d.mately 200 ni¢t~.~1? in l~tigth J.6c~t~4, on th~ m~:d.n p,(jc~s~ roact . .elok the" brlctgf? on the ri6;ttn, ~i1d wa.$a qarn" made of metal tYPe· . sttU.ctiOl'\" GC,mtaini,ng af190dgat~ ·th.;it met ·the. rJ.vet. The rivet" .. te:r .identified t.o be the 'i'igri$: aivet:. There W~$ a. pl,.urtp h6u$e the north.we~t end of the b.r:idge. with one si,de meeting t.he r;i.'Vet.'.. ho.U5¢ was pa,rtially· eI'lclp$ed wi,thin $$veral large rrta.p-ma.d.e tbat stood apprQ~.in1cltely. 15. feet. tall" The.slabs feet: . trom the sidewall:$.. of tne pprrip hOl,l$e, Which ¢teateq ~.
.....et ·~t~t~~teat·~::sc;~ci~~$.r~i~~kS.thih~~;~qw~~~~i$c~·~~~~~~t~~do!I)tht~e . roxiiriatelY eight" feet dtop to th~ river.. Aiong side the. ·pump hqu$$ . rocky 'ar~a· w.f.t~ some· 've;J.etcitioh, which met the river",The nbtth side of he pump hous~ was covered. with vegetation and trees, whiCh obscured the ew to·the·lebe checkpoint otiilqings.' The main access road from which ·ssed the. bridge led to art' rCDe Guard Towet tha.t'was locCl-tect.. roxin'lat.eiy 800 rneter~ Iiorth from the north end of the bridgE;! .. as a, tratf.fc circ"ieadjacent the guard towe+. The ~rea to the northeast. f the river waS mainly 9f dirt(which wa.s ·u.sed as a parking lot.
Scene: There Were no pedestrians iIi to..
e pump house. The bridge was oeing used fot loca.l traffic. The"·
loodgate/dam was in the lowered position anQ: the tCDe guard tower was
ccupled.· There were no visible perS;,hnel at the·lCOe. checkpoint"
vironrnental Condition~: The skies wera"clear with no precipitatiQn .thin th~. pa$l~. 24 hours. The. temperature was approxiIIiately ~hd the ground neat the bridge wasdri~ No
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. OFFICIAL· . ONLY
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AGENT'S INVESTIGATION REPORT ROINUMBER 0011-04-CID469-79630
CID Regulation 195-1 PAGE 7 OF 13 PAGES
DETAILS Factors Pertinent to Entry/Exit: Access to the pump house could be gained y the man-made'walk way created by the concrete slabs surrounding the ump house. b7c...-I,~b-1 Scene Documentation: SA a • prepared a crime scene sketch and recorded hotographic images of the scene utilizing a Nikon Coolpix 995 Digital amera. '(See Crime Scene Sketch and Photographic Packet for details) Collection of Crime Scene Evidence: A search of the crime scene revealed o items of evidentiary value. Search Beyond the Scene: A search beyond the scene was conducted in efforts to locate the flexi cuffs, which were removed from Mr. FADHIL and r .......before being forced'into the river on 3 jan 04. The search met ith ne(a~ive results. 107£-'1,1.1.-9 /'7C-16{,-/ ' b7C-? bb~3 bout 1600, 19 Jan 04, sA.iiiiiiiillllcoordinated with SA with 9riginal sworn statements written by ,!:::::,::Trial Counsel, 4ID, Camp ,Ironhorse, Tikrit, Ira and SFC _.f';7CTIt~-5statements were obtained during ab1f-"3.S.l.-3 ____ commander's inquiry into this allegation. MAJ ••• provided SA I a copy .of the videotape ona DVD, which depicts the remains of Mr. FADHIL and the condition of the vehicle when it was discovered and recorded by the family. (See Sworn Statements of CPT 1LT & I, SFC for details) b7C-'7.bb-s b7C.-17,bl.-5 k'-'(-7, bl.-5 bout 140.0, 20 Jan 04, SA Military Police .h7{;'Battalion, CID, Baghdad, , a of his legal rights, hich he waived and continued to vement in forcing two Iraqi detainees to jump into a river. (See Waiver Certificate for details) ~ ~' bout 2020, 20 Jan 04, SAllllllllladvised SPCllllllllof his legal rights, hich he waived and continued to deny any involvement in forcing two Iraqi etainees to jump into a river. (See Waiver Certificate for details) TYP SA ~ ~5 1912, 21 Jan 04, SA.........advised SPC.......of his legal rights, he waived and subsequently admitted knowing that the two Iraqi males E NUMBER ~-.---­--.--"-­" b7C-I;b V-I, bl-I ORGANIZATION--'-~-"-"-~--' -.-­.'-~----,,-.----'----'­43rd Military Police DetaClunent (CID) (FWD) Cam Ironhorse, Tikrit, Iraq, APO AE 09323 SIGNATURE h7L-1, bO-J DATE EXHIBIT , 27 Feb 04 ••••and DVD 7

CID FORM 94 FOR OFFICIAL USE ONLY
ODOtHiG
1 FEB 77
INVESTIGATION REPORT
ROINUMBER
0011
CID FORM 94 FOR OFFICIAL USE ONLY
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1FEB77

27 Feb 04
CID FORM 94 FOR OFFICIAL USE ONLY
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1 FEB 77

. AGENT'S

REPORT
ROINUMBER . 0011.,.04-CID469-19630
I'ttl~IUIJ:JtluI1195-1
PFC , Iraq,. of his ·l~g~l r in whic!,!. he Btated· he
whl.te Kl.a pl.ck.:..up truck, out, from the mJ..ddle of tne He stated he might have caused a dent
Further, PFe (,rDS) 'on· 26 Jan 04 by
(Se~ Waiver Certificate and Sworn ' .~ for aetails).b(,-3.1 J, 7C! -3 '
of his Ie
FUrther, SP
26 Jan' 04., (See Non­
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SAAlliiiiiradvised s~TIiiillifOf his legal ~ before SGT ......, Rights Warning Procedure/Waiver Certificate, he at the rivers edge when the two detainees were stated he was one'of the:l~st soldiers to see stated one detainee was was treading water when he departed want to be asked any questions ahd IJt-6j.b,1c SGT _also statecf he had been taken (See Non-Wa.iver Certificate for
,
' 14-.$ .61c....3
of his legal a sworn statement in which he denied
revealed thr this investigation. (See 'for details) ':;&'-3 b 1cJ
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43rd Military Police Detachment (CID) (FWD)
APO AE 09323
FOR OFFICIAL USE ONLY
UU0043
1 FEB 77

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INVESTIGATIO

ROINUMBER
0011-04-CID469-79630
CID
PAGE 12 OF 13 PAGES DETAILS h7(-5 10'7," -?I bb-:,
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CID FORM 94 FOR OFFICIAL USE ONLY
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AGENT'S INVESTIGATION REPORT
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0011

CID Regulation 195-1

PAGE 3 OF 13 PAGES

APOAE09323
FOR OFFICIAL USE ONLY

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7115 SOUTH BOUNDARY BLVD

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. ATTN: CCJ6:~D·M. . .
. . MACDILL 'AIR FORCE'BA'SE .
'FLORIDA 33621~5101

Master Sergeant Pamela Andrews .' andrewsp@centcom~smitmil .. "'.
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SWORN STATEMENT J '
File N'umber: 0011-04-CID469
Location : Samarra, I E 09323
Date : 16 Jan f.:,-t.f,b7C-r Time: \ 3: ). J
Statement Of: . 107 c-/ I bb·'"
SSN Grade/Status: Civilian"
Org/Address : Next to Medici~e Factory in Samarra (Alrmoushya), Samarra, Iraq

I, Mr. want to make the following statement under
oath: 3 2004, I woke up in Baghdad where me and my cousin were
visiting a friend and going shopping to pick-up plumbing supplies. My cousin that
was with me was Mr. Zaydun Ma'mun FADHIL, he was born in 1984. We woke
up between 8-9 am and went shopping for the plumbing supplies we then went
back to visit our friend for a while i:.~Jd then we left to go back home to Samarra
about 5pm. It was me and my cousin and we were driving a 2001 white Kia Pick­
up Truck. The vehicle began tb.act up and something was wrong. The engine
seemed not be gettilig enough gas. I tried to fix it and it continued to run but only
very slowly. It was only going about 20mph all the way until we got to Balad. We
got to Balad around 2130-2145 and they though about staying in Balad because
the vehicle was driving so slowly but he was able to fix it to make the vehicle
drive faster. They then left Balad around 2215 and they continued to Samarra.
Between 2230-2245 we arrived at the ICDC (Iraqi Civil Defense Corp) check
point where they searched our vehicle and the both of us. They did not find
anything and they reminded us that it was getting close to curfew, which is at
2300 for Samarra. I knew I was close to home and that I would make it before
curfew. There was two guys at the check point who searched us and the vehicle
and I noticed a few other guys around the check point but I don't how many of
them there were. We left the checkpoint and I don't remember how long I was at
the ch~ckpoint before I left but we~~ft the checkpoi~t and I was speeding to ,
make It home before curfew. We were about 2-3 mIles away from the checkpoint
and we could see a US Military Convoy coming down the road ~n the opposite
direction. As soon as they noticed us the convoy surrounded us with three
vehicles. The US Soldiers then got out and two soldiers got them out of the
vehicle and others were in the area,and the soldiers searched my vehicle and
searched us. We were both put into a Bradley vehicle and we were both
handcuffed with a soft type of handcuff that they tied up on our wrists behind our
backs. I could hear the soldiers trying to talk Arabic and I asked them if they
knew Arabic and one of the soldiers said he spoke a little bit in Arabic. The one
that spoke Arabic a little was white and the other one who helped with the
searches was a little darker skinned about my complexion. They then let us go
and we got into our vehicle and we only drove about 20 meters down the road
before the same US Soldiers stopped us again. We were told to get out of the
vehicle and that's when we were handcuffed and put into the back of the vehiclE:.
That happ~ned about 2255 and we Were notbld why we were being arrested, if
they tolq-us, I did not understand v~hat they said, We were both put into a
Bradley vehicle and we were both handcuffed with a soft type of handcuff that
~~~·~treo=ap-on oonNilstS"Oe'ninrr-6iJFtJacKS:=Afrerwe"Were'p'tlrinto-th~'Vehiel9" ,'" .'-_. -'",-,,'
EXHIBIT INITIALS: __ PAGE 1-OF -.5.. PAGES
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QIi th~ Wa.t~t anq Iwas Very. s¢c.Jr$Q,1 goJ but of the wa.ter c.lnq I' Wa~ hidihg Untfr theAm~trcan $QII:Het$ W.~re gQn~, T~eyiniti~ny hadstay~d by the bridg(:) for .a fewmihut~sa!1dl qauJd he.aftheiT)l~ughlnfj c:ir!J$.~ft$rwe w~re pU$h~d loto the, water ~ndthe.n theyl~ft:,. f Wq!k~d l:it;Ic;*tQ theICO~· Gheck poJnt~ut i,t too.k me a
.Whif$ to walk th~re b$~U$~.' W~~ malihg s~re nOQody saw me. arid I did not.
. 'r!2it~:at~~~d~tt:j.rti.rtn4il~:~·~~MI~K;{B~~~'ri:X~llg~1n~~~:1~~fiO~hat .
S6idit:irs "ushed m" cousin and me "into the water b' the brld .e.' I -as stili s6ak
..:"'1'.,.. y ....... , .. ': ." ....... .y . ...... g ..W .: ...... . anqw~tfr:9m the incident; The. rcp.c peopl~ and myself went b~ck to thec:irea whele 'w~ were .' .' ~iid We began to search for my cOl/sirt We searched fot
about 1 .... '. . and we did not find him.
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Q; Co .' . . me approxini?t~ly how deep the water W;:lS where you and your
C()U$!Ji were pushed Int6 the wc.lter?· . .

A:
!tis. VerY. deep" tasked som~ people ~fterthe incident and they tell me it's, aOOi,lt 8meters .deep, i neve.r felt the ground or flOQr under the water,

Q: What ~$your n~latiorish(p with your cousJnr
. A: W$ were very; very C1QSEt there was. ab$olule/y no. pro.blems between us. was suppo$~d to marry his ~ister and he WCis h~Ppy ;:lbout that. I wOiJld have done qnyth\hg to help him that h'ight but I could nofgrab hint
. Q: Where was your cousin;$ body found? .., .
A: itW~~ found by abol,lt I kilometer from the' bridge that takes you to. Tikrit, fCimily and locais have ~een s$atching for th$ body since· :3 ja)i 04, ".
Q: Ooes the water' located where the pody was found the s~me stream of wate.r
fro~ t~e bridge you Were pushed from'? . . -' ......,,,.,, , -. _--...A,wXes·_oe' .. , e..,.... ---"~',,.. :~M-·;"tJf;:.t:j'··'6.1e:tt:=¥ "c-""";;,o;,;=--,,,,:..~!~___
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000-024365

SWORN STA OF Mr
Samarra,' IRAQ. APO AE 09323,

Q: Would you be able to identify the soldier who pushed your cousin?·
A: Yes.
Q: A letter written by your cousin's mother and translated to English which states that you $aidthe soldiers appeared dfl,lnk and tired tha.t day, did you say that?
A: No, I never said that. The sold;~rs were happy and laughing and rwas even laughing with them even though I didn't really understand what they were saying. Thatmust be an error in translation of that letter or something. I never said the soldiers appeared drurik or tires. They were ok.
Q: What was your cousin wearing on the night of the ·incident?
A: He was wearing blue jeans, a white short s.leeve shirt, a short leather jacket~
arid shoes.

Q: I just showed you a picture of your cousin, Mr. FADHIL, is this the same man
that was with you on the night this incident occurred?

A: Yes, that is him.
Q: Did you see your cousin's body after it was found?
A: Yes~
Q: What injuries did the body have?
A: His face appeared to be hit, his nose and upper lip were cut and there was
bruising on his head. His head was intact but it looked like it was hit or like it
banged on something while in the ~'ater.

Q: Where was the body buried? ..
A: The new cemetery "Aldoleyah Road" on the south end of Samarra. .
Q: When was the body buried? .
A: Yesterday, we found the body at 1130-1200 and we buried him by 1500.
Q: Did you photograph tne body before it was buried?
A: Yes we took photos which are being developed and we also took video On a
CD which I can get a copy for you by tomorrow.

Q: Why do you think soldiers would push you into the water?
A: I would like to know why. I have no idea.
Q: Do you believe the soldiers were trying to kill you and your cousin?
A: I don't know, maybe they were trying to teach us a lesson about being out
after curfew but the lesson is very painful and my cousin is now dead.

Q: Did the soldiers make any attempts to get you and your cousin out of the
water after you were in the water?

A: No. They stayed looking at us for a few minutes and then they left.
Q: Did you see the soldiers again ~ler they left you and your cousin in the
water?

A: No.
Q: How many soldiers were outside of th~ir vehicles and may have witnessed
you and your cousin being pushed into the water?

A: Five soldiers.
Q: Did you or your cousin jump into the water on your own?
A: No, we were both pushed by American soldiers.
Q: Were you ever told by.the soldiers why you were detained?
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015291
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"Cfll!469;; 19630 'At
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3. (Fdfi¥s~lII!;isubj!l¢i 191M, cjeW) i ~~~e the. hghiii tiliicprivl\tei), to 1\ Ia,wy~ ~rore, durill~ !lI1d a,ftct qucstlo~in$lind 19 have 1\ i!!wy~ prcsen~ wi\il me. di1ti~~ ~i.Jesti9nirig; ,This ia,~¢r i:~ be \I. ~I.vili~ IJlwYer I~efor ai no eXpense to the Government cit a.lllnitUy ia~~dctail¢ fot me at iIO Cxpepse to me,
ofhotk·· .... ... . . .
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. ..(Fo); d!'ll'~rrs·nQisu6l~q110 lbe lJ9MJ) i ):lave t/ie. righi to ta.ik prIvately to a.1~wYer befote, during, lind aftej questlpJliilg .arid to )1a~e ala~Ct pr~~iw(lli ~~ .: dilr~gq\lts!l!lnl~g, iu~der~illnd \hat this laWyer cal) be o~e that', arT~ge (or at my ciwO. expense,9r if! can~~'afrord a\aWy!:r'and wani ~ne:1! la\vy~t wiJi ~ appojni.~~forine~ef'ore. any q~~(io~irig b~gin~.. . . ·4'-Iii am ~QWwiili~& tb ilis.~\lS~ U;~ otfefis~(~) ~~der iJlvesti~ol), wit!1 Oi: wiihout alawyer present, ! hllVc a right: to si~p answering questions at any iime, or speak . jlrivatdywilli a ia~~befoie 8I\$W~ng further, even if [ si~ ihe waiver beloW.
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~~I: ." '... wrft~$. d~qi~'ibh W~l$ made. 10 'Iet these tWo gUy$ go?

.' ~ .
Qt .rl""",""r,t"",,· the M¢'· in,d,JvidiJ~I~1 . . ,
A; .' h.ky,' and th~ other was slim" They b9th jooked I~ctl'$i
Q:. 0, . do. Qf th6s~ (t~qrQuys i~t(). ~ tlve'r/lak~Qn that. night?
A~ No~"

q:ipid'YoliWitn~ss afty soldierspushihg one of those Ir?qi~ into a take 'or river
froM $ bridge? .

A: NQ. ",
Q: One of th~ two .Iraqi's that your unU detained is presumed dead, do you know
, who was involved in killing that Iraqi? ' ,

A;N9i
' .... ',. ""'" ., . ,.
Q:; D9 yOu. remember W~?l th~ two. IOCc;i1 nationals were we~ririg?
A: I'ht nofsur@; fQqn'tJem~rnb.~f., , .
Q; Why dQYou thi,riKsoroeone w(~ld say that hi~mber of your unit PUshed them
int.Q th~ river ft6rn'~ bridge? . '.,

A: Idon'it ki1'c)w. ..'
Q: rf~syou:r uoit picked-up, other detainees and then decid¢ to iet them gO Tor,
whatever reason?

k~' "
q: Did your uni,t spend time looldng 'for a local national with flashlights',ih a river
that night?'
~:N~.· . " " , ',. "

Q: Were YOlj or anybody in yOl,lt unit o~ platoon drinking alcohol that day?
A: No~ , .
Q: 0) you have anything else to add to thi$ stat~m.ent?
A: No:.' ~.
ilillll/lI//l1l/111II/IIIII/IIIIIIIIIENO OF SlATEMENi1IIIIIIIIIIIIi11/111111111111111111i11111/11111111/1

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