CID Report (Death): 0013-04-CID789-83982

FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE
DEPARTMENT OF THE ARMY
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
PRISONER INTERROGATION TEAM (PIT)(CID)
75TH MILITARY POLICE DETACHMENT (-)
BAGHDAD CORRECTIONAL CONFINEMENT FACILITY
ABU GRAIB, IRAQ APO AE 09342
CIRB-PIT 24 AUG 04
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: CID REPORT OF INVESTIGATION - 3D FINAL SUPPLEMENTAL -0013-04-
CID789-83982-5H6 / 5Y3
DATES/TIMES/LOCATIONS OF OCCURRENCES:
1. 10 APRIL 2004/1930 HRS - 10 APRIL 2004/2130
HRS, HARDSITE, BAGHDAD CENTRAL CONFINEMENT FACILITY (BCCF), ABU
GHRAIB, IZ, GRID 38S MB130840
2. 11 APRIL 2004/0500 HRS - 11 APRIL 2004/0540 HRS, HARDSITE, BCCF
2. DATE/TIME REPORTED: 10 APRIL 2004, 2200
3. INVESTIGATED BY: SA IC/-4 i bb-1 b.?! SA 7C ) 136, - / , SA
I b Cc, D 7-4; SA - / b/ -! b
4. SUBJECT: 1. [CORRECTED] MAHMOOD, KHALID ABBAS (DECEASED); CIVILIAN;
PRISONER IDENTIFICATION NUMBER (PIN), TAS00012; UNKNOWN, IZ; M; WHITE;
DETAINEE; BCCF, ABU GHRAIB, IZ; (NFI); [RIOTING]
2. [CORRECTED] FARHAN, MUSA ABBAS (DECEASED); CIVILIAN; PIN
3153; UNKNOWN, IZ; M; WHITE; DETAINEE; BCCF; (NFI); [RIOTING]
3. NONE. (NFI); [JUSTIFIABLE HOMICIDE]
VICTIM: 1. U.S. GOVERNMENT; (301 5' MILITARY POLICE COMPANY) [RIOTING]
2. U.S. GOVERNMENT; (K COMPANY, 3/24TH MARINE) [RIOTING]
3. [CORRECTED] MAHMOOD, KHALID ABBAS (DECEASED); CIVILIAN;
PIN TAS00012; UNKNOWN, IZ; M; WHITE; DETAINEE; BCCF; (NFI); [JUSTIFIABLE
HOMICIDE]
4. [CORRECTED] FARHAN, MUSA ABBAS (DECEASED); CIVILIAN; PIN
3153; UNKNOWN, IZ; M; WHITE; DETAINEE; BCCF; (NFI); [JUSTIFIABLE HOMICIDE]
THIS IS AN "OPERATION IRAQI FREEDOM" INVESTIGATION.
FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE
ACLU-RDI 40 p.1 DOD-DOACI D001892
FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE
0013-04-C1D789-83982
INVESTIGATIVE SUMMARY:
On 10 Mar 04, this office was notified by the 391 5 Military Police (MP) Battalion (Bn), Abu
Ghruyeb Prison, Abu Ghruyeb, Iraq that Detainee HAMED, was shot and killed by MP guards
and Detainee APOSS, was shot and killed by Marines when they escaped after rioting in tiers 5a
and 5b of the Abu Ghruyeb Prison Hardsite.
Investigation revealed between 10 Apr 04 and II Apr 04, Detainees MAHMOOD and FARHAN
were killed while attempting to escape, during a riot at the Hardsite, BCCF.
STATUTES:
18 USC, SEC 1792: Rioting
Article 118, UCMJ: Murder (Justifiable Homicide)
EXHIBITS/SUBSTANTIATION:
ADDED ATTACHED:
8. AIR of SA IC,-/ -110 Aug 04, detailing a review of Detainee not in camp roster,
administrative review of this investigation, and coordination with Arabic Linguist.
9. Database printout.
10. Handwritten Translation.
11. AIR of SA --7C - / i m-1 23 Aug 04, detailing coordination with Coalition Provisional
Authority, Hardsite, BCCF, Ministry of Justice, Hardsite, BCCF, Prison Health Unit,
Hardsite; BCCF, 391 5 MP Bn, 301 5 MP CO, Magistrate Cell and BCCF Hospital.
12. CPA Database printout.
13. Ledger Entry, Iraqi Corrections Services, Ministry of Justice.
14. Significant Incident Report, 10 Apr 04.
15. Ledger Translation.
16. Packet containing incident reports, 301 5 MP CO.
17. Compact Disc. 001304.789.
ADDED NOT ATTACHED: ri
None.
FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE
2
ACLU-RDI 40 p.2 DOD-DOACID001893
FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE
0013-04-C1D789-83982
The originals of Exhibits 8 and 10 are maintained in the files of the Detainee Assessment Task
Force (DATF), USACIDC. The original of Exhibit 9 is maintained in the files of Detainee
Operations, MNC-I. The originals of Exhibit 11, 15 and 17 are attached to the USACRC copy of
this report. The original of Exhibit 12 is maintained in the files of CPA, BCCF. The original of
Exhibit 13 is maintained in the files of Legal Services, Ministry of Justice, BCCF. The original
of Exhibit 14 is maintained in the files of the 391' MP Bn, Abu Ghraib, IZ. The original of
Exhibit 16 is maintained in the files of the 301' MP CO, Abu Ghraib, IZ.
Status: This is a Final Supplemental Report. Commander's Report of Disciplinary Action (DA
Form 4833) is not needed.
Report Approved By:
/
CW2, MP
Special Agent in Charge
DISTRIBUTION:
1 - DIR, USACRC, Fort Belvoir, VA 22060 (original)
1 - THRU: 22D MP BN (CID) (FWD) (email only)
THRU: CDR, 3RD MP Group (CID) (email only)
TO: CDR, HQUSACIDC (email only)
1 - AFIP, Attn: OAFME, Rockville, MD (email only)
1 - CHIEF OF STAFF, DETAINEE OPERATIONS, CJTF-7 (email only)
1- PMO, MNC-I (COL 746b- 3 mail only)
1 - CDR., 391ST MP BN, BCCF, Iraq (email only)
1- CDR, BCCF, Iraq (COL 7r:- / N3 (email only)
1 - SJA, 504TH MI BDE, BCCF, Iraq (email only)
1 - LNO, CID, MNC-I (For further distribution) (email only)
1 - File
FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE
3
ACLU-RDI 40 p.3 DOD-DOACID001894
DEPARTMENT OF THE ARMY
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
PRISONER INTERROGATION TEAM (PIT)(CID)
75TH MILITARY POLICE DETACHMENT (-)
BAGHDAD CENTRAL CONFINEMENT FACILITY
APO AE 09342
CIRD-PIT 21 JUN 04
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: CID REPORT OF INVESTIGATION - 2D FINAL SUPPLEMENTAL-
0013-04-CID789-83982-5H6-5Y3
DATES/TIMES/LOCATIONS OF OCCURRENCES:
1 . 10 APR 04/1930 - 11 APR 04/0540, BAGHDAD CENTRAL
CONFINEMENT FACILITY (BCCF), ABU GHRUYEB, IRAQ
DATE/TIME REPORTED: 11 APR 2004, 0600
INVESTIGATED BY: SA bb'/; SA
bz- SA le -/ bb -1
SUBJECT: 1. HAMED, ABBAS KHALID (DECEASED); CIVILIAN; INTERNMENT
SERIAL NUMBER (ISN) 26162; UNKNOWN, IZ; M; WHITE; DETAINEE; BCCF,
ABU GHRUYEB, IZ; ZZ (NFI)[RIOTING]
2. APOSS, KNALED (DECEASED); CIVILIAN; PRISONER
IDENTIFICATION NUMBER (PIN) 000012; UNKNOWN, IZ; M; WHITE,
DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [RIOTING]
3. NONE. (NFI) [JUSTIFIABLE HOMICIDE]
5. VICTIM: I. U.S. GOVERNMENT; (301ST MILITARY POLICE COMPANY
(USAR). BCCF. ABU GHRUYEB, IZ) (SAN JUAN, PR) [RIOTING]
2. U.S. GOVERNMENT; (K COMPANY, 3/24TH MARINES, BCCF,
ABU GHRUYEB, IZ) (CAMP PENDLETON, CA) [RIOTING]
3. HAMED, ABBAS KHALID (DECEASED); CIVILIAN; ISN 26162;
UNKNOWN, 17.; M; WHITE; DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI)
[JUSTIFIABLE HOMICIDE]
4. APOSS. KNALED (DFCEASED): CIVILIAN: PIN 000012:
I *NKNOWN. 17: M: WHITE. DETAINEE: BCCF. ABU CiHRUYEB, IL; ZZ (NH)
HHABLE HOMICIDE)
O1 I ()NIA - A \\• Rci.:NIENT sliN s il
4
ACLU-RDI 40 p.4 DOD-DOACID001895
INVESTIGATIVE SUMMARY:
THIS IS AN "OPERATION IRAQI FREEDOM" INVESTIGATION.
This investigation was initiated upon notification by the 391st MP BBN, BCCF that a riot
took place in Tiers 5A and 5B of the BCCF. During the riot, Detainee HAMED was shot
and killed by SPC tb- 4 301st MP Company, BCCF, Abu
Ghruyeb and Detainee APOSS was shot and killed by LCPL 7C- 4, h6 '74
Company, 3/24th Marines, BCF, Abu Ghruyeb.
Investigation established probable cause to believe Detainee APOSS and HAMED
committed the offense of Rioting when they caused a commotion in the BCCF. The
shooting of both detainees was justifiable and no criminal offenses were committed by
either SPC 7e4 )r LCPL 76166 -9
STATUTES:
18 USC, SEC 1792: RIOTING
Article 118, UCMJ: MURDER (JUSTIFIABLE HOMICIDE)
EXHIBITS/SUBSTANITATION:
ADDED ATTACHED:
6. AIR of SA 10,11 hal 7 Jun 04. detailing coordination and attempts to obtain
death certificates pertaining to both detainees.
7. Certificate of Death, unsigned, pertaining to Detainee HAMED.
ADDED NOT ATTACHED:
None
The originals of Exhibits 6 and 7 are attached to the USACRC copy of this report.
STATUS: This is a Final Supplemental Report. This investigation was being terminated
lAW CIDR 195-1, para 4-17 (a)(6) in that the Special Agent in Charge determined that
furtherance of the investigation would be of little or no value and leads remaining are
insignificant. Commander's Report of Disciplinary Action Taken (DA Form 4833) is not
required.
FOR OFFICIAL. USE ONLY LAW ENFORCEMENT SENSITIVE
ACLU-RDI 40 p.5 DOD-DOACI D001896
Report Prepared,:Approved By
special Agent in Charge
DISTRIBUTION:
1 -Director, USACRC, (ATTN: CICR-CR), 6010, 6th Street, Fort Belvoir, VA 22060-
5506 (original)
1 - CDR, USACIDC, (ATTN: CLOP-COP-CO), Fort Belvoir, VA 22060-5506
I - THRU: CDR, 22nd MP BN (CID) (FWD) (on CD)
TO: CDR, 3rd MP Group (CID)
1 - LNO, CID, CJTF-7 (For further distribution) (email only)
1 - SJA, 504th MI Brigade (ATTN: CPT 7e, -.3 ; 10. CCF
- CDR, 16th Military Police Brigade (ATTN: COL 1c.-5 Victory Camp,
APO AE 09342
I - CDR, 391st MP BN (ATTN: LTC -76, b6-3 I3CCF
1 - File
FOR OFFICIAL 1.iSE ONLY LAW ENFORCEMENT SENSITIVE
8
ACLU-RDI 40 p.6 DOD-DOACI D001897
DEPARTMENT OF THE ARMY
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
PRISONER INTERROGATION TEAM (PIT)(CID)
75TH MILITARY POLICE DETACHMENT (-)
BAGHDAD CORRECTIONAL CONFINEMENT FACILITY
APO AE 09342
CIRD-PIT 26 APR 04
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: CID REPORT OF INVESTIGATION - FINAL SUPPLEMENTAL -0013-
04-CID789-83982-5H6-5Y3
DATES/TIMES/LOCATIONS OF OCCURRENCES:
1. 10 APR 04/1930 - 11 APR 04/0540, BAGHDAD CORRECTIONAL
CONFINEMENT FACILITY (BCCF), ABU GHRUYEB, IRAQ
DATE/TIME REPORTED: I I APR 2004, 0600
INVESTIGATED BY: SA 7d_r/
SA le- i (.bb--// ,
by SA 7e -/
SUBJECT: 1. HAN/IED. ABBAS KHALID (DECEASED); CIV: INTERNMENT
SERIAL NUMBER (ISN) 26162; UNKNOWN. IZ; M; WHITE; DETAINEE; BCCF.
ABU GHRUYEB, IZ; ZZ (NFI)[R1OTING]
2. APOSS, KNALED (DECEASED); CIV; PRISONER
IDENTIFICATION NUMBER (PIN) 000012; UNKNOWN, IZ; M; WHITE.
DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [RIOTING]
3. NONE. (NF1) [JUSTIFIABLE HOMICIDE]
VICTIM: 1. U.S. GOVERNMENT; (301ST MILITARY POLICE COMPANY
(USAR), BCCF, ABU GHRUYEB, IZ) (SAN JUAN, PR) [RIOTING]
2. U.S. GOVERNMENT; (K COMPANY. 3/24TH MARINES, BCCF,
ABU GHRUYEB. IZ) (CAMP PENDLETON. CA) [RIOTING]
3. HAMED. ABBAS KHALID (DECEASED): CIV; INTERNMENT
SERIAL NUMBER (ISN) 26162: UNKNOWN, IZ: M; WHITE: DETAINEE: BCCF.
ABU GHRUYEB. IZ: ZZ (NEI) [JUSTIFABLE HOMICIDE]
4. APOSS. KNALED (DECEASED); CIV: PRISONER
IDENTIFICATION NUMBER (PIN) 000012; UNKNOWN. IZ: M: WHITE.
DETAINEE: BCCF. ABI' GHRUYEB. IZ: ZZ (NFL) I.IUSTIFABLE HOMICIDE'
ACLU-RDI 40 p.7 DOD-DOACI D001898
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"
This investigation was initiated upon notification by the 391 51 Military Police (MP)
Battalion (BN), BCCF, Abu Ghruyeb, Iraq that a riot took place in Tiers 5A and 5B of
the BCCF. During the riot, Detainee HAMED, was shot and killed by SPC 66-*
16 ;01ST MP Company, BCCF, Abu Ghruyeb, Iraq and Detainee
APOSS was shot and killed by LCPL 7G -171 I 66 -
Company, 3/24TH Marines, Abu Ghruyeb, Iraq.
Investigation established probable cause to believe Detainees APOSS and HAMED
committed the offense of Rioting when they caused a commotion in the BCCF resulting
in the use of force by responding Military Police. The shooting of both detainees' was
justifiable and no criminal offenses were committed by either SPC LCPL
STATUTES:
18 USC, SEC 1792: RIOTING
Article 118, UCMJ: MURDER (JUSTIFIABLE HOMICIDE)
EXHIBITS/SUBSTANTIATION:
ADDED ATTACHED:
None.
ADDED NOT ATTACHED:
None.
STATUS: This is a Final Supplemental Report. Commander's Report of Disciplinary .
Action Taken (DA Form 4833) is not required.
Report Prepared By: Report/Approved By:
T-11 bb -/ 1(1,4, ?-/
dY
ci
ACLU-RDI 40 p.8 DOD-DOACI D001899
DISTRIBUTION:
1 —Director, USACRC, (ATTN: CICR-CR), 6010, 6th Street, Fort Belvoir, VA 22060-
5506 (original)
1 - CDR, USACIDC, (ATTN: CIOP-COP-00), Fort Belvoir, VA 22060-5506
1 - CDR, 22nd MP BN (CID) (FWD) ,
1 - CDR, 3rd MP Group (CID) (email only)
1 - LNO, CID, CJTF-7 (For further distribution) (email only)
I - SJA, 504th MI Brigade (ATTN: CPT xa / 42,- BCF
1 - CDR, 16th Military Police Brigade (ATTN: COL 74:, ,b0 3 1, Victory Camp,
APO AE 09342
1 - CDR, K Company, 3/24th Marines, BCCF
1 - CDR, 391st MP BN (ATTN: LTC 7C3 i1x 3 BCCF
1 — File
ACLU-RDI 40 p.9 DOD-DOACID001900
DEPARTMENT OF THE ARMY
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
PRISONER INTERROGATION TEAM (PIT)(CID)
75TH MILITARY POLICE DETACHMENT (-)
BAGHDAD CORRECTIONAL CONFINEMENT FACILITY
APO AE 09342
CIRD-PIT 22 APR 04
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: CID REPORT OF INVESTIGATION - 1ST SUPPLEMENTAL -SSI-0013-
04-CID789-83982-5H6-5Y3
1. DATES/TIMES/LOCATIONS OF OCCURRENCES:
1. 20 APR 04/1930 - 11 APR 04/0540, BAGHDAD CORRECTIONAL
CONFINEMENT FACILITY (BCCF), ABU GHRUYEB, IRAQ
2. DATE/TIME REPORTED: 11 APR 2004, 0600
3. INVESTIGATED BY: SA 71 '1 /6-1 bee-/ SA
SA
4. SUBJECT: 1. [CORRECTED] HAMED, ABBAS KHALID (DECEASED);
INTERNMENT SERIAL NUMBER (ISN) 26162; UNKNOWN, IZ; M; WHITE;
DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFO[RIOTING]
2. [CORRECTED] APOSS, KNALED (DECEASED); PRISONER
IDENTIFICATION NUMBER (PIN) 000012; UNKNOWN, IZ; M; WHITE,
DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [RIOTING]
3. [CORRECTED] UNKNOWN. (NFI) [JUSTIFIABLE HOMICIDE]
5. VICTIM: I. [CORRECTED] U.S. GOVERNMENT; (301ST MILITARY POLICE
COMPANY (USAR), BCCF, ABU GHRUYEB, IZ) (SAN JUAN, PR) [RIOTING]
2. [CORRECTED] U.S. GOVERNMENT; (K COMPANY, 3/24TH
MARINES. BCCF, ABU GHRUYEB, IZ) (CAMP PENDLETON, CA) [RIOTING]
3. [CORRECTED] HAMED, ABBAS KHALID (DECEASED);
1NTERNiviENT SERIAL NUMBER (ISN) 26162; UNKNOWN, M; WHITE;
DETAINEE: BCCF. ABU GHRUYEB. IZ: ZZ (NF1) [JUSTIFABLE HOMICIDE]
ACLU-RDI 40 p.10 DOD-DOACI D001901
4. [CORRECTED] APOSS, KNALED (DECEASED); PRISONER
IDENTIFICATION NUMBER (PIN) 000012; UNKNOWN, IZ; M; WHITE,
DETAINEE; BCCF, ABU GHRUYEB, 12; ZZ (NF1) [JUSTIFABLE HOMICIDE]
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 11 APR 04, THIS OFFICE WAS NOTIFIED BY THE 391 ST MILITARY POLICE
(MP) BATTALION (BN), ABU GHRUYEB PRISON, ABU GHRUYEB, IRAQ THAT
DETAINEE HAMED, WAS SHOT AND KILLED BY MP GUARDS AND
DETAINEE APOSS, WAS SHOT AND KILLED BY MARINES WHEN THEY
ESCAPED AFTER RIOTING IN TIERS 5A AND 5B OF THE ABU GHRUYEB
PRISON HARDSITE.
1 ST SUPPLEMENTAL:
THIS SUPPLEMENTAL REPORT IS BEING GENERATED TO ADD HAMED AND
APOSS AS VICTIMS, ADD AN UNKNOWN SUBJECT FOR THE OFFENSE OF
JUSTIFIABLE HOMICIDE AND CLARIFY OFFENSES.
ON 21 APR 04, AN ADMINISTRATIVE REVIEW REVEALED HAMEDAND APOSS
SHOULD HAVE BEEN LISTED AS A VICTIM FOR THE OFFENSE OF
JUSTIFIABLE HOMICIDE.
INITIAL REPORT:
PRELIMINARY INVESTIGATION REVEALED A RIOT BEGAN IN TIER 5B OF
THE ABU GHRUYEB PRISON HARDSITE AND MP GUARDS SET UP A
PERIMETER ON THE OUTSIDE OF TIER 5B. WITHIN TIER 5B THE PRISONERS
HAD BROKEN THEIR THE LOCKS TO THEIR CELLS AND WERE THROWING
ROCKS AND METAL PIPES AT THE MILITARY POLICE GUARDS. ALL
MEMEBERS IF THE GUARD FORCE WERE BRIEFED ON THE RULES OF
ENGAGEMENT (ROE) AUTHORIZING THE USE OF DEADLY FORCE.
MULTIPLE ATTEMPTS WERE MADE TO STOP THE RIOT UTILIZING VERBAL'
PERSUATION AND WITH LESS THEN LETHAL MUNITIONS. DETAINEE
HAMED THEN JUMPED THROUGH A WINDOW AND WAS ORDERED TO HALT
THREE TIMES BY MILTARY POLICE PERSONNEL. DETAINEE THEN
ATTEMPTED TO RUN AND SPC Li t Jr 6 - q- 301ST MP
COMPANY. ABU GHRUYEB. IRAQ. ENGAGED DETAINEE NAMED WITH ONE
ROUND OF BUCKSHOT STRIKING HIM IN THE BACK.
LATER THAT EVENING. IN TIER 5A OF THE ABU GHRUYEB PRISON
HARDSITE, FIFTEEN DETAINEES ESCAPED OUTSIDE OF THE TEIR. DURING
ACLU-RDI 40 p.11 DOD-DOACID001902
THE ESCAPE. U.S. MARINES RE-CAPTUREED FOURTEEN OF THE DETAINEES.
WHILE THE MARINES WERE COLLECTING THE ESCAPED DETAINEE'S, A
GUN SHOT WAS HEARD. DETAINEE APOSS WAS ATTMPTING TO FLEE THE
PRISON BY CRAWLING ON THE GROUND TOWARD AN EXIT. LCPL
-1C, 14. i W-4 K COMPANY, 3/24TH MARINE, ABU
GHRUYEB, IRAQ, IDENTIFIED DETAINEE APOSS CRAWLING ON THE
GROUND AND ENGAGED HIM WITH ONE ROUND OF 5.56MM IN
ACCORDANCE WITH THE ROE, STRIKING HIM IN THE UPPER SHOULDER.
AT THE WRITING OF THIS REPORT, THE EXACT TIMES OF DEATH WERE
UNKNOWN OR IF AUTOPSY'S WILL BE CONDUCTED ON THE DECEASED
DETAINEES.
SA 16-I t70-1 ADVISED SPC '74104 OF HIS LEGAL RIGHTS, WHICH HE
WAIVED AND PROVIDED A WRI Li EN STATEMENT WHICH DETAILED THE
EVENTS SURROUNDING AND HIS ACTIONS DURING THE SHOOTING OF THE
DETAINEE. SPC 7e-4,hi..-9TATED HE SHOT THE DETAINEE (HAMED) TO
PROTECT THE OTHER MP PERSONNEL AND TO PREVENT DETAINEE
(HAMED) FROM ESCAPING.
SA /CA . ADVISED LCPL 1,6-4/ OF HIS LEGAL RIGHTS, WHICH HE
WAIVED AND RENDERED A SWORN STATEMENT WHICH HE DETAILED THE
EVENTS SURROUNDING AND HIS ACTIONS DURING THE SHOOTING OF THE
DETAINEE. LCPL /b6- 4L !-ATED HE SHOT THE DETAINEE (APOSS) TO
PROTECT FELLOW MARINES AND TO PREVENT DETAINEE (APOSS) FROM
ESCAPING.
THE OCONUS CID CASUALTY LIASON OFFICER (CLO) IS SA IC -/)
b(9-1 75TH MP DETACHMENT (CID), PRISON INTERROGATION TEAM
(PIT), ABU GHRUYEB PRISON, ABU GHRUYEB, IRAQ, AT DNVT 318-550-
INVESTIGATION CONTINUES BY USACIDC.
7. CID REPORTS ARE EXEMPT FROM AUTOMATIC TERMINATION OF
PROTECTIVE MARKING IN ACCORDANCE WITH CHAPTER 3, AR 25-55.
FOR OFFICIAL USE ONLY
ACLU-RDI 40 p.12 DOD-DOACID001903
DEPARTMENT OF THE ARMY
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
PRISONER INTERROGATION TEAM (PIT)(CID)
75TH MILITARY POLICE DETACHMENT (-)
BAGHDAD CORRECTIONAL CONFINEMENT FACILITY
APO AE 09342
CIRD-PIT 16 APR 04
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: CID REPORT OF INVESTIGATION - FINAL (C) - SSI-0013-04-CID789-
83982-5H6-5Y3
DATES/TIMES/LOCATIONS OF OCCURRENCES:
1. 10 APRIL 04/1930 — 11 APRIL 04/0540, BAGHDAD CORRECTIONAL
AND CONFINEMENT FACILITY (BCCF), ABU GHRUYEB, IZ
DATE/TIME REPORTED: 11 APRIL 04, 0600
INVESTIGATED BY: SA 1,3"; SA /CA) bto -1
SA 19:0- I 19-V
SUBJECT: 1. HAMED, ABBAS KHALID (DECEASED); INTERNMENT SERIAL
NUMBER (ISN) 26162; 01 JAN 1986; UNKNOWN. IZ; M; WHITE; DETAINEE;
BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [R1OTING][JUSTIFIABLE HOMICIDE]
2. APOSS, KNALED (DECEASED); PRISONER IDENTIFIACATION
NUMBER (PIN 000012); UNKNOWN, IZ; M; WHITE, DETAINEE; BCCF, ABU
GHRUYEB, IZ; ZZ (NFI) [RIOTING] [JUSTIFIABLE HOMICIDE]
VICTIM: I. U.S. GOVERNMENT; (301ST MILITARY POLICE COMPANY,
(USAR), BCCF, ABU GHRUYEB, IZ) (FORT BUCHANAN, PR) [RIOTING]
[JUSTIFABLE HOMICIDE]
2. U.S. GOVERNMENT; (K COMPANY, 3/24TH MARINES, BCCF, ABU
GHRUYEB. IZ) (CAMP PENDLETON, CA) [RIOTING] [JUSTIFABLE HOMICIDE]
INVESTIGATIVE SUMMARY:
THIS IS AN OPERATION IRAQI FREEDOM INVESTIGATION" -
This investigation was initiated upon notification by the 391st Military Police Battalion.
BCCF. Abu Ghruyeh. IZ that a riot took place in Tiers 5A and 5B of the BCCF. During •
the riot. detainee HAMFI) was shot and killed by SPC
FOR OFFICIAL USE ONLY
ACLU-RDI 40 p.13 DOD-DOACID001904
301st MP CO. BCCF and detainee APOSS was shot by LCPL
"Pikv - Li C Company, 3/24th Marines, BCCF.
Investigation established probable cause to believe the shootings of both detainees was
justifiable and neither SPC %k nor LCPL 1cμ 66, nmitted any criminal
offenses.
STATUTES:
18 USC. SEC 1792: RIOTING
Article 118, UCMJ: MURDER (JUSTIFIABLE HOMICIDE)
EXHIBITS/SUBSTANTIATION:
ATTACHED:
1. Agent's Investigation Report (AIR) of SA 7e,-/ te.,-/ 12 Apr 04, detailing
initial notification; interviews; and command coordination.
2. Waiver Certificate and Sworn Statement of LCPL 'N.4 ) . 11 Apr 04,
wherein he details the shooting of the detainee.
3. Waiver Certificate and Sworn Statement of SPC1C-0 / 1* 0 Apr 04, wherein he
details the shooting of the detainee
4. AIR of SA '764 i.76-1. 13 Apr 04, detailing interviews; command and SJA
coordination.
5. Compact Disc 040013.789, containing images of both deceased detainees.
(USACRC and File copies only)
NOT ATTACHED:
None.
The originals of Exhibits 1 through 5 were attached to the USACRC copy of this report.
STATUS: This is a Final (C) Report. This investigation is being terminated IAW CIDR
195-1, Chapter 4-17(a)(6) in that the Special Agent-in-Charge determined that
furtherance of the investigation would be of little or no value and leads remaining are
insignificant. Commander's Report of Disciplinary Action Taken (DA Form 4833) is not
required.
LEADS REMAINING: Interview of remaining MP's who were involved in quelling the
riot.
FOR OFFICIAL USE ONLY
ACLU-RDI 40 p.14 DOD-DOACI D001905
Report Prepared By: Report Approved By:
Special Agent in Charge
DISTRIBUTION:
1 —Director, USACRC, (ATTN: CICR-CR), 6010, 6th Street, Fort Belvoir, VA 22060-
5506 (original)
1 - CDR, 22nd MP BN (CID) (FWD)
1 - CDR, 3rd MP Group (CID) (email only)
1 - LNO, CID, CJTF-7 (For further distribution) (email only)
1 - SJA, 504th MI Brigade (ATTN: CPT -7(:- 3 , br , BCCF
1 - CDR, 16th Military Police Brigade (ATTN: COL 7C-. b&--3 1. Victory Camp,
APO AE 09342
1 - CDR, 391st MP BN (ATTN: LTC 1:,--3 1 hia, BCCF
1 - CDR, K Company, 3/24th Marines, BCCF
1 — File
r.
)
FOR OFFICIAL USE ONLY
- 3 -
ACLU-RDI 40 p.15 DOD-DOACID001906
;DATE EXHIBIT
1.1 fr - ; DATE rk-v' 6i •
- .1.-- -
AGENT'S INVESTIGATION REPORT
CID Regulation 195-1
! ROI NUMBER
0013-04-C1D789- 3 910,
PAGE I OF 1 PAGES
Details
BASIS FOR INVESTIGATION: About 0600. 11 Apr 04, this office was notified by the 391st Military
Police (MP) Battalion. Abu Ghru2,'eb, Iraq (AGI ) that another detainee was shot and killed while trying to
escape.
About 0703, 11 Apr 04. SA 72-f- bt, •/ interviewed LCPL /..V' -Sr
Company 3/24 Marines. AGI. - was advised of his legal rights. which he waived and provided a
sworn statement detailing his actions. b stated that he shot the detainee to protect his position
and to keep the detainee from escaping in accordance with the Rules of Engagement (ROE) that he was
briefed. (See Waiver and Sworn Statement of 7C 4-//k4) .-41
About OS10, 11 Apr 04, SA X:-/, bt--/ ,terviewed SGT 7C - 4 / 1!X, - K Company
3/24 Marines, AGI, who provided a verbal statement regarding the incident. le- -iithereated he was the
Sergeant of the Guard (SOG) for the midnight shift. *.ated he had to post the shift early as there
was a report of escaped detainees loose inside the compound. While posting the shift, they encountered and
detained 13 detainees who had escaped. "Z7e -0 stated he briefed his personnel on the use of deadly force.
7e1 ated he told the Marines use of deadly force was authorized if Marines or Coalition Forces were
threatened or in fear of grievous bodily harm. 4; stated the Marines were also briefed by an Army
sergeant (NF1) that deadly force was authorized to capture detainees who had escaped from the hardsite.
tated after posting his Marines, there was a shot(s) fired frora all undetermined location inside the
compound, and there was still one escaped detainee unaccounted for inside the compound. "nit- stated
everyone was at a heightened state of alert.
About 0830, 11 Apr 04. SA /, IA../ briefed CPT -7e-- y Executive Officer. K
Company 3/24 Marines. AU, on the status at' this investigation. 66", stated his Marines are
trained and empowered to make decision regarding use of force on the spot. 7e/ 46; -V stated the
Marines are not expect or required to call requesting permission to use deadly force.
About 1000. I 1 Apr 04. SA 7d hc--/ coordinated with SSG z be - . 301st
MP Company. AGI, who was the Hard site Shift NCOIC. SSG ated a review of the pass-on
book disclosed the deceased detainee was Khaled APOSS, #TAS00012, Tier 5A Cell 227, (NF1). SSG
7C7b6 -4 stated the Coalition Provisional Authority (CPA) maintained all of the prisoner files, and there
were no additional information available at the hardsite.
About 1030, 11 Apr 04. SA .2e-1, b4 iterviewed LCPL - 1./i e6- 5L K
Company 3/24 Marines. AGI. who provided a verbal statement regarding the incident. -** - -cL stated
about 0400, 11 Apr 04, they were notified that there were escaped detainees loose in the compound.
Davi, -.471 stated they captured 13 of the 14 detainees prior to taking their post at Tower 3. -Kt
stated they heard a report from Tower 4 of activity in the vicinity of the tower. then heard a report of shot(s)
tired. 7aht.- 44 stated they (he and believed the reports were related, and they feared the
escaped detainee may have taken a weapon. 7e-,1 stated 7Cfb4 - saw the detainee low crawling
towards their position. stated ired at the detainee once. believing the detainee was
a threat. 11 fj 112 Si.'
TV
S.
•
CIV I •,..01•11n 1 .7ICIAL USE ONLY I PREVIOUS EDITIONS CfF THIS FORM
1 FEB 77 PROTECTIVE MARKINGS IS EXCLUDED FROM WILL BE USED UNTIL EXHAUSTED
AUTOMATIC TERMINATION (Para 13. AR 340-16)
(When Data is Enteredl
ORGANIZATION
22ND MP RN ((A ►. FORT LEWIS. WA 98433
ACLU-RDI 40 p.16 DOD-DOACID001907
c,c.'21 -C‘-n -1/4. 0 -/b't
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR I90-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT -
AUTHORITY: ride 10, United States Code, Section 3012(c)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurate') identified
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retneval
DISCLOSURE: Disclosure of your Social Security Number is voluntary.
, 1 1.0C.VITUN
7 Abu Ghruyeb Prison. Abu Ghruyeb, Iraq
- DATE
11 Apr 04
1.4/Z 3 TIME I 4 FILE NUMBER
0-7C3 ;
S Name (l.mi 1. trst MU
le,- Lt , kt-- ,i
S CIRUAN1LA1 ICJN UR AUDI&
K, 3/24 Marines, Abu
SS
Ghruyeb. Iraq
i n SSN
1C' y, tt•
7 uRADE-S I All.)
LCPL
PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
SECTION A. Rights
The investigator whose name appears below told me that he/she is with the United States Army Criminal Investigation Command
Zig; -‘," and wanted to question me about the following offense(s) of which I am
suspected2ageuseda Murder icigv ""t
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:
I. I do not have to answer any questions or say anything.
2. Anything I say or do can be used as evidence against me in a criminal trial.
3. (For personnel subject to the UCA1.1) 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. 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-
- (For civilians not subject so the LICA1.1) I have the right to talk privately to a lawyer before. during, and after questioning and to have a law) er
present with me during questioning. I understand that this lawyer can he one that I arrange for at my own expense. or if I cannot afford a lawyer and
want one, a lawyer will he appointed for me before any questioning begins.
4. If I am now willing to discuss the ofiense(si under investigation. with or without a la‘ n yer present. 1 have the right to stop answering questions at
ann time, or 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 offensets) under investigation and make a statement without talking to a
la ,er first and without having a lawyerpres!
WITNESSES (Taman rITUTATI=171117TEVEt
. . .
7e- 1-/ , 44, -4/ le-v/ b6-v
_ 1 USU A1.11.A I PUN UR Allant.0 3 fl.., r nv,•._ , '
-• 3 , yA
.A, kre or l'rtoti, ICI- i I r
F , ,R, .'.i: :III , .-.. , )1. mloRi. ,,, Am, VI il is.,
Prison Interrocaation Team
Abu Ghruyeb. Iraq •
. SECTION C. Non-waiver - --
' I. I do no want to give up my rights
n I want a lawyer q I do not want to he questioned or sat anything
2 SIGNATURE OF INTERVIEWEE
rf` 1 L'u- It I Ms \\ AlvILI n (ilk 111 - 1(..A I I .- 10 ANY s n1/4 URN N r\ii.\11N i tIJA Ri(thl 28 , 3) MIMI (,)1;11:011 . 1.XJA 1:1111) HY 1111- til'Sl't-i: I :',,, t_ ltil i 1 ,.*.:
DA FORM 3881, NOV 89 (AUTOMATED) FD1•RIN of, Nov 54 IS OBSOLETE
ACLU-RDI 40 p.17 DOD-DOACID001908
C. e •
SWORN STATEMENT
File Number:
Location: Abu Ghruyeb Prison. Abu Ghruyeb. Iraq
Date: 11 Apr Time:
Statement of: 7e- 1-7 bb - y
SSN: , Grade/Status: LUPL
Org/Address: K 3/24 Marines. Abu Ghruyeb, Iraq
n
72- -I./ bb - 54 want to make the following statement under oath: I am a Marine
reservist on active duty. I am assigned to K 3/24 Marines, Abu Ghruyeb Prison, Iraq. About
0400, II Apr 04, I enroute to post for my shift as a tower guard, providing exterior security for
the prison. When we got to Tower 1A, there was a call over the radio from Shadow Main that 14
detainees had escaped and were loose on the compound. Immediately after that, Tower 3 called
on the radio and stated that there were detainees at there location. We responded to Tower 3,
which was the next tower we were posting to. Enroute to Tower 3, we found two detainees
which we captured. The detainees surrendered to us when we instructed them to halt and get on
the ground. The SOG (Sergeant of the Guard) stayed with the captured detainees, while the
remainder of us went to Tower 3. When we got to the tower, and the Army guards had already
captured two other detainees. We cordoned off the area, swept through the area, and captured 9
additional detainees. We then continued to post (at our respective towers). I posted at Tower 3.
After posting, Shadow Main radioed that they were still missing one escaped detainee. About
30 minutes to 1 hour later, there was a report of shots fired over the radio. Shadow Main asked
ECP (Entry Control Point) East and West, and towers 5 and 6 to try to pin-point the location the
shots were fired from. It was determined that the shots came from northeast of ECP East, which
is in the direction of Tower 3. About 5 minutes later, the SOG came by my position. Tower 3.
and told us, LCP 7f1 bb and I, to be on the look-out for the escaped detainee.
114 kept watch outside the compound and I kept watch inside the compound using
ANPVS7B night vision goggles. Within 5 minutes, I spotted the detainee, who was crawling
towards my position and the road. He was coming towards me at about 50 meters (inside the
wall). It was black and the image was blurry. I tried but couldn't see if he had a weapon or not.
I was afraid that the escaped detainee may have had a weapon and may have fired the shots
earlier. I was afraid that the detainee might shoot me or 76/26 - ‘74 in order get past our position.
I knew from previous briefings that deadly force was authorized for anyone threatening a
Marine. Also, an Army Sergeant told us earlier that night that deadly force was authorized to
stop an escape or escaped detainee once they left the hard site. The detainee appeared to be in a
prone position. I didn't have time to think, I just shot to protect myself and ied-A-Y I shot
one time with my assigned MI6A4, serial number 10127837, stock number 15. using the
ammunition I was issued. I maintained my position and kept the detainee in my sights, while
7C, 1 -1/ adio Shadow Main for further assistance.
Q: What if any briefings did you receive prior to assuming our duties on 11 Apr 04?
A: Prior to posting. we were briefed that there was intelligence that there was supposed to be an
attack: the prisoners were to riot, escape. get weapons: and take over the compound.
Q: Who gave you the intelligence brielmo?
A: CP1 /edit- "it . K 3/ 14 Marines. '44"
. t.
INI I IA LS 74}!' -V Page I of 2:
FOR OFFICIAL USE ONLY
F.XHIBIT :412
ACLU-RDI 40 p.18 DOD-DOACI D001909
STATEMENT OF: LCPL d 6--(1 DATED: I I Apr 04 CASE #:
0 ,.1 Were you briefed on the Rules of Engagement (ROE) prior to assuming your duties on 1 I
Apr 04?
A: Yes. I was told that I was allowed to protect myself or a member of the Coalition Forces if
threatened with deadly force, which I believed.! was. Also I was told that if the detainees were
on the fence or outside the fence (around the hard site) that deadly force was authorized, which
the detainee was outside that area and quite a distance from that fence. Additionally, the Army
Sergeant who was responsible for getting the detainees also told me during my shift that deadly
force was authorized to stop the escaped detainees.
Q: Who gave you the ROE briefing
A: The Sergeant of the Guard, SGT. hh4 K 3/74 Marines.
Q: Do you have anything to add to this ctnteMCIlt?
A: No. ///END OF STATEMENT/1 4// /76-4/1
- /It bb -
Ar
'AVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH
BEGINS ON PAGE 1 AND ENDS ON PAGE 2. 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 HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF
PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
7e -y, bG -V
(Signature of Person Making Statement)
Subscribed and sworn to before me. a person authorized by law to administer oaths, this 10' 1' day of April 2004 at
I ...an bh
7C-4
(S1g1141111C U. r Cl ZUll AU111111131\.111 15 V41311
Special Agent 7e-/, /917-1 (277
(Typed Name of Person Administering Oath)
Article 136(b)(4). UCMJ
(Authority to Administer Oath)
INITIALS "24 Pau .' of 2
FOR OFFICIAL USE ONLY
EXHIBIT .X
ACLU-RDI 40 p.19 DOD-DOACID001910
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10. United States Code. Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and lass enforcement officials huh means hs %%Inch ininrmation ma ∎ be accuratels identified
ROUTINE USES: Your Social Securit) Number is used as an additionaltalternate means of identification to facilitate tiling and retrieval
DISCLOSURE: Disclosure of your Social Security Number is voluntary 7 py
un. Anti\
Abu Ghruyeb Prison, Abu Ghruyeb, Iraq
_
2 DA I E ''',/..
10 Apr 04 /
. -DNIE ..,.. /C.( VC 4 HUN( MBES
I 3k ly
.
1/
/S .-4 .
b OKGANIZATION UK AULMS5
30I th Military Police Company. Abu Ghruyeb, Iraq
76 7 (MADE:Si ATVS
SPC
PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
SECTION A. Rights
The inves 76,11, .hose name appears below told me that he/she is with the United States Army Criminal Investigation Command
ti-
76/,9:7 and wanted to question me about the following offense(s) of which I am
suspecteckaccusettL. Murder- 1-1-
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 questions or say anything.
2. Anything I say or do can be used as evidence against me in a criminal trial.
3. (For persoirnel subject to the LICA id.d1 I have the right to talk privately to a lawyer before. during, and after questioning and to have a Ian er
present with me during questioning. This lawyer can he a civilian lawyer I arrange for at no expense to the Government or a military law er detailed
for tne at no expense to inc or both.
-or-
(Fin- en•thans not subject to the IVA]) 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 ill cannot afford a lawyer and
mum one. a lawyer will he appointed for me before any questioning begins.
4. !flan' nun willing to discuss the offense(s) under investigation. with or aithout a lawyer present. I base the right to stop answering questions at
any time, or speak privately with a lawyer before answering further. e% en if I sign the waiver below.
5 COMMENTS (Cm/ramie on reverse side)
SECTION B. Waiver
I understand my rights as stated above. I am now willing in dkrucs the offensew tinder investigation and make a statement without talking to a
lass •er first and without havin a law er .resent with me 7C
WITNESSES Of at'ailaYeD
-.--..=, t
h NAIL
b OR(jANIL A I Kit UK AUlltitSN ANS Ytit1M7 / , .....
3D,Z4e- ,i..(p c 0
.7e --/ 1 b6,- 1 v -3 \ WI-. /ink tsr l'rria
, t, I 1 .t...ciii ,. . A-. A.IIIRLY, • c s.li l'11, IV
Prison Interrogation Team
Abu Ghrun eb. Iraq
SECTION C. Non-waiver
1. I do no want to give up my rights
q I want it law) er q I do not want to be questioned or say anything .;;; 4 I-T.!. SICII;IATURE OF INTERVIEWEE .
'
Al !Ai_ it Ti Hs WAIVER CliRTIFICA 1 1 10 ANY SWORN SI:\ 1 l• SII-N1 MA r010,1 282:IISLIISEQUILN I IA 1.Nld A . 11:11 1S1' 1111 SI:SPIC1.:V . I I ''s1 1 I
DA FORM .3881, NOV 89 (AUTOMATED) EDITION (IF NOV R4 IS Of1S01.1:TE
ACLU-RDI 40 p.20 DOD-DOACID001911
Ut - C-1 - i V 1 0 ;;
SWORN STATEMENT
File Number: 0013-04-CID789
Location: Abu Ghruyeb Prison. Abu Ghruyeb. Iraq -IL, ‘c. 4
Date: 10 Apr 04 Time: C 6,-,fr
Statement of: "T' _V- M.) --Ii-
SSN: /L' ." Grade/Status: SPC
Org/Address: 301 11IMilitary Police Company. Abu Ghruyeb, Iraq
, q want to make the following statement under oath: I am a Military Police
reservist, assigned to work corrections at the hard site. Abu Ghuryeb Prison, Abu Ghruyeb, Iraq.
About 1700, 10 Apr 04, I went on shift at the hard site. I was assigned to patrol outside the hard
site to prevent the escape of any detainees. When I came on shift, the detainees were being loud.
As the shift went on, the detainees proceeded to start breaking out the concrete windows with
such things as metal pipes and bars. The detainees were also throwing rocks, chunks of concrete,
and trash at the patrols. One of the detainees was shooting rocks at us with a homemade slingshot.
About 1900, the MP XO came to our location and saw the detainees busting out the
windows and throwing things at the patrols. The MP XO told us to use less than lethal rounds to
prevent them from causing injury to the patrols and to keep them from escaping through the
windows. I fired about five less than lethal rounds. The less than lethal rounds did not seem to
have any effect, what so ever, on the detainees. About 1930, 10 Apr 04. the MAJ 7c./4-2/- q- and
the MP Battalion CDR, showed up to assess the situation. By then there were breaking a hole in
the wall at the back of the tier, Tier 5B. The MP Battalion CDR told us, the MPs outside the tier,
the Rules of Engagement (ROE) were to be if any of the detainees escaped and actually got
physically outside of the tier deadly force was to be used. After a while, the MP Battalion CDR.
the MP Battalion XO, and MAJ le2/44 -9 left. We continued patrolling outside the tier. I sat
down with CPL 46 nd PV2 741-g---4/ to watch the south side (wall) of the
tier. Tier 5B. About 2130, 10 Apr 04, one of the detainees jumped out of the tier through a
window. The detainee then started walking towards us. The three of us (me, 7e ,/m
h& -9 stood up, shouted to stop at the detainee, I held out my hand, then I chambered a
round in the shotgun. The detainee kept moving. I shot at the detainee, aiming center mass with
one round of 12 gauge 00 Buckshot. The detainee staggered and fell down. I rushed to give
medical assistance, but other detainees in the tier above began throwing chunks of concrete at
me. I retreated for my safety. Then the other members of the shift and the medics came. They
used shields to protect the medics who removed the detainee. 1 shot him because those were my
orders from the Battalion CDR. I was afraid that the detainee would attack us or that he would
try to escape.
Q: What kind of shotgun did you use?
A: I had a Mosburg 590 Shotgun 12 gauge with serial number 771353 .
Q: When You shot him could you see/tell if he was moving towards you or if he had turned to
run away?
A: No. I could not tell which ‘vay he was doing because it was dark and their wasn't too much
light.
Q: Do you have anything to add to this skatement?
.A: No. IND OF STATEMENT 16/2'd
11\111.11 S • l'aQ.c 1 (if
FOR OFFICIAL. USE ONLY
F.XIIIRIT .=S
ACLU-RDI 40 p.21 DOD-DOACID001912
CCl 4,- CL1 - t.-) 10`f - b5L1
STATEMENT OF: SPC -I—" 12‘. DATED: I() Apr 04 CASE #: 0013 -0.1 -C1D789
°2 -4- AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON
' PAGE 1 AND ENDS ON PAGE 2. 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 HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF
PUNIS"s•r"T A "n WITHOUT COERCION, UNLAWFUL INFLUENCE. OR UNLAWFUL INDUCEMENT.
24 ti.0
g Statement)
Subscribed and sworn to before me, a person authorized by law to administer oaths, this 10 th day of April 2004 at
Ab" nkr..uph I ran
...• . • ....... "ar, %Jul")
Special Agent , P6-1 Pk
(Typed Name of Person Administering Oath)
Ati 1 77(. OP)(4 Article 1:16:-LICMJ
(Authority to Ad sinister Oath)
INITIALS Page
FOR OFFICIAL USE ONLY
EXHIBIT 3
(Signk
ACLU-RDI 40 p.22 DOD-DOACID001913
ORGANIZATIIOONN
Prisoner Interrogation Team (PIT) (CID) (FWD)
Baghdad Correctional Facility, Abu Ghru ,eb. Ira
DATE
13 Apr 04
EXIIIBIT
• • .
AGENT'S INVESTIGATION REPORT ROC NUMBER
0013-04-C1D789-83982
CIL) Regulation 195-1
PAGE 1 OF 2 PAGES
AILS
BASIS FOR INVESTIGATION: At 2200, 10 Apr 04, this office was notified by the 391st Military Police
(MP) Battalion (BN), Baghdad Correctional Confinement Facility (BCCF). Abu Ghruyeb. Iraq. that one
Detainee (HAMED) was shot and killed when he tried to escape from 5B of the hardsite.
About 2))0. 10 Apr 04, SA 1e -1 i b+:,--1 this office. coordinated with SFC 7e-q, 176 -51
1 91 51 Military Police (MP) Battalion (BN), Prisoner In-Processing Section, Abu Ghruyeb, Iraq
(AGI), who stated he could not identify the deceased detainee using a retinal scan. SFC 7e-di - ¢ ted
the detainee was not in the system.
At 2230, 10 Apr 04, SA .1c/I'6 .--1 nterviewed PVT . 301st Military Police
(MP) Company, Baghdad Correctional Confinement Facility (BCCF). Abu Ghruyeb. Iraq. PVT "r-N,01.--s/
stated he was one of three MP's who were guarding the outside of Tier 5B. PVT -4:46 bec-4- stated a Detainee
(FUMED) crawled through a burned out window. The military police directed the detainee to halt three
times. but the detainee ignored the command and started to run. SPC -7C-v /
301st MP Company, BCCF, Abu Ghruyeb. Iraq, fired one round of buckshot which struck Detainee HAMED
in the back. fatally wounding him.
About 2235. 10 Apr 04. SA
digital camera.
xposed photographs of the detainee and his injuries using a Kodak
At ))45, 10 Apr 04, SA bb/ nerviewed CPL y , /96 —V , 301st MP
Company. BCCF, Abu Ghruyeb, Iraq. CPL -76-q/b6,--V stated she noticed a Detainee crawling through a
window on the bottom floor. She told the detainee to halt three times, but the detainee started to run. SPC
hen fired one round of buckshot at the detainee. CPL PC- - ?elated, SPC 761:6-v ind PVT
tempted to administer first aid to the detainee. but were forced back by other detainees who were
throwing rocks and pipes at them.
At 2300. 10 Apr 04, SA lel 1 vb-I oordinated with CPT 7e/ - V Thinmander, 301st MP
Company, BCCF, Abu Ghruyeb, Iraq and briefed him on the status of this investigation.
AGENT'S COMMENT: A Crime Scene Examination was not conducted due to officer safety concerns. As
MP and CID personnel were approaching the crime scene. detainees began throwing rocks and pipes.
About 2330. 10 Apr 04. SA 76-1 n 0° - 1 lordinated with LTC 126-4
391' MP BN. Abu Ghruyeb Prison. Iraq and briefed him on the status of this case.
Commander.
ut1KM 94
I 1.114 77
FOR OFFICIAL USE ONLY
ACLU-RDI 40 p.23 DOD-DOACID001914
ROI NUMBER
AGENT'S INVESTIGATION REPORT 0013-04-C1D789-83982
CID Regulation 195-1
PAGE 2 OF 2 PAGES
DET AILS
About 2350, 10 Apr 04, SA --/C be -7 - - " - is office, advised SPC -11- if his legal rights, which he
waived and provided a sworn statement detailing the incident. (See waiver Certificate and Sworn Statement)
About 0906, 11 Apr 04, SA lc coordinated with SFC 7L 4%, - C/ Ind obtained a copy of the
death certificate pertaining to Detainee HAMED.
About 0930, 12 Apr 04, SA IC-I I Ise (coordinated with CPT 7c, 61;- Command Judge Advocate,
504th Military Intelligence Brigade and Abu Ghruyeb Prison, Abu Ghruyeb, Iraq. CPT 7cboc 4f ,ined
that no crime was committed and the shooting was Justifiable Homicide.
About 1230, 13 Apr 04, SA ;V.!, e," -/ iterviewed LTC "r'be stated he briefed all military police
working at the prison the rules of engagement, which included the use of deadly force if a detainee attempted
to escape.///LAST ENTRY///
ORGANIZATION
Prisoner Interrogation Team (PIT) (CID) (FWD)
Baghdad Correctional Facility. Abu Ghruyeb; Iraq
DATE EXHIBIT
13 Apr 04 (.1
CID FORM 94
I FEB 77
FOR OFFICIAL USE ONLY
TYI
ISA
ACLU-RDI 40 p.24 DOD-DOACID001915
0013-04-C1D789-83982
PHOTOGRAPHIC PACKET
NUMBER DESCRIPTION OF PHOTOGRAPHS
1. Photograph depicting the full body (Side) of HAMED
2. Photograph depicting the face of HAMED
3. Photograph depicting the entry wound to the back of HAMED
4. Photograph depicting the second entry wound to the back of
NAMED
5. Photograph depicting the window where HAMED escaped
6. Photograph depicting where HAMED fell after being shot
7. Photograph depicting a overall view of tier 5B
8. Photograph depicting the building number
9. Photograph depicting the face of APOSS
10. Photograph depicting the full body (Side) of APOSS
11. Photograph depicting the full body (Front) of APOSS
12. Photograph depicting the full body (Back) of APOSS
13. Photograph depicting the entry wound to shoulder of APOSS
FOR OFFICIAL EXHIBIT
USE ONLY
ACLU-RDI 40 p.25 DOD-DOACI D001916
(7`)/3- 0Y- CiP7 3115,2
P)C 5
t n
ACLU-RDI 40 p.26 DOD-DOACID001917
AGENT'S INVESTIGATION REPORT ROt NUMBER
0013-04-C1D789-83982
CIL) Regulation 195-1
PAGE 1 OF 1 PAGES
About 1650, 15 Jun 04, this office was notified by the 22" MP BN that this investigation was to be reopened
to obtain the death certificate pertaining to both detainees.
About 1100. 16 Jun 04, INV 76-1 1)&7 _ this office, coordinated with SFC 7e-I,/ 4:6 -
-7c - / hb--14COIC, Detainee In-Processing Section, BCCF who stated there was not a copy of either
detainees death certificate on file.
About 1130, 16 Jun 04, INV 7c/124. / Zoordinated with SPC . -70- y i bb- 4 Clerk. Task Force Oasis, 67th Combat Support Hospital, BCCF who stated there was not a death certificate
on file for either detainee.
About 1230, 16 Jun 04, INV .. ib4 / :oordinated with CW4 —7 6' / 6 Senior
Interrogator, JIDC, BCCF who related all records pertaining to both detainees were located at CJTF-7. CW4
ie -gdx-fdded his organization does not obtain death certificates to place in their files.
About 1000. 17 Jun 04, SA 76 e/.1' coordinated with _ e7.4/ .' 6 -
Battalion Aid Station. 391st MP BN, BCCF who provided an unsigned death certificate for Detainee
HAMEL/ (See Death Certificate for details)
About 1300. 17 Jun 04. SA 7e4" coordinated with Mortuary Affairs, Baghdad International Airport (131AP)
who related they had no information concerning the death of Detainee AMIR.
:.,:filialgilllillill/////////////////////////////////////////////LAST ENTRY/////////////////////////////M///////8/fitilliMiiiitHilf - :
I n •.; ANIF AND NiltOBIR
SA
'RI
1 : ()K .A1
i I
ORGANIZATION
Prisoner Interrogation Team (PIT) (CID) (FWD)
Baghdad Correctional Facility. Abu Cihruveb. hay M'-/ 1 EXHIBIT
1;7,-
DATE
17 Jun 04
.:OR OFFICIAL USE ONLY
ACLU-RDI 40 p.27 DOD—DOACID001918
Page(s)
.02. g - e2 '7
Referred to:
U.S. ARMY MEDICAL COMMAND
FREEDOM OF INFORMATION/
PRIVACY ACT OFFICE
ATTENTION: MCFP
2050 WORTH ROAD, SUITE 13
FORT SAM HOUSTON, TEXAS
78234-6013
MR. JOHN PETERSON
John.Petersonl@cen.amedd.army.mil
(210) 221-7826
ACLU-RDI 40 p.28 DOD-DOACID001919
ROI HUMBLE
AGENT'S INVESTIGATION REPORT
CID Regulation 195-1
DE JAILS:
0013-04-C1D789-83982
PAGE OF 1 PAGE
• l• •
DATF, USACIDC
About 1030, 4 Aug 04, SA "1:: 1 - Detainee Assessment Task Force (DATF), USACIDC, Fort
Belvoir, VA 22060, reviewed the Provost Marshal's Office, Detainee Not In Camp Roster, using query for
"dead" and identified entries pertaining to detainee Abbas Khalid HAMED, Detainee 26162, a victim in 0013-
04-CID789-83982. According to the roster, HAMED was entered into the database as deceased; however, he
was re-entered into the database upon determination he was not dead and issued a new ISN (USIZ-159991CI).
HAMED's previously assigned ISN was US9IZ-157073CI. The roster indicated he was released from custody
on 4 May 04 (see database printouts for details).
AGENT'S COMMENT: After discussion with CW5 1i -'1 fly Y Operations, DATF, there is a
possibility ie victim listed in 0120-04-CID789, may have been the person who died during this riot.
Abbas FARHAN's, reported he had obtained a death certificate which reflected his son -7Gi 'ied at Abu
Ghraib on 14 Apr 04, from a gunshot wound. To date, attempts to locate 1rd-2; -f on any databases within this
office have met with negative results.
About 1500, 6 Aug 04, SA 7C-bb•oordinated with SA le -bb / Operations, USACIDC and arranged
for an Arabic linguist to view the digital images exposed of the deceased individual previously identified as
HAMED, based upon the tattoo's of potential Arabic writing on the chest of HAMED.
AGENTS COMMENT: SA --eg;is slated she would attempt to arrange for an Arabic linguist to examine the
questioned writing in the images contained on Exhibit 5, Compact Disc 040013.789.
About 0900, 10 Aug 04, SA 1C-19t) .:oordinated with an Arabic Linguist who examined the images in
question (DCP_0196 and DCP_0197). According to the Linguist, the questioned writing on the chest of the
individual started with "My brother"; however, the remainder of the writing was partially obscured by scar tissue
and could not be positively identified. The Linguist did provide the following possible wording, either "Fahim"
or "Qaasim" (see Linguist's handwritten notes for details).
11/11111/1111111111111111111111/1111111101111/111/11111111111Last Entry///////////////////////////////////////////////////////////////////////////////////
1t,- I 6-7/
LXJiLHI I
.•n•n
CLIO ".71.1.1.41.
(Automated)
10 Aug 04
FOR OFFICIAL USE ONLY
Protective Marking is Excluded From Automatic Termination (Para 13, AR 34.16)
\.‘
ACLU-RDI 40 p.29 DOD-DOACI D001920
Page(s)
.33
•
Referred to:
U.S. CENTRAL COMMAND
7115 SOUTH BOUNDARY BLVD
ATTN: CCJ6-DM
MACDILL AIR FORCE BASE
FLORIDA 33621-5101
MS. JACQUELINE SCOTT
scottj@centcom.smil.mil
(813) 827-5341/2830
ACLU-RDI 40 p.30 DOD-DOACID001921
AGENT'S INVESTIGATION REPORT
CID Regulation 195-1
ROI NUMBER
0013-04-CID789-82982
PAGE 1 OF 3 PAGES
DETAILS
About 1500, 18 Aug 04, this office received an email from the Assistant Operations Officer (AOPS). 22 nd MP
Bn. Camp Victory, Baghdad, Iraq, with an attachment which contained a Request for Correction. 0434-04-
CID001, from USACIDC, requesting a corrected final for this investigation, and an attachment which
contained a Transmittal of Information, USACIDC, in which an administrative review revealed one of the
decedents of this investigation may have been misidentified.
About 1300, 19 Aug 04, SA 7C fx -1 :oordinated with 7C-', ib , GS-14, Coalition
Provisional Authority (CPA), Correctional Advisor, Department of Justice (DOJ), and Mr. 7:=-"/
dob- 47 3S-15E, CPA, Correctional Advisor, DOJ, who queried their database for information
pertaining to Abbas Khalid HAMED, Interment Serial Number (ISN) 26162, National Detainee Reporting
System (NDRS) US9IZ-157073C1 and NDRS US9IZ-159991C1, and Knaled APOSS, Prisoner Identification
Number (PIN) 000012 and any information pertaining to detainees on or about 10 Apr 04. Mr. 7e
query revealed no information pertaining to HAMED or APOSS, however, did reveal two deceased Internees,
Kalib Abas MAHMUED, TAS 00012, killed by Military Police and Musa Abas FARHAN, 3153, killed by
Military Police/Marines. The date associated with these entries reflected 9 May 04. Another entry in the date
base listed Internee 3153 was killed by Marines, but listed no name and was dated 13 Apr 04. 2- A- - S..'
provided a copy of the spreadsheet. -16 s, hb '' ,fated the records kept during the time period in question
was not done well (See Spreadsheet for details).
About 1430, 19 Aug 04, SA IC"- "/ ?e Iv*" , with the assistance of linguist '?e -9 cyc
ladge # Titan Corportation, coordinated with 76- 4-/ , be --4Z Badge
76-4/L-t-4 Legal Department, Iraqi Corrections Services, Ministry of Justice, who conducted a search of
record ledgers pertaining to Internees, Hardsite, Abu Ghraib Prison, which revealed two entries dated 12 Apr
04, which reflected Kalid Abas MAHMUED, 00012 and Musa Abas FARHAN, 3153, had been killed. The
ledger entry did not reflect the specific date or means of death of the two individuals (See Ledger Record for
details).
About 1510, 19 Aug 04, SA-,C coordinated with Mr. le - b6. - S-14, CPA, Warden
Advisor, DOJ, who stated he and his staff arrived at the Hardsite on 11 Apr 04 to take over operations. Mr.
-xi 5, I*4,5 ited he was given custody of the remains of two unknown deceased Internees, who had been
killed the previous day or two during a riot/escape attempt. Mr. -.5i', I g.tated the two decedents were
identified by other Internees as there was no way to obtain a positive identification. Mr. tated he
would not be surprised if the two deceased individuals from the riot/escape attempted had been misidentified.
Mr. •ferenced the difficulties tracking the Internees and the poor record keeping. Mr. -7_-.4r; ,rt-i
stated the situation for tracking Internees has not improved under Iraqi control.
About 1536, 19 Aug 04, SA 7C - pordinated with 2LT: 70, 196 428th
MP CO, Abu Ghraib, Iraq (USAR, South Bend, IN), who provided a copy of the 391 st MP Bn, Significant
Incident Report (SIR), dated 10 Apr 04, which listed the decedent as Khalid Apass HEMAD, TAS 00012 (See
SIR for details).
ORGANIZATION
PRISONER INTERROGATION TEAM (PIT)(CID)
Baghdad Central Confinement Facility, Abu Ghraib 09342
DATE . EXHIBIT
23 1411 •
01/
lo '4 L. -LAW ENFORCEMENT SF"SITIVE
CI:, FORM 9.1 FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE
ACLU-RDI 40 p.31 DOD-DOACID001922
AGENT'S INVESTIGATION REPORT
CID Regulation 195- 1
0013-04-C1D789-82982
PAGE 2 OF 3 PAGES
ROI NUMBER
DETAILS
About 1600, 19 Aug 04, SA 7:- r l (_;6-1 coordinated with CPT -1L- r 4.16; - 301' MP
CO, Abu Ghraid, Iraq (USAR, Fort Buchanan, Puerto Rico), who stated his unit controlled the
Hardsite when two Internees were killed in Apr 04. CPT IL '.ated he remembered the incident, but
would have to see if his unit retained any records pertaining to the incident.
About 2000, 19 Aug 04, Linguist . -Z • and Linguist 1cl bb
information obtained from the Ledger (See Translation of Ledger for details).
translated the
About 1120, 20 Aug 04, SA -2(.: oordinated with 1LT 74-- Ff /W.-- 5'
301' MP CO (USAR, Fort Buchanon, Puerto Rico), provided a packet containing indecent reports from
numerous unit members detailing their actions pertaining to events that occurred between 10 Apr 04 and 11
Apr 04 (See Packet for details).
About 1210, 20 Aug 04, SA -,*(3-/ - coordinated with SGT 7e-- Is 6?6 -1? and SPC
7C-rh b - g* HHC, 391" MP CO, Abu Ghraib, IZ, who conducted a search of their
Biometerics Automated Toolset (BATS) and NDRS databases for information pertaining to Internee numbers
00012 and 3153, which met with negative results. SGT P' conducted a search of his databases for
information pertaining to MAHMUED and FARHAN, which met with negative results. SGT -g- • AL_
stated the 391' MP CO, Inprocessing Center, stopped inprocessing Iraqi Internees in BATS around early Mar
04. SGT le,/&045/ stated Internees processed prior to Mar 04 should had been entered into BATS and
assigned a 5 or 6 digit number.
AGENT'S COMMENT: SPC located a capture tag number pertaining to an Internee
SPC 7c1110 "j• stated Ic'ile9 - 'as transferred from
the Hardsite on 3 Feb 04. SPC 1C11):0• 3 stated Internees/Detainee can have the same capture tag number
since they come many different units and areas.
About 1320, 20 Aug 04, SA 7c- /1 hi, -/ created a photo comparison of the two decedents and HAMED
utilizing photos from death scene and from BATS (See CD for Photo Comparison).
About 1340, 21 Aug 04, SA 7C-/t 04-I coordinated with SPC 7C.- -3- b6-.5., , HHC,
HI Corps, Detention Operations, SJA, Abu Ghraib, IZ, who stated a search of his database met with negative
results for information pertaining to FARHAN, MAHMUED, 3153 and TAS 00012.
About 2000, 22 Aug 04, SA -ye.--/ 64. -/ coordinated with SGT -7C-3 lo6 -3
Patient Administration Specialist, BCCF Hospital, AGI, who stated no records existed for either
detainee. She stated according to her records, neither of the detainees were brought to the hospital after the
incidents.
About 1200, 23 Aug 04. SA 7G-I / d Mr. le-le - 6E ' GS-12, CPA. Corrections Advisor,
DOJ, BCCF, Abu Ghraib, IZ with the assistance of Linguist Badge # Titan
/-
-1
b
ORGANIZATION
PRISONER INTERROGATION TEAM (PIT)(CID)
Baghdad Central Confinement Facility, Abu Ghraib 09342
DATE I EXHIBIT
L
I
ruts oFFv- IAL USE ONLY-LAW ENFORCEMENT SF"SITIVE
CI FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE t!
ACLU-RDI 40 p.32 DOD-DOACI D001923
DATE
FOR OFFIr"41- USE ONLY-LAW ENFORCEMENT SF"SITIVE
AGENT'S INVESTIGATION REPORT
CID Regulation 195- 1
ROI NUMBER
0013-04-CID789-82982
PAGE 3 OF 3 PAGES
DETAILS
Corp, Abu Gharaib, IZ, coordinated with Dr. /c- q I 3adge BCCF by prison Health Unit,
BCCF, Abu Gharaib, IZ, who conducted a search for information pertaining to Detainee FARE-IAN and
MAHMUED, which met with negative results.
AGENT'S COMMENT: Based upon the records obtained from CPA and MOJ it appears the individuals
killed on 10 Apr 04 and 11 Apr 04 were Internees MAHMOUD and FARHAN. Internee HAMED was
originally listed as one of the decedents, however, on 20 Apr 04, the error was identified and annotated in
BATS. HAMED was assigned a new NDRS number then released on 4 May 04. There was no information
found on Internee APOSS or the PIN 000012, as originally listed. Based upon the information found,
MAHMOUD's PIN was TAS00012, which indicated he was transferred from Tas Farrat Prison, and
FARHAN's PIN was 3153. However, a search of numerous databases listed no information for either of the
PIN's. Coordination with CPA disclosed the record keeping for the Hardsite Internees was poor at best.
Further, since the responsibility of the Hardsite has been turned over to the Iraqi Government, there has been
no improvement in record keeping to track Internees.
11111111111111111111111111111111111111111111111111111111111111111ILAST ENTRY/a///////////////////////////////////////////////////////////////
CID FOP 94
ORGANIZATION
PRISONER INTERROGATION TEAM (PIT)(CID)
Baghdad Central Confinement Facility, Abu Ghraib 09342
EXHIBIT 11•
FOR Ut-I-iL.tikt- uSE ONLY-LAW ENFORCEMENT SENSITIVE
S14
by
ACLU-RDI 40 p.33 DOD-DOACI D001924
Page(s)
3?-Go
•
Referred to:
U.S. CENTRAL COMMAND
7115 SOUTH BOUNDARY BLVD
ATTN: CCJ6-DM
MACDILL AIR FORCE BASE
FLORIDA 33621-5101
MS. JACQUELINE SCOTT
scottj@centcom.smil.mil
(813) 827-5341/2830
ACLU-RDI 40 p.34 DOD-DOACI D001925
0013 789- 7969'5Z_
gicir„i6J4-17
ACLU-RDI 40 p.35 DOD-DOACID001926
DATE: 11 APR 04
FROM: SAC, ABU GHRUYEB PRISON COMPLEX (CID)
TO: DIRECTOR, USACRC, USACIDC, FORT BELVOIR, VA
CDR, HQUSACIDC //CIOP-ZA//
CDR, 22ND MP BN (CID) (FWD)//01"Sii
CDR, 3D MP GROUP (CID)//OPS//
SJA, 16 th MP BDE
LNO CID, CJTF-7 (FOR FURTHER DISTRIBUTION)
CDR, 16" MP BDE
CDR, 391 st MP BN
SUBJECT: CID REPORT -INITIAL/SSI-0013-04-CID789-83982-5H6-
5Y3
DRAFTER: SA
RELEASER: SP 74C1-/
UNCLASSIFIED - FOR OFFICIAL USE ONLY
1. DATES/TIMES/LOCATIONS OF OCCURRENCES:
1. 10 APRIL 2004/1930 HRS - 10 APRIL 2004/2130
HRS, ABU GHRUYEB PRISON, ABU GHRUYEB, BAGHDAD, IRAQ
2. 11 APRIL 2004/0500 HRS - 11 APRIL 2004/0540
HRS, ABU GHRUYEB PRISON, ABU GHRUYEB, BAGHDAD, IRAQ
2. DATE/TIME REPORTED: 10 APRIL 2004, 2200
3. INVESTIGATED BY: SA 7C-I .064 EaX SA 7C-I
100-1 121,-- SA bb-1 h 7-
4. SUBJECT: 1. HAMED, ABBAS KHALID (DECEASED); INTERNMENT
SERIAL NUMBER (ISN 26162); 01 JANUARY 1986; UNKNOWN, IZ; M;
WHITE; DETAINEE; BAGHDAD CORRECTIONAL CONFINEMENT FACILITY
(BCCF), ABU GHRUYEB, IZ; ZZ [RIOTINGUJUSTIFIABLE HOMICIDE]
2. APOSS, KNALED (DECEASED); PRISONER
IDENTIFIACATION NUMBER (PIN 000012); UNKNOWN, IZ; M; WHITE,
DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [RIOTING]
[JUSTIFIABLE HOMICIDE]
5. VICTIM: 1. U.S. GOVERNMENT; (301 TH MILITARY POLICE
COMPANY) [RIOTING] [JUSTIFABLE HOMICIDE]
2. U.S. GOVERNMENT; (K COMPANY, 3/24TH
MARINE) [RIOTING] [JUSTIFABLE HOMICIDE)
63
ACLU-RDI 40 p.36 DOD-DOACID001927
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 10 MAR 04, THIS OFFICE WAS NOTIFIED BY THE 391 sT MILITARY
POLICE (MP) BATTALION (BN), ABU GHRUYEB PRISON, ABU
GHRUYEB, IRAQ THAT DETAINEE NAMED, WAS SHOT AND KILLED BY
MP GUARDS AND DETAINEE APOSS, WAS SHOT AND KILLED BY
MARINES WHEN THEY ESCAPED AFTER RIOTING IN TIERS 5A AND 5B
OF THE ABU GHRUYEB PRISON HARDSITE.
PRELIMINARY INVESTIGATION REVEALED A RIOT BEGAN IN TIER 5B
OF THE ABU GHRUYEB PRISON HARDSITE AND MP GUARDS SET UP A
PERIMETER ON THE OUTSIDE OF TIER 5B. WITHIN TIER 5B THE
PRISONERS HAD BROKEN THEIR THE LOCKS TO THEIR CELLS AND
WERE THROWING ROCKS AND METAL PIPES AT THE MILITARY POLICE
GUARDS. ALL MEMEBERS IF THE GUARD FORCE WERE.BRIEFED ON
THE RULES OF ENGAGEMENT (ROE) AUTHORIZING THE USE OF DEADLY
FORCE. MULTIPLE ATTEMPTS WERE MADE TO STOP THE RIOT
UTILIZING VERBAL PERSUATION AND WITH LESS THEN LETHAL
MUNITIONS. DETAINEE HAMED THEN JUMPED THROUGH A WINDOW AND
WAS ORDERED TO HALT THREE TIMES BY MILTARY POLICE
PERSONNEL. DETAINEE THEN ATTEMPTED TO RUN AND SPC 761.-1.0 1
301ST MP COMPANY, ABU GHRUYEB, IRAQ,
ENGAGED DETAINEE HAMED WITH ONE ROUND OF BUCKSHOT STRIKING
HIM IN THE BACK.
LATER THAT EVENING, IN TIER 5A OF THE ABU GHRUYEB PRISON
HARDSITE, FIFTEEN DETAINEES ESCAPED OUTSIDE OF THE TEIR.
DURING THE ESCAPE, U.S. MARINES RE-CAPTUREED FOURTEEN OF
THE DETAINEES. WHILE THE MARINES WERE COLLECTING THE
ESCAPED DETAINEE'S, A GUN SHOT WAS HEARD. DETAINEE APOSS
WAS ATTMPTING TO FLEE THE PRISON BY CRAWLING ON THE GROUND
TOWARD AN EXIT. LCPL 7G1 hb - , K
COMPANY, 3/24TH MARINE, ABU GHRUYEB, IRAQ, IDENTIFIED
DETAINEE APOSS CRAWLING ON THE GROUND AND ENGAGED HIM WITH
ONE ROUND OF 5.56MM IN ACCORDANCE WITH THE ROE, STRIKING
HIM IN THE UPPER SHOULDER.
AT THE WRITING OF THIS REPORT, THE EXACT TIMES OF DEATH
WERE UNKNOWN OR IF AUTOPSY'S WILL BE CONDUCTED ON THE
DECEADED DETAINEES.
4
ACLU-RDI 40 p.37 DOD-DOACID001928
AT 2350, 10 APR 04, SA 7C-ii*-4 ADVISED SPC OF HIS
LEGAL RIGHTS, WHICH HE WAIVED AND PROVIDED A WRITTEN
STATEMENT WHICH DETAILED THE EVENTS SURROUNDING AND HIS
ACTIONS DURING THE SHOOTING OF THE DETAINEE. SPC
STATED HE SHOT THE DETAINEE (HAMED) TO PROTECT THE OTHER MP
PERSONNEL AND TO PREVENT DETAINEE (FLAMED) FROM ESCAPING.
AT 0703, 11 APR 04, SA 7c426-/ ADVISED LCPL OF
HIS LEGAL RIGHTS, WHICH HE WAIVED AND RENDERED A SWORN
STATEMENT WHICH HE DETAILED THE EVENTS SURROUNDING AND HIS
ACTIONS DURING THE SHOOTING OF THE DETAINEE. LCPL 7C-1/06-4
STATED HE SHOT THE DETAINEE (APOSS) TO PROTECT FELLOW
MARINES AND TO PREVENT DETAINEE (APOSS) FROM ESCAPING.
THE OCONUS CID CASUALTY LIASON OFFICER (CLO) IS SA iCip6, --/
7C1b6-/ 75TH MP DETACHMENT (CID), PRISON INTERROGATION TEAM
(PIT), ABU GHRUYEB PRISON, ABU GHRUYEB, IRAQ, AT DNVT 318-
550-
INVESTIGATION CONTINUES BY USACIDC.
7. CID REPORTS ARE EXEMPT FROM AUTOMATIC TERMINATION OF
PROTECTIVE MARKING IN ACCORDANCE WITH CHAPTER 3, AR 25-55.
FOR OFFICIAL USE ONLY
65
ACLU-RDI 40 p.38 DOD-DOACI D001929
I. Date:
CID Form 66
12. Time Received: 1 7, Case Number:
11 Apr 04 2200 0013-04-C1D789-83982
.3. Offenses(s):
Two Detainees shot and killed while trying to escape .
8. Assiabn ed To:
SA -.6 66 -4
4. Subject(s):
liAMED and APOSS
9. Type of Action:
ROI
5. Victims:
US Gov.
10. Reports
Type Suspense Completed
g_info.s.of 11 Aur oq
6. Case Description:
At 2200 hrs. this office was notified by the 391'' MP BN operations that
two detainees had been shot &rim! a riot at the "hard site - . both of which
were deceased.
This is an Operation Iraqi Freedom Investigation.
-_...,, r zi 114
11. Other Action 12. CID Funds
Action Required Completed Date Amount
Criminal Info
Evidence Cust
—1 •
t
a 000 1.
L
54c
ACLU-RDI 40 p.39 000-DOACI D001930
INVESTIGATIVE PLAN SEQUENCE NUMBER
0013-04-C1D789-83982
DATE
28 Mar 04
OFFENSE:
Shooting
SUBJECT:
VICTIM:
ASSIMIED TO:
SA 7t-PI: bb-i
DATE NOTED PLANNED ACTIVITY
DATE
SUSPENSED
DATE
COMPLETED
10 Apr 04 Coordinate with SFC 1C., zt, b6 "44 10 Apr 04
10 Apr 04 Interview PVT 7C,te, /4 &I 10 Apr 04
10 Apr 04 Photograph Detainee NAMED 10 Apr 04
10 Apr 04 Interview CPL 7C. - q 1 bi, - 41 I 0 Apr 04
10 Apr 04 Coordinate with Unit CDR 10 Apr 04
10 Apr 04 Conduct Crime Scene Examination N/A
10 Apr 04 Burn pictures to CD 10 Apr 04
10 Apr 04 Interview SPC 7:“.6:4. 10 Apr 04
10 Apr 04 Interview LCPL 7C- - ttli i,* -I/ 11 Apr 04
10 Apr 04 Interview SGT IC'4 60t. 11 Apr 04
10 Apr 04 Interview LCPL 7C-0, b:: -.4 II Apr 04
10 Apr 04 Coordinate with SJC (CPT "7:-, 4,6-4.4 -t,11 12 Apr 04
1
MISCELLANEOUS ACTIVITY
ACTION COMPLETED ACTION COMPLETED
Obtain MP Report n Sources targeted 1111
NCIC entry on stolen prop n Medical records requested n
Film submitted for contact sheet n Name check dispatched q
2701s issued to all of the
victims and witnesses
n Name check results received n
CONTACTS/PHONE NUMBERS INVESTIGATIVE STANDARDS
ACTIVITY/PERSON PHONE NUMBER VICTIMS INTERVIEWED 24 hours
EYE WITNESSES INTERVIEWED 24 hours
EVIDENCE DEPOSITED 1 duty day
LAB REQUESTS 5 duty days
RFA'S SENT OUT 5 duty days
MEANINGFUL INV ACTIVITY 10 duty days
RFA FOLLOW UP 15 duty days
KNOWN SUBJ FINALS 15 duty days
UNFOUNDED FINALS 15 duty days
UNKNOWN SUBJ FINALS 30 cal days
ACTION TAKEN 30 cal days
._.. - • - __ .. ..
---- . _...
__ .
'
900u0„2
ACLU-RDI 40 p.40 DOD-DOACID001931
At 2230, 10 Apr 04, SA 7e-//661. 'nterviewed PVT . b6 4
301st Military Police (MP) Company, Baghdad Correctional Confinement Facility
(BCCF), Abu Ghruyeb, Iraq. PVT 7Colt , ,66, -Cr.tated he was one of three MP's who
were guarding the outside of Tier 5B. PVT . Go stated a Detainee (HAMED)
crawled through a burned out window. The MP's present announced three times for
Detainee HAMED to halt and he began to run. SPC 7C.-4 / /26-6,
;16-001st MP Company, BCCF, Abu Ghruyeb, Iraq, fired one round buckshot
which struck Detainee HAMED in the back which killed him.
About 2235, 10 Apr 04, SA 416-/ xposed photographs of the detainee and his
injuries using a Kodak digital camera. (See Photo Log)
At 2245, 10 Apr 04, SA 74 41,71 interviewed CPL 7C - (p —
Olst MP Company, BCCF, Abu Ghruyeb, Iraq. CPL -3161.-3 stated
she noticed a Detainee crwling through a window on the bottom floor. Detainee
HAMED was told three times to stop, then Detainee HAMED started to run. SPC
Icii,b.- then fired one round of buckshot which killed him. CPL 7C- 3
related, SPC7_A.3and PVT -19 bt,-/9 lttempted to administer first aid to the
Detainee, but were forced back by other Detainee's throwing rocks and pipes at them.
At 2300, 10 Apr 04, SA 714, :oordinated with CPT 7 Cr
Commander, 301st MP Company, BCCF, Abu Ghruyeb, Iraq and briefed him on the
status of this investigation.
AGENT'S COMMENT: A Crime Scene Examination was not conducted due to
officer safety concerns. As MP and CID personnel were approaching the crime
scene, Detainees began throwing rocks and pipes.
About 2330, 10 Apr 04. SA 7C-6 kb-70 oordinated with LTC be
commander. 391 s' MP BN. Abu Ghruyeb Prison. Iraq and briefed him on
the status of this case.
About 2350, 10 Apr 04, SA 7e i bb.' I office. advised SPC k' '
his legal rights, which he waived and provided a sworn statement detailing the
?REV? Ei : ALS r'T Th!. FOF:: LI. RE: 1.7SELA.:::7::. EXHIOISTE:
AGENTS Acrivrry SOINIARY
((II) Regulation 195-I)
CONTROL NUMBER
0013-04-C1D789-83982
TIME, DATE, AND AGENT
BASIS FOR INVESTIGATION: At 2200, 10 Apr 04. this office was notified by the
391st Military Police (MP) Battalion (BN). Baghdad Correctional Confinement
Facility (BCCF), Abu Ghruyeb. Iraq, that one Detainee (HAMED) was shot and
killed when he tried to escape from 5B of the hardsite.
About 2220, 10 Apr 04, SA ic,-/ I As tis office, coordinated with SFC
-/C' 3 391 st Military Police (MP) Battalion (BN).
Prisoner In-Processing Section, Abu Ghruyeb. Iraq (AGI), who stated he could not
identify the deceased detainee using a retinal scan. SFC Sated the
detainee was not in the system.
2200. 10 Apr 04
V -1
I: 10. T:0
2220, 10 Apr 04
7C- I, 66 /
I: 20, T: 10
2230, 10 Apr 04
1d -1
1: 20.1: 10
2235. 10 Apr 04
1: 10. T: 0
2245. 10 Apr 04
7t -/ k6--/
I: 20, T: 10
2300, 10 Apr 04
14
I: 20, T: 0
2230 10 Apr 04
74.-4 ; 6'46 -1
1: 20. T: 0
2350, 10 Apr 04
;b6-/
CID FORM 28-R
1 OCT 80
SUMMARY OF INVESTIGATIVE ACTIVITY
ACLU-RDI 40 p.41 DOD-DOACID001932
AGENTS ACTIVITY SUNINIARY
(CID Regulmion I95-11
CONTROL NUMBER
0013-04-C1D789-83982
TIME. DATE, AND AGENT SUMMARY OF INVESTIGATIVE ACTIVITY
0810, 11 Apr 04
i bt -I
1: 30, T: 0
0830, 11 Apr 04
le
I: 20. T: 0
0906, 11 Apr 04
-74'4/ /.2;
I: 10, T: 0
1000, 11 Apr 04
f
I: 20, T: 0
incident. (See Sworn Statement)
BASIS FOR INVESTIGATION: About 0600, 11 Apr 04. this office was notified by
the 391st Military Police (MP) Battalion. Abu Ghruyeb. Iraq (AGI ) that another
detainee was shot and killed while trying to escape.
About 0703. 11 Apr 04, SA -ICI- b-/ iterviewed LCPL 2 LI
blts- 3 K Company 3/24 Marines, AGI. - '/gr; as
advised of his legal rights, which he waived and provided a sworn statement detailing
his actions. ei'itated that he shot the detainee to protect his position and
to keep the detainee from escaping in accordance with the Rules of Engagement
(ROE) that he was briefed. (See Waiver and Sworn Statement of '"ie ►
About 0810, 11 Apr 04, SA 7CI-4 jk5-1 Iterviewed SGT IC - , hi, -3
, K Company 3/24 Marines, AGI, who provided a verbal statement regarding the
incident. -7...1 stated he was the Sergeant of the Guard (SOG) for the midnight
shift. sated he had to post the shift early as there was a report of escaped
detainees loose inside the compound. While posting the shift, they encountered and
detained 13 detainees who had escaped. 7C--31 h6.5ated he briefed his personnel on
the use of deadly force. "r4e14.-...Y . tated he told the Marines use of deadly force was
authorized if Marines or Coalition Forces were threatened or in fear of grievous
bodily harm. 7::11* -3 stated the Marines were also briefed by an Army sergeant
(NFI) that deadly force was authorized to capture detainees who had escaped from
the hardsite. 7c bk.- 3 ated after posting his Marines, there was a shot(s) fired from
an undetermined location inside the compound, and there was still one escaped
detainee unaccounted for inside the compound. x,ig . - 43tated everyone was at a
heightened state of alert.
About 0830, 11 Apr 04, SA bb-/ ,riefed CPT 7C:
Executive Officer, K Company 3/24 Marines, AGI, on the status of this investigation.
jC .3, 4.3 stated his Marines are trained and empowered to make decision
regarding use of force on the spot. Awed the Marines are not expect or
required to call requesting permission to use deadly force.
At 0906, 11 Apr 04, SA 7c-// )ordinated with SFC Z -73" - /11' • 3 d
obtained a copy of the death certificate pertaining to Detainee HAMED.
About 100Q, 11 Apr 04, SA it.?-1, .00rdinated with SSG 7C-til
• 104 61,04 301st MP Company, AGI. who was the Hard site Shift NCOIC. SSG
tated a review of the pass-on book disclosed the deceased detainee was
Khaled APOSS, #TAS00012, Tier SA Cell 227, (NFI). SSG 7C ated the
Coalition Provisional Authority (CPA) maintained all of the prisoner files, and there
were no additional information available at the hardsite.
About 1030, II Apr 04, SA 7G-f, 6T nterviewed LCPL
1C3 Pt) C Company 3/24 Marines. AGI, who provided a verbal statement
regarding the incident. -7C3,kt ated about 0400. 11 Apr 04. they were notified
that there were escaped detainees loose int he compound. •7C ated they
captured 13 of the 14 detainees prior to taking their post at Tower 3. .7C-3, h6 3
1: 40. T: 0
0600. 11 Apr 04
1:10.
0703, 11 Apr 04
IC -1 /
I: 40, T: 0
1030_ 11 Apr 04
I: 20. T: 0
CID FORM 28-R
1 OCT 80 FFEVI007. EDfl. IONS OF THIS FORM WILL. BE USEDUNT:L EXHAUSTED
PAC,F 2
ACLU-RDI 40 p.42 DOD-DOACID001933
AGENTS ACTIVITY SUMMARY
(CID Regulation 195-I)
CONTROL NUMBER
0013-04-C1D789-83982
TIME, DATE, AND AGENT SUMMARY OF INVESTIGATIVE ACTIVITY
stated they heard a report from Tower 4 of activity in the vacinity of the tower, then
heard a report of shot(s) fired. 7etzt tated they (he and . kz -3 believed
the reports were related, and they feared the escaped detainee may have taken a
weapon. 4,, 2 stated 14 A saw the detainee low crawling towards their
position. stated rt" ired at the detainee once, believing the
detainee was a threat.
0930, 12 Apr 04
1 Wq
1 : 20, T: 0
P-L-2)0,13App___
bt-/
/Sp r oN
-7C-11 /1,1
lb- Apr 04
Avoti
RL--//a,-/
At 0930, 12 Apr 04, SA IC• -/i bt,- I ordinated with CPT 7C, /76 - 3
Command Judge Advocate, 504th Military Intelligence Brigade and Abu Ghruyeb
Prison, Abu Ghruyeb, Iraq. CPT -.3 )pined that no crime was committed
and the shootings were Justifiable Homicide.
Pending interviews of MAJ x,k 1 3 and LTC 7C,bb
File to SAC for review:
(Nuto o›ez_A- pPtkitt
12x) kunierVA7A (›PA-61,V X 122E CF
bC7rbqQL. )611-FD Tti- eCte't, ,
.3,4( gc J. c,,g,d. 44. 5 c- er5t) down F; ttftl Cc.)
Pa ea et-i 1,i1A el Stru C ( 426
't S PP. To 0,J nsh f v C tO5Jrr-1
CID FORM 28•R
1 OCT 80 PAM' I OUS OUS or THIS FORM E.E S EDDI:7 1 1. EXHAUSTED PAGE 3
ACLU-RDI 40 p.43 DOD-DOACI D001934
CONTROL NUMBER
0013-04-C1D789-83982
AGENTS ACTIVITY SUMMARY
(CM Regulstiun 195-11
TIME. DATE, AND AGENT SUMMARY OF INVESTIGATIVE ACTIVITY
25 May 2004 To OPS for review:
7C-1
.13101n111•=1.11.1110110•n•n••••nn•n
CID FORM 28-R
1 OCT 80 PREVIOUS EDITIONS OF THIS FORM WILL BE USEDUNTIL EXHAUSTED
PAGE 3
Lj ,„1 .,j
ACLU-RDI 40 p.44 DOD-DOACID001935
AGENTS ACTIVITY SUMMARY
(CID Regulation 194I)
CONTROL NUMBER
0013-04-C10789-83982
TIME, DATE, AND AGENT SUMMARY OF INVESTIGATIVE ACTIVITY
..)600, 15 Jun 04
Ahe
I: 30
1100, 16 Jun 04
70,,fit -1
I: 30
1130, 16 Jun 04
liar
I: 30
1230, 16 Jun 04
ribbi
I: 30
1930, 16 Jun 04
I: 30
0900, 17 Jun 04
I: 30
1500, 21 Jun 04
-20 t --/
I: 90
Directed by CW3 RVA. AOPS, 22nd MP BN that this investigation needed to be
reopened to document the receipt of death certificates or lack thereof. (See email #1)
Coordinated with detainee in-processing who did not have a copy of either detainees death
certificate. (See AIR'
Coordinated with Aid Station who only had a copy of HAMED's death certificate. (See AIR)
Coordinated with MI. (See AIR)
Coordinated with CW3 XitZt3 22nd MP BN to obtain death certificate from Mortuary
affairs.
Received information from CW3 74ht, 3 at Mortuary Affairs did not have a copy of either
detainees death certificate. (See AIR)
Prepared Supplemental and distro via SIPR. Case closed.
CID FORM 28-R
1 OCT 80 PREVIOUS EDITIONS OF THIS FOFt14 WILL BE UEDUNT I L EXHAUSTED PAGE 2
DOD-DOACID001936 ACLU-RDI 40 p.45
Page(s)
Referred to:
U.S. CENTRAL COMMAND
7115 SOUTH BOUNDARY BLVD
ATTN: CCJ6-DM
MACDILL AIR FORCE BASE
FLORIDA 33621-5101
MS. JACQUELINE SCOTT
scottj@centcom.smil.mil
(813) 827-5341/2830
ACLU-RDI 40 p.46
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DATA REQUIRED BY PRIVACY ACT
rffIRITI Title Ill. United States Code Section 3012 Ig) ROUTINE USES Your social security number and other personal information
Ate used as an additional/alternate means of Identification
to facilitate and retrieval
11 1.•RPOSE In pros ide commanders and lass enforcement officials isith DISCLOSURE Disclosure of your social security d is soluntarn
means t” .hich information may be accuratcI identified
3 Date 4 Rel to Case 5 Control 6 Sequence 7 Year 8. Office 9 ROI a Offense
- CID
Code 2 Action Code
13. Grade/Rank
11-vibb IX-4,1,x74
Other ID Number - , 19 POI tEir
cilf 1 21 Raci 1 22 tinnic 23 el to 24 Weight 1 1) man_ .nac1L2ot or 1 z, Reg I Lot CUT, ., f mArthu 30 a dal
fOS 32 Job Description/Location 33 MC 34 Security Clr 15 Physical Marks/ Tattoos 36 Spouse Military Branch
Il Yes: q No: q
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.nal Security 59 Grade/Rank 60 MC 61. Unit.
• one ETS PCS/DEROS: Date I Time Interview START:
is 63 State 64 ZIP/APO 65 Phone Wk Hm
-flense Code 67 UFC 68. Offense Code: 69. UFC: 70. Offense Code: 71. UFC. 72 Offense Code: 73. UFC
.•;11;4, i t.:14;:it:/5.ii3. n 1-.: .41r;n....
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Date Time
%mon
-,,i5;o-tn-.,:,..,,,tite-t1,-.-it., .i'- i.,... -
dcgory 75 Type 76. Recovered_ 77 Value: 78. Insurer: Policy: Year/Date Exp
Yes:0 No: q /
80 Make 81 Model 82 Vehicle Style 83 8 of Doors 84 Color 85 Size
87 License Plate 88 State 89 DOD Decal Number
/ .
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Title 10. United States Codc Section 3012 (83 ROUTINE USES Your social security number and other personal information
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to facilitate and retrieval
PL RPOSE preside commanders and lass enforcement officials si ith DISCLOSURE Disclosure of n our social SeCuriln a is soluntars
means hs t)hich information may he accurately identified
Code 2 Action Code ) Date
as
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ACLU-RDI 40 p.52 DOD-DOACID001943
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ACLU-RDI 40 p.54 DOD-DOACI D001945
DEPARTMENT OF THE ARMY
22.° Military Police Battalion (CID)
UNITED STATES ARMY CRIM:NAL INVESTIGATION COMMAND
CAMP VICTORY, IRAQ, APO AE 09342
REPLY TO
ATTENTION OF
CIMPL-ZA 26 May 04
MEMORANDUM FOR Commander, USACIDC, Atm: CIOP-COP-OP, 6010 6 th St., Fort Belvoir, VA
SUBJECT: Request for Information (RFI 0212-04-CID001)
1. A review of CID Report of Investigation (ROI) 0013-04-CID789-83982 disclosed the investigation
was weak in the areas of thoroughness and documentation but strong in timely reporting and timeliness
of investigation. Several report writing errors were noted but none that warrant mentioning. Most were
corrected through supplemental reports.
2. From a thoroughness perspective, the photographs of the victims and crime scene were not taken
consistent with the requirements or protocols of a homicide investigation. An autopsy was not
requested based on guidance provided by the Battalion Forensic Science Officer, however, this decision
should be explained somewhere in the written report. At a minimum, agents should have conducted a
thorough examination of the detainees' remains, and described them in the report. A crime scene
examination should have been conducted when hostilities stopped to document the two shooting scenes
in the report. An explanation of the lighting conditions, at the time of the shootings and locations,
should have been provided in the report. Death certificates for the deceased persons should have been
obtained, and included with the report. Lastly, the "shooters" were not titled as subjects, which is
inconsistent with Department of Defense guidelines. However, this action was discussed and
authorized by battalion supervisory staff.
3. The point of contact is the undersigned Al / i 0"c army mil
7C -I • MI -I
Criminal Intelligence Coordinator
J t• n.• 1
ACLU-RDI 40 p.55 DOD-DOACI D001946
Page I 013
001 2)-o-f - L(piss5
cf, -;Ost,
RCM CW3 22ND MP EN/FSC" e lireq.centcum.smil.mil›
Add Sender
Sant Tuesday, June 15, 2004 3:44 pm
To CK -21:0 @us.army.smil.mil
Subject RE: RE: 0016-04-C1D739
Leave it undetermined. If all the leads are complete, close and publish the
final supplemental. Did you get a death cert from the doc who declared him?
That's something CID CMD is bouncing cases back for. I've got a list of
them that are going to be sent back to the field to do exactly that. You've
got two of them, 0013-04 and 0040-04, both of them are from riots where
detainees were justifiably shot. You'll need to get DC's if they're
available, then republish the finals. If not available, publish a final
with an AIR documenting the effort to locate them.
Know this is a pain, appreciate the work.
Later,
ht.
CW3, MP
HOPS/FSO
22nd MP BN (CID)
APO AE 09342
DNVT 302.550
Original Message
From: [mailto: Js.army.smil.mil]
Sent: Tuesday, June 15, 2004 3:23 PM
To: 3, 3 CW3 OTF7-22ND MP BN/FSO
Subject: Re: RE: 0016-04-CID789
Mr
Here is the email traffic on the case in question about the
Undetermined Death.
All the activity has been completed and now I'm wondering what I should
do? Change it back to Natural? Leave it as Undetermined? I figure
your the best expert on this one. This occurred right before "they"
decided we were going to do autopsies.
This case has one interesting fact it occurred or, the day when all of
Abu (CID) was getting the new CIF stuff on Camp Victory. I remember
this day because ialdxgked me if I knew anything about this death as
we were going to get our CIF.
" -- e - at th-Z :nfiDi'Mati.Dr: I think the-. UP', niiiitary. did this
E beat disserv•ice in ndt treating Nrn properly...then again...1
8
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