CID Report (Death): 0078-2004-CID369-69288

FOR OFFICIAL USE ONLY Law Enforcement Sensitive DEPARTMENT OF THE ARMY U.S. ARMY CRIMINAL INVESTIGATION COMMAND Afghanistan MP Det (CID) Building 591, Bagram Airfield, APO, Armed Forces Africa, Canada, Europe & Middle East 09354-935 15 Jul 2004-MEMORANDUM FOR: SEE DISTRIBUTION SUBJECT: CID REPORT OF INVESTIGATION - FINAL (C)/SSI - 5Y2E 0078-2004-CID369-69288 -DAT ES/TIMES/LOCATIONS OF OCCURRENCES: 1. 11 JAN 2004, 0001 - 19 JAN 2004, 2359; UNKNOWN LOCATIONS, AFGHANISTAN DATE/TIME REPORTED: 24 JUN 2004, 1000 INVF.STIGA TED BY: SA SUBJE771111111111.111111 ley hNi, I 1. UNKNOWN, ; B CO, 2/22ND INFANTRY BN, FORT DRUM, NY; MALTREATMENT OF A PERSON IN U.S. CUSTODY (NFI) VICTIM: 1. "UNKNOWN", ; MALTREATMENT OF A PERSON IN U.S. CUSTODY (NFI) INVESTIGATIVE SUMMARY: This is a Detainee Abuse Investigation" This investigation was initiated subsequent notification by the Office of the Staff Judge Advocate, Bagram Airfield, Afghanistan, APO AE 09354, that during office clean up they discovered a recordable compact disc (CDR) containing images of suspected detainee abuse. This investigation is being transferred to the 62d MP Det (CID), 3d majority Grou Fort Drum, NY, by request of HQ USACIDC for completion as the p CID, in their Area of Operation (AOR). of the suspects are 1 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 0?305 FOR OFFICIAL USE ONLY Law Enforcement Sensitive COMPACT DISC (CDR) CONTAINING IMAGES SUSPECTED TO BE DETAINEE ABUSE. PRELIMINARY INVESTIGATION REVEALED THAT THE DISC CONTAINED NUMEROUS IMAGES OF PROBABLE DETAINEE ABUSE, IN THAT U.S. SOLDIERS BRANDISH WEAPONS AT BOUND AND MASKED DETAINEES. SEVERAL OTHER IMAGES DEPICTED BLOOD STAINS AND A DEAD LOCAL NATIONAL THAT APPEARED TO HAVE DIED FROM A GUN SHOT WOUND. ONE IMAGE DEPICTED A PLATOON ROSTER OF THE SOLDIERS AT THE UNKNOWN LOCATION. IT IS UNKNOWN WHETHER OR NOT THE DEATH WAS COMBAT RELATED OR AS A RESULT OF FOUL PLAY. IT IS ALSO UNKNOWN WHO HAD POSSESSION OF THE CDR PRIOR TO SJA PERSONNEL DISCOVERING IT. A REQUEST FOR ASSISTANCE TO THE FORT DRUM RESIDENT AGENCY IS PENDING. IDENTIFICATION OF THE SUBJECT(S) AND VICTIM(S) IS PENDING. INVESTIGATION CONTINUES BY USACIDC. 7. COMMANDERS ARE REMINDED OF THE PROVISIONS OF AR 600-8-2 PERTAINING TO SUSPENSION OF FAVORABLE PERSONNEL ACTIONS AND AR 380:67 FOR THE SUSPENSION OF SECURITY CLEARANCES OF PERSONS UNDER INVESTIGATION. 8. USACIDC REPORTS ARE EXEMPT FROM AUTOMATIC TERMINATION OF PROTECTIVE MARKINGS IN ACCORDANCE WITH CHAPTER 3, AR 25-55. FOR OFFICIAL USE ONLY Law Enforcement Sensitive 00315 FOR OFFICIAL USE ONLY Law Enforcement Sensitive DATE 25 JUN 2004 FROM AFGHANISTAN CID OFFICE, BAGRAM AIRFIELD //CICR-BGR// TO: DIR USACRC FT BELVOIR VA //CICR-ZA// CG USACIDC FT BELVOIR VA //CIOP-ZA// CDR USACIDC 3D MP GRP FT GILLEM GA COMMANDER, TF DRAGON, BAGRAM AIR FIELD (COL 1111•1111a ik CHIEF OF STAFF, CJTF-180, BAGRAM AIR FIELD PROVOST MARSHAL OFFICE, BAGRAM AIRFIELD (1LT IIIINNEN SJA, CFC (COL 7CI bto STAFF JUDGE ADVOCATE, CJTF 76 (MAJ -Kt 10C-, SAC USACIDC 62D MP DET FT DRUM NY DIR AFIP AFME WASH, DC//AFIP-CPLF SUBJECT: CID REPORT OF INVESTIGATION - INITIAL/SSI 0078-2004-CID369-69288 -5Y2E DRAFTER: 7c4 191c'l RELEASER: 1. DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 11 JAN 2004, 0001 - 19 JAN 2004, 2359; UNKNOWN LOCATIONS,_ - AFGHANISTAN 2. DATE/TIME REPORTED: 24 JUN 2004, 1000 3. INVESTIGATED BY: SA 4. SUBJECT: 1. UNKNOWN, ; B CO, 2/22ND INFANTRY BN, FORT DRUM, NY; MALTREATMENT OF A PERSON IN U.S. CUSTODY (NFI) 5. VICTIM: 1. "UNKNOWN", ; MALTREATMENT OF A PERSON IN U.S. CUSTODY (NFI) 6. INVESTIGATIVE SUMMARY: THE INFORMATION IN THIS REPORT IS BASED UPON AN ALLEGATION OR PRELIMINARY INVESTIGATION AND MAY BE CHANGED PRIOR TO THE COMPLETION OF THE INVESTIGATION. "THIS IS A DETAINEE ABUSE INVESTIGATION" THIS OFFICE WAS NOTIFIED BY THE OFFICE OF THE STAFF JUDGE ADVOCATE, BAF, THAT DURING A OFFICE CLEANUP, THEY DISCOVERED A RECORDABLE FOR OFFICIAL USE ONLY Law Enforcement Sensitive 10 0031.4 MPR/CID SEQUENCE NUMBER EVIDENCE/PROPERTY CUSTODY DOCUMENT . 0078-04-CID369 • For use of this form see'AR 190-45 and AR 195-5; the proponent Is US ArmyCriminal Investigation Command CRD REPORT/ CID ROI NUMBER RECEIVING ACTIVITY C; 7 1-9a, LOCATION Afghanistan MP DET CID Bagram Airfield, APO AE 09354 NAME, GRADE AND TITLE OF PERSON FROhtlieGMIED QM ADDRESS (Include Zlp Code) OWNER XOTHER SGT , 111111MEN, Office of the Staff Judge Advocate Bagram Airfield APO AE 09354 LOCATION FROM WHERE OBTAINED 11/11(P REASON OBTAINED Taken from the right hand of i MIMI while at the TIME/DATE OBTAINED Central Receiving Point, Bagram Airfield APO AE Evidence 1030 / 24 Jun 04 09354. QUANTITY DESCRIPTION OF ARTICLES (Include model, serial number, condition and unusual marks or scratches) 1 Compact Disk, silver in color, plastic in construction, brand name "Memorex" bearing ///// / / / CD-R 700MB 80 minute 48X multi speed" with a black marking "LT" CD suspected to contain detainee abuse images, CD is with plastic clear and black CD case, case and CD marked for ID with 1030, 24 Jun 04, NM1 b6, //////////////////////////////////Last Item//////////////////////////// //////////////////////////////////// DATE 24 Jun 04 NAME, SGT SIGNATURE RICAIEb‘4 NAV SA 11111111111111 CHAIN OF CUSTODY RECEIVED BY 196,1 SIGNATURE PURPOSE OF CHANGE OF CUSTODY----Releas ed to Evidence Custodian NAME, GRADE OR TITLE NAME, GRADE OR TITLE SIGNATURE SIGNATURE NAME, GRADE OR TITLE NAME, GRADE OR TITLE SIGNATURE SIGNATURE NAME, GRADE OR TITLE •NAME, GRADE OR TITLE SIGNATURE SIGNATURE NAME, GRADE OR TITLE NAME, GRADE OR TITLE DA FORM 4137 Replaces DA FORM 4137, 1 Aug 74, and, (Automated) X03 DA FORM 4137-R Privacy Act Statement -4 - FOR OFFICIAL USE ONLY DOCUMENT OGya -,oy LAW FNFrmrcAAt...-,- DODDOACID 006855 AGENT'S INVESTIGATION REPORT 0078-04-CID369-69288 CID Regulation 195-1 PAGE 1 OF 1 PAGE About 1436, 10 Jul 04, SA MINIM coordinated with MAJ a i the Staff Judge Advocate, BAF, and briefed him on this investigation to date. MAJ Office of 14 WI( stated that the act of pointing a weapon at a bound, blindfolded detainee, who was unaware of the weapon, does not, by itself constitute a crime and he disagreed with titling the suspects at this time. MAJ 411¦1111111=111 tated that he needed corroboratinginformation, obtained during interviews that any additional abuse was conducted.jc:Li2&"iC /96,-2 About 1610, 11 Jul 04, SA mom= :oordinated MAJ and discussed thepossibility of War Crimes or Reckless Endangerment being involved. MAJ 4111.111.11111111111 stated that at this point, there is not enough information to determine if a crime has been committed until there is some dialogue that goes along with the specific images. Even the dealing with the pictures themselves, it would be unauthorized to photograph them and publicly humiliate them but due to no identity known, there was no public humiliation. ///////////////////////////////////////////////////////////LAST ENTRY///////////////////////////////////////////////////////// le: 1024 )92 Special Agent, MD_si b6) Afghanistan MP DET (CID) Bagram, APO AE 09354 Signature: Date: 11 Jul 04 Exhibit: 3 CD) Form 94 FOR OFFICIAL USE ONLY 0031i LAW ENFORCEMENT SENSITIVE V.--c:ith20---6 7Lgs STATEMENT OF MIMS TAKEN AT BAGRAM, AFG DATED 2004/06/19 9. STATEMENT (Continued) //NOTHING FOLLOWS // iet 196'4 AFFIDAVIT 11111116/1111i , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH 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 7HE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHpUTAIOPE OFI4EFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE./0,R'UNLAWFU JIVOlirsmrniT -iet1944- 0111111111M01110111110 Wgnature or Person Makin St WITNESSES: -76 /0&-1- Subscribed and sworn to before me, a person authorized by law to administer oaths, this 21 day of JUNE 2004 11111111iiiift 4 • / at BAGRAM, AFGHANISTAN -rN , Ale 2 -.3--Z(/ 8.7 ORGANIZATION OR ADDRESS H (.4 t V VJ L 1, (,)1.44-16-1 ORGANIZATION OR ADDRESS (Authority To Administer Oaths) 3cf INITIALS OF PERSON MAKING STATI PAGE 2 OF 2 0,4311- 7 PAGE 3, DA FORM 2823, DEC 1998 FOR OFFICIAL USE ONLY USAPA V1.00 LAW ENFORCEMENT SENSITIVE Cul,:tJa DODDOACID 006853 SWORN STATEMENT4 6-07E-oV.-c.(iS3c - 6 fi-2-836 For use of this form, see AR 190-45; the proponent agency is ODCSOPS PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 PRINCIPAL PURPOSE: (SSN). To provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary. 1. LOCATION I 2. DATE (YYYYMMDD) 13.TIME BAGRAM, AFGHANISTAN (BLDG 430, RM 21) 4. FILE NUMBER 2004/06/21 1900 — -"ME, MIDDI NAME 6. SSN GRADE/STATUS 8. ORGANIZATION Cm AuuRESS CPT/03 ACTIVE DUTY CJTF76, HHC, 25TH ID(L) OSJA, BAGRAM, AFGHANISTAN 9. 1111111111111181 WANT T0 MAKE THE FOLLOWING STATEMENT UNDER OATH: On 11 June 2004, I attempted to back up my files from my laptop computer. I found in the legal assistance office, Bldg 430 Rin 21, a stack of CDs which were previously used and labeled as back ups of Legal Assistance/Claims files. As I was looking through, the stack of CDs, I found one which was unlabeled. I inserted the CD in my laptop and began to peruse the CD file. The pictures were not labeled or named on the file and the pictures did not appear to be related to any particular claim or legal assistance matter. The pictures I reviewed appeared to depict soldiers handling local national nersonnel, and there were several other pictures of what appeared to be soldiers engaged in some type of hazing acpvity. MSGrequested that he give this unlabeled CD to CPT NM as on his way to the main SJA office, and I Detainee Operations OIC for her review. MSG 11111.11k )rovidedt he CD to CPT al for review. // NOTHING FOLLOWS // ICI 06' 4' 7e1/76 1 10. EXHIBIT4 11. PAGE 1 OF424 PAGES ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEi "AKEN ATi DATED THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER - MUST BE BE INDICATED. DA NPRRNP0REc:90(998 DA FCitW taPftiALM2,d5bResoLETE OD:11160 6 USAPA V1.00 AW ENFORCEMENT SENSITIVE LAW ENFORCEMENT SENSITIVE rs_. •••.••4• AGENT'S INVESTIGATION REPORT 0078-04-CID369-69288 CID Regulation 195-1 PAGE 2 OF 2 PAGES (4) Images 361 and 362 depicted images of a dead local national that appears to have been gunshot. Image cotto 025 depicts a unit diagram of the soldiers of 2 nd platoon, 2nd Bn, 22nd Inf./////////////////////////////////////////////////////////LAST ENTRY///////////////////////////////////////////////////////////// Afghanistan MP Detachment (CID) Bagram APO AE 09354 Date: 24 Jun 04 Exhibit: / CID Form 94 0030 5 FOR OFFICIAL USE ONLY AGENT'S INVESTIGATION REPORT 0078-04-ClD369-69288 CID Regulation 195-1 PAGE 1 OF 2 PAGES About 1000, 24 Jun 04, this office was notified by the Office of the Staff Judge Advocate (SJA), Bagram Airfield, APO AE 09354 (BAF), that a recordable compact disc (CDR) was discovered in the SJA claims office that might contain detainee abuse images. Ul At 1030, 24 Jun 04, SA ‘11116 collected one CDR as evidence from SGT Nit SJA, BAF and a copy of CPT • (NMN) sumnimmilm , SJA, BAF, statement pertaining to her finding the disc. The evidence was retained on DA Form 4137, Evidence/Property Custody Document (ECPD), DN 0040-04. (See ECPD and Sworn Statement for details) AGENT'S COMMENT: The disc was not fingerprinted due to numerous persons handling and viewing the images before it was released into this office's custody. '16 bt''/ About 1110, 24 Jun 04, SP reviewed 134 images on the CDR which yielded thefollowing results: Images 070, 072, 012, 014, 056, 031109-060, 068, 033, 023, 024, 036, 017, 058, 031111-060, 068, 02, 019, 025, 026, 029, 0424, 0440, Jan 001 through Jan 012, Image 0014 through Image 0019, 1 008, 1 012, 1 015, 1 016, 1 017, 1 018, 1 026,1 043, 1 045, 1 052, 1 053, 1 057, 1 058, 1 062, 1 071 , 1 072, 1 073, 1 076, 1 084, 1 085, 1 088, 1 092 thought 1 102 -, 1 107, 0 111, 0 112, cotto 006, cotto 007, cotto 008, cotto -Fig, cotto 019, cotto 021, cotto 047, cotto 050, 295, 297, 299, 300, 301, 302, 303, 309, 310, 314, 319, 340, 341, 342, 343, 344, 350, 351, 353, 354, 355, 358, 359, 360, group 001, group 025, group 026, group 027, IMG 0106, 2140D-006 and 5447B- 003 all depicted images of various military items, geographical features, military personnel and local nationals not believe to be of evidentiary value. (1) Images 1 019, 1 022, 1 023, 1 027, 1 064, 1 108, depicted personnel holding weapons on hooded and bound unknown local nationals and wrestling with unknown hooded and bound unknown local nationals. (2) Images 1 025, 1 028, cotto 041, cotto 042, cotto 043, depicted U.S. military personnel acting as detainees and being abused. Images 345 though 349, 352, 356, and 357 depicted images of blood stains at various locations within an unknown compound. ‘----76/Wfb-P-- Afghanistan MP Detachment (CID) Special Agent, Bagram APO AE 09354 Signature: Date: 24 Jun 04 Exhibit: CID Form 0030S4 FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY Law Enforcement Sensitive REPORT PREPARED BY REPORT APPROVED BY 1&i btdbi-leihNk 7 DISTRIBUTION: Dir, USACRC, Ft Belvoir, VA Thru: CDR, 3d MP Group, USACIDC, Fort Gillem, GA To: CDR, USACIDC, Fort Belvoir, VA CDR, Task Force Dragon, Bagram Airfield, APO AE 09354 Chief of Staff, CJTF-180, Bagram Airfield, APO AE 09354 SJA, CJTF 76, Bagram Airfield, APO AE 09354 SAC, 62d MP det (CID), USACIDC, Fort Drum, NY (originals) FILE 3 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 003V7 FOR OFFICIAL USE ONLY Law Enforcement Sensitive STATUTES: Article 93, UCMJ: Cruelty and Maltreatment EXHIBITS/SUBSTANTIATION: ATTACHED . be4 1. Agent's Investigation Report (AIR) 9f SA. 11111111, collection of evidence. 24 Jun 04, detailing notification and - 761-41 t' 2. Sworn Statement of CPT 21 Jun 04, detailing the discovery of the CDR containing the images. 761A--rt 3. AIR of SA unin , 11 Jul 04, detailing coordinations with the Office of the Staff Judge Advocate. 4. Evidence/Property Custody Document (ECD), DA Form 4137, document number 0040/04. (USACRC and file copies only) NOT ATTACHED. Forwarded to the Evidence Custodian, 62d MP Det (CID), USACIDC, Fort Drum, NY 13602. 5. Compact disc containing images depicting suspected detainee abuse, Item 1, DN 0040/04. The originals of Exhibits 1 through 4 are forwarded to the 62d MP Det (CID), Fort Drum, NY, for further investigation. STATUS: This a Final (C) Report. This investigation was terminated in accordance with CID R 195-1, paragraph 4-17a(6), in that the Special Agent-in-Charge of this USACIDC unit has determined that furtherance of this investigation in this office's AOR would be of little or no value. SUMMARY OF REMAINING LEADS: This investigation is being transferred to the 62nd MP pet (CID), 3d MP Group, USACIDC, Fort Drum, NY. On 13 Jul 04, the 62d MP Det (CID), 3d MP Group, USACIDC, Fort Drum, NY, assumed responsibility of this investigation which will be completed under Report of Investigation (ROI) 0133-04-CID452-63629. Commander's Report of Disciplinary Action taken will be completed under ROI 0133-04-CID452-63629. 2 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 00306 2 DODDOACID 006848 00316 DODDOACID 006858