CID Report (Death): 0134-02-CID369-23533 (Court-Martial Orders included)

DEPARTMENT OF THE ARMY HEADQUARTERS, U.S. ARMY AIR DEFENSE ARTILLERY CENTER AND FORT BLISS FORT BLISS, TX 79916-6816 GENERAL COURT-MARTIAL ORDER NUMBER 20 25 July 2006 Private First U.S. Army. Alpha Company, 519th Military Intelligence Battalion, Fort Bragg, North Carolina, 28310, was arraigned at Fort Bliss, Texas, on the following offenses at a general court-martial convened by Commander, U.S. Army Air Defense Artillery Center and Fort Bliss. Charge I. Article 92. Plea: Not Guilty. Finding: Not Guilty: Not Guilty Specification 1: On divers occasions, between on or about 1 August 2002 to on or about 1 February 2003, at or near Bagram Airfield, Afghanistan, violate a lawful general order, to wit: Paragraph 2(c), United States Central Command General Order Number 1A, dated 19 December. 2000, by wrongfully possessing and consuming alcohol. Plea: Not Guilty. Finding: Not Guilty. Specification 2: On divers occasions, between on or about 1 August 2002 to on or about 1 February 2003, at or near Bagram Airfield, Afghanistan, the accused who knew of his duties was derelict in the performance of those duties in that he willfully failed to conduct interrogations of detainees according to approved tactics, techniques, and procedures as it was his duty to do. Plea: Not Guilty. Finding -Not Guilty. ,.. Specification 3: Between on or about 1 August 2002 to on or about 1 February 2003, at or near Bagram Airfield, Afghanistan, the accused who knew of his duties was derelict in the performance of those duties in that he willfully failed to prevent his intern ion partner from .. throwing articles of garbage and soiled toilet paper onto the person of a.k.a..IIIII, asit was his duty to do. Plea: Not Guilty. Finding: Not Guilty. Charge IL Article 93. Plea: Not Guilty. Finding: Not Guilty. Specification 1: On divers occasions, from on or about 1 August 2002 to on or about 1 February 2003, at or near Bagram Airfield, Afghanistan; or about 11 August 2005, did maltreat Persons Under U.S. Control ("PUCs"), persons subject to his orders during interrogation; by sitting on top of them during interrogation. Plea: Not Guilty. Finding: Not Guilty. Specification 2: Between on or about 1 Au t 2 2 to otl February 2003, at or near Bagram Airfield, Afghanistan, did maltreat a.k.a. a person subject to his orders during interrogation, by sitting on top of him, throwing articles of garbage onto his person, cigarette ash onto his person, wal -his handcuffs in order to inflict pain upon and forcefully pulling hairs out of chest. Plea: Not Guilty. Finding: Not Guilty. DODDOACID11770 GCMG No. 20, DA, HQ, USAADACENFB,.Ft. Bliss. TX, 79916-6816, dated 25 July 2006 (Continued) Specification 3: BetWeen on or about 1 August 2001 r about 1 February 2003, at or nearBagram Airfield. Afghanistan, did maltreat Person (a.k.a. , a person subject toers during interrogation, by grabbin g by the head and sho ders:removing c that his genitalia were expose to a female interrogator, SGT rid by ver an interrogation table and waving a water bottle around in close proximity buttocks. Plea: Not Guilty. Finding: Not Guilty. Charge III. Article I 12a. Plea: Not Guilty. Finding: Not Guilty. Specification: Between on or about 1 August 2002 and on or about 1 February 2003 ; at or nearBagram Airfield, Afghanistan, wrongfully use hashish, a Schedule I controlled substance, while receiving special pay under 37 U.S.C. § 310. Plea: Not Guilty. Finding: Not Guilty. Charge IV. Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification 1: Between on or about 30 November 2002 and on or about 10 December 2003, at or near Bagram Airfield, Afghanistan, unlav, ab anhead and beard of a detainee known as Person Under U.S. Control ("PUC") (a.k.a. Plea: Not Guilty. Finding: Dismissed on motion of Defense Counsel. Specification 2: Between on or about 1 August 20 d on or a t 1 February 2003, at or near Bagram Airfield, Afghanistan, unlawfully strik (al.a. in the leg, groin,andchest with his hands and knees. Plea: Not Guilty. Finding: Not Gui ty. Specification 3: Between on or about 1 Auaust 2002 or about 1 Fe 1003, at or near Bagram Airfield, Afghanistan, assault a.k.a. j by showing a condom and his penis and then stating: "This is specia or you," "This is your God," and "I'm going to fuck you," or words to that effect. Plea: Not Guilty. Finding: Not Guilty. Charge V. Article 134. Plea: Not Guilty. Finding: Not Guilty. Specification 1: Between on or about 1 August 2002 and on or about lair 2003iiirBagram Airfield, Afghariiirongfully commit an 'iiiiiif act with (a.k.a.by sho i enis' a ' to placing his penis near s ace; and placing his groin against buttocks. Plea: Not Guilty. Finding: Not Guilty.. Specification 2: Between on or about 1 August 2002 and on or about 1 February 2003, at or near Bagram Airfield, Afghanistan, while in an interrogation, willfully and wrongfully expose in anindecent manner to public view his genitalia. Plea: Not Guilty. Finding: Not Guilty. Specification 3: Between on or about 1 August 2002 and on ut 1 l 003, at or near Bagram Airfield, Afghanistan, orally communicate to (a.k. , certain indecent language, to wit: "This is special for you," "This is your God," d "I'm going to fuck you," or words to that effect. Plea: Not Guilty. Finding: Not Guilty. 2 bG , DODDOACID11771 GCMO No. 20, DA, HQ, USAADACENFB, Ft. Bliss, TX, 79916-6816, dated 25 July 2006 (Continued) The accused having been arraigned ; the findings were announced on 1 June 2006. All rights,privileges, and property of which the accused has been deprived by virtue of these proceedings will be restored. BY COMMAND OF MAJOR GENERAL DISTRIBUTION: 1111111lir 1-Accused COL, JA1-Military Judge (LT Staff Judge Advocate 1-Trial Counsel (CP 1-Defense Counsel ( 1-Chief, Criminal Law Division 1-Legal Administrator 1-Cdr, A Co, 5I 9th MI Bn, Fort Bragg, North Carolina 28310 1-Cdr, 519th Bn, Fort Bragg, North Carolina 28310 1-ATC-DHR-AGR, ATZC-DRM-F, ATZC-PM 2-Cdr, USAADACENFB, ATTN: SJA I-Cdr, USAEREC, ATTN.: PCRE-FS, Fort Benjamin Harrison, Indiana 46249 10-Clerk of Court, ATTN: JALS-CC, 901 N. Stuart Street, Suite 1200, Arlington, Virginia 22203 1-Cdr, 76th MP DET (CID), 1 lth MP EN CID 1-Director, U.S. Army Crime Records Center, 6010 6th Street, Fort Belvoir, Virginia 22060-5506 1-HQ, USACIDC, ATTN: CIOP-ZC, 6010 6th Street, Fort Belvoir, Virginia 22060-5506 1-HQDA, Office of the PMG, ATTN: MP Operations Division, 2800 ArMy Pentagon, Washington, DC 20310-28001-Record Set 1-Reference Set 3 c,, DODDOACID11772 0.2.-02 355.3 5-11 DNA Processing required. 10 U.S.C. DEPARTMENT OF THE ARMY HEADQUARTERS, U.S. ARMY AIR DEFENSE ARTILLERY CENTER ANDT's • FORT BLISS, TEXAS 79916-6816 SPECIAL COURT-MARTIAL ORDER 9 September 2005NUMBER 17 SPC U.S. Army, Headquarters and Headquarters Battery, United States Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas 79916, was arraigned at Fort Bliss, Texas, on the following offenses at a Special court-martial convened by Commander, U.S. Army Air Defense Artillery Center and Fort Bliss. Charge I. Article 128. Plea: Guilty. Finding: Guilty. Specification: Unlawfully strike Habibullah on or about 3 December 2002. Plea: Guilty. Finding: Guilty Charge II. Article 93. Plea: Not Guilty. Finding: Not Guilty. Specification: Maltreat Habibullah on or about 3 December 2002. Plea: Not Guilty. Finding: Not Guilty. Charge III. Article 107. Plea: Guilty. Finding: Guilty. Specification 1: False official statement on or about 4 December 2002. Plea: Guilty. Finding: Guilty. Specificatoin 2: False official statement on or about 16 December 2002. Plea: Guilty. Finding:Guilty: SENTENCE Sentence was adjudged on 20 May 2004: To be reduced to the grade of El; to forfeit $822.00 pay per month for four months; to be confined for four months; and to be discharged from the service with a bad conduct discharge. ACTION Only so much of the sentence as provides for reduction to El, forfeiture of $822.00 pay per month for 4 months, confinement for 90 days, and a bad conduct discharge is approved and, except for the bad conduct discharge, will be executed. bcp DODDOACID11773 GCMO No 17, DA, HQ, USAADACENFB, Ft. Bliss, TX 79916, dated 9 Sep 2005 BY COMMAND OF BRIGADIER GENERAL MN, DISTRIBUTION: NNW 1-Accused CW2, JA 1-Military Judge (LTC Legal Administrator 1-Trial Counsel (CPT 1-Defense Counsel (CPT 1-Chief, Criminal Law Division 1-Legal Administrator 1-Cdr, HHB, USAADACENFB 1-Cdr, 377th MP Co 1-Cdr, 76th MP Bn 1-Cdr, 384th MP Bn 1-Cdr, 300th MP BDE 1-Cdr, 88th RRC 1-Cdr, Garrison Command 1-US Army Crime Lab, Fort Gillem, ATTN: CODIS Lab 4553 North 2d Street, Bldg 213b, Forest Park, GA 30297-5122 1-ATZC-DHR-AGR, ATZC-DRM-F, ATZC-PM 2-Cdr, USAADACENFB, ATTN: SJA 1-Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, Indiana 46249 10-Clerk of Court, ATTN: JALS-CC, 901 N. Stuart St. Suite 1200, Arlington, VA 22203 1-Cdr, 76th MP DET (CID), 1 lth MP BN CID 1-Director, U.S. Army Crime Records Center, 6010 6th Street, Fort Belvoir, Virginia 22060-5506 1-Record Set 1-Reference Set 2 \D t DODDOACID11774 D-11)13 - -AgfX uPlEAI• 4/-!T. EEADQ S r WV= sa , Y AMOR CENTER MD FORT 'KOX F9V2 104X, tikOttr.C= 40:P1 -51TO • SPEC.1AL• N*BER cPPAT -WAATI..41 150. -14 qta-r -444;41, case of Specialist.111111111111 1:4'.4111yr 4dquarter and Headtwartera Battery, milted stateig AtityAirs Péfe 24#11eta/ edrigek andFort 131iia, POI* aise, lc.uz'rently Special Processing ecmo*, v$• P.Veitt§g4101 C4tittOa:icie-ntWkr. 40121--824:44 r the-sentence to a. bad-conduct discharge, ccinfixiebent for pip fako,•forfeiture of 822-0. pay_PP". month for frOmr.months, and reduction bo bhe -grade of Private adludeci on 243-iqar 20.05. ...i as Drpt4§ates1 in PPO41.44 qi*Art-- Ort,*1 0±46r 11404e - States kir DefenseArtillery' Center and .04:44. .#400t. $44d ft-ptetrt1er260SB iSimt-eatlirii- ,A#tee. Army Court of Criminal .Appeals Notce Order. Correction, datedZOO:C. has. Seert_ f414411( .attikraid. The oottaloh a the sentence .#0t4344# . been 13sittclg, 74?ol hayliv. been complied th tte, bat11-,botailatt: tuverataroo. will -executed. BY COMIIAND. OF MAJOR 404E44 1111111. TntAi,V pziticfetned tIg Army crilli: SPC, PCF Senior Paraleval NCO cPRi PCP 04 CDR, 11811, il.:--'4.sActisizs, tort TX 1”1:4 (1) CDR, to P En, Fort Bliss, TX, 79914 CDR, -0#460# Command, F tB1i:, T 14$14 (1) tisiZZOAckiAlki Fort 1$44)101, X 7I91* r),9J, 040414;00.4k Fort • - *77 _ TX 1991&..4) *ZkLt440:2# ti*0114, x44110p4-fr, -644i$-00V g04.: fk:11§r4 •3010,-Arlington, VA 2223:33-L-IS37.:CDR, 04E:Toot ttsg indianapoliti IN 74 6249 ,53111: Director, US Army CrIme #141.9pVgle -Center, SVIO Sixth St, Ft Belvoir, VA 221160-5585 , (3) ATZTC,ZA Record Set (I) (ARMY 2005ccE12 . .) \ 0. , DODDOACID11775 CORRECTED COPY DEPARTMENT OF THE ARMY HEADQUARTERS. U.S. ARMY AIR DEFENSE ARTILLERY CENTER AND FORT BLISS FORT BLISS, TX 79916-6816 GENERAL COURT-M_ARTLAL ORDER 24 July 2006NUMBER 10.1 Sergeant L. S , Army. 377th Military Police company -, Detachment 1, 520 South Woodcrest Drive, Bloomington. Indiana, 47401-5336, was arraigned at Fort Bliss, - Texas, on the following offenses at a general court-martial convened by Commander. U.S. Army Air Defense Artillery Center and Fort Bliss. Charge I. Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Between on or about 20 September 2002 and on or about 25 S tember 200 1, ator near Baf.Y.ram Airfield, Afghanistan, unlawfully strik (a.k. .y throwing himagainst a wall while his hands and feet were shackled. ea: 7. or .: Not Guilty. Charge II. Article 93. Plea: Not Guilty. Finding: Not Guilty. Specification: Between on or about 20 Septemb-1 and o .bout 25 September.2002. at or • • 4 - •• .-.5. • a - • ¦ a anistan, maltrea a.k.a a person subject' to his orders, by throwing him against a cell wall while his hands and feet were shackled. Plea: Not Guilty. Finding: Not Guilty. Additional Charge I. Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Between on or about 30 November 2002 and on or about 3 December 2002, at or near Bagram Airfield, Afghanistan, unlawfully strike H. (a.k.a. BT 412), in the leg with his knee. Plea;• Not Guilty. Finding: Not Gui ty. . Additional Charge II. Article 93. Plea: Not Guilty. Finding: Not Guilty. Specification: Between on or about 30 November 2002 and on or about 3 December 2002, at or near Bagram Airfield, Afghanistan, maltreat H. (a.k.a. BT 412), a person subject to his orders, by striking H.in the leg with his knee. Plea: Not Guilty. Finding: Not Guilty. DODDOACID11776 GCMO No. 10.1. DA. HQ. USAADACENFB. Ft. Bliss, TX. 79916. dated 24 July 2006 (Continued) The findings were announced on 23 February 2006. All rights. privileges and properry of which the accused has been deprived by virtue of these proceedings will be restored. BY COMMAND OF MAJOR GENERAL OEM DISTRIBUTION: 1-Accused ,USA 1-Military Judge (LT Administrator 1-Trial Counsel (CPT 1-Defense Counsel (CPT 1-Chief, Criminal Law Division 1-Legal Administrator 1-Cdr, 377th MP Co, Det. 1. 520 S. V¦Toodcrest Drive. Bloomington, Indiana 47401-5336 1-Cdr, HHB, USAADACENFB 1-Cdr, 76th MP Bn 1-Cdr, Garrison Command 1-.ATZC-DHR-AGR, ATZC-DRM-F, ATZC-PM 2-Cdr, USAADACENFB, A FIN: SjA 1-Cdr, USAEREC. ATTN: PCRE-FS, Fort Benjamin Harrison, Indiana 46249 10-Clerk of Court, ATTN: JALS-CC, 901 N. Stuart Street, Suite 1200, Arlington, Virginia 22203 1-Cdr, 76th MP DET (CID), 11th NEP BN CID 1-Director, U.S.-Ar . my Crime Records Center, 6010 6th Street,Fort Belvoir, Virginia 22060-5506 1-HQ, USACEDC, A ITN: CIOP-ZC, 6010 6th Street, Fort Belvoir, Virginia 22060-5506 1-HQDA, Office of the PMG, ATTN: MP Operations Division, 2800 Army Pentagon, Washington. DC 20310-2800 1-Record Set 1-Reference Set 2 \) ( DODDOACID11777 az- 3s13- SA-k DEPARTMENT OF THE ARMY HE_ADQUARIERS, U.S. ARMY AIR DEFENSE ARTILLERY CENTER AND FORT BLISS FORT BLISS, TX 79916-6816 GENERAL COURT-MARTIAL ORDER 24 July 2006 NUMBER 10.1 Sergeant u.5. Army, 377th Military Police Company. Detachment 1, 520 South Woodcrest Drive, Bloomington, Indiana, 47401-5336 ; was arraigned at Fort Bliss.Texas, on the following offenses at a general court-martial convened by Commander, U.S. AnriyAir Defense Artillery Center and Fort Bliss. Charge I. Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification 1: (Redesignated as "The Specification" of Charge I.): Between on or about 20 Septeniber 2002 and on or aeptember 2002, at or near Bagram Airfield, Afghanistan, unlawfully strike (a.k.a. by throwing him against a wall while his hands and feet were shackled. Plea: Not Guilty. Finding: Not Guilty. Specification 2: 01 .12,;, 1 about 28 N vernber 1 002, at or near Bagram Airfield, Afghanistan, unlawfully strike-a.k.a. ) in the leg with a knee. Plea: Not Guilty, Finding: Dismissed on motion of Defense Counse Charge IL Article 93. Plea: Not Guilty. Finding: Not Guilty. Specification 1: (Redesignated as "The Specification" of Charge II.): Between on or about 20 Sept ..iirmi11a--02 and or about 25 September 2002, at or near Bauam Airfield, Afghanistan, maltrea..k.a a person subject to his orders, by throwing him against a cellwall while his hands and feet were shackled. Plea: Not Guilty. Finding: Not Guilty. f October 2002, at or near Bauam Airfield, Afghanistan., maltreata.k.a. , a person subject to his orders, by striking him in the leg with aknee. Plea: Not Guilty. Finding: Dismissed on motion of Defense Counsel. Additional Charge I. Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Between on or about 30 November 2002 and on or about 3 December 2002, at or near Bagram Airfield, Afghanistan, unlawfully strike H. (a.k.a. BT 412), in the leg with his laiee.Plea: Not Guilty. Finding: Not Guilty. Additional Charge II. Article 93. Plea: Not Guilty. Finding: Not Guilty. Specification: Between on or about 30 November 2002 and on or about 3 December 2002, at or near Bagram Airfield, Afghanistan, maltreat H. (a.k.a. BT 412), a person subject to his orders, by striking H.in the leg with his knee. Plea: Not Guilty. Finding: Not Guilty. ce DODDOACID11778 GOvIO No. 10.1, DA. HQ, USAADACENFB. Ft. Bliss, TX, 79916, dated 24 July 20 06 (Continued) The findings were announced on 23 February 2006. All rights, privileges and property of which the accused has been deprived by virtue of these proceedings will be restored. BY COMMAND OF MAJOR GENERAL DISTRIBUTION: I -Accused 1, USA 1-Military Judge (LTC al Administrator 1-Trial Counsel (CPT 1-Defense Counsel (CPT 1-Chief, Criminal Law Division 1-Legal Administrator 1-Cdr, 377th MP Co, Det. 1, S. Woodcrest Drive, Bloomington, Indiana 47 -401-5336 1-Cdr, HHB, USAADACENFB 1-Cdr, 76th MP Bn 1-Cdr. Garrison Command 1-AT2C-DHR-AGR, ATZC-DRM-F, ATZC-PM 2-Cdr, USAADACENFB, ATTN: SJA I -Cdr, US.AEREC, A PCRE-FS, Fort Benjamin Harrison. Indiana 46249 10-Clerk of Court, ATTN: JALS-CC, 901 N. Stuart Street, Suite 1200, Arlington, Virginia 22203 1-Cdr, 76th MP DET (CID), llth MP BN CID 1-Director, U.S. Army Crime Records Center, 6010 6th Street, Fort Belvoir, Virginia 22060-5506 1-HQ, USACIDC, ATTN: CIOP-ZC; 6010 6th Street, Fort Belvoir, Virginia 22060-5506 1-HQDA, Office of the PMG, AITN: MP Operations Division,2800 Army Pentagon, Washington, DC 20310-2800 1-Record Set 1-Reference Set 2 c, DODDOACID11779 002- %q 53/1-51-1 DEPARTMENT OF THE ARMY HEADQUARTERS, U.S. ARMY AIR DEFENSE ARTILLERY CENTER AND FORT BLISS FORT BLISS, TEXAS 79916-6816 SPECIAL COURT-MARTIAL ORDER 12 January 2006 NUMBER 1 SSG 1111111111111111111 U.S. Army, Headquarters and Headquarters Battery, United States Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas 79916, was arraigned at Fort Bliss, Texas, on the following offenses at a Special court-martial convened by Commander, U.S. Army Air Defense Artillery Center and Fort Bliss. Charge I. Article 92. Plea: None Entered. Finding: None Entered. Specification: Derelict in the performance of his duties on or about 1 Dec 02 and on Or about 3 Dec 02. Plea: None Entered. Finding: None Entered. Charge H. Article 93. Plea: None Entered. Finding: None Entered. Specification: Maltreat Habibullah between on or about 1 Dec 02 and on or about 3 Dec 02. Plea: None Entered. Finding: None Entered. ACTION The accused having been arraigned, the proceedings were terminated on 20 December 2005 because the convening authority withdrew and dismissed, without prejudice, all charges and specifications. All rights, privileges, and property of which the accused has been deprived by virtue of these proceedings will be restored. (t DODDOACID11780 ,SPCM0 No 1, DA, HQ, USAADACENFB, Ft. Bliss, TX 79916, dated 12 Jan 2006 BY COMMAND OF BRIGADIER GENERAL am, DISTRIBUTION: 41111111111T 1-Accused CW2, JA 1-Military Judge (LTC Legal Administrator1-Trial Counsel (CPT 1-Defense Counsel (Mr. 1-Chief, Criminal Law Division 1-Legal Administrator 1-Cdr, HHB, USAADACENFB 1-Cdr, 377th MP Co 1-Cdr, 76th MP Bn 1-Cdr, 384th MP Bn 1-Cdr, 300th MP BDE 1-Cdr, 88th RRC 1-Cdr, Garrison Command 1-Cdr,'USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, Indiana 46249 4-Clerk of Court, ATTN: JALS-CC, 901 N. Stuart St. Suite 1200, Arlington, VA 22203 1-Cdr, 76th MP DET (CID), 11th MP BN CID 1-Director, U.S Army Crime Records Center, 6010 6th Street, Fort Belvoir, Virginia 22060-5506 1-Record Set 1-Reference Set 2 -2, DODDOACID11781 DEPARTMENT OF THE ARMY HEADQUARTERS, U.S. ARMY AIR DEFENSE ARTILLERY CENTER AND FORT BLISS FORT BLISS, TEXAS 79916-6816 SPECIAL COURT-MARTIAL ORDER 1 November 2005 NUMBER 210111111111111111 SGT11111111111111M1111111111W.S. Army, Headquarters and HeadquartersBattery, United States y Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas 79916, was arraigned at Fort Bliss, Texas, on the following offenses at a Special court-martial convened by Commander, U.S. Army Air Defense Artillery Center and Fort Bliss. Charge. I. Article 93. Plea: None Entered. Finding: None Entered. Specification: Maltreat Habibullah on or about 30 Nov 02 and on or about 4 Dec 02. Plea: None Entered. Finding: None Entered. Charge II. Article 107. Plea: None Entered. Finding:: None Entered. Specification: False official statement on or 26 Jan 04. Plea: None Entered. Finding: None Entered. Charge III. Article 128. Plea: None Entered. Finding: None Entered. Specification: Unlawfully strike Habibullah between on or about 30 Nov 02 and on or about 4 Dec 02. Plea: None Entered. Finding: None Entered. ACTION The accused having been arraigned, the proceedings were terminated on 6 September 2005 because the convening authority withdrew and dismissed, without prejudice, all charges and specifications. All rights, privileges, and property of which the accused has been deprived by virtue of these proceedings will be restored. V3(t., DODDuACID11782 --) SPCMO No 21, DA, HQ, USAADACENFB, Ft. Bliss, TX 79916, dated 1 Nov 2005 BY COMMAND OF BRIGADIER GENERAL'S... DISTRIBUTION: 11111111111F 1-Accused CW2, JA1-Military Judge (LT Legal Administrator1-Trial Counsel (CPT 1-Defense Counsel (CPT 1-Chief, Criminal Law Division 1-Legal Administrator 1-Cdr, HHB, USAADACENFB 1-Cdr, 377th MP Co 1-Cdr, 76th MP Bn 1-Cdr, 384th MP Bn 1-Cdr, 300th MP BDE 1-Cdr, 88th RRC 1-Cdr, Garrison Command 1-Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, Indiana 46249 4-Clerk of Court, ATTN: JALS-CC, 901 N. Stuart St. Suite 1200, Arlington, VA 22203 1-Cdr, 76th MP DET (CID), llth MEP BN CID 1-Director, U.S. Army Crime Records Center, 6010 6th Street, Fort Belvoir, Virginia 22060-5506 1-Record Set 1-Reference Set 2 DODDOACID11783 0134-02-C1D369-23533 DEPARTMENT OF THE ARMY UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND BAGRAM BRANCH OFFICE, 3 rd MILITARY POLICE GROUP (CID) BAGRAM AIR BASE, AFGHANISTAN APO AE 09354 CIRC-BBO (195-2b) 8 October 2004 MEMORANDUM FOR SEE DISTRIBUTION SUBJECT: CID REPORT OF INVESTIGATION -FINAL(C) -0134-02-U13369- 23533 -,5H9B/5-1±4-P5C2B/5--84/5Y2E/5X6/5M3A/9G1/9G2C Snitf¦ 1. DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 4 DEC 2002/0040Z (4 DEC 2002/0510 BAGRAM LOCAL TIME); ISOLATION CELL #7; BAGRAM COLLECTION POINT (BCP), BAGRAM AIRFIELD, AFGHANISTAN, APO AE 09354 2. 1 DEC 2002/0001 - 4 DEC 2002/0510 BAGRAM LOCAL TIME; BCP, BAGRAM AIRFIELD, AFGHANISTAN, APO AE 09354 3. 3 DEC 2002/1650 BAGRAM LOCAL TIME; ISOLATION CELL #6, BCP, BAGRAM AIRFIELD, AFGHANISTAN, APO AE 09354 2. DATE/TIME REPORTED: 4 DEC 2002, 0220 . INVESTIGATED BY: SA 4. SUBJECT: 1.11111111111111.1111CPTAIIIIIIIIIM RAF LAKENHEATH, UK; FEMALE; WHITE; ALPHA MPANY, 519 MILITARY INTELLIGENCE (MI) BATTALION, 525 TH MI BRIGADE, XVIII AIRBORNE CORPS, FORT BRAGG, NC 28310; FC; [MALTREATMENT OF A PERSON IN US CUSTODY (UNFOUNDED)], [FALSE OFFICIAL STATEMENT (UNFOUNDED)], [CONSPIRACY (UNFOUNDED)], [DERELICTION OF DUTY]. 2. PC; FERGUS FALLS, MN; FEMALE; WHITE; ALPHA COMPANY, 519 MILITARY INTELLIGENCE (MI) BATTALION, 525 TH MI BRIGADE, XVIII AIRBORNE CORPS, FORT BRAGG, NC 28310; FC; AKA: HIGGINBOTHAM; [ASSAULT CONSUMMATED BY A BATTERY], [MALTREATMENT OF A PERSON IN US CUSTODY], [DERELICTION OF DUTY] 3. SPC;111111111111111.1111.. FAIRFAX, VA; MALE; WHITE; ALPHA COMPANY, 519 MILITARY INTELLIGENCE (MI) BATTALION, 525 TH MI BRIGADE, XVIII AIRBORNE FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page l of 45 4. 2 \Co Co .1 C_DODDoAulD11784 0134702-CID369-23533 CORPS, FORT BRAGG, NC 28310; FC; [ASSAULT CONSUMMATED BY A BATTERY], [MALTREATMENT OF A PERSON IN US CUSTODY], [DERELICTION OF DUTY] IV; (FORMERLY SSG)1111111111 NEWPORT NEWS, VA; MALE; WHITE; FORMERLY OF ALPHA COMP , 519TH MILITARY INTELLIGENCE (MI) BATTALION, 525 114 MI BRIGADE, XVIII AIRBORNE CORPS, FORT BRAGG, NC 28310; FC; [DERELICTION OF DUTY], [ASSAULT CONSUMMATED BY A BATTERY],. [MALTREATMENT OF A PERSON IN US CUSTODY], [CONSPIRACY (UNFOUNDED)]. 5. SPC; CINCINNATI, OH; MALE; BLACK; 377H MP COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH 45327; AR; [ASSAULT CONSUMATED BY A BATTERY], [MALTREATMENT OF A PERSON IN US CUSTODY], [FALSE OFFICIAL STATEMENT (UNFOUNDED)], [MAIMING (UNFOUNDED)], [INVOLUNTARY MANSLAUGHTER (UNFOUNDED)]. 6. INDIANAPOLIS, IN; MALE; WHITE; 377 MILITARY POLICE COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH; AR; [ASSAULT CONSUMMATED BY A BATTERY], [MALTREATMENT OF A PERSON IN US CUSTODY] 7. SG; LOUISVILLE, KY; MALE; WHITE; 377 MILITARY POLICE COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH; AR; [ASSAULT CONSUMMATED BY A BATTERY], [MALTREATMENT OF A PERSON IN US CUSTODY], [DERELICTION OF DUTY] 8. HABIBULLAH, MULLAH [DECEASED]; AFGHAN CIV; APROXIMATELY 30 YOA, TART, AFGHANISTAN; MALE; OTHER; BAGRAM COLLECTION POINT (BCP), BAGRAM AIRFIELD, APO AE 09354; XZ; OTHER ID: PERSON UNDER CONTROL (PUC) 412; AKA: ULLAH; (NFI); [ASSAULT: AFGHAN PENAL CODE OF 1976], [ATTEMPTED ESCAPE] PC; 9. BLOOMINGTON, IN; MALE; WHITE; 377 TH MILITARY POLICE COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH; AR; [ASSAULT CONSUMMATED BY A BATTERY], [MALTREATMENT OF A PERSON IN US CUSTODY] 10. SPC; BLOOMINGTON, IN; MALE; WHITE; 377 TH MILITARY POLICE COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH; AR; [ASSAULT FOR OFFICIAL USE ONLY (FOUO) / LAW ENFORCEMENT SENSITIVE (LES) Page 2 of 45 c,. DODDOtru11785 0134-02-CID369-23533 CONSUMMATED BY A BATTERY], [MALTREATMENT OF A PERSON IN US CUSTODY] 11. SPC;111111111111111111111111. FRANKFURT, KY; MAL ; WHITE; 377 MP COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH 45327; AR; [ASSAULT CONSUMATED BY A BATTERY], [MALTREATMENT OF A PERSON IN US CUSTODY], [FALSE OFFICIAL STATEMENT] 12. SGT;IIROMARIMONT, OH; MALE; WHITE; 377 MP COMPANY S ARMY RVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH 45327; AR; [ASSAULT CONSUMATED BY A BATTERY], [MALTREATMENT OF A PERSON IN US CUSTODY], [FALSE OFFICIAL STATEMENT] 13.1111111111..1111111pC; JEFFERSONVILLE, IN; MALE-7,-WMTEj77 11{ MP COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH 45327; AR; [ASSAULT CONSUMATED BY A BATTERY], [MALTREATMENT OF A PERSON IN US CUSTODY], [FALSE OFFICIAL STATEMENT]- 14. GT; 11111111111111111111.1W CINCINNATI, OH; MALE; WHITE; 377 MP COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH 45327; AR; [FALSE OFFICIAL STATEMENT], [DERELICTION OF DUTY] 15. SPC; MIDLAND, MI; MALE; WHITE; 377 MP COMPANY (1 1JIISIMMlrEll),11111111" 1600 SEYMOUR AVENUE, CINCINNATI, OH 45327; AR; [FALSE OFFICIAL STATEMENT] 16. PT; ; ONONDAGA, NY; MALE; WHITE: 377 MP COMPANY, (US ARMY kRVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH 45327; AR; [FALSE OFFICIAL STATEMENT], [DERELICTION OF DUTY], [NEGLIGENT HOMICIDE (UNFOUNDED)], [FAILURE TO OBEY LAWFUL ORDER (UNFOUNDED)], [CONSPIRACY (UNFOUNDED)]. 5. VICTIM: 1. HABIBULLAH, MULLAH [DECEASED]; AFGHAN CIV; APPROXIMATELY 30 YOA; TART, AFGHANISTAN; MALE; OTHER; BAGRAM COLLECTION POINT (BCP), BAGRAM AIRFIELD, APO AE 09354; XZ; OTHER ID: PERSON UNDER CONTROL (PUC) 412; AKA: ULLAH; (NFI); [NEGLIGENT HOMICIDE (UNFOUNDED)], [MALTREATMENT OF A PERSON IN US . CUSTODY], [ASSAULT CONSUMMATED BY A BATTERY]. FOR OFFICL4L USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 3 of 45 DODD0A611i8g---- 0134-02-CID369-23533 2. UNKNOWN; CW; AFGHANISTAN; MALE; OTHER; BCP, BAGRAM AIRFIELD APO AE 09354; XZ; OTHER ID: PERSON UNDER CONTROL (PUC) (NFI); [MALTREATMENT OF A PERSON IN US CUSTODY], [ASSAULT CONSUMMATED BY A BATTERY]. 3. US GOVERNMENT (BCP, BAGRAM AIRFIELD, AFGHANISTAN, APO AE 09354); [ATTEMPTED ESCAPE], [DERELICTION OF DUTY], [FALSE OFFICIAL STATEMENT] FRANKFURT, KY; MALE; WHITE; 377 TH MILITARY POLICE COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH; AR; [ASSAULT: AFGHAN PENAL CODE OF 1976 (UNFOUNDED)] 5. SG;4F111111111111111111. FORT THOMAS, KY; MALE; WHITE; 377 MILITALICE COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH; AR; [ASSAULT: AFGHAN PENAL CODE OF 1976] 6. PC;111111111111111111111111, BLOOMINGTON, IN; MALE; WHITE; 377 MILITARY POLICE COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH; AR; [ASSAULT: AFGHAN PENAL CODE OF 1976] 7. INDIANAPOLIS, IN; MALE; WHITE; 377 TH MILITARY POLICE COMPANY (US ARMY RESERVE), 1600 SEYMOUR AVENUE, CINCINNATI, OH; AR; [ASSAULT: AFGHAN PENAL CODE OF 1976] INVESTIGATIVE SUMMARY: "THIS ISA STRONGHOLD FREEDOM INVESTIGATION." On 4 Dec 02, SA pp.FCITF, Bagram Collection Point (BCP), Bagram Airfield, Afghanistan, 093 1 (BAF), reported a Person Under Control (PUC) died after being found in his cell unconscious with shallow breathing. On 8 Dec 02, LTC Forces Regional MedicalExaminer, Landstuhl Regional Medical Center 0 AE 09180, conducted an autopsy of HABIBULLAH's remains. LTC pinion was the cause of HABIBULLAH's death was a pu onary embolism brought about by a blood clot in the pulmonary artery near the heart. The manner of death was homicide. Investigation established probable cause to believe HABIBULLAH succumbed to a pulmonary embolism caused by a combination of blunt force trauma (inflicted by members of the MP Company Guard force) to his lower legs, and prolonged standing FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 4 of 45 9-C DODD0Yetti11787 0134-02-CID369-23533 restraint during the four days he was held at the Bagram Collection Point (BCP), Afghanistan. Investigation has demonstrated the unlawful use of force by the MiPs listed above (in the form of common peroneal knee strikes) to HABIBULLAH's legs, combined with the use of standing restraint and sleep deprivation at the direction of MI soldiers identified above;' caused his death. Enforced standing (achieved through chaining to the ceiling) was used both as a punishment and as a part of sleep deprivation. The conduct of the soldiers was outside the scope of their training and authority in the lawful execution of their duties, it further constitutes Assault Consummated by a Battery and Cruelty/Maltreatment of a person in their care, custody and control. Investigation did not establish probable cause to believe any of the subjects committed the crime of Negligent Homicide. The autopsy finding, a blunt force injury to HABIBULLAH's left leg was where a fatal blood clot formed, is only supported by a preponderance of evidence. The investigation did not conclusively establish the individual who was responsible for that specific injury. Further, the medical examiner's opinion is that, regardless of the any blunt force injury, a significant factor in HABIBULLAH's death was prolonged, enforced, standing by restraint. The prolonged, enforced standing caused blood to pool in the victim's legs, significantly aiding in the formation of the blood clot that became a fatal pulmonary embolism. The investigation did not conclusively determine a single individual was responsible for ordering or approving this course of prolonged standing restraint. Investi afon established probable cause to believe mmitted the offense of Dereliction of Duty for failure to c interro a within applicable policies. According to the CJ2 (COL the only authorized techniques for interrogations in the BCP were those outlined in FM 34-52. That manual specifically prohibits physical contact. However, the evidence indicates that all listed individuals used, condoned or ratified physical contact during interrogations. In established credible information to believe MI Interrogators and committed the offenses Assault /Maltreatment in their physical assaults on PUC WI)* ere observed by witnesses pulling on a detainee s beard, yanking his head around by his beard, kicking him in the buttocks and legs and forcing detainees to maintain contorted, painful body positions during interviews. FM 34-52 (Intelligence Interrogation) specifically prohibits use of force during interrogations. AR 190-8, paragraph 2-1a(1)(d) states, "The use of physical or mental torture or any coercion to compel prisoners to provide information is prohibited." It further states, "Prisoners may not be threatened, insulted, or exposed to unpleasant or disparate treatment of any kind because of their refusal to answer questions." ion established credible information to believe this misconduct was reported to he MI NCOIC, who excused it as necessary to the mission, did nothing to stop the behaviors, and failed to report it or prevent further occurrences. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 5 of 45 I\ toci DODDOAclu11788 0134-02-C1D369-23533 Investigation established:credible information to believe sically as bers of the 37 th and Company and en he kicked in the n, punched and attempted to escape confinement by grabin shovin and running from his cell. During these incidents, delivered blows with their fists and knees to defend themselves, subdue HABIBULLAH and prevent his escape, as allowed for under the self-defense provision of Use of Force guidance. Investigation established r able c use to unfound the offense of Assault, as it re es to an incident wherein eported HABIBULLAH spat on him. later admitted the incident was embellished. Investigation sta 'shed cr e inform on to b MP Guard Force Co ersonnel and and committed the offenses of Assault Consummated by Battery and Crue ty/Maltreatment when they delivered strikes, with their knees, to the lateral aspect of the thigh region of HABIBULLAH as punishment non-compliance withprocedures or directives. at least one occasi sought and gained permission to strike the shackled detainee from eant of the Guard (SOG), establishing credible information to believe SSG s a principal and as such also committed the offense of Assault Consummated by Battery and Cruelty/Maltreatment. Additionally, members of the MP guard force placed HABIBULLAH in "standing restraint" as punishment. This was achieved by chaining his arms overhead to a fixed object (ceiling) for varying periods of time ranging from 30 minutes to several hours. AR 190-47, paragraph 12-10e, prohibits the use of irons, restraining straps and jackets, shackles, hand irons, or legs irons as punishments and prohibits fastening prisoners to stationary objects. Securing a prisoner to a fixed object is also prohibited under AR 190-47, paragcaph 9-7e, except in emergencies. AR 190-8, paragraph 6-11a(4) prohibits "inhumane, brutal or dangerous" disciplinary punishments and specifies the "age, sex and health of the civilian internee will be considered." The deliberate blows to restrained individuals, the use of shackling/restraint devices as punishment and for sleep deprivation (directed by MI interrogators), collectively constitute unnecessary, excessive physical force and violence to persons under the care, custody and control of US forces, and who are entitled to protection JAW AR 190-8, paragraph 1-5 (Enemy Prisoner of War, Retained Persons, Civilian Internees and Other Detainees) and therefore constitute Assault and Cruelty/Maltreatment. Probable cause exists to believedligommitted Dereliction of Duty because, as a detainee guard force noncommissioned officer (NCO), it was his duty to ensure detainees were treated humanely and not subjected to assaults. He violated this duty when he failed to correct soldiers who bragged about their use of excessive force against various detainees. He also committed Assault and Maltreatment when he authorized or ordered soldiers to give unnecessary knee strikes to a restrained detainee. FOR OFFICL1L USE ONLY (FOUO)/ LAW ENFORCEMENT SENSITIVE (LES) Page 6 of 45 1,8 Col -3-C DODDOA ID-0789 0134-02-CID369-23533 Previously listed offenses regarding IIMIFere unfounde ed upon insufficient evidence to indicate criminal intent. vi ence indicates eatedly sought guidance on permissible interrogation techniques. However, as derelict in the performance of her duties in that she sought to go beyond the guidance in FM 34-52, approved for use in Bagram, and failed to e subordinates acted IAW this guidance. Evidence also indicates she andiiii condoned interro ation techni ues beyond that allowed in FM 34-52, but there is no direct evidenceand were acting in concert with regard to physical assaults of detainees. es of Negligent Homicide and Conspiracy were unfoun elate to due to the fact there is insufficient evidence to believ acts or omissions were the legal cause of HABlBULLAH's death. Legally, sufficient evidence officer and senior NCO chain of command supervision exists to mitigate esponsibility for the abuses by his soldie s to Obey a Lawful Order was unfounded because credible evidence indicates empted to comply with the order of the BCP legal advisor to end the practice of overhead chaining prior to the second death (as documented in CTD ROI #0137-02-CID369-23533) and his soldiers simply failed to follow that guidance ffenses of Dereliction of Duty and False Official Statement w' e rd to emain valid in that there is still probable cause to believe id not adequately investigate complaints of abuse of detainees advanced by the ICRC and deliberately mislead investigators about the conduct of his soldiers during the investigations of both deaths. Investigation to date has found no existing CJTF180 guidance authorizing any of the described actions as approved tactics, techniques and procedures (other than the use of standing restraint as a disci linary meas e in the BCP SOP). The responsibility of supervisory personnel and was to ensure their subordinates were acting IAW existing guidance, whic they failed to accomplish. STATUTES: Article 92, UCMJ: Dereliction of Duty Article 93, UCMJ: Maltreatment of a Prisoner Article 107, UCMJ: False Official Statement Article 119, UCMJ: Manslaughter Article 134, UCMJ: Negligent Homicide Article 128, UCMJ: Assault ConsUmmated by .a Battery Article 80, UCMJ: Attempted Escape Afghan Penal Code of 1976: Assault EXHIBITS/SUBSTANTIATION: ATTACHED . 1. Agent's Investigative Report (AIR) of SA ate c 02, detailing initial notification of the death; interview of 1LT preliminary FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 7 of 45 DODDOA IltYNO 0134-02-CI1D369-23533 observations related to the remains of HABIBULLAH; interviews of CPT illillind MAJ (DIM; death scene examination; collection of records related to t ep custodyand care of HABMULLAH; interviews of SPC nd SFC ous rief ti ns F180 leadership; interviews of SSG SPC teret ordination with AFIP; interviews of SGT IP me • -1 autopsy;aisitiof CPT SPC SSG d SGT ; the conduct of a field test for drugs o a substance in HABIBULLAH's belongings; the conduct of a health and welfare inspection of MP belongings by the 377th MP Co; and receipt of the Death Certificate. 2. Copy of medical treatment packet recording care for HAB1BULLAH on the night of his death, including SF Form 600, Chronological Record of Medical Care, dated 4 Dec 02; DA Form 3894, Hospital Report of Death; and blood work, EKG strips and various lab results. 3. Sworn Statement of SPCIIIIRdated 4 Dec 02, detailing his observations and actions relating to the collapse and death of HABIBULLAH. 4. Sworn Statement of SFC OEN dated 4 Dec 02, detailing his initial notification of the death and actions subsequent becoming aware of the death. 5. Sworn Statement of SSG Mated 4 Dec 02, detailing his observations and actions as the Sergeant of the Guard (SOG) on duty in the BCP on the night of HABIBULLAH's death. 6. Sworn Statement of SPCINIMIdated 4 Dec 02, detailing his actions and response relative to the collapse and subsequent death of HABlBULLAH. 7. Sworn Statement of SG 4 Dec 02, detailing his knowledge of health issues HABMULLAH demonstrated during his last interview with MI on 3 Dec 02. 8. Sworn Statement of SPCOIMI dated 5 Dec 02, detailing his interactions with and treatment of HAB1BULLAH during his incarceration within the BCP from 30 Nov to 4 Dec 02. 9. CID Form 36E, Test Analysis of Suspected Controlled Substances, dated 7 Dec 02, prepared by SA which documented his screening of a substance found among HABIBULLAH's personal effects and produced negative results for the presence of marijuana, heroin and cocaine. 10. Copy of Statement of Recognition of Deceased, dated 9 Dec 02, in which 1L verifies HABIBULLAH's remains. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 8 of 45 )t).( DODDOACID11791 0134-02-C11D369-23533 Form 2064, Certificate of Death, prepared by Dr. on 8 Dec 02, listing HABIBULLAH's cause of death as pulmonary embolism and his manner of death was deferred pending further investigation. 12. DD Form 2064, Certificate of Death, prepared by Dec 02, listing HABIBULLAH's death a result of a pulmonary embolism and ruled it ahomicide. 13. Copy of Sworn Statement of SSG , dated 10 Dec 02, (unsigned)detailing his actions and observations relevant to the treatment of and interaction with HABIBULLAH during his incarceration and describing an assault he suffered at the hands of HABIBULLAH. MPs 14. AIR of S 3 Dec 02 SPC g sus I ect inte C ews with 377th SSG SG PC SPC GT SGT SG PC w ess interviews and 5191 t ators SP SPC SPC ervices Civilian Interpreters SPC T rie • ous ersonn CJTF180 AJ d COL 15. Waiver Certificate and Statement of SPC ted 16 Dec 0 " hi e denied striking HABIBULLAH, but reported SPC struck [as documented in CID ROI #0137-02-CID369-23534]. ill 16. ver Certificate and Statement of SGT11111111dated 16 Dec 02, in whichrecounted an incident in which HABIBULLAH kicked him in the groin during m processing and another incident in which there was a strug' " gmultiple MPs and the detainee was physically overpowered by MPs dmitted to striking HABIBULLAH twice in the shoulder with a closed fist in order to gain his compliance, when the detainee pinned hand between his (HABIBULLAH's)legs. 17. Waiver Certificate and Statement of SPC ec 02,Beta' observation of HABIBULLAH spitting on SP in 3 Dec 02. lso denied striking HABIBULLAH or seeing anyone else strike him. dmitted to striking conduct documented in OD ROI #0137-02- CID369-23534. 18. Waiver Certificate and Statement of SPC dated 17 Dec detailing his interaction with HABIBULLAH during his incarceration. recounted an escape attempt by the detainee and admitted to striking H IBULLAH multiple times in the common peroneal area (using his knee) with the permission of SSG FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 9 of 45 DODDOA 0134-02-CM369-23533 MOthe SOG. He also observed SPC-also strikee detainee multiple times in the presence of and with the permission of SSG he SOG. 19. Sworn Statement of Mr ed 17 Dec 02, detailing his observatiaigig MI interrogations o wherein he GTE= and SPC 11.1111111e ssault and &illy the detainee. eported themisconduct to SSG I NCOIC who dismissed an excused the conduct as "necessary", as documented in CID ROI #0137-02-CID369-23534. l - I of SPC ith HABIBULLAH. lade state d to his manhandlingand SPC administering water to during an interview session, as documented in ROI #0137-02-C1D369-23534. 20. Waiver Certificate and iiit&-ijaitadated 17 Dec 02, denying 21. Waiver Certificate and Statement of SPC 111111,1 ta ed 17 Dec 02, detailin his recollection of aninterview session with HABIBULLAH conducted by SGT tated reported being struck by the MN (NFI) in his left outer thigh, as • ocumented m ID ROI #0137-02-CID369-23534. 22. Waiver Certificate and Statement of SGT IM dated 17 Dec 02, detailingiysically painful stress positions/techniques, an physical hysical manipulation of, during interro ' cumented in CID ROI #0137-02-CID369-23534. dmitted to strikin n the back of his knee to force him into a kneeling position. No information relevant to contact with HABIBULLAH is contained within the statement. 23. Sworn Statement ofallair dated 18 Dec 02, detailing his observations relevant to interrogations of HABIBULLAH. He denied observin in opriatebehavior from MI Interro ors re ed • AB ecounted multiple assaults by and s documented in CID ROI __#0137-02-CID369-23534. He also described force feeding water into mouth, choking him, as documented in CID ROI #0137-02-CID369-23534. 24. Sworn Statement AM dated 18 Dec 02, describing an interview session with HABIBULLAH one day prior to the detainee's dea n HABIBULLAH complained of pain in his chest and abdomen. also reported HABIBULLAH was unable to bend his knee sit on the floor, he was also 't-tin u hlegm throughout the interview. iso recounted talking with at the request of the MPs (NF was chained to the ceiling in his cell, complaining he needed medication. ported the complaint to the MPs (NFI) who checked the detainee's nails and dismissed the matter, stating the man was fine, as documented in CID ROI #0137-02-CID369-23534. 25. Sworn Statement of dated 18 Dec 02, detailing he observed no abuseof HABIBULLAH and could onl recall icipati terview with him. He reported MI Interrogators SPC and SPC, kicked the buttocks of FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 10 of 45 cp "?—c- DODDOACID11793 0134-02-C1D369-23533 IIIIIIIBNFI) and ulled his beard. ft the interview suite and reported theconduct to SSG MI NCOIC, who dismissed the incident as permitted. 26. Waiver Certificate and Statement of SPC 18 Dec 02, in w he had no contact with HABIBUL etails his contact thi and complaints from other PUCs regarding other abuse, as documented in CID ROI #0137-02-0D369-23534. 27. Waiver Certificate and Statement of SPC dated 18 Dec 02, his involvement in three interview sessions of HABIBULLAH, wherein SGT was the lead interrogator. He denied either interrogate bused HABIBULLAH, but they were told by the detainee that the MPs (NFI) beat him. ecalled HABIBULLAH was carried into all the interviews and never walked un er his own power. 28. Non-Waiver Certificate of SPC ated 19 Dec 02. 29. Waiver Certificate and Statement of SGT dated 19 Dec 02, denying 111111 he struck or observed anyone s 'ailIBULLAH, but admitted he heard rumors the MP Guards (NFI) struck him. eportecl HABIBULLAH entered each of the first two interviews under his own power, but was carried into the last (third) interview. He noted HABIBULLAH was spitting up a thick substance, which the interpreter told him was a by-product of discontinuing the use of a local tobacco product. 30. Waiver Certificate and State , dated 19 Dec 02, admitting d permis strike HABIBULLAH for his hood. as told to make t "light". further recounted complained e was dehydrated and administered water to him. scribed s not problematic and stated he had no knowledge of anyone striking im, as documented in CID ROI #0137-02-CID369-23534. 31. Waiver Certificate and Statement of SPCMIN dated 19 D admitting he struck H ULLAH several times at the direction of SSG and witnessed SPC strike him several times, because the detainee was lifting his hood. 32. Waiver Certificate and Statement of SSG 20 Dec detailinghis effort to attempt to feed HABIBULLAH, on the night of his death. lso recounted being briefed by the previous shift that each time HABIBUL AH raised his hood, the guards administered common peroneal strikes. 33. Waiver Certificate and Statement of SSG ted 20 Dec 02, denying he had any involvement with HABIB ecounted he was involved in an incident on 9 Dec 02, with w erein the de ainees was placed in corrective restraints for talking and ref-using to stand. escribed the FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 11 of 45 DODDOACID11794 0134-02-C1D369-23533 confi r • of the chaining and indicated _hands w over his head. sed another PUC _o translate and learned _elt his cuffs were too tight and he wanted to be permitted to rest/slee _attern ted to adjust the cuffs and a fight ensued, during which _observed SP administer one common peroneal strike. Multiple MPs responded and the detainee was taken to the floor, ultimately he was shackled to stretcher and placed in an Isolation Cell, as documented in CID ROI #0137-02-CID369-23534. 34. Waiver Certificate and Statement of SKIIIMIated 21 Dec 02, admitting he deli ered se ral common peroneal strikes to HABIBULLAH durin his incarceration._de similar admissions related to his abuse of _as documented in CID ROI #0137-02-CID369-23534. 35. Waiver Certificate and Statement of SGT ed 21 Dec 02, in which he described HABIBULLAH's spitting on SPC n3 Dec 02 and observing the detainee later that evening nied striking or seeing anyone else strike HABIBULLAH._recounted enforcing a course of sleep deprivation used onl _at the direction of MI (NFI) and requested use of he restroom as a ruse to et _e rest from being chained s e night._lso recounted SPC _orce feeding water down throatduring an interview session, all con uct documented in OD ROI #1037-02- CID369-23534. 36. Waiver Certificate and Statement of SGT_ dated 21 Dec 02, admitting he used pressure point control to cjoigialiciaimder his nose) to motivate HABIBULLAH to comply with directions. 1111111Wenied any use of common peronealstrikes on any PUCs, based upon the extreme dif erence in height between him and mostdetainees he stated it unsuitable for use. enied any significant involvementwith 37. Waiver Certificate and Statement of SAM, dated 22 Dec 02, wherein he references an earlier statement on 10 Dec 02 (contained with CID ROI _7-02- involveme_• HABIB_stated he observed and_trike_on separateoccasions, inside the cell, but he felt the use of orce was lawful. 38. Waiver Certificate and Statement of SPCIIIIP, dated 22 Dec 02, admitting he assisted SFC_in straining HABIBULLAH when he stuck hishands out of the Is ion_ ounted a struggle in the airlock withmultiple MPs and_herein_struck the detainee_ on peroneal strike, as documented in OD ROI #013 - -_9-23534_o illif e._ith a c° isdescribed CPR efforts by MPs on the night of _each. 39. Waiver Certificate_Stat_ 2 Dec 02 admitting he participated wit_ and in chaining HABIBULLAH to the ceiling in the Isolation Cell with his hands over his FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 12 of 45 bc_ G 6 DODDOACID1 1795 -10134-02-C1D369-23533 affiigiat, i head. Hewitness_r trike t e detainee three times in common peroneal area andobserved_hastise_or unnecessary use of force. 40. Non-Waiver Certificate of SG1111111. dated 22 Dec 02. 41. Waiver Certificate and Statement of SGT1111111111 dated 23 Dec 02, wherein he denies having any contact wit HABIB AH. He recounted the airlock incident in which multiple as documented in CD ROI #0137-02-ClD369-23534. triking either detainee, but confirmed SGT_recollection o se in using the restroom to obtain a break rom sta din restraint. He observe eliver one common peroneal strike t 42. AIR of S_dated 21 Jan 03 documentinartierview of the MI NCOIC SS_; and 377th MPs (SP_, SPC_d SSG 43. Waiver Certificate and Statement of SSG.", dated 26 Dec 02, detailing he was the N OIC of the MI Unit Platoon ergeant and in charge of MI Operations in the BCP. ecalled old him HABIBULLAH was treated harshly by the MPs at the detainee ly combative ith MPsreuirin him to be subdued. itted infor ed him an physically assaulted He talked with she described the incl ent very differently. tated he reinforced with the rules that MI followed which did not permit abusive h sic contact with detainees, as documented in CID R I #0137-02-C1D369-23534. dmitted he was informed of SPC se of water on and he felt the complaints were not credible and did not ear -urther scrutiny. efended the use of "stress techniques/safety positions" as being in line with existing DoD policy. 44. Sworn Statement of SP _31 Dec 02, wherein he describes the training the 377 th MP Company receiv_iie use of common peroneal strikes andpressure point control techniques (PPCT). _w as the alternate trainer for his platoon, based on certification he had with the Indiana State Police (ISP) and the Indiana Law Enforcement Academy (ILEA). 45. Sworn Statement of SPC_1111ated 31 Dec 02, wherein he describes thetraining the 377th MP Company received_use of common peroneal strikes andpressure point control techniques (PPCT _was the trainer for his platoon, based on certification with the Indiana Law Enforcement Academy (ILEA) and in Basic Training and AIT at Fort Leonard Wood, MO. 46. Waiver Certificate and Statement of SS _dated 21 Jan 03, in pts his earlier statement of 10 Dec 02 (Exhibit 13) and admits he struck twice with his fist in the detainees' right side, during the aforementioned struggle in the airlock, as documented in CID ROI #0137-02-0D369-23534. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page .13 of 45 loc., DODDOACID11796 0134-02-01)369-23533 AIR of SAM dated 14 Mar 03, documenting coordination with LTC JA, wherein he was provided copies of all exhibits to the report to date; cei t the Final Autopsy Protocol of HABIBULLAH; and an interview of CPT 48. Final Autopsy Protocol and Toxicological Findings of HABlBULLAH, dated 24 Feb 03, indicating HABIBULLAH died from a pulmonary embolism, secondary to blunt force trauma and his death was a homicide. 49. Sworn Statement of CPT111.1111111ated 14 Mar 03, describing the 377th MP Compan 's tra . • for their mission in Afghanistan and the Rules for Use of Force in the BCP_described the development of the BCP SOP and training the unit received on locations on the body where blows could be delivered safely, as identified in the Monadnock Baton Chart. 50. Monadnock Baton Chart (color coded) indicating areas safe for baton use. 51. AIR of SA_dated 11 Jun 03, documenting coordinationwith the 377th MP Company leadership and collection of relevant documents (PermanentOrder 179-001, dated 28 Jun 02; the 377 th Tactical SOP, dated May 99; and the unit alpha roster, dated 3 Jun 03; Emergenc Action SOP and Emergency Rece tion Procedures); iews o SG SG , SS_ SPC SSG. itness interviews of CPT and suspect interview of SSG 52.Permanent Order #179-001, activating 377 th MP Company for deployment toAfghanistan, dated 28 Jun 2002. 53. 377th MP Company (Guard) Tactical Standard Operating Procedure (SOP), dated May 1999. 54. 377th/ /MP Company Disturbance/Riot Emergency Action SOP, undated. 55. Sworn Statement of CAM dated 8 Jun 03. 56. Sworn Statement of SSGIlliedated 8 Jun 03. 57. Waiver Certificate and Sworn Statement of SS _11 Jun 03. 58. AIR of SAIIIIIIIIated 13 Jun 03, detailing coordination with MI to obtain an classified BCP and MI SOPs (dated 30 Jun 90), reconstruction of facility sketches, collection of a tube of blood (HABIBULLAH), attempts to construct a timeline of events, coordination CITF to locate records on capture of HABIBULLAH, obtaining classified AR 15-6 Report results withwirin statements obtained by the Investigating Officer and interviews o _and FOR OFFICIAL USE ONLY (FOLIO)/LAW ENFORCEMENT SENSITIVE (LES) Page 14 of 45 DODDO C(11797 ),8) 0134-02-C1D369-23533 59. Sketch Packet, daicliagjaterior design layout of BCP and reconstructed crime scene sketches of SAME. dated Apr 03. 60. Timeline, prepared by SAMMIIII, significant events during HABIBULLAH's incarceration. Copy of Sworn Statement of SSG _dated 16 Jan 03, taken by COL 15-6 Officer, detailing his work experience, team composition, techniques applied (including the use of safety positions) and recommended improvements for MI operations within the BCP. Copy of Sworn Statement of CPT _dated 17 Jan 03, taken by COL 5-6 Officer, detailing his unit's pre-deployment and sustainment training, experience, schedule within the BCP, punishments in the BCP, familiarity with the USDB rules on infractions/pundshments, understanding of execution of sleep deprivation and improvements suggested for the BCP. 63. Copy of Sworn Statement of CPTdated 17 Jan 03, taken by COL Millf5-6 Officer, detailing her unit makeup and experience level, methods used to measure proficiency, sequence and techniques of interrogation, use of sleep deprivation, and limits on use of physical contact with PUCs. 64. AIR of SA_'SA 1111111, dated 24 Aug 2003, detailing the rationale for the formation of the Task Force, observations from review of case file and evidence to date, coordination with subject matter experts (SME) in Army Corrections, preparation and submission of Crime Lab Exam Request to USACIL. 65. Military Police Program of Instruction Training Outline Packet, detailing the tasks, conditions and standards for detention operations and prisoner handling training provided for military police in the summer of 2002. 66. DA Form 3665, Crime Lab Request, dated 24 Aug 03, requesting USACIL examine four items of personal property seized from HABIBULLAH upon arrival at the BCP, as documented under ECD Voucher #0063-02 for poisons, toxins, controlled substances and medications. 67. AIR of SA_SAM, dated 28 Aug 03, detaili_' tion with I Ne interpreters for interview, interviews of CPT_who examined at FOB Salerno (another _his capture) and CPT Titan Serv.N OB Salerno with physician a 68. Sworn Sta n_Sketsilif CPT ingindated 28 Aug 03, detailinghis examination of_UC Mat Forward Operating Base (FOB) Salerno, shortly after his capture by US Forces. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 15 of 45 (L. _c:C- DODD0AulD11798 0134-02-C1D369-23533 69. AIR of SAM/SAMMIldated 9 Sep 03, detailing collection as evidence of an After Action Review from the Mobilization Assistance Team (MAT) Opson the 377th and the Post Mobilization Training Support Requirements (PTSR) of CPT n the 377th_y's trainin n_• ordination's with MAT Ops Staff, interviews of CPT d SSG_(who trained the 377th MP Company at Fort Dix, NJ prior to the unit's deployment) and canvass interviews of other trainers with no specific recollection of the 377 th MP Company. 70. Copy of AAR, signed by CPT_dated 30 Jun 02, pertaining to theperformance of the 37 ti ompany during a Mission Rehearsal Exercise (MRE) ondetention operations._-ioted a lack of familiarity with 95C (Corrections) tasks and poor preparation at squad/team level as well as the chain of command and the unit lacked a Tactical SOP for the mission. 71. Copy of PTSR, signed by CP_dated 11 Jun 02, detailing his unit's training requirements for five critical task areas in EPW Operations. 72. Sworn Statement of CAW dated 9 Sep 03, detas observations and responsibilities as the Officer in Charge of the 377 th's MRE._referenced the same tasks, conditions and standards contained in the above referenced POI (see Exhibit 65) as the grading criteria for the MRE. 73. Sworn Statement of SSG Mallidated 9 Sep 03, detailing his observations related to the training of USAR soldiers and instructions by the MAT Opsstaff to the 377 th MP Company that they were not to use common peroneal (knee) strikeson detainees. 74. AIR of SAMISAIIIII, dated 23 Sep 03, detailing coordination with tent Prints Division re_'_tterned impression on the left calf ofd interview of COL_USACIL indicated based on the lack of scale on a plane with the injury, they could not reach a conclusion about the genesis of the mark. 75. Sworn Statement of COL _23 Sep 03, detailing his exam _HABIBULLAH as he was in processed at the BCP on 30 Nov 02. HABIBULLAH "looked well" with no signs of illness, injury and no medical complaints, other than one cavity in a tooth. 76. AIR of S_SA_dated 6 Nov 03, detailing interviews of , and SJA and AMP coordination's. 77. Sworn Statement of SFCRAIffedated 7 Oct 03, detailing his observations relevant the 377 th MP Company training at Fort Dix, NJ, for which he was a Unit Assistor.111111111.rovided a copy of an email from 1 st Army acknowledgingthe 377th MP Company was below standard in several areas, but directed deployment FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 16 of 45 DOD 5C1Dic799 0134-02-CID369-23533 anyway. He also provided a copy of correspondence between the 211 th MP and the 377 thMP Company. 78. Copy of Electronic Message Traffic (Email), dated 26 Jun 02, detailing MAT Ops, Fort Dix, NJ notation the unit did not meet validation criteria and should be REFRAD (Returned for Additional Training). 1 St Army response was to fix what theycould and deploy the unit on schedule. 79. Copy of Memorandum, entitled "Non MTOE Items Needed for Deployment to KAF", dated 14 Jun 02, signed by CPT 11111&11 th MP Company. The memo detailed for the 377th MEP Company, training requirements specific to detention facility operations. 80. Sworn Statement of CPT_dated 15 Oct 03, detailing his observations relevant to the 377th MP Company training at Fort Dix, NJ, for which he was a Unit Assistor._ tated the 377 th MP Company taught Unarmed Self Defense (USD) internally and they were instructed batons were not permitted in a US Detention Facility. He confirmed the training conducted at Fort Dix, NJ was IAW with the POI provided in Exhibit 65. worn Statement of 1111111 dated 27 Oct 03, detailing his obse ation of restrained in an Isolation Cell with his hands cuffed overhead. described observing interpreters (including place a detainee in a kneeling position and interlockin _ers behind his head, forcing his head down until the detainee cooperated. lso described other positions used to cause physical discomfort to detainees and indicated he could not recall the names of the interrogators but would recognize photographs of them. 82. Sworn Statement of LTC _dated 29 Oct 03, the physician who pronounced HABIBULLAH dead on 2013Z/3 Dec 02. He indicated HABIBULLAH was dead on arrival at the Emer Mir and he did not attempt to revive him based on hisobviously deceased status. doted injuries (bruising) to HABIBULLAH's leftchest, thigh and nose areas, as well as swelling to the left knee. 83. AIR of SA_ ated 20 Nov 01 detailing interviews ofTitan Services interpreters _ and MOW coordination with Regional Medical Examiner_regarding re-enactment photographs contained in photo packet; check with CITF to locate possible witnesses to the incident who were still at the BCP; coordination with 327 th MP Bn Cdr LTC coordination with 327 th MP Bn Corrections SME (SFC_and search of BCP for pass-on books, medical records; command briefings of CJTF180 Staff members. 84. Sworn Statement and Sketch ofillillir dated 15 .o 03, dobservations relevant to interrogations he translated for in which physically abuse _They used "safety positions" to caus discomfort and kicked him or hit him when he failed to maintain the positions. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 17 of 45 1.k DODDO Of'D14)0 0134-02-C1D369-23533 warned not to hit 011111,"too hard" Cause_was so small. eported his observations to_ho stated "it was wrong" and indicated he would talk with elt1111111understood tolerated and made excuses for the interrogators a usive conduct. He observed later making jokes about having physical contact with detainees. observed eta es chained to the ceiling of th •_r hours as punishment and he witnessed1110111directed the MPs to chain_to the ceiling of the airlock, after aninterrogation. He com leted a sketch of the positions he by iiii rti s to an interrogation of_in which he observe_and_assault the detainee. 85. Sworn Statement of_dated 0 Nov 03, detailing his observations relevant to interro ations he translated for in which abused_In the final interrogation, prior to observe_ slammed the detainee's chest into the table, and forced water into DILAWAR's mouth, choking him He observed DILAWAR in physical distress sha • tired, weak, complaining of numb hands and feet; and asking for water). structed DILAWAR to kneel, which the detainee stated he could not. structed the MP to put DILAWARon his knees, which the MP (NFI) did by stepping on or kneeling on his knee. 1concluded the interview by shakingDILAWAR and threatening him with transfer to _'can prison, where accordinge would be "_a woman". _instructed the MN to keepILAWAR awake._also described assaults on other detainees, he witnessedcommitted by_and our 86. Sworn Statement of _21 Nov 03, detailin his observations relevant to interrogations he translated for in which he obse and _PUC_• • and pulling his beard). orted several mei en s tob dismissed the conduct and elt the friction created by his comp aint caused his transfer from the BCP. 87. Nov 2003 Escalation & Application of PUC Punishments in the BCP. 88. AIR of SAM. dated 1 Dec 03, detailing his collection of military ID photographs for use in identification line-ups from the Defense Manpower Data Center(DMDC). 89. Copy of CD-ROM, containing identification photographs from DMDC. 90.AIR of SAIN dated 15 Dec 03, detailing interview of,receipt of USACIL Lab Results, Task Force In-briefing, research into compounds discovered in USACIL examination, receipt of DCII Name Checks on identified subjects — no persons were found to have criminal histories. 91. Sworn Statement and Photo ID Sheets o _11 Dec 03, detailing his observations relevant to interrogations he translated for in which Mr FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) •5` . Page 18 of 45 ‘_Le. DODDOAC1D11801 0134-02-C11D369-23533 interrogated HABIBULLAH the da* prior to the detainee's death. HABIBi liAli : , was very sick, spitting up phlegm and the interrogators gave him a spit cup. _ recall HABIBULLAH could not bend his _t leg (at the knee), but was stubborn and gavesmart responses to questions. ENEwanted to employ the kneeling "safety position",but settled f. . . 1 • HABIBULL on the ila of thec ialiwe'§ swollen eeand foot._'dentified_s_as 1111111rand_as ased on photographs shown to him of the interrogators at BCP in Dec 02. stated DILAWAR was ordered on sl ep deprivation by either _or CPT for many hours. MPs asked_to get DILAWAR to stop yelling/screaming. The detainee told _ if he " s left in shackles another hour he (D_would die". DILAW told_e needed a "doctor and a shot",which_passed on to MPs, who dismissed the complaint. The following day earned DILAWAR died. 92. USACIL Lab Report #2003-CID131-1751, dated 19 Nov 03, which found nicotine, camphor and mefenamic acid in compounds taken from the personal effects of HABIBULLAH. Mefenamic acid was found in the tablets contained in the foil packet collected from HABIBULLAH. 93. AIR of SAIllir dated 31 Dec 03, detailing coordination with Indiana Law Enforcement Academy (ILEA) to obtain a copy of their Physical Tactics Manual, the conduct of F1NCEN searches to locate current addresses for persons of interest and receipt of evidence from the Bagram Branch Office into the Mid-Atlantic Fraud FieldOffice. 94. ILEA Physical Tactics Manual, containing training guidelines for the application of common peroneal strikes and other Pressure Point Control Techniques(PPCT). of SA_dated 30 Dec 03, detailing the interview of MAJ who ronounced DILAWAR dead and the collection of copies of journalentries_made about the incident. 96. Sworn Statement of MAJIIIIIIIIrdated 30 Dec 03, detailing his observations and actions on the night he pronounced DILAWAR dead 97. Copies of journal entries from MAJ Mr from 4-21 Dec 02, detailing his personal observations recorded about events he witnessed his first three weeks inAfghanistan. 98. AIR of S an 04 detailing attem tointerviews o d_and a commander's coordination/briefing provided for CO r, 525 MI Brigade. 99. Non-Waiver Certificate of _dated 6 Jan 04. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 19 of 45 DOD1:6C161C1-802 0134-02-C1D369-23533 100. Non-Waiver Certificate of.dated•6 Jan 04. 101. Non-Waiver Certificate of Mdated 6 Jan 04. 102. Non-Waiver Certificate of IIIIIIIr, dated 6 Jan 04. 103. Non-Waiver Certificate of illIllr6 Jan 04. 104. Non-Waiver Certificate of.6 Jan 04. 105. SAllitted 15 Jan 04, detailing intervi d.and attempted interviews o . nd 106. Sworn Statement of CPTIMIrdated 10 Jan 04, detailing his response to the BCP for HABIBULLAH who was in rigor mortis when the medical team arrived. 107. Sworn Statement of SSG .dated 13 Jan 04, detailing his observations upon responding to the BCP when HABIBULLAH died. He also noted the detainee had been dead for sometime. 108. AIR of S.dated 15.4, detailin interview of.ind attempts to interview . nd 109. Sworn Statement o.ated 15 Jan 04, detailing the assignment of sold-rs within the 519' Interrogation cell, training received from and n the use of safety positions, the day to day operations of the Intell element run b.d his recollection of interviews with HABIBULLAH. 110. Non-Wavier Certificate of .dated 15 Jan 04. 111. Non-Waiver Certificate of IMIIIIIrdated 15 Jan 04. 112. Non-Waiver Certificate of dated 15 Jan 04. i8 13. AIR of SA n dated 21 Jan 04 detailing interviews of SFC SPC.FC.a SGT NW 114. Person Under Control (PUC) Questionnaire of. dated 21 Jan 04. 115. PUC Questionnaire of.dated 21 Jan 04. . 116. PUC Questionnaire of.dated 21 Jan 04. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 20 of 45 DoDD6AEGIEm803 0134-02-C1D369-23533 117. Sworn Statement and Sketch of 11.,dated 21 Jan 04, detailing the _ composition of 3rd Platoon, 377 th MP Company and training received on common peroneal strikes within the unit, the use of sleep deprivation by MI in the BCP, handcuffing of detainees to the ceilings of the BCP. He discussed his understanding of the use of compliance blows and strikes and recounted a discussion with SJA about the chaining. The response was the cuffs could not cut off circulation and MN could meet force with equal force. 118. PUC Questionnaire ofllMdated 21 Jan 04. 119. Sworn Statement of_dated 21 Jan 04, detailing training he received from the unit; the use of the common peroneal strike; use and enforcement of sleep deprivation with the detainees through standing restraint in the isolation cells. 12 of SA_ated 22 Jan 04 detailin i rviews of SPC SSG_PC_G_, SPC_SGT_, SSG d CPT 121. PUC Questionnaire of _dated 22 Jan 04. 122. PUC Questionnaire of _ dated 22 Jan 04. 123. PUC Questionnaire of111111111rdated 22 Jan 04. 124. PUC Questionnaire of1111111111ated 22 Jan 04. 125. PUC Questionnaire of dated 22 Jan 04. 126. PUC Questionnaire of MI dated 22 Jan 04. 127. PUC Questionnaire of 11111111, dated 22 Jan 04. 128. Sworn Statement of_dated 22 Jan 04, detailing clarification of his previous statement to CD on 8 Jun 02 (Exhibit 55) and the AR 15-6 Investigating Officer on 17 Jan 03 (Exhibit 62), related to the deployment preparation of the unit, coordination with the 211 th MP Company, and training at Ft Dix, NJ. Publishing of the 377th Standard Operating Procedure, coordination and relationship with the MI personnel, handling of the detainees, and training of the members of the 377th MP Company. The utilization of compliance blows by MP personnel. 129. 377th MP Company (Guard) Tactical Standing Operating Procedure (SOP) for Enduring Freedom 2002, undated. 130. AIR of SA_dated 22 Jan 04 detailing interviews of SPC SPC_PC Mr SPC_nd FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 21 of 45 DODD0)(65108 ----) 0134-02-C1D369-23533 131. PUC Questionnaire offal", dated 22 Jan 04. 132. Sworn Statement of fated 22 Jan 04, detailing his instruction of Pressure Point Control Techniques (PPCT) to members of the 377 th MP Company. 133. Sworn Statement ofillillrdated 22 Jan 04, detailing his involvementwith HABIBULLAH and DILAWAR. 134. Waiver Certificate and Sworn Statement of _dated 22 Jan 04,admitting he struck HABIBULLAH numerous times. 135. Non-Waiver Certificate of_fated 22 Jan 04. 136. AIR of S_dated 23 Jan 04 tailin interviews of SPC SG_SP_P_ SGT_and SSG 137. PUC Questionnaire oilli. dated 23 Jan 04. 138. PUC Questionnaire of _dated 23 Jan 04. 139. Waiver Certificate and Sworn Statement o _ft101.111t, dated 23 Jan 04, detailing the training and deployment of the unit and stri ng HABIBULLAH with common peroneal strikes. 140. PUC Questionnaire ofill1111111Idated 23 Jan 04. 141. Sworn Statement of III, dated 23 Jan 04, detailing trainingreceived by the unit to inc ude "Raven Training" at Ft Dix, NJ. Her observations of d a third MP who brought HABIBULLAH back to the downs airs iso ation cell. _turning _ rning to the cell, HABIBULLAH istingbut was struck by a common peroneal strike and _ho administered a sidekick to the chest of HABIBULLAH. She also detailed her observations related to the death of DILAWAR. 142. Second Sworn Statement ofallEir dated 23 Jan 04, providing clarification of the "Raven Training" received by the unit and the disposition of the unitlog books. 143. Waiver Certificate, Sworn Statement and Photo ID of _dated 23 Jan 04, detailing his involvement in restraining HABIBULLAH while delivered common peroneal strikes. 144. Non-Waiver Certificate of1111111dated 23 Jan 04. FOR OFFICIAL USE ONLY (FOUO)/ LAW ENFORCEMENT SENSITIVE (LES) Page 22 of 45 DODDOkdrb 1115 0134-02-CID369-23533 ted 23 Jan 04 detailin interviews o SGT_SPC SGT_PC and 146. PUC Questionnaire of Illiated 23 Jan 04. 147. Sworn Statement o _ated 23 Jan 04, detailing the training in PPCT he gave to members of the 377 MP Company. 148. PPCT Defensive Tactics Instructor's Manual, undated. 149. PUC Questionnaire ofmatdated 23 Jan 04. 150. Non-Waiver Certificate of..., dated 23 Jan 04. 151. Non-Waiver Certificate of intdated 23 Jan 04. 152. PUC Questionnaire of Tated 23 Jan 04. 153. Waiver Certificate and Sworn Statement of Mr dated 23 Jan 04, detailing his knowled of a detainee who requested and subsequently received medical care from Dr. .n re and to a complaint of stomach pain. Also, he detailedknowledge of having overheard_ched one of the two men who died in the stomach and on guard duty one of the men told him through a translator that his stomach was hurting. 154. PUC Questionnaire of IIIIIrdated 23 Jan 04. 155. Waiver Certificate and Sworn Statement _dated 23 Jan 04, detailing HABIBULLAH was kept in standing restraint for an entire day shift. 156. PUC Questionnaire of_dated 23 Jan 04. 157. PUC Questionnaire of _23 Jan 04. 158. PUC Questionnaire of_sated 23 Jan 04. 159. Sworn Statement of _dated 23 Jan 04, detailing his observations relevant to the treatment of DILAWAR and administration of water to prevent dehydration. 160. Waiver Certificate and PUC Questionnaire of _fated 23 Jan 04, detailing denying any knowledge of or participation in ill treatment of either detainee who later died. FOR OFFICIAL USE ONLY (FO UO)/ LAW ENFORCEMENT SENSITIVE (LES) Page 23 of 45 DODDODlig6 0134-02-C1D369-23533 161. PUC Questionnaire ofillOrlated 23 Jan 04. SPC 162. AIR of SA_dated 24 Jan 04 detailin interviews of CPL SPC_d SPC 163. PUC Questionnaire of1.1.111Pated 24 Jan 04. 164. PUC Questionnaire of _ dated 24 Jan 04. 165. Non-Waiver Certificate ofillirdated 24 Jan 04. 166. Waiver Certificate and Sworn Statement o dated 24 Jan 04, detailing train as a 95C Corrections Specialist and previous deployment to Kosovo asa prison guard._admitted to striking HABIBULLAH and implicated and_n striking HABIBULLAH on the nigh......._.... t the detainee died. itted he strut ILAWAR twice on the thigh with his Unnirknee wt during the detainee's stay in the Isolation Cell. _lso admitted he could not recall the details related to DILAWAR or HABIBULL _ecause he struck a number of detainees in the BCP with regularity and could not differentiate between events. IR of SA_NEMdated 26 Jan 04, detailing the interview of SFC and the collection of a Pressure Point Control Tactics handout, two training schedules for the 377 th MP Company (Jan 02), seven class rosters, and sixphotogaphs, as evidence. 168. Copy of Pressure Point Control Tactics training class handout. 169. Copy of Jan 02 377th MP Company Training Schedule, reflecting EPWtraining was conducted between 12-17 Jan 02. 170. Copy of sign in sheets for 377 th MP Company EPW training Jan 02. 171. PUC Questionnaire of.dated 26 Jan 04. 172. Copies of six photographs from Jan 02 377 th MP Company EPWTraining. 173. Copies of Mar 02 377th MP Company Training Schedule, reflecting additional EPW and handcuffing technique training. 174. Copy of Memorandum of CP_dated 22 Jan 02, changing the377th MP Company's drill schedule to focus on METL tasks for a projected GTMO deployment. of S_dated 26 Jan 04, detailing the interviews of SGT and SSG FOR OFFICIAL USE ONLY (FO UO)/ LAW ENFORCEMENT SENSITIVE (LES) Page 24 of 45 DODDOACID1 1807 0134-02-CID369-23533 176. Waiver Certificate and Sworn Statement of _dated 26 Jan 04, detailing PPCT training and admitted th _the restraints on detainees, he saw no reason for the use of knee strikes. _also detailed nutritional supplements for body building being used by members of the unit during the deployment. 177. Sworn Statement _WM, dated 26 Jan 04, detailing her duties and responsibilities as the Sergeant of the Guard (SOG) within the BCP and her position in accounting for detainee property. She also described the rules for use of force and reviews of conduct by SJA within the BCP during her tour there. ated 2_etailing theltraiii-ws of SGT SFC_SGTA ,FC SSG_d SPC d the receipt of a com act disc containing digital images of the 377 th MP CO in Afghanistan from SFC 179. PUC Questionnaire of _dated 27 Jan 04. 180. Sworn Statement of gillMlIllrated 27 Jan 04, detailing the training sessions scheduled for the 377 th MP Company prior to deployment, while at Fort Dix, NJ (awaiting movement) and information on inappropriate use of force he heard of or observed within the BCP. 181. PUC Questionnaire ofillIllrated 27 Jan 04. 182. Sworn Statement ofillillardated 27 Jan 04, detailing her duties and responsibilities as the 377 th MP Co Supply Sergeant, and participation in unit training which was digitally photographed and maintained on a CD-ROM. 183. Copy of Compact Disc obtained from SFC 184. Sworn Statement of dated 27 Jan 04, detailing his knowledge and observations regarding 377' MP Company training at drills prior to deploying and in preparation for deployment at Fort Dix, NJ. He also related activities of MPs at the BCP, until he•edeployed in Nov 02, due to family issues. 185. Sworn Statement and PUC Questionnaire ofilledated 27 Jan 04, detailing his deployment with the 377thMP Company as a mechanic and_he heard from within the unit about those MPs responsible for the two deaths. •_• elude mission made in The W on Wheel Bar, Quatar by suspect MPs in_admitting to common peroneal kneestrikes 186. AIR of SA_WIT 04, detpin the i t iews of SSG Mr._ and SPC FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 25 of 45 •/ R-C DODDOACID11808 0134-02-C11D369-23533 187. Waiver Certificate and Sworn Statement of _dated 28 Jan 04, detailing his actions to restrain DILAWAR in the airlock and the assistance rendered to him (CPR) at the time of his death. He denied delivering co _on e eal strikes, buta •tte_defendin•_uring the airlock struggle. bse nd unishing detainees by. making them "PT". admitted to restraining detainees to the ceiling of the Iso Cell with the detainees hands stretched out to the side. He also described the use of body building supplements within the unit and the administration of sleep deprivation at the direction of MI personnel. 188. PUC Questionnaire o_dated 28 Jan 04. 189. PUC Questionnaire of11111114ated 28 Jan 04. 190. Sworn Statement of11111111111ated 28 Jan 04, detailing his observations relevant to the attitude and conduct of 3 rd platoon, 377th MP Com an members related to detainees and their physical disci e of detainees. detailed an incident wherein he witnessed SG lam_= gainst a wall inan Iso Cell. He further detailed assaults by SP gains c e amees by propelling them down a flight of stairs blindfolded (goggled or hooded), resulting in facial iniu as present during a drill period (post deployment) when admitted he was responsible for the death of a detainee, by his use of common peroneal strikes. 191. AIR of SAlki ,ted 29 Jan 04 detailing the interviews of SPC.SPC_IIIIIIII__SPC_Mr._ SPC 1111.111 Mid SPC 192. Waiver Certificate and Sworn Statement of _dated 29 Jan 04, detailing his description of how the detainee he escorted downstairs became injured when the detaineepulled away from him and tripped. The than suffered a cut to the nose, * which_stated was treated by the medic, SPC _He admitted familiarity with the "blue ook" (BCP SOP). He denied striking any etainee, but admitted to using other PPCT techniques. 193. Sworn Statement of _dated 29 Jan 04, detailing his previous experience in guarding detainees (nine months in Kosovo with the 391 st MP Company). C. Mdescribed how members of 2nd and 3rd Platoon administered multiple commonperoneal strikes to detainees in Isolation, who _ecalled was a "top dog" and spit on him. He also stated this man was the last detainee to die (DILAWAR). He further described bruiabserved on the detainee's leg, while he wa _treated by amedic (NFl)._lso recounted admissions made by _ho said "I mayhave killed one of the detainees." 194. Sworn Statement o_, dated 29 Jan 04, detailing the implementation of sleep deprivation by handcuffingdetainees to the ceiling of the Isolation Cells at the dir ction of MI He also recounted admissions he heard from_bout the dea of a detainee. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 26 of 45 DODD0A661 18.6C 0134-02-CID369-23533 195. Sworn Statement of_dated 29 Jan 04, detailing his knowledge of the use of dietary supplements by 377 1 MP Company soldiers and his observations that everyone who toured the BCP knew of the use of sleep deprivation and standing restraint. 196. Waiver Certificate and Sworn Statement ofillillirdated 29 Jan 04, admitting he was uncertain HABIBULLAH spit on/at him and was still alive when he struck him with common peroneal strikes for spitting at him. He also added commentson the jokes within the 377 th MP Company (post deployment) about "death by knee", referring to the manner in which the two men were killed. 197. Polygraph Examination Report of SPCIMIllidated 29 Jan 04. (USACRC and file copy only). 198. AIR of SA ir.dated 30 Jan 04, detailing the interviews of PFC 1111111111WSPC_ a SPC IIIIIMIr 199. PUC Questionnaire of 111111.111 dated 30 Jan 04. 200. PUC Questionnaire ofillidated 30 Jan 04. 201. Waiver Certificate, Sworn_and Sketch of_dated 30Jan 04, detailing assaults committed by_ nd himself upon DILAWAR while hewas resisting standing restraint in Isolation. He admi_them struck the detainee (DILAWAR) with common peroneal strikes twice. _also admitted to lyingin earlier statements and described admissions made by _who recounted delivering knee blows to DILAWAR. 202. Polygraph Examination Report of SPC _dated 30 Jan 04. (USACRC and file copy only). 203. AIR of S _, dated 30_detailin the interviews of SPC imuirSPC .SPC_ SPC_nd SPCIIIIIIIF 204. PUC Questionnaire of_dated 30 Jan 04. 205. Sworn Statement_.30 Jan 04, detailing his knowledge of standing restraint for punishment of facility rules. He admitted no direct knowledge related to either of the deceased detainees, but described other behaviors by MPs, which disturbed him. 206. Non-Waiver Certificate of SPC dated 30 Jan 04. 207. Sworn Statement( _dated Jan AIM ated 30 J 04, detailing his observations relevant to activities within the BCP during his brief time there as a relief shift. He recounted ordering SPC om an Isolation Cell for yelling at a detainee. He FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 27 of 45 DOD156AaDq 810 0134-02-C1D369-23533 added most of the unit did not share things with him, because he is related to the unit 1SG. 208. PUC Questionnaire ofilliff dated 30 Jan 04. 209. Sworn Statement of_IIIIIIdated 30 Jan 04, detailing the use of kneeling, standing and "roman chair" positions and _ai• • for punishment. He also described theuse of sleep deprivation within the BCP. _felt felt the detainee's treatment was inhumane and cited racism, bias and use of steroids within members of the unit as a possible cause of the treatment. He also stated everyone (CIA, MI and MP leadership) knew the MPs were mistreating the detainees, but nothing changed until the deaths. 210. AIR of SANK dated 30 Jan 04, detailing the interview of SPC UMW 211. Non-Waiver and Sworn Statement of detailin his obse ati ns regarding abuse of detainees by nd ho administered multi le re et'• _n peroneal strikes toa menta ly handicapped detainee (` eft co_ due to an injury from being struck by a ve c e. e reco _issions by who reportedly "beat the crap out of a detainee". also admitted to using a common peroneal strike on a detainee in Iso ation for being loud and noisy. AIR of S_dated 31 Jan 04, detailin the interviews of PFC 1111111212.SSG_nd SPC SPC_ 213. PUC Questionnaire agar dated 31 Jan 04. 214. Sworn Statement of 1111E dated 31 Jan 04, detailing his observations and action within the BCP and training the 377th MP Company received in preparation for the mission. ,215. Waiver Certificate and Sworn Statement of _dated 31 Jan 04, detailing his understanding of the use of force guidelines and their functional employment. He recounted a struggle with HABIBUL _who was in standingrestraint in an Isolation Cell, he was present when_punched the detainee in theabdomen or hip. 216. Non-Waiver Certificate of _dated 31 Jan 04. 2_IR of SAlliplated 1 Feb 04, detailing the interview of SPC 218. PUC Questionnaire of_dated 1 Feb 04. 219. AIR of SA gundated 1 Feb 04, detailing the interview of 1SG FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 28 of 45 DODDO CIti 1 1 0134-02-CID369-23533 220. Sworn Statement of 1SGIVIrated 1 Feb 04, detailing her observations and actions during the 377 _Company tour in Afghanistan.stated CPT_red her to stay out of the prison B ._ e recount_ults witnessed by , which were committed by _ d the use of MP working dogs to frighten detainees and linking by soldiers of 3r Platoon during the deployment. 221. AIR of_dated 2 Feb 04, detailing the interviews of SPC and SPC 222. PUC Questionnaire of ...rated 2 Feb 04. 223. Sworn Statement of _dated 2 Feb 04, detailin_incident he witnessed in the general population area of the BC _herein_icked a detainee up by his throat and held him in the air, until SFC _yelled at him to stop. 224. Non-Waiver Certificate of IIIIIIIIIr dated 2 Feb 04. AIR of SA ted 2 Feb 04, detailing the interviews of Mr. nd Mr. 226. Sworn Statement of allirdated 2 Feb 04, detailing rumors and _ observations he recalled pertaining to the treatment of detainees by members of the 377 th MP Company. 227. Sworn Statement of _dated 2 Feb 04, detailing his observations and actions relevant to the care and treatment of detainees within the BCP in Afghanistan in Dec 02. 228. AIR of S_dated 3 Feb 04, detailing the interviews of SPC11111,SGT 111111111md 2L 229. Waiver Certificate, Sworn Statement and Sketch of _dated 3 Feb 04, admitting and describing the 30-37 common peroneal strikes e a mistered to DILAWAR while the man was chained standing an the Isolation Cell of the BCP. Pit 230. Sworn Statement o_11111.11 ated 3 Feb 04, detailing the actions of377th MEPs to effect sleep deprivation and other punishments at the direction o I Interrogators. He also described the use of steroids by _and 231. PUC Questionnaire o _3 Feb 04. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 29 of 45 C_ DODDO\R6f131 13/412 0134-02-C1D369-23533 . Polygraph Examination Report _111111dated 3 Feb 04, which details onfession to striking DILAWAR multiple times (USACRC and file copy only). 33. AIR of SAlladated 4 Feb 04, detailing the interview of Mr. 234. Waiver Certificate and Sworn Statement ofallidated 4 Feb 04, detailing his contact with _ LAH and ILAWAR, while performing duties as the Isolation Cell guard _observed trike DILAWAR and was present when DILAWAR was found hanging from his restraints in the Isolation Cell, the night he died. 235. Waiver Certificate ow.dated 31 Jan 04. of SA_dated 4 Feb 04, detailing the interview of 1LT 237. Sworn Statement of 1LT_ated 4 Feb 04, detailing the medical response to HABIBULLAH's death and an SJA Officer told him standing restraint was authorized to enforce discipline. 238. AIR of SA_dated 5 Feb 04, detailing the interviews of SFC 11111111tand SFC 239. Sworn Statement_dated 5 Feb 04, detailing his observations as a supervisor in the BCP. He noted the detainees were chained standingfor hours and the practice _known by all levels of MP leadership, including the.CJTF180 PM (MM_who toured the facility and observed men restrained in this manner. 240. Sworn Statement of_1 I I I I I It dated 5 Feb 04, detailing hisobservations as_ st toon Sergeant, 377th I.I • , during the Afghanistan deployment._ indicated he remove om the BCP for rough handling of PUCs and he recalled the medical personnel who responded to the first death telling him the man "had been dead awhile". He felt the deaths were due to na causes and stated he did not have any indications any of his soldiers (other than ad mistreated d ain .es. AIR of S dated 5 Feb_tailing the interviews of SGT and SG ated 5 Feb 04, detailing the fact he isoften mist_ possibly resulting in someone _ulted a detainee._rued committing any assaults and add_e _honed his house several times attempting to determine what he _told CID during his FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 30 of 45 DODDID:131FT3 0134-02-CID369-23533 interviewtso described the pills being taken by aIMMIIIIrmd othersfrom 3"I platoon to enhance their body building efforts. 243. PUC Questionnaire oflillidated 5 Feb 04. 244. PUC Questionnaire ofailliated 5 Feb 04. 245. AIR of SAIMItated 6 Feb 04, detailing the interview of SFC MON 246. Sworn Statement and Sketch ofNada ted 5 Feb 04, detailing his knowledge of operations within the BCP, as he ran the Tactical Operations Center for the BCP and recorded detainee logs in the computer. WO so provided a detailed description of the computer and indicated its location within the facility on a sketch. 247. AIR of S_dated 6 Feb 04, detailing the interviews of SSG 1111101and SPC 248. Sworn Statement ofdated 6 Feb 04, detaili his_ edge of operations within the BCP during the Afghanistan deployment. ted his platoon had limited contact with the detainees as they were working the Entry Control Points during the timeframe of the deaths. 249. PUC Questionnaire ofiliNg dated 6 Feb 04. 250_of SAMMOrlated 7 Feb 04, detailing the interview of SFC 251. Sworn St , dated 7 Feb 04, detailing her observationsof an incident in whit ee by his arms or clothes, off his feet forseveral minutes, screaming at him. as much larger than the detainee, whose feet dangled during the incident. of SAM. dated 7 Feb 04, detailing the interview of 1LT 253. PUC Questionnaire of 1L1 _7 Feb 04. 254. AIR of Sdated 7 Feb 04, detailing the, interview of 1LT 255. Waiver Certificate and Sworn Statement o _dated 7 Feb 04, detailing his observations as t_rd_on Leader, 377 MP Comp_he deployment to Afghanistan._etailed questioning by CP _f all aders and Platoon Sergeants about "illegal PUC beatings" after the first death. th in led out members of 3rd Platoon to question further about abuse ofdetainees_dirtexplained an incident, which occurred on a repatriation mission. A FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 31 of 45 DODD011&il 13f4C- ti 0134-02-CID369-23533 detainee became frightened b3:while approaching a hot rinithambering a round ilia landing zone and efecated on himself, apparently interpreting _:act as a hostile intent._ djusted practices after that incident to ensuredetainees were not able to observe MPs chamber rounds during approaches to LZ(s). He denied he abusing detainees and indicated he had no knowledge other members of his platoon abuseddetainees. 256. AIR of S_dated 13 Feb 04, detailing coordination with 428 th th MP Com any for the MP Company to locate four soldiers cross leveled to the 377 Af_'_deplo ents d interviews of those soldier PC GT SPC_SPC_d PFC 257. PUC Questionnaire of ated 13 Feb 04. 258. Sworn Statement of 1111, dated 13 Feb 04, detailing his observationsas a member_A L' . I. unit cross leveled to the 377 th MP Co for the Afghanistandeployment._observed an unidentified white, mal-._ 14 '.common peroneal strikes to a detainee in Isolation who refused to stand, _ elt the blows were unjustified because the man was resistant to direction, bu was not combative or threatening to the MPs. He could not recall which MP he observed doing this, nor which detainee was assaulted. 259. Sworn Statement of_dated 13 Feb 04, detailing his observations as a member of a USAR MP unit cross leve ed to the 377t h MP Co for the Afghanistan deployment. He recalled MPs deliverin_on peroneal strikes to detainees during within the facility and_described an assault on an MP (SPC 'early in the deployment, but had no specific recall of events related to DILAWAR or HABIBULLAH. 260. PUC Questionnaire ofillarted 13 Feb 04. 261. PUC Questionnaire ollinr, dated 13 Feb 04. r AIR of Sillillrated 24 Feb 04, detailing the interview of SSG 263. Sworn Statement of_, dated 19 Feb 04, detailing how he wasdisturbed by other interrogators in the 519 th MI Bn's tactics for interrogations. arfr4. AIR of SAIIIIIIrdated 29 Feb 04, detailing the interview of MAJ 265. Sworn Statement of .dated 29 Feb 04, detailing his knowledge of medical treatment and documentation of that treatment of detainees from the BCP, as the Patient Administration Director, in charge of record keeping at 48 th Combat SupportHospital. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 32 of 45 (0 DODD.bi4C[Dli-‘-1-5 0134-02-C1D369-23533 AIR of SAMSA., dated 1 Mar 04, detailing the interview of CPT.formerly Cdr, 377 MP Company (USAR), until one month prior to the unit's Afghanistan deployment. 267. Sworn Statement of CPT.dated 1 Mar 04, detailing her observations as the 377 th MP Company Commander, for the two years prior to the Afghanistan deployment. She detailed the unit's previous deployments training and experience and preparation for anticipated deployment to GTMO. .had no direct knowledge related to the deaths as she did not deploy with t e unit, command of the company was assumed by .n May 2002. 268. IR of SAA,dated 2 Mar 04, detailing the interview of MAJ.formerly Cdr, 211 th MP Company, who preceded the 377th MP Company in operating the BCP. 269. Sworn Statement of MAJ.dated 2 Mar 04, detailing his observation the Afghans were among the most compli est o le he ever handled. He admitted he wrote the BCP SOP and sent it to CP He indicated detainees were punished by being made to stand, but never affixedtny object. He stated only one detainee was ever injured during his tenure and it occurred during a well documented escape attempt. The detainee recovered fully from the broken nose he got during the recapture. AIR of SA.dated 2 Mar 04, detailing the interview of SPC CP/MP Medic and the collection as evidence of a Memorandum prepared b_in which he detailed allegations by three detainees they were injured by American forces at Khandahar. 271. Sworn Statement °AIM'dated 2 Mar 04 detailing his knowledge and involvement with the detainees as the BCP Medic. .ad no specific recall of either man who later died. 272. Copy of Memorandum For Record, dated 14 Sep 02, written bill... in which he detailed allegations by three detainees they were injured by American forces at Kha ahar, and attendant Security Classification Memorandum, authored b dated 1.lassifying the document FOUO, despite "Secret" markings p aced on it by 2 3. AIR of SA .6 Mar 04, detailing subject interview of CPT 274. Waiver Certificate o.t 1054/6 Mar 04. 101111P 275. Waiver Certificate of¦Mat 1130/6 Mar 04 and Sworn Statement of dmitting he knew 377 th MN struck restrained detainees and that he probably talked to is men about it because of complaint she heard and suspicions the use of force FOR OFFICIAL USE ONLY (FOUO)/LAW ENFORCEMENT SENSITIVE (LES) Page 33 of 45 DODD OAC I D 1 1 81 6 0134-02-CID369-23533 was illegal._IMOalso discussed a special relationship he had with two detainees, which he fostered without direction from anyone. 276. Polygraph Examination Report of dated 6 Mar 04 (USACRC and file copy only) 7 AIR of SAM dated 6 Mar 04, detailing there-interview of d his i ntification of the photographs o d_as described in previous a previous interview assaulting 278. Sworn Statement and Photographic Identification Sheets ollair dated 6 Mar 04, detailing assaults upon detainees he witnessed by MI Interrogators. 171191.; AIR of SAM, dated 7 Mar 04, detailing interviews AIM 4. 280. PUC Questionnaire offing dated 7 Mar 04. 281. Non-Waiver Certificate ofalle dated 7 Mar 04. 282. Non-Waiver Certificate ofillirdated 7 Mar 04. 2 . AIR of Sedated 22 Mar 04, detailing the interview of SGT 284. Waiver Certificate and Sworn Statement of _22 Mar 14, detailing his participation in the airlock struggle with DILAWAR. _as on top of the airlock waiting to other MPs to get DILAWAR's hands close enough to cuff. e He assisted in moving him to the Isolation Cell, cuffed to a stretcher. stimated DILAWAR was restrained standing for 50-60 hours straight at the BCP. /. 285. AIR of AMP, dated 24 Mar 04, detailing his interview ofallite detailed his observations on the night of HABIBULLAH's death verbally, but refused to reduce his statement to writing. dated 25 Mar 04, detailing re-interviews of CPT d SP wilikAIR Cirill of S_ 287. Waiver Certificate and Sworn Statement of li._dated 25 Mar 04, detailing the routine use (and general knowledge among ea ers phip) of standing restraint and sleep deprivation at the BCP. 288. Copy of_ randum for Record, Summary of Counseling regarding 1SG 01111ssued b_dated 6 Mar 03. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 34 of 45 -9--C- DODD0126rD11817 0134-02-CM369-23533 289 Waive k Certificate and Sworn Statement oMI ated 25 Mar 04, denying witnessing...deliver common peroneal strikes. gue0. AIR of SA; dated 30 Mar 04, detailing a re-interview of SPC 1111/ egarding informatiollilltrovided on 29 Jan 04, without benefit of rightsadvisal. 291. Waiver Certificate and Sworn Statement ofiliallidated 30 Mar 04, detailing his ol ,Eavations. the mist tment of d- ainees inside the BCP..escribed. and himself (among others) striking DILAWAR repeatedly with common peroneal stri es because they were amused by his cries to Allah for help. 292. AIR of. dated 31 Mar 04, detailing attempts to contact and re-interview.who refused to cooperate further and was no longer in the USAR. 93. AIR of SAIIIIIIIPated 6 Apr, detailing the re-interview of 294. Waiver Certificate and Sworn State.MIMIdated 6 Apr 04,in which he describes a warning from SF . between the death of HABIBULLAH and that of DILAWAR. . tated it "came down from command" hands on punishment was to be avoided and verbal correction used instead.. 295.of S.dated 8 Apr 04 deta in interviews of SSG , MAJ.and 1 LT. as the 211 th MPCompany. NG COIL or the BCP, prior to the unit being re ieve by the 377 th MP Company..was the CJTF 80 Provost Marshal until Nov 02 and supervised MP Operations in the BCP. .as part of an escort element, which transported d' e from Khandahar to Bagram, but was not involved i escorting DILAWAR. dicated he believed another MP (SFC .was the escort for law ILAWAR. 296. Sworn Statement of111111111111.4 , dated 31 Mar 04, describing the operation of the BCP under the tenure o the 211 MP Company and his impressions of the Relief in Place (RIP) they conducted with the 377 th MP Company in Sep 02. 297. Sworn Statement ofillillidated 7 Apr 04 detailing his responsibilities as CJTF180 Provost Marshal and his impressions of CPT.Cdr, 377th MP Company's poor job knowledge, lack of leadership and poor per ormance. 2 8. IR of SA , dated 9 Apr 04, detailing the interview of CPT SAMPS Instructor, who trained the 211 th MP Company on commonperoneal s ' es. FOR OFFICIAL USE ONLY (FOUO)/ LAW ENFORCEMENT SENSITIVE (LES) Page 35 of 45 DOD DUAL;101 181 8 0134-02-C1D369-23533 299. Sworn Statement o _, dated 9 Apr 04, describing Non-LethalCapabilities Set (NLCS) he provided as the 3 r Army and Combined Forces Land Component Command (CFLCC) Provost Marshal representative and limitations placed on the use of NLCS techniques. They were to be used for controlling escape attemptsand self-defense only. 300. AIR of SA_dated 17 Apr 04, detailing the interview of who was the USAF Liaison for movement of detainees to GTMO. 301. Sworn Statement ofillelated 17 Apr 04, detailing his observations of and interactions with the 211 th MP Company (NCNG the 377 th MP Company (USAR) the 2 3rd MP Company, Fort Stewart, GA._land carried information to CPT hich was sent to assist in preparing the unit to assume control of the BCP from the 2 l th. 30 AIR of S_d 27 Apr 04, detailing interviews of CPT111111. SPC_and SP_who responded to the BCP when DILAWAR died and transported him to the hospital. 303. Sworn atement of_dated 23 Apr 04, describing the ambulance run with SPC Lo the BCP on 10 Dec 02. He documented his actions and observations on the night DILAWAR died. 304. Sworn Statement of SPCdated 25 A r 04 escribing his observations and actions on the ambulance nm with CPT _o the BCP on 10 Dec 02, the night DILAWAR died. 305. AIR of SA_dated 30 Apr 04, deta•li_rbal interviews of USAF Ravens Trainers:_SAF), CMSGT_SAF), MSGT (USAF) and LT_SAF). The Ravens Team was designed to instruct so di rsand airmen on the correc restraint techniques and safe -aircraft movement of detainees. 306. USAF Operation Fundamental Justice Training Bullets, dated 3 Jan — 26 Aug 02; Ravens Training Tables 1 and 2 and Pressure Point Control Tactics Outline. 298. USAF Ravens Training Database, listing 78 me of the 377th MP Com s an who attended trainin • PFC SPC SPC SPC FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 36 of 45 DODDORaD118ig ) 0134-02-C1D369-23533 308. AIR of SA date_04, detailing interviews ofCJTF ership and onnel: COL_15-6 Officer._J CJ2X. eputy Cdr Bagram Air Base; LT _Deputy ICRC Liaison/BCP Legal Advisor; COL _J2 and Bagram Air Base Commander. 309. Sworn Statement and Sketches of , dated 24 May 04,detailing his observations and actions as the CJ2X s sor of counter and human intelligence, at Bagram from May-Nov 02. stated "day to day" operationsof MI personnel were supervised by CPT 310. Sworn Statement and Sketche of LICIIIIIrdated 24 May 04, detailing his observations relative to the BCP. _supervised maintenance and construction projects in the BCP, but he had very limited contact with or knowledge of soldiers or detainees inside the BCP. 311. Sworn Statement and Sketches of LTC11111111, dated 25 May 04, detailing his contribution to the formulation of the AR 15-6 Report and responsibilities related to advising the CID criminal investigation of both deaths. 312. Waiver Certificate and Sworn Statement of MAJIIIMPlated 26 May 04, detailing his responsibilities as the International Committee of the Red Cross (ICRC) Liaison for the BCP. He described his review of CID investigations in that capacity and detailed decisions by the SJA (CO _on the applicability of AR 190-8 inside the. BCP. He also detailed research conducte on and discussions of areas disputed by the ICRC, related to the use of handcuffs, punishments and sleep deprivation. 313. Sworn Statement of COL .dated 27 May 04, detailing his responsibilities and knowledge as Bagram Air Base Commander, related to the operation of the BCP. mai AIR of SA dated 9 Jun 04, detailin the interviews of MSGT (USAF), SSGT_SAF), MSG_(USAF), CMSGTSAF), SSGT_USAF), MSGT_AF), and MSGT Si -j F) related to Ravens training and instmction given to the 377 th MP Compal!!! Dix, NJ. 315. AIR f SA_S_, dated 11 Jun 04, detailing the interview ofMAIIIIIIMA_and CO alag SUMP FOR OFFICIAL USE ONLY (FOLIO)/LAW ENFORCEMENT SENSITIVE (LES) Page 37 of 45 DODDO\*IDI- S1 20 0134-02-C1D369-23533 316. Waiver Certificate and Unsigned/Unsworn Statement of MAJ _11111 dated 8 Jun 04 describi his duties and responsibilities as the ICRC Liaison officer precedingMAJ._and advice he gave to MP personnel assigned there. 317. Sworn Statement of MAJ _dated 10 Jun 04, describing his duties and responsibilities as the Bagram Provost Marshal and the Duty, Law and Order (DLO) portion of the 377 th MP Company mission. 318. Sworn Statement of C OM.M, dated 1 Jun 04, describin duties and responsibilities as the CJTF180 J2. _indicated CPT_ was well aware her team was prohibited from any p ysica contact with detainees. e also indicated he directed the initiation of a Procedure 15 (an internal MI inquiry required by regulation at the intimation of MI professional misconduct), although he was not certain his direction was followed. ingilliAIR of SA_ated 10 Jun 04, detailing the interview of SFC formerly of the 21 MP Company, who escorted DILAWAR from WncITallimilliW har to Bagram in Dec 02. 320. Sworn Statement of SFC_dated 7 Jun 04, describing his recollection related to his escort mission on DILAWAR and observations related to cross training with 377th MP Company personnel who roughed up an unidentified detainee. 1._of SAIIISA1111111, dated 18 Jun 04, detailing the interview ofCOL_TJF180 SJA who provided guidance to subordinate elements about the conduct of operations within Afghanistan. 322. Unsigned/Unsworn State_Hand Drawn Organizational Chart andMonandock Baton Chart of CO_dated 18 Jun 04 describing his recollection of decisions and legal opinions during his tour as the CJTF180 SJA in Afghanistan. 323. of S_ated_Jun 04, detailin t e re-interviews of SP IN 324. Waiver Certificate and Sworn Statement of SPAM. dated 16 Jun IIIIIIIIII 1LT_SSG_nd SFC . 04, confessing to repeated blows WAR and d cribin his bservation related to assaults on DILAW_ and_ also described efforts by SF_to curb the behavior o his soldiers re ated to the corporal punishment of detainees. 325. Non-Waiver Certificate of 1LTMill dated 16 Jun 04. 326. Sworn Statement of SSG _MO_6 Jun scribing his recollection of a repatriation mission (described earlier by SFC_in which there was a difference of opinion on the handling of detainees between the 21 st MP Company and the FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 38 of 45 lab I,-C DODDOACID11 1821 0134-02-CID369-23533 377th MP Company. Walliindicated no detainees were injured or assaulted duringthe mission. 7 AIR of_dated 17 Jun 04, detailing the re-interview of SFC 328. Waiver Certificate and Sworn Statement of­ -dated 17 Jun 04, denying he was aware members of his platoon were physically abusing detainees. 329. AIR of SAIMIlidated 18 Jun 04, detailing the re-interview of SPC 111111111111 330. Waiver Certificate and Sworn Statement of describing a conversation he witnessed in Quatar in which admitted to striking DILAWAR and hearing the detainee cry "Allah, Allah, Allah". 331. AIR of SAIONSAIMMIdated 28 Jun 04, detailing interviews with six detainees at Guantanamo Bay Naval Base (GTMO) who were held at the BCP during the time of both deaths. Two of the men witnessed DILAWAR being beaten by 377th MPs in the airlock of a general population cell. The men were able to select the MN involved in the beating from photographs of 377 th MP Company personnel. 332. Photo Arrays (Number "A" through "N"). of SAIIIISAllita, dated 15 Jul 04, detailing the interview ofPC_SJA Coo ination with and collection of Grant of Immunity for om LTG_dr, XVIII Abn Corps. 334. Sworn Statement and Sketches of _dated 13 Jul 04, describingthe use, pervasiveness and intent of safety positions and sleep deprivation by MI Interrogators at the BCP. 335. Memorandum for Rec_title "Grant of _and Order to Testify", pertaining to SGT_ (AKA:_ dated 15 Jul 04. 336. AIR of SAM/ dated Jul 04, detailinf_-up interviews withmembers of USAF Ravens (MSGT_d GYSGT_SM . ch concentrated on proper security of detainees for aircraft movement. dmitted distraction techniques, such as the common peroneal strikes were used in training, but they were to be employed to gain control over a combative detainee in flight. 33_ ated 25 Jul 04, detailing the interviews of SSG'S".and SSG_who trained the A Co, 519 th MI Bn Interrogators who assaultedboth of the detainees who later died at the BCP. 338. Non-Waiver Certificate of _dated 22 Jul 04. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 39 of 45 53 DODDOACID11822 0134-02-C1D369-23533 339. Non-Waiver Certificate oiling dated 25 Jul 04. 40._of SA_dated 27 Jul 04, detailing his verbal re-in rviews ofSPC_d SSG_which explored the photographs ofin a straight jacket inside the BCP (as ocumented on Exhibit 181 and in Exhibit 176). Both soldiers reported the incident was a "joke" and stated no detainees were ever restrained in the manner depicted in the photographs. 341. AIR of SA_dated 28 Jul 04, detailing his coordination with Patient Administration Division (PAD) personnel, Brooke Army Medical Center (BAMC), Fort Sam Houston, TX (FSHTX) who were the assigned custodians of recordsfrom the 48 th Combat Support Hospital (CSH . Bot ABIBULLAH and DILAWARwere pronounced dead at the 48 th CSH. SA _orwarded requests for medical information to obtain any and all records on either man. 342. DA Forms 4254-R, Request for Private Medical Information on HABIBULLAH and DILAWAR, dated 28 Jul 04. 343. AIR _•_dated Aug 04, detailing the interview of SGTAKA SPC ursuant to her Grant of Immunity and Order to Testify, fi-om LTG tatement, Sketch and Grant of Immunity/Order to Testify of ted 31 Jul/1 Aug 04. AIR of SAMS dated 2 Aug 04, detailing the interview of CPT er Commander, Alpha Company, 519th MI Bn, Fort Bragg, NC during the period of their deployment to Afghanistan. 346. Sworn Statement ofdated 2 Aug 04, detailing his duties and MIP responsibilities related toee o ations of MI missions within the BCP and supervisoryresponsibilities over CPT_. He described operational guidance and supervision for the MI element in the BCP came from CJTF180 J2 Section and the company handled routine soldier matters of admin, leave, pay, etc. 347. AIR of SAM dated 3 Aug 04, detailing the interview of MAJ IIIIIIIIIIJTF180 Provost Marshal at the time of both deaths. 348. Sworn Statement of_dated 3 Aug 04, detailing his directions toCPT_o discontinue enforcement of sleep deprivation for I missions and to discontinue any form of chaining detainees to fixed objects. _ound throughspot checks, 377th MP ill chaining detainees and con onted BERING aboutthe practice, to whic responded not every one of his _ihad gotten the message. Mated he again stressed the issue with and followed up FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 40 of 45 \o. L3--c DODDOACID11823 0134-02-CID369-23533 the direction with an e-mail addressed also to the 377 th MP Company Operations Cell (run by SFC 349. AIR of SA NM dated 23 Aug 04, detailing receipt of medical records of HABIBULLAH and DILAWAR from USA MEDCOM. 350. Certified copies of medical records of HABIBULLAH. 351. Certified copies of medical records of DILAWAR. 352_of SA_fated 23 Aug 04, detailing interview of SSG and the construct of a composite sketch of 353. Sworn Statement of , dated 23 Aug 04. 354. Composite Sketch of _,y SSG...1W 355. A_f_dated 31 Aug 04, detailing operational decision not to re- interview LTC_or the discrepancies in his statements, as they did not impact the circumstances of either death. 01111101011111.' dated 17 Sep 04, detailing interview of SFC and her observations and actions related to detainees being held in restraints within the holding cells and chained to the door of an isolation cell. 357. Sworn Statement of11111111111111111Pdated 17 Sep 04. 358. AIR of SA_dated 4 Oct 04, detailing request and subsequent interview of LTC_related to his knowledge of operations within the BCP and the deaths of the two detainees. st For Assistance (RFA), dated 24 Sep 04, requesting the interview of LTC , by the Darmstadt Resident Agency, USACIDC. (USACRC and filecopy only) AIR of SA_ted 28 sep 04, detailing the interview of LTC d his knowledge of operations within the BCP and the deaths of the twodetainees. 361. Sworn Statement of LTC _27 Sep 04. 362. AIR of SA, dated 29 Sep 04, detailing RFA to the Bagram Branch Office, USACIDC to locate and examine the classifiariter system utilized by the 377th MP Company and the receipt of the AIR of SA _documentingsubsequent investigative activity. FOR OFFICIAL USE ONLY (FOUO)/ LAW ENFORCEMENT SENSITIVE (LES) Page 41 of 45 5$ \e,c, DODDOAC1611824 0134-02-C1D369-23533 363. RFA dated 25 Aug 04, requesting to locate and conduct a forensic examination of the classified computers assigned to the 377 th MP Company while they operated the BCP. Addition_to locate and examine the classified e-mail accounts of the CJTF-180 PMO (MM_and the Commander, 377 th MP Company (CPT OM, by the Bagram Branch Office, USACIDC. (USACRC and file copy only) 364. AIR of_SA_P, dated 3 Sep 04, detailing investigative activity related to attempts to locate and examine the classified computers issued to the 377 th MP Company while operating the BCP as well as the classified e-mail accounts of the CJTF­180 PMO and Commander, 377th MP Company. The classified computers were no longer in use at the BCP. Due to poor record keeping, the exact location of t computers could not be established. The classified e-mail accounts for M and CP_ad been removed from the Bagram classified server and no recordsremained. 365. Copy of hand receipt, dated 1 Aug 03, detailing computer equipment issuedto the 327th MP Company, Bagram, Afghanistan. A_etailing telephonic interviews of CP _and 1111111111d •_ Mar 1SG_related to their deployment as members of the CJTF-180 PMO and their duties and observations of BCP operations. 367. CD ROM containing Crime Scene Photographs, Autopsy Photographs, Crime Scene Re-enactment Photographs, in a variety of subfolders. 368. (368.1 thru 368.8) Evidence Custody/Property Document (ECD) Voucher #s: 0063-02; 0067-02; 0049-03; 0088-03; 0002-04; 0001-04; 0003-04; and 0004-04. (USACRC and file copy only) NOT ATTACHED: Retained in the Evidence Repository of CID's Washington Metro Fraud Office: 369. One snuff case, (Item #1, Voucher #0063-02). 370. One bottle of liquid, (Item #2 Voucher #0063-02). 371. One foil packet of pills, (Item #3, Voucher #0063-02). 372. One bottle of liquid with stopper, (Item #4, Voucher #0063-02). 373. Fingernail scrapings of HABIBULLAH, (Item #1, Voucher #0067-02). 374. Cut beard hairs of HABIBULLAH; (Item #2, Voucher #0067-02). 375. Pulled pubic hairs of HABIBULLAH, (Item #3, Voucher #0067-02). 376. Cut pubic hairs of HABIBULLAH, (Item #4, Voucher #0067-02). 377. Rectal swabs of HABIBULLAH, (Item #5, Voucher #0067-02). 378. Oral swabs of HABIBULLAH, (Item #6, Voucher #0067-02). 379. Tape residue from ear of HABIBULLAH, (Item #7, Voucher #0067-02). 380. One tube of blood from HABIBULLAH (Item #1, Voucher #0049-03). 381. Three pieces of paper, AAR o _(Item #1, Voucher #0088-03). FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 42 of 45 bc, DODDOACIO 1825 ) 0134-02-CID369-23533 382. Three pieces of paper, PTSR of _#2, Voucher #0088-03). 383. Four sheets of paper containing Jan 02 377 th Training Schedule (Item #1,Voucher #0002-04). 384. Seven sheets of paper, Class Rosters for 377 th MP Company Jan 02 Training(Item #2, Voucher #0002-04). 385. Nine sheets-of paper, PPCT Training Outline from 377 th MP Company Jan02 Training (Item #3, Voucher #0002-04). 386. Six photographs, from Jan 02 377 th MP Company EPW Training (Item #1,Voucher #0001-04). 387. Five sheets of paper, Mar 02 377th MP Company Training Schedule (Item#1, Voucher #0003-04). 388. One sheet of paper, CPT _Memo requesting change to 377 th MP Company Drill Schedule (Item #2, Voucher #0003-04 . 389. One sheet of paper, Memorandum for Record of _Item #1, Voucher #0004-04). Retained in Class V Classified Container, US Army Crime Records Center: 390. AR 15-6 Report of COL, 23 Jan 03 (title unclassified, but contents classified). 391. BCP Standard Operating Procedure, undated and unsigned (title unclassified, but contents classified). The originals of exhibits 1, 3 thru 8 were attached to the USACRC copy of this report. Originals of exhibits 14 thru 47, 49, 50, 51, 55 thru 60, 64, 65, 67, 68, 69, 72 thru 96, 98 thru 167, 171, 175 thru 271, 273 thru 287, 289 thru 348, 352 thru 364, and 366 thru 368 were forwarded with the USACRC copy of CID ROI 0137-02-C1D369-23534, while copies of these documents were attached to the USACRC copy of this report. The originals of exhibits 9, 70, 71, 168 thru 170, 172 thru. 174, 272 and 368 are retained in the Evidence Repository, Washington Metro Fraud Office, 6010 Sixth Street, Fort Belvoir, VA 22060. The originals of Exhibits 11, 12 and 48 are maintained in the files of the Armed Forces Institute of Pathology (AFIP), 1413 Research Boulevard, Suite 102, Rockville, MD 20850. The location of the original of Exhibit 13 is not known. The originals of Exhibits 52 thru 54, 288 are maintained within the files of the 377 th MP Company (USAR), 1600 Seymour Avenue, Cincinnati, OH. The originals of Exhibits 2, 10, 350 and 351 are maintained within the files of the 48 th Combat Support Hospital, Fort Sam Houston, TX. The originals of Exhibits 61-63 are maintained within the files of Combined Joint Task Force 180 Ba _r Field, Afghanistan, APO AE 09354(attached to the AR-15 of COL _. The original of Exhibit 66 is maintained within the files of the US Army Crime Lab, Fort Gillem _he originals of Exhibit 97are maintained within the personal property of MAJ _. The original of Exhibit 365 was retained within the files of the Installation Property Book Office, Bagram, Afghanistan. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 43 of 45 .5 3 DODDCiACJI91426 0134-02-C1D369-23533 STATUS: This is a "Final (C)" report. This investigation was terminated IAW CLDR 195-1, Paragraph 4-17(a)4, in that the supported staff judge advocate is of the opinion sufficient admissible evidence is available to prosecute the subject(s) for the listed offense(s) if deemed appropriate, that additional investigation would produce only cumulative evidence, and the identification of additional subjects or offenses is unlikely. Additional leads, such as re-interviews of personnel connected to this investigation, that may be undertaken at the request of the supported staff judge advocate will be completed and documented in supplemental reports. Additiona ws or re-interviews of MI Interro ators who have left military service et al.) were not conducted at the request of SJA, ecause those individuals cou d be charged under United States Code and any Army interview must should first cleared with the US Attorney's Office haling jurisdiction over those (now civilian) personnel SJA will pursue that avenue as appropriate. ction T_DA Form 4833) against n_pending from the Cdr, 519 th MI Battalion, Fort Bragg, NC. Commander's Report of Disciplinary Action Taken (DA Form 4833) against.", is pending from the Commander, 304 th MI Battalion, Fort Huachuca, AZ. Assistant US Attorney's Report of Disciplinary Action Taken (DA Form 4833) against pending. er's Re Action Taken DA orm 4833 (USAR), Inkster, MI. is pen mg om the Cdr, 300 MP Brigade REP PARED BY: REPORT APPROVED BY: pecial Agent, CW5, Chief, Investigative Ops DISTRIBUTION: 1. Director, US Army Crime Records Center, ATTN: CICR-CR, 6010 Sixth Street, Fort Belvoir, VA 22060 (original). FOR OFFICIAL USE ONLY (FOUO)/ LAW ENFORCEMENT SENSITIVE (LES) Page 44 of 45 DOD ItriAQII:1(CF82?C. 0134-02-CID369-23533 1. Commander, USACIDC, ATTN: Investigative Operations Division, 6010 Sixth Street, Fort Belvoir, VA 22060. 1. Commander, 3 d Military Police Group (CID), Fort Gillem, GA 30050 (less exhibits). 1. Office of the Staff Judge Advocate, US Army Forces Command (FORSCOM),ATTN: MAJ 777 Hardee Avenue SW, Fort McPherson, GA 30330 1. Office of the l e Advocate, US Army Reserve Command (USARC), ATTN:ARRC-JA (LT , 1401 Deshler Street SW, Fort McPherson, GA 30330 (less Aria exhibits) 1. Commander, 300th MP Brigade (USAR), 3100 South Beech-Daly Drive, Inkster, MI 48141 1. Commander, 111 MI Brigade, Fort Huachuca, AZ 85613 1. Commander, 525 th MI Brigade, Fort Bragg, NC 28310. 1. Provost al Office, US Army Reserve Command (USARC), ATTN: AFRC-OPM , 1401 Deshler Street SW, Fort McPherson, GA 30330 (less exhibits) 1. File. FOR OFFICIAL USE ONLY (FOU0)/ LAW ENFORCEMENT SENSITIVE (LES) Page 45 of 45 DODD8X81101 -f8 8 ROI NUMBER AGENT'S INVESTIGATION REPORT 0134-02-CID369-23533 CID Regulation 195-1 Page 1 of 7 Pages DETAILS NOTE: Are times are in Zulu (Z). Local time is 4-1/2 hours more than Z. BASIS FOR INVESTIGATION: About 2150Z, 3 Dec 02, CW31111111110111, Special Agent in Charge, Criminal Investigation Task Force (CITF), Bagram Air Field, Afghanistan, APO AE 09354 AF), notified this office of the death of a detainee being held at the Bagram Collection Point (BCP), BAF. CW3 did not know the details surrounding the incident, however, he had been informed by the BCP of the death. About 2220Z, 3 Dec 04, S_oordinated with SA_, CITF, BAF, who stated he had responded to the American Hospital, BAF, as e was i_y the BCP that a etainee was found unresponsive at the BCP and had been transported to the hospita_was requested to expose photographs of the detainee for docupurposes. Upon his arrival, SA_as informed the detainee had died due to possible kidney failure. SA stated the detainee was listed with a Bagr _ (BT) number 412, as he had arrived on 30 Nov 02 an ad not been assigned a permanent number yet. SA _lso related BT-412 (later id _- a . kJ el • bib ULLAH about 30 years old, unknown residence, Tarin Khowt, A g_s a friend of Mr. who was interested in the well-being of BT-412. SA _stated -_d been hel '11W411111111218 Cell), where Military Police (MP) discovered him as non-responsive. S _ elated 1LT Platoon Leader, 377 th MP Co, BAF, was currently at the hospital and could provi e more details on this incident. immiik iiimisur About 2315Z, 3 Dec 02, SA _nd S_ his office, traveled to the American Hospital,BAF, to conduct interviews and an examination o t e remains. About 2325Z, 3 Dec 02, SA interviewed 1 is .latoon was on shift from 1500-0300Z, 3 Dec 02, and that he w C COIC, Night Shift, 377 th MPCo, BAF, of the incident. 1LT stated BT-412 was already on a stretc er and in the front holding cell when he first saw him. He also T-412 was a possible known Ta aeda and was bound forGuantanamo Bay, Cuba. was briefed by SFC hat BT-412 was found th unresponsive by SPC o, BAF, in an ISO Cell about 1930Z, 3 Dec 02,while being fe 377th MP Co, BAF, and the Sergeant of the Guard(SOG), SSG 77 MP Co, BAF, were also present during the incident. About 2330Z, 3 Dec 02, SA_conducted an examination of Mr. ULLAH's remains. He was male, about 30 years of age; about 66" tall; 1751bs; brown eyes; and although initially annotated on the BCP inprocessing, sheet as having black hair, Mr. ULLAH had a shaved head. There was an unknown pattern on his left earlobe, which extended to just under his ear; and had two apparent birthmarks on his upper chest near the sternum. There was a contusion on the outer part of the left thigh, which was approximately 5mm long and 3mm wide; one on the upper left arm just below the elbow, which was approximately 4mm long; and two near the left elbow, which were approximately 1/2 mm in circumference. There were abrasions on both of the wrists, which wrapped around each; and an abrasion, which was approximately 1 Omm long near the lower left chest area. There were three medical monitor lead pads on the left nipple; left abdomen; and right lower skin was cold to the touch; rigor mortis was apparent; and both eyes appeared to be dry and glassed over. SA tained fingerprints and exposed photographs utilizing a Nikon digital camera. (see photos for details) TYPEDA ENT'S NAME AND SEQUENCE NUMBER ORGANIZATION SA 87th Military Police Detachment (CID)(FWD) Bagram Air Field, Afghanistan, APO AE 09354 ir_..401 SIGNATURE DATE EXHIBIT 11 Dec 02 4_ R OFFICIAL USE ONLY 1 FEB 77 D o wi-429 ROI NUMBER 0134 02 cm369 23533 AGENT'S INVESTIGATION REPORT CID Regulation 195-1 Page 2 of 7 Pages DETAILS bout 2340Z, 3 Dec 02, SIM interviewed CPT _ , Charge Nurse, 339th Combat Support Hospital (CSH), BAF, who stated he was dispatched to the BCP and arrived there around 2000Z, 3 Dec 02. He xamined BT-412 and noted there were no signs of life (no heart beat, no respiration, pupils fixed and dilated, and rigo - ortis was beginning to set in), therefore no life saving measures were performed on e. B he hospital around 2006Z, 3 Dec 02, and was hooked up to monitors by Dr. (LTC) On-Call Emergency Medical Technician (EMT) Physician, 339 th CSH, BAF. The monitors were negative for signs ollife. Blood was drawn and the remains were taken to be x-rayed. Attempts to draw urine were unsuccessful as there was o urine to be drawn, and that, coupled with the results of the blood tests, indicated BT-412 died as a result of Acute enal failure, meaning his kidneys had failed. The x-rays were negative for any acute injury. 10Z, 4 Dec 02, SA__ interviewed Dr. who reiterated what CP _had stated. Dr. verified the monitors 11) were negative for signs of life and pronounced BT-412 dead onamval (DOA) at 2014Z, 3 Dec 02. Dr. _lso stated BT-412 ha ed prostate which had been pushingagainst his kidneys, which did not allow them to function properly. Dr. _subsequently provided copies of Mr. LAH's medical report, which included SF Form 600, Chronological Record of Medical Care; DA Form 3894, Hospital eport of Death; and copies of the laboratory work sheets and printouts. etween 0020-0050Z, 4 Dec 02, SAlligind SAIIIIIPconducted a death scene examination of ISO Cell #7, CP, BAF. Characteristics of the Scene: ISO Cell #7 was located on the first floor of the BCP and was the last cell on the ight side of the room. The cell was of wood construction and measured approximately 11 feet long, 10 feet wide, and 8 feet high. The ceiling was constructed of wire, approximately 1/4 inch in diameter. The entrance/exit was centered on the ell and was also of wood construction with a small window opening with three metal bars. There were no other windowsr openings within the cell. Conditions of the Scene: The cell was bare of any other furnishings and was clean. There was a .5 liter waterottle in one corner, about 3/4 full, a pair of tan cloth booties, a pair of blue canvass shoes, a black hood, all near the entrance/exit, and a dirty used surgical mask at the far wall opposite the entrance/exit. There was nothing else remarkable about the cell. Environmental Conditions: The temperature inside the cell was approximately 70 degrees Fahrenheit and the air s dry. Factors Pertinent to Entry/Exit: The door to the cell was pad-locked from the outside of the cell and could not be eached from the inside of the cell. The door led to a make-shift hallway which led to the entrance/exit of the room. Scene Documentation: SA_ exposed photographs of the scene utilizing a Nikon CoolPix 995 digitalcamera. (See Photographic CD for details) Seizure of Evidence: There were no items of evidentiary value identified at the scene. TYP.'.DSEQUENCE NUMBER ORGANIZATION SA 87th Military Police Detachment (CID)(FWD) Bagram Air Field, Afghanistan, APO AE 09354 SIGNATURE DATE EXHIBIT 11 Dec 02 1 111111111 CID FORM 94 FOR OFFICIAL USE ONLY 1 FEB 77 DODIC1611aF-- AGENT'S INVESTIGATION REPORT ROI NUMBER 0134-02-C1D369-23533 CID Regulation 195-1 Page 3 of 7 Pages DETAILS bout 0055Z, 4 Dec 02, SA btained Mr. ULLAH's BCP case file, from 1LT which included CP Incoming sheet; two Incident Report Local F rm 4237-R, Detainee Personnel ecord; DA Form 2823, Sworn Statement of SSG 7th MP Co, BAF, relating to anincident that occurred on 2 Dec 02, with Mr. ULLAH; DD Form 2708, receipt for Inmate or Detained Person; and two A Form 4137, Evidence/Property Custody Document, depicting property taken from Mr. ULLAH. bout 0138Z, 4 Dec 02, SA wed SPC_who rendered a sworn statement detailing his owled . - of this inci_ lated that around 1900z, 3 Dec 02, he went into BT-412's cell with SPC d SGT_to give im food, which he refused to eat or dri _- 2 then spit on SPCso they place im in corrective restraints., Around 1908z, 3 Dec 02, SS ntered BT-412's cell an. oun•m slumping and medical personnel were notified. They all began to conduct basic medical treatment on BT­12 and waited for medical personnel to arrive. Once BT-412 was found to not be responsive and not breathing, they shed him to the hospital where he subsequently died. BT-412 was combative in that he had tried to get out of his andcuffs several times and it left bruiges on his wrists. it of runnin . aro cell and banging into thealls. When BT-412 was first brought in, he struck SGT th MP Co, BAF, in thegenital area._ erous occasions. He tie and he had grabbed theshirt of SPC_ 77th MP Co, BAF. SPC did not strike BT-412 and ad not seen or witnessed anyone striking B -412.(See Sworn Statement of SP for details) bout 0250Z, 4 Dec 02, SA rviewed SFC who rendered a sworn statement detailing hisowledge of this incident. SF relate 1925z, 3 Dec 02, he was called to ISO Cell one, Main loor, BCP. BT-412 was not responding and SPC was told to check his pulse, which was faint, and hislood pressure was 118/36. About 1935-1940z an am u ance was called and arrived about 20 minutes later. The tam hat came to the BCP requested they take BT-4 'tal after they arrived at the was otified approximately 30 minutes later by 1 L hat BT-412 was dead. SFC relate -412 came into the facility combative. He was always spi mg, constantly talking to the other detainees, and did not listen to ny instructions or orders. The first day he arrived at the Confinement Facility, BT-412 hit a guard in the groin. also spit on one of the guards, had struck a guard in the jaw, and tried to strike another in the stomach. SF stated_not strike BT-412 and had not seen or witnessed anyone striking BT-412. (See Sworn Statement of SFC r details) bout 0355Z, 4 Dec 02, SAWbriefed COL Commander, Dragon Brigade,Combined Joint Task Force (CJ - , AF. bout 0405Z, 4 Dec 02, SA_riefed CP_ . rial Counsel, Office of the Staff Judge Advocate 111111111111111 SJA), Dragon Brigade, CJTF-180, BAF. bout 0415Z, 4 Dec_interviewed SS_ho rendered a sworn statement detailing his knowledgef this incident. SSG_eat_1908z, 3 esponded_0_7, due to BT-412 not eating and spitting at the ISO guard, SPC When SSG_d SPC_ he cell, BT-412 wasnresponsive. BT-412 received treatments to revive him, but they were unsuccess _told SPCIIIIII TYPE AGENT'S NAME AND SE.CE NUMBER ORGANIZATION -SA 87th Military Police Detachment (CID)(FWD) Bagram Air Field, Afghanistan, APO AE 09354 SIGNATURE DATE EXHIBIT 11 Dec 02 1 or CID FORM 94 FOR OFFICIAL USE ONLY 1 FEB 77 1 831 ' ROI NUMBER AGENT'S INVESTIGATION REPORT 0134-02-C1D369-23533 CID Regulation 195-1 Page 4 of 7 Pages DETAILS o go get th_doctor. After talking with SFC e told at he was going to call an ambulance en SSG got back to the cell, SFC and SP ere putting BT-412 on a stretcher andoved him to t e processing area to await ance. SSG re ate BT-412 was combative, non-complaintunched guards, and spit at guards. SSG her relate 2 had punched a guard, spit on several guards icked a guard in the genital area, refused to walk when being escorted to the latri talked with other detainees, grabbed several guards, and tried to get out of his cell when he was being fed. SS stat e did not strike PUC 412 and ad not seen or witnessed anyone striking PUC 412. (See Sworn Statement o _or details) bou_02, SA_riefed MAJ_ hief, Operations Law, CJTF-180, BAF was also the liaison with the International Committee of the Red Cross (ICRC) and the Legal dvisor to the BCP (Operations). bout 0500Z, 4 Dec 02, SAMbriefed COL Criminal Law, CJTF-180, BAF. bout 0510Z, 4 Dec 02, SA terviewed SPC_COM.ho rendered a sworn statement detailing his owledge of this incident. SPC_ related that around 1912z, 3 Dec 02, was summoned on the floor to ISO Cell 7 to help with a detainee. Upon entering Cell #7, he found BT-412 slumped over. He checked for a pulse and found a eak, but steady carotid pulse _nd slow_ m rub to stimulate him, but with noeaction. He then helped SPC _and SG_ 77th MP Co, BAF, lowered BT-412 to the floor. About 1920z, the sergeant of the guard, SSG _, told him to go get the medic at his tent and wasadvised to contact an- ambulance and move BT-412 _ pital. BT-412 was moved to the front of the processing oom to wait for an ambulance. About 1950z, SP _hecked BT-412's vitals again and found blood pressure of115/68, weak pulse, very faint breath sounds, and is _i s_ not reactive. The ambulance crew _t twomutes later to transport BT-412 to t _' . SPC_elated that when he observed SP _offerT-412 bread, he spat at him. SPC rther re a e BT-412 would not eat or drink SPC stated he did not strike PUC 412 and had not seen or witnessed anyone striking BT-412. (See Sworn Statemen of SPC for details) bout 1250Z, 4 Dec 02, SA_interviewed Mr._ Interpreter, BCP, BAF, who spoken with Mr. ULLAH several times and there was no indication of Mr. ULLAH being ill or sick. Mr. iso stated he never saw or heard about guards getting unnecessarily physical with any of the detainees. bout 13052, 4 Dec 02, SA_11111 coordinated with Dr._ Medical Examiner, AFIP, Washington ed him on the circumstances surrounding this investigation pertinent to support from this office. Dr. at arrange for himself and two others to travel to BAF to conduct a Forensic Autopsy as soon as possible. Dr. uested this office arrange for the remains to be dealt with by Muslim Clergy for burial once the autopsy was comp eted. bout 1400Z, 4 Dec 02,_interviewed SG_ A Co, 519th MI Bn, BAF, who endered a sworn statement detailing his knowledge ot is mei ent. SG _related that on 02 Dec 02, he conducted the interview of BT-412. He noted that when BT-412 was being brought into the interview room by the TYP.' NAM. CE NUMBER ORGANIZATION SA 87th Military Police Detachment (CID)(FWD) Bagram Air Field, Afghanistan, APO AE 09354 DATE. EXHIBIT 11 Dec 02. 1 CID FORM 94 FOR OFFICIAL USE ONLY 1 FEB 77 DOD DO\AGI43 41)682-4" ROI NUMBER AGENT'S INVESTIGATION REPORT 0134-02-CID369-23533 CID Regulation 195-1 Page 5 of 7 Pages DETAILS guards, he was always uncooperative ometimes have to be carried by the guards, even though BT-412 seemed o be very coherent and healthy. SG out did not strike BT-412 and had not seen or witnessed anyonestriking BT-412. (See Sworn Statement of SGT r details) bout 1115Z, 5 Dec 02, SA_rviewed SPC 111.111.0who rendered a sworn statement detailing his owledge of this incident. SPC _related that about 0900z, 3 Dec 02, he was assuming duties in the Isolationlock Delta, at the BCP, BAF._ out 0900z, BT-412 had to be move to cell # _ 6, so the Engineers couldeinforce the doors in the Isolation Block Delta. BT-412 would not walk, so SP of assistance from another elp carry him to ISO Cell #7, and back to Cell #6 when the Engineers had finished. About 1115z, SPC ad to remove one of BT-412's cuffs to untangle him, because he repeatedly swung in a circle and wrapped his resisted and pulle a d tried to grab his hand, scraping skin off his middle knuckle, and tried to jab the chest. SPC _en got separated from BT-412 and cuffed the loose cuff back to the chaine then loc e e cell and got help om o other soldiers. The three soldiers struggled to get BT-412 handcuffed again and had to use wristlocks and common perennial hits to the thigh to get BT-412's attention in order to re-cuff huh. About 1200z, BT-412 was removed from a hanging position so that he could eat chow and pray. BT-412 then made steps toward he o en cell_ r and a wristlock was used to pull on his hand shackles and he was pinned a • _ar wall of the cell. SPC_elated he regained control of the situation and backed out of the cell. SPC _ stated he required elp om o er soldiers to re-handcuff BT-412. As soon as this was complete, about 12 z, BT-412 tried using his chains on his cuffs as a sa_cutting throulh th_ up. BT-412 constantly tried to ull off his hood. SPC_notified SSG_ 7th MP Co, BAF, who was the I . . i Sergeant of_tie u (SOG) and was instructed to . _n 4 a slight common perennial strike and pull his hood back down. SSG_obs- a -A the three tim S' strike BT-412 in the thigh, and he stopped trying to pullhe mask off._nformed SPC_at the_ and shift that h_-• 2 - • mon perennialstrikes, but only after e • a gotten authorization to do so. SP_informed SP II. at BT-412 had o be forced to do everything and that he should read the incl ent in e logbook. SP I _1 a_a SPC hat BT-412 was non-complaint and would not do anything that he was asked to I o. _ urtherusing the common perennial strike on BT-Me_times in t_ area due to his constant corn ative ' authorization from SSG SPC_ also related he observed SPC77th MP Co, BAF, adrninistrate a common perennial strike to BT-412's thigh. ( ee Sworn tatement of S or details) bout 1430Z, 5 Dec 02, SA interviewed SPC _ Co, 519th MI Bn, BAF, whostated he interviewed Mr. t after he had been rought to the BCP, and there was no indications that Mr. LLAH was ill or sick. SPC lso stated he never saw or heard about guards getting unnecessarily physical withhe detainees. bout 1140Z, 6 Dec 02, Dr. (LTC_ Armed Forces Regional Medical Examiner, Office of thermed Forces Medical Examiner, _egional Medical Center (LRMC), APO AE 09180, conducted a preliminary examination of the body, with SA _ observing, and the following information was noted: After removing thegarment away from the groin area, o served what appeared to be lacerations on both sides of the upper legs near the hips; and a contusion on the left calf (posterior). It was also observed that a pattern was made on the left calf, similar to the sole Typ.•.ND SE.CE NUMBER ORGANIZATION SA 87th Military Police Detachment (CID)(FWD) Bagram Air Field, Afghanistan, APO AE 09354 SIGNATURE DATE EXHIBIT 11 Dec 02 1 CID FOR 94 FOR OFFICIAL USE ONLY 1 FEB 77 \OZ. DODD0Auibl1M3 _ ROI NUMBER AGENT'S INVESTIGATION REPORT 0134-02-CID369-23533 CID Regulation 195-1 Page 6 of 7 Pages DETAILS of a resoled Vibram boot. Dr.111111111r su y stated the injury to the upper legs were due to when the ER ersonnel attempted to place in hotographs utilizin a di i_ ody d i sisting Dr. mer._the SSGT (Air Force)_ (COL and GS-12 Dr all assignet LRMC, APO AE 09180. ee Photogr phic CD for detai s 0700Z, 7 Dec 02, Dr._onducted an examination of the cell in which BT-412 was kept. SA osed several photographs utilizing a digital camera of the cell. (See Photographic CD for details) bout 0730Z, 7 Dec 02, SA_terviewed CPT er, 377th Co, BAF, who had no informa ion other than what was related to MP _ is soldiers. CP so provided a copy of his unit's Standard Operating Procedure (SOP) for the BCP. The SOP reflected the guards will use the minimum amount of force necessary to maintain discipline and compliance The SOP does not reflect that blows will be administered to any detainees if they do not follow instructions. Z, 7 Dec 02, Dr._ NW conducted a second examination of the exterior of the body, with SAserving, and the fo owing information noted: Contusions were found on both inner thighs near the oin area•ight part of the neck; left inner arm; and left knee/lower calf area. The left knee/calf area was also swollen. S xposed several photographs utilizing a digital camera of the body and injuries. (See Photographic CD for detai s bout 1200Z, 7 Dec 02, SAM conducted a field test of three unknown substances found on BT-412 which all met ith negative results for controlled substances. The results were documented on a CID Form 36, Field Test Analysis of Suspected Controlled Substances. - - 14 I I -0700Z, 8 Dec 02, Dr._ onducted an autopsy on BT-412, w' bserving. Dr. wined the preliminary cause of death was a Pulmonary Embolism. SA exposed photographs camera and obtained items of evidence, on a DA Form 4137, Evidence/Property Custody Document. Dr.subsequently provided this office with copies of SF Form 503 Auto _ D orm_ rotocol, detailing the Autopsy; , Statement of Recognition of Deceased, depicting 1LT _ identification of BT-412; andD Form 2064, Certificate of Death, pertaining to BT-412. bout 0620Z, 10 Dec 02, SA_ rviewed SSG_ ho rendered a sworn statement detailing hisowledge of this incident. SS elated that about 945z, 2 Dec 02, he was working in ISO Ce CP. He entered ISO Cell #6, to retrieve _ _t the -412's food which he refused to eat. At that time, SSG _ T-412's pants where down to his ankles. SSG ound let BT-412 stand free, but not sit down for a periodof time to be de ermines b_ ons. At 2 I_ observed BT-412 lying down on the cell floor. Hecontacted SGT ' Co, BAF, and he assisted him in placing BT-412 back up inhe restraints. B_wou . not sta_ abbed him by the arm and lifted him up against the wall tolace the restraints on him. As SSG as o sing his arms against his body, BT-412 struck him in the rightside of his chin with his left fist. At this point, BT-412 was pinned against the wall _ restraints placed o him, alongith a hood over his head. Corrective restraints were place on BT-412, SS _and SGT_en exited TYP.' NAME AND SEQUENCE NUMBER. ORGANIZATION SA 87th Military Police Detachment (CID)(FWD) Bagram Air Field, Afghanistan, APO AE 09354 SIGNATURE EXHIBIT 1 1 Dec 02 Wffig.DATE CID.FORM 9i FOR OFFICIAL USE ONLY 1 FEB 77 DOCiakeibC118i4 C-- ROI NUMBER AGENT'S INVESTIGATION REPORT 0134-02-C1D369-23533 CID Regulation 195-1 Page 7 of 7 Pages DETAILS he cell. SSG_stated he did n_tr. e BT-412 or any knowledge of other soldiers striking any of the detainees. (See Sworn Statement of SSG _for details) GENT'S COMMENTS: The original statement was not in the case file and is presumed missing. A copy of the statement was reprinted and added as an exhibit, but it is not signed. About 1430Z, 10 Dec 02, SA_nterviewed SFC_ , 377th MP Co, BAF, who couldrovide no further information other than he contacted the am ulance. bout 1435Z, 10 Dec 02,_coordinated with 1L_ no stated his unit had earlier conducted 111111111.h a Health and Welfare Inspection an id not find the boot pattern1 iscovered on BT-412's leg on any soldier's boots. bout 1445Z, 10 Dec 02, SA_interviewed SPC_ 77th MP Co, BAF, whostated he could not provide any information on the condition o T- 2 the night of - _s he was not on duty and did not respond to the BCP when the detainee was found unres PC_lso stated there was no indication of any previous medical problems from BT ; provided an example of the tread pattern comparable to the pattern found on BT-412's calf. SPC air of resoled jungle boots, which he had in the bottom of his duffel bag within the unit's storage room. S exposed photographs of the pattern utilizing a digital camera. (See Photographic CD for details) bout 1505Z, 11 Dec 02, SA_interviewed SSG_stated he did observe SPC_strike BT-12 in the thigh (common perennial), but nowhere else. SSG_ also stated his Company had last received trainingon common pressure points about three months prior (Aug 02), and conducted refresher training during guard mounts. bout 1512Z 11 D 02, SAMEP _nterviewed SG_who stated he did enter BT-412's cell on 2 Dec 02,ith SP_but coul provide no further information on when the detainee was found unresponsive. bout 1600Z, 13 Dec 02, Dr. 111111111111 provided to this office with a copy of the DD Form 2064, Certificate ofID eath, in which she changed the cause o eath from Pulmonary Embolism due to Blunt Force Trauma, and the manner of death as Homicide. ////LAST ENTRY//////// TYP.'. E NUMBER ORGANIZATION SA 87th Military Police Detachment (CID)(FWD) Bagram Air Field, Afghanistan, APO AE 09354 SIGNATURE DATE EXHIBIT 11, Dec 02 1 CID FORM 94 FOR OFFICIAL USE ONLY 1 FEB 77 D 0kk4 C1D1 835 C1036ci 23535 •"•" AUTHORIZED FOR LOCAL REPRODUCTION .. MEDICAL RECORD -CHRONOLOGICAL RECORD OF MEDICAL CARE.. DATE-- SYMPTOMS, DIAGNOSIS, TREATMENT, TREATING ORGANIZATION-", n each en , . LI DAL tr). ell-qptii tvit5L . . k --; 0° 1D 0 404 90C.c-oumt.woui Dk5iv\- -14%­1 ter­ink' co. di-t.i`lli5 cokia.• c..t i Ne c:r u(€40,-; c.,..4..(7.-Acteit St 4 I&( .Aid - 49-frolv_,.I , Oolivrt 1,-f. 17k,./-tvakt eacti44(' t_wAIL yr Cite , (65i C-e-C iv 2° - 36 I' rby Notoko.tbigi2,\*(s)twouNIA,t, ciL)viAls6 -2._ LI slily, VAS 1 r 14111 NV.• 34 ea/1(RA vatt_ bc)teinAt 19.eleut\,10-(u No NM re5f if izttorty.19.ter-es•4 • . kw/qt. 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DC MPICATION: (Forlyped or women eribles, givi Name - lest fust, middle; ID No or SSIt Sex Ode j REGISTER NO. WARD NO. of SO; Rank/ Made.). •. I-•-• CHRONOLOGICAL RECORD, OF MEDICAL CARE PUC I-4 a Medical Record STANDARD FORM 600 (REV. 6-97) Prescribed by GSAIICMR USAPA V2.00 FIRMR (41 CFR) 201-9202-1 - FOR OFFICIAL USE ONLY -Exhibit: c71 (.$2. ¦. DODDOACID11836 Li0 was- 01-eA 0, 3‘..°t 9,533 DATE w .SYMPTOMS, DIAGNOSIS, TREATMENT, TREATING ORGANIZATION -.. each en i Vi \)1Z.002_,_ 1 Po , 2 • NvesT .StIA_C-4 tyoUt .-tu c.ak-Lievteiv vutil oudibi 06s-rnatIN citoreete6syq-k, 9ex.--N 1iA6r+ qtAi31•1cALA, crc..i crurYvv-A-alecif6.4../ . . 5vInrckQui4vc k _• 61bor5.- c Gitt..vt.t • i; i P.1± caStbnyrfertoigy arresi l'ded ON arrill A rtt:i4P4INA, Om\ 1 ek-ir0 Ns.icC-0 A.ON se co--1(..c‘....o.., _-1 p..s--1-vm, vt,to.A-4+s_(LA r' A • Atvetc&st_c. 1 c. ictx4 -t- c,ko mi,c,',_0,hie, .vu, ..twiLion T,AmdlikLis,.er‘ii-val /Y.& ailiatv - • PIN Lbrimit-, i'A gm& tb_ oivai mit uy\e/ 1 dvart/vN._Ae_arely UAchio N1.c bN_.pitekalil4 • b)(6) WV) 494' C.xc .ksia-- b)(2)-2 ••. . . . . . .. ..,. .. .. . .. . .... .. . .. ... . • . -.- FOR OFFICIAL USE ONLY STANDAWaikr0 600 mi. 647) SACK usAPA two 6").dt.b_oz (oil" DODDOA(ID11837 013;-02-CID369 ,6533 AM .AMO LOCA f au--Mae PITA , HOSPITAL REPORT OF DEATH • t)(2)-2 AI, arras Mt rets, 9/E a la-21 Ill Peptisre WW1 1 rix OFFla II Phi Setalos Megan.. • htstrucllons -Medical Officer in attendants ;riff: Preiern, in one dopy qtly, Don= I diteigiR JO and sign learn 11..Send lata!, without delay to the Registrar or Administrative 0 Print Or type entries.-firer of the Day, for necessary action and for pniparetien of A (mired nstatbeir of copies. SECTION A • ATTENDING MEDICAL OFFICER'S REPORT ••••. PERSONAL DATA (Patient's ward plate wwill be usedill to Imprint idents- I. PATIENT DATA 2. TIME OF DEATH afeer-day•emnih-yper) Jr. MCCICAL EXI/04114111U tying data If available) coNoNaws cast puc. •qi 2_ Zara.3 Dec, 0'2-cz.„„..0 4. RELIGION IL CHAPLAIN MOTMMGO Y GS­ . /17()5 li'r\ RNO ,- G. NAME. ADDRESS A140 RELATIOmeHrts off RELATIVE OR enitH • PRESENT AT ITGATN . . • • .-. ! Patient's name (Lest, first, middle Initial), Grad.. • Social Security. Account No.. Register Number and Ward Nutober APPROXIMATE iNTERvi CAUSE OF DEATH BETWEEN ONSET .-. AND DEATH-' 75. DISEASE OR CONDITION DIRECTLY DUE TO for as 0 consequence of)LEADING TO DEATH (Me does not Moon the mode of (liana. 6 .t.. been feillee. asthenia. etc. It means the diseame. irt• ell jury, a complication. he caused efee th) UDCAe.IA f fried i 1-tte, tVQ.,4 13 if 'Ma ell Ot r Sci: DUE TO (Of ea 9 consequence (11 lb .• A NT EC EDE.14 r CAUSES N Orbld con-• ditleaga, If MAW, 4i ving rise to the above ) re.A.4.1 (;11(LY1-e, oevw-o/v ,A., cause, stating the underlying condition lane) (21 17 ewill4 Yllt-1 Icail . A. 6. OTWER SICNIF IC ANT corms "-IONS . .­ . TH LA.0 pc1-7 ee/V1 • CONT.RI OUTING TO HE .DEATH. BUT 116-1- NOT RELATED TO THE DISEASE DR b. CONDITION CAUSING IT-• •O. DATE­ 110. TY PED OR PRINTED NAME AND SPADE OF 1 71. SIGNATURE OF MEDI CA. L OFFICER IN ATTENDANt Henio A4 OFFICER IN ATTENDANCE :b)(6)',b)(6) (iPti' 02-- mc i.L-r c liAA sectios is -ADMINISTRATIVE ACTION ?vont OP ACTION is. TELEGRAM TO PlfS -OP Riss •00, OTHER HOUR OAT m oNYNYEAR 'NTT:A GIOLC Of oteaPON• °mean AUTNORISGO PERSON IS. POST ADJUTANT SENCRAL NoTunao 14. IsorscoA TS CO OF 0 ac G AICO NOT' FT EIS SS. INPORNATIoN orrect moTumto IL POST MORTUARY orriC ER NOTIFIED 17. ReD CROSS NOTIFIED Is. oTes tR(Specify). to. . • SECTION C - RECORD OF AUTOPSY In. Auropsy PERFORMED as yes. give date . red place) pt. AUTOPSY oROEn ED 111f (Shinature) DYES-0 HO • • 22. ORO VISIONAL PATHOLOGIC/kJ. PINOINGs SS. OATS 54 , TYPED NANG ANO ERADE OP PHYSICIAN PER• 35. •ION•TURR OF PHYSICIAN psayonlaiin AUTOPSYPommies; AUTOPSY • . • • a.. DATA 27. -NAME AND GRADE OF Pme1 -R 511 . SIGNATURE OF REGISTRAR .......41-,./-.0,IT ST 1. Vm,11;h1t . REPL-OA PORN 8-257„ 1 JAN SI. tutise c SILL es USED. trtA-S. CPUs 1264-491-0e2/422 A . FOR-m 3594 e-A,,r .2.6,6:i DODDOACIDI 1838 4 0138-02-CID369 .23533 URGENCY .POENtSTATUS' 10:4E0 -..§ API4) • ;:.,. .-•Etp.06.1, Efitt•oP. . sffomEN SOUR4. 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'. • . ...-i•:_ ..i'ie... • - . •.'„-.1.: . • \ .;,.. 7. • .. .. • ' \ \ *Wigilft.4.4trt: . • PATINT STATUS • ..ottott41E'DB_13. 43a 8 .O'J1PA1IE1T. c-- No•_._S Ktsok . vromei.sc q!ta trovi:O.. 0 to_tiov:. • ... z : . • OTI1Erk i'pecifiri -_ • FAOL.rrity,6410.tio.-DATE • . -RFprnsyr,.sy •.Mo DATE • :10)(6) . _-•_ -_ • 1: Se.41.4 itiStlillMENT Nt 00011114 S DODDOACID11840 oerg..0140 oupittirif.ja:: ,;-791104%!.13j ,_• •.' •• ',C101".1M SPECIMEN SOVRCE "' PW.E QA • ' trAfP pTimitiii4:40' t;401;'::; , RE-ouksTisc.ptirsicwirs4IGNAttor _•-•_•_',b)(6) ,... • • ;AL.:0,116: • . v. •• FOR OFFICIAL USE ONLY Exhibit; _ 7). DODDOACID11841 • • FOR OFFICIAL USE ONLY _Exhibit: •-?, .DODDOACID11842 013 -02-CID369 23533 Sworn Statement • LOCATION: Bagram Airfield Afghanistan, APO AE 09354 DATE:4 Dec 02 TIME NAME SSAN RANK: SPC/E-4/Reserves ORGANIZATION: 377th Military Police Company (Bagram Confinement Facility), Bagram Airfield, Afghanistan, APO AE 09354 , want to make the following statement under oath: 0I, SPC-On 3 Dec 02, I was on duty at the Isolation Cell Block at the Confinement Facility. Bagram Temporary (_was an inmate wh_a history of being combative. At 1900Z, 3 Dec 02, entered his cell to give him his food. He refused to myself, SPC_and SG_eat or drink anything. e then spit on me. We placed him in corrective restraints for the spitting incident. We then tried to give him food again. He refused, even when food was placed in his mouth he would not chew anything. He then faked a fainting spell, but still ha eflexes when came in with an touched. We left his cell at 1905Z, 3 Dec 02. At 1908Z, 3 Dec 02, SS _ tanding apple and an orange trying to get him to eat. We found him slumping forward _on his own. He was using his restraints to hold him up. We called for SPC to assist us entering the cell without being attacked. We entered his cell to find BT-412 had a lower level of consciousness. He had a good carotid pulse, respirations were weak and shallow. His pupils were slow, but reactive to light. We the on the floor, elevating his feet for b e sent SP_to go get our facility medic, SPC comfort for breathin_ ' ad come back, we had decided to call for an ambulance. then r Before SPC_ _ in get a stretcher to p ace im on from our medical area. I returned and assisted SF placing him on a stretcher. We then moved him to our processing room to wait for an ambulance. Once we got him there, I did a check of all his vital signs. I found a blood pressure of 118 over 76, well within normal range. His pulse had gotten harder to feel, and was weak and thready. Respirations were at 15 perminute, but shallow. After a few minutes I took another set of vitals. I found his blood pressure to be 118 over 74, still within normal range. Respirations were still at 15 per minute, with the weak thready pulse. His skin was starting to turn cool and clammy, but he still had ood color. Pupils were even slower, but still reactive to light. At ame in and checked another set of vitals. He stated blood 1952Z, 3 Dec 02, SPC_ pressure was 114 over 68, thready pulse, shallow respirations and the pupils had become non­reactive to light. At V955Z, 3 Dec 02, the ambulance crew arrived and stated they could no longer find breath sounds. They then rushed him out to the hospital. Approximately one h r later, I was informed that BT-412 had been pronounced deceased at the hospital. Q: SA A: SPC Q: What does the term "thready" mean? A: It's a med. term meaning the pulse is getting weak. Page 1 of 4 Pages IAL Exhibit:--7 FOR OFFICIAL USE ONLY- DA Form 2823 FOR OFFICIAL USE ONLY_ Exhibit: _ DODDOACID11843 6.(r, r . 013V-02-CID369 2,SS33 Statement of SP U-a ken at Bagram Airfield, Afghanistan, APO AE 09354, on 4 Dec 02, continued: Q: How long has BT-412 been at the Bagram Confinement Facility? A: 3-4 days. Q: How long had he been in the Isolation Cell Block? A: The entire time that he had been at the Bagram Confinement Facility. Q: Describe the cell in which he was in? A: Wooden cell with a lockable door to the outside. Wire cage roofing, approximately 10 feet by 8 feet and 8 feet tall. Q: Are there any seats or beds within the cell? A: No there is not. Q: What type of personal belongings did BT-412 have inside the cell with him? A: He had a pair of cloth boots to go over his feet so that the ankle shackles did not cut into his skin; a pair of house slippers; a bowl to wash his teeth with; and a surgical mask over his face because his . TB test had not yet come back. Q: When USACIDC examined the cell the bowl was not within the cell, what happened to that? A: It could have been kicked outside when we were bringing in the stretcher. Q: Since he has been in Isolation, how would you say his eating patterns have been? A: He has refused to eat almost anything. On a couple of occasions, we have been able to get him to eat some bread or fruit. Q: On 3 Dec 02, prior to 1900Z, had BT-412 been involved in any other altercation? A: He had tried to escape when the guard was feeding him. It occurred on the shift prior to me. The guard caught him and placed him in handcuffs. Q: Do you_ ame of this guard? A: SPC Q: Are you aware if any personnel struck BT-412 during any of these altercations? A: Not that I am aware of. Q: Since being at the Bagram Confinement Facility, had B _been in any altercations? A: When he was first being brought in, he struck SGT in the enital area. He has spit at the guards on numerous occasions. Yesterday he 'ed to SSG And earlier today just before he tried to escape he a ed SPC _.hirt. Q: How would you say that SG_SSt_and SPC _are towards the detai_9 A: SSG is fair and not rough at all. SGT_and SPC11111111Pre both on the day shift, and I do not believe that they would hurt any of the detainees. Q: Were you aware of any previous medical conditions that BT-412 had? A: No, we had a thing up on the board where it would list any type of medical problems. There was one entry, which listed he had told an interpreter that he (BT-412) had a respiratory problem, but he had been checked out by medical which determined there was no medical problems with him. Q: What type of corrective restraints did you have on BT-412? A: Leg shackles around his ankles; a short pair of handcuffs with a belly chain attached; and another chain attached to the ceiling. We had orders from MI that he was to be standing up all Page 2 of 4 Pages IT DA Form 2823 FOR OFFICIAL USE ONLY-Exhibit: - FOR OFFICIAL USE ONLY Exhibit: 3 DO D DPA, C1Q14 844 b t 013 ° -02-CID369 13533 Statement of SPC1111111111.11Ptaken at Bagram Airfield, Afghanistan, APO AE 09354, on 4 Dec 02, continued: night. He also had tried to get out of his handcuffs several times and it left bruises on his wrists. We bandaged them up as best as we could. Q: Describe a belly chain? A: Silver chain similar to a log chain that has a bracket which attaches to a pair of handcuffs. When the belly chain is attached to the handcuffs, it keeps the detainee from raising his hands. Q: How was the chain that connected to the ceiling attached to BT-412? A: It connected into the handcuffs on the same bracket that the belly chain connected to. There was a black box that went over the handcuff connecting chain that prevented the detainee from twisting the handcuffs around. The bracket on the belly chain goes through the black box and then a padlock is placed at the end of the bracket. Q: Was he suspended from the ceiling from the chains? A: No his feet were on the ground. Q: Why was the chain connected to the ceiling? A: Keeps him standing up and keeps him from running around the cell. He had a habit of running around the cell and banging into the walls. Q: Why was he in the restraints? A: Because he had spit on me. Part of the standing up rule is that the detainee is standing for four hours and then allowed to rest for 20 minutes. Q: Prior to you coming into the cell to feed him, was BT-412 already in restraints, or was he put in them for spitting at you? A: He was already in restraints, we were taking them off so that he could eat. After he spit on my leg, I stepped back and was shocked at what he did. He then started to laugh about it. We tried to feed him again, but he did not want to. We put him back into restraints and left the cell. Q: After he spit on you, did you strike him in any way? A: No. The only time we put our hands on him is when we tried to pick him up, so we grabbed his shoulders. Q: Describe how he looked when you went back into his cell? A: He was slumping forward on the chain in front of him. He had his eyes and mouth open. We thought at first that he was playing. After a few seconds of no reaction, we entered the cell and tried to get him to eat some food. There were no reactions from him. I could feel that he had a pulse, so I just kept thinking that he was playing with us. 'After a few minutes of no response from him, I realized that he was not playing and that there was something wrong with him. Q: Have you been previously trained as a medic? A: I was an Army medic and a civilian EMT. Q: Is this statement in our o words and typed by this agent? A:-e 5 i#-1.5" Q: Do you have anything further to add to our statement? A: No ///End of Statement/II MrPage 3 of 4 Pages INITIAL DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: FOR OFFICIAL USE ONLY-Exhibit: 3 DODDOACID11845 013q-02-CID369 23535 Statement of SP11111111111111Nraken at Bagram Airfield, Afghanistan, APO AE 09354, on 4 Dec 02, continued: AFFIDAVIT I, SP111111111111111HAVE READ OR HAD READ TO ME THIS STATEMENT WHIG GINS OF PAGE 1 AND ENDS ON PAGE 4. I FULLY UNDERSTOOD 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, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. (Signature of Person Making Statemen tgna re Subscribed and sworn to before me, a person authorized by law to administer oaths, this 4th day of December, 2002, at Bagram Afghanistan, APO AE 09354 IIIIIIPIPPIV lute an , ame be—r. (c-to) (Unit) Oath) WITNESS: SA 87-t o ce Detachment (CID) Bagram Airfield, Afghanistan (Signature) APO AE 09354 Article 136, UCMJ (Printed Rank, Name)-(Authority to Administer Oaths) (Unit) Page 4 of 4 Pages INITIALS DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: Exhibit: 3 DF8 B 6FACCS11846NLY 0133-02-CID369 23533 Sworn Statement LOCATION: Bagram Air d, Afghanistan, APO AE 09354 DATE: 4 Dec 02 TIME: NAME: SSAN: RANK: SFC/E-7/Reserves ORGANIZATION: 377th Military Police Company (Bagram Confinement Facility), Bagram Airfield, Afghanistan, APO AE 09354 , SFC want to make the following statement under oath: oxim tely 1925Z, ,I was c-Isolation One, Main floor. When I arrived SPC old-as not responding. When I looked at the PUC his eyes were opened. I had SPC-check his pulse, he said he had a faint pulse. The blood pressure I think was 118/36. We saw he was barely breathing, so we decided to call an ambulance at approximately 1935-1940Z. The ambulance arrived about 20 minutes later. We initially went to get the medic and he told us to call the hospital or take him to the hospital. The Captain that came to the BCP requested we take him to the hospital about ten mi -er they arrived at the BCP. I was called approximately 30 minutes later b 1LT -d told that BT-412 was dead. Prior to the pho -t to the CPT-tent and brought him to the BCP to plain the situation Q: SA A: SFC Q: What does PUC mean? A: Person Under Control. Q: Were you aware of any medical problems with BT-412? A: No. We did pull his file prior to the ambulance arriving and found no information. Q: How long has the detainee, BT-412, been at the Bagram Confinement Facility? A: About 5 days. Q: How long had he been in the Isolation Cell Block? --- A: He had been there the entire time. He was originally in cell 7, but then we changed him to cell 6, and then changed him back to cell 7. Q: Describe the cell? A: Wooden cell, four walls, one door with an opening with metal bars. We had just started to use the cells just when the new group of detainees, which included BT-412, had arrived. Q: Why was he in the Isolation Block? A: He came in combative, always spitting, constantly talking to the other detainees, and not wanting listen to what he was being told. The first day that he arrived at the Confinement Facility, he (BT-412) had hit a guard in his testicles. Q: At the time of this incident, was the detainee in restraints? A: Yes. Q: Wh was he in restraints? Page 1 of 3 Pages ng Statement DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: FOR OFFICIAL USE ONLY Exhibit: - DODDOACID1,18.47 \D 013)f-02-CID369 2.353 Statement of SFC-taken at Bagram Airfield, Afghanistan, APO AE 09354, on 4 Dec 02, continued: A: Because he was combative. He just had spit on one of the guards, and the previous day, he struck a guard in the jaw and tried to strike another in the stomach. Q: Was it standard procedure for a detainee to be restrained the way BT-412 was? A: Yes, that way we can easily monitor the detainee. Q: Had there been other altercations with BT-412? A: He was always non-compliant and spitting on everybody and everything. Q: Since he has been in Isolation, how would you say his eating patterns have been? A: He was refusing some meals. Q: On 3 Dec 02, prior to 1900Z, had BT-412 been involved in any other altercation? A: Not as far as I know, we came on shift about 1930. If there had been a major incident, we would have been informed, but anything is annotated in the logbook in the Isolation area. Q: During any of the altercations with BT-412, do you know if any US personnel had struck him? A: No. Q: Was there any guards that were violent towards the detainees? A: Not that I have seen. : How wo ld you say that SG -SSG -and SPC e towards the detainees? A: Professional. If an incident occurs with the detainee, the guard notifies the SOG who in turn will decide what type of punishment needs to be dealt out, if any. Q: While BT-412 was restrained within his cell, was he suspended from the ceiling with the chains? A: Both feet were on the ground, and he was able to walk around the cell a little bit. But, he could not run towards the door or walls. Q: Could he have choked or injured himself with the restraints? A: No, because we had the restraints set up so he could not get the chains near his throat and his hands were handcuffed in front of • Q: Prior to the incident with SPC -was detainee BT-412 restrained, or was he restrained due to the incident? A: He had been previously restrained. Q: How was BT-412 restrained? A: Belly chain, ankle restraints, short handcuffs, and he had one chain connected to the ceiling behind him and another in front of him. Q: Is this statement in your own words and typed by this agent? A: Yes. Q: Do you have anything further to add to your statement? A: No ///End of Statement/// Page 2 of 3 Pages DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: FOR OFFICIAL USE ONLY Exhibit: +/ DODD ACIA) le48. Ip Ce( e"—\ ) 013 1-02-CID369 2353 3 Statement of SF-fcen at Bagram Airfield, Afghanistan, APO AE 09354, on 4 Dec 02, continued: AFFIDAVIT I, SF HAVE READ OR HAD READ TO ME THIS STATEMENT WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE 3. I FULLY UNDERSTOOD 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, RCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. 1111111mr WITNESS: {Signature) Subscribed and sworn to before me, a person authorized by law to administer oaths, this 4th day of December, 2002, at Bagram Afghanistan, APO AE 09354 (Printed Rank, Name) (Unit) (Si WITNESS: S 87 Military Police Detachment (CID) Bagram Airfield, Afghanistan (Signature) APO AE 09354 Article 136, UCMJ (Printed Rank, Name)-(Authority to Administer Oaths) (Unit) Page 3 of 3 Pages DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: Exhibit: 1/ D6aakEIM 1W49ONLY 01A-02-CID369 2353 5 Sworn Statement LOCATION: Bagram Airfield, Afghanistan, APO AE 09354 DATE: 4 Dec 02 TIME: o NAME: SSAN: RANK: SSG/E-6/Reserves ORGANIZATION: 377th Military Police Company (Bagram Confinement Facility), Bagram Airfield, Afghanistan, APO AE 09354 iSSG want to make the following statement under oath: ound 1908Z I responded to ISO Cell 7, PUC 4 not eating and spitting at the ISO guard, SP-When I had SP-en the cell PUC 412 was unresponsive and his eyes open. I called SF-w o came to m loca 'on and saw PUC 412 unres o e. I asked for sme mg sauce and SFC -went to see if we had any. SPC hen came in and along with SPC -checked vital si ns and oceeded to do a sternum rub to get a response, but there was none. I left to see SFC -and when I came bac to the cell, PUC 412 was on the floor. I then told SPC o go get SPC ho is the facility doctor. After-ng with SF I told him I was going to call an ambulance. I then told SFC-was goint o ca the hos ital an he said that he would do so. When I got back to the ce 1, SF d SPC-was putting PUC 412 on a stretcher,-moved him to ocessing area to await the ambulance. When in the room, SPC-and SPC took the blood pressure to see how PUC 41 was doin . They had a pulse and we waited until the ambulance arrived. • Q: SA A: SSG Q: What was your position in the Confmement Facility on 3 Dec 02? A: SOG. Q: Were you aware of any medical problems with BT-412? A: No. Q: What is ISO? A: Isolation area. Q: When you arrived at BT-412's cell, was he restrained? A: Yes. Q: How was he restrained? A: Short handcuffs around his hands. Attached to the handcuffs was a belly chain. He also had a set of leg shackles with a chain going from the cuffs to the leg shackles. He was also chained to the ceiling from a chain in front of him and behind him. Q: Why was he restrained? A: He was combative, non-complaint, punched guards, and spit at guards. We had him on a 4 hour standing and 20 minutes sitting procedure directed from MI. Q: Do you know why MI had him standing for 4 hours? A: No. Page 1 of 3 Pages Making Statement DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: Exhibit: D6bbffikayr fgoONLY­ 01V-02-CID369 23 5 3 3 Statement of SSG-taken at Bagram Airfield, Afghanistan, APO AE 09354, on 4 Dec 02, continued. Q: When was e put in restraints? A: When we came on shift, BT-412 was in chains which were attached to the ceiling with his arms stretched out. After we came on, we pulled his arms down and placed his hands in front of him and handcuffed them together. The chains that were attached to the ceiling, were there in order to keep him from running into the door and walls. The restraints also prevented him from pulling on his handcuffs, which he had been previously doing, so that he did not injure himself. The handcuffs had been digging into his wrists. Q: When you handcuffed his hands in front of him, did you also place the other chains on him? A: He already had the leg shackles on, we just put the other chains on him. Q: How long has the detainee, BT-412, been at the Bagram Confinement Facility? A: Three days. Q: How long had he been in the Isolation Cell Block? A: Since he arrived. Q: Why was he in the Isolation Block? A: MI requested it. He came in with a group of seven persons, and they were all placed in the ISO. Q: Was it standard procedure for a detainee to be restrained the way BT-412 was? A: When they first come into the Confinement Facility, detainees are normally told to stand for 24 hours, and then be in chain and leg shackles for about 3 days. If MI deems that the detainee has been cooperative, then they can get the shackles taken off and they are allowed to sleep. BT­412 was always combative and non-complaint. We normally will only place a detainee in restraints if they are combative. Q: What altercations have occurred with BT-412? A: He has punched a guard, spit on several guards, kicked a guard in the genital area, refuses to walk when being escorted to the latrine, talking with the other detainees, grabbed several guards, and tried to get out of his cell when he was being fed. Q: Since he has been in Isolation, how would you say his eating patterns have been? A: Non-consistent. Q: During any of the altercations with BT-412, do you know if any US personnel had struck him? A: No. Q: Was there any guards that were violent towards the detainees? A: No. Q: While BT-412 was restrained within his cell, was he suspended from the ceiling with the chains? A: His feet touched the floor. The restraints were to keep him from sitting down and throwing himself against the door and walls. Q: Could he have choked or injured himself with the restraints? A: No, we had him restrained so that he could not get his hands up to his neck, or get his restraints up to his neck. Q: Just prior to the ambulance arriving, how was BT-412? A: Non-res o sive. I did not feel a pulse and did not see his chest rise. -and SPC-stated they had blood pressure. ttempt at CPR conducted? Page 2 of 3 Pages I a soPeon Making Statement DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: FOR OFFICIAL USE ONLY Exhibit: LC DODDOVP( 11021 013 Y-02-CID369 a 3533 Statement of SS -1111111111111aken at Bagram Airfield, Afghanistan, APO AE 09354, on 4 Dec 02, continued: A: We tried to and the CPT mask, but could not find it, and by this time the ambulance had arrived and shortly after the doctor stated he was dead. Q: Is thilaitement in your own words and typed by this agent? A: Yes iii Q: Do you have anything further add to your statement? A: No ///End of Statement// AFFIDAVIT I, SS411111111/1"HAVE READ OR HAD READ TO ME THIS STATEMENT WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE 3. I FULLY UNDERSTOOD 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, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT - WITNESS: 111.1111V igna m-ment) (Signature) Subscribed and sworn to before me, a person authorized by law to administer oaths, this 4th day of December, 2002, at Bagram Airfield, Afghanistan, APO AE 09354 (Printed Rank, Name) (Unit) (Si-Oath) WITNESS: SA 87th Military PoliceDetac ent (CID) Bagram Airfield, Afghanistan (Signature) APO AE 09354 Article 136, UCMJ (Printed Rank, Name) (Authority to Administer Oaths) (Unit) Page 3 of 3 Pages In a s o Person Making. Statement - DA Form 2823- FOR OFFICIAL USE ONLY-Exhibit: ­ - Exhibit: ­ 6631568b11u4.59"Y 013 -02-CID369 A3533 Sworn Statement LOCATION: Bagram Airfield, Afghanistan, APO AE 09354 DATE: 4 Dec 02 TIME: os 6 NAME: SSAN: RANK: SPqE-4/Reserves ORGANIZATION: 377th Military Police Company (Bagram Confinement Facility), Bagram Airfield, Afghanistan, APO AE 09354 , Ampwant to make the following statement under oath: approximate y 1912Z, 3 Dec 02, I was summoned on the with a PUC. I entered Cell #7 to find BT-412 slumped over. At that time, I checked for a pulse. I found a weak, but steady carotid pulse, faint breath sounds and slowly -ti-ils. I tried a sturnum rub to stimulate the PUC with no reaction. I then helped SPC -d SGT filliffiver the PUC to the floor. At approximate, SPC -checked vital si ns a n. At 1920Z, the sergeant of the guard, SSG -told me to go get the medic SPC at his tent. I woke him up at. about 1926Z, and he advised me that we needed to contact an ambulance to be taken to the hospital. I returned to the BCP and was notified that they had already contacted an ambulance which was enroute. The PUC was moved to the front processing room to wait for the ambulance. At about 1950Z, I checked the PUC's vitals again. He had a blood pressure of 115/68, his pulse was very weak and thready. He had very faint breath sounds and his pupils were not reactive. T ambulance crew arrived two minutes later to transport the non-reactive PUC to the hospital. 111111.floor to Isolation Room One to help Q: SA A: SPC Q: What is your position within the Confinement Facility? A: Military Police guard. Q: What was your position on 3 Dec 02? A: General population. Q: Describe non-reactive? A: Just before the ambulance arrived he had faint breath sounds and a very low pulse. When they arrived, the ambulance personnel stated they could no longer hear any breath sounds. Q: Just before the ambulance arrived, did it appear that the PUC was no longer breathing or had no pulse? A: Yes. Q: Were there any attempt at CPR conducted? A: We do not have the proper equipment. Q: How long before the ambulance arrived, was there no breathing or pulse coming from the PUC? A: About 2 minutes prior to the ambulance arrival, I had breath sounds coming from the PUC, but between that we could not see his chest rise and fall. Q: How long has the PUC been at the Bagram Confinement Facility? Page 1 of Pa es erson Making Statement DA Form 2823-FOR OFFICIAL USE ONLY-Exhibit - OFFICIAL USE ONLY-Exhibit: DODRTOA 11853 s 014-02-CID369 J3533 Statement of SP(-taken at Bagram Airfield, Afghanistan, APO AE 09354, on 4 Dec 02, continued: A: Not specifically. Q: How long had he been in the Isolation Cell Block? A: Since he has been there at th- acility. Q: Did you assist SGT-'th fe m the PUC? A: I was in the room w en SPC -and SG'-were feeding him. Q: What did-rve when they were feeding him? A: SPC-offered him some bread and then the PUC spit at him. We gave the PUC some water, but he drank only a small amount. The PUC would not eat or drink, so we left the cell. Q: When SPCIIIIMas spat at by the PUC, did SPCIIIIIIIIFstrike the PUC? A: No. Q: Since the PUC had been in Isolation, how would you say his eating patterns have been? A: I would say that he refuses most meals, but sometimes eats the bread and fruit. Q: During any of the altercations with the PUC, are you aware if any personnel struck him? A: I heard nothing about the previous altercations. Q: Have you heard of any of the guards striking the PUC's? A: No. Q: After being notified that the PUC was slumped over, how was the PUC positioned after you entered the cell? A: He was still standing up due to his restraints. Q: Was his restraints around his neck? A: No. Q: Did it appear that he injured himself due to the restraints? A: No. Q: Are you trained as a medic? A: Not in the Army. I am qualified as an EMT. Q: Is this statement in your own words and typed by this agent? A: Yes. Q: Do Ail anything-to add to your statement? A: No ///End of Statement/// Page 2 of 3 Pages Initials of Pers-aking Statement DA Form 2823 FOR OFFICIAL USE ONLY-Exhibit: Exhibit: C3 DbcSkZigiVg.'43NLY 013 -02-CID369 23583 taken at Ba am Airfield Af anistan APO AE 09354 on 4 Dec 02 Statement of SP continued: AFFIDAVIT THISHAVE READ OR HAD READ TO ME - , STATEMENT WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE 3. I FULLY UNDERSTOOD 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 I SPC- HOPE OF BENEFIT OR WITHOUTITHOUT COERCION,HAVE MADE THIS STATEMENT FREELY HME AUNISNT, W REWARD, WITHOUT THREAT OF P UNLAWFUL INFLUENCE, OR UNLWFUL INDUCEMENT. o erson ign WITNESS:-Subscribed and sworn to before me, a person authorized by law to day of December, 2002, at Bagram Airfield, administer oaths, this 4th (Signature) Afghanistan, APO AE 09354 (Printed Rank, Name) (Unit) th)(Si SA i nary olice Detachment (CID) 871 WITNESS: Bagrarn Airfield, Afghanistan APO AE 09354 (Signature) Article 136, UCMJ (Authority to Administer Oaths) (Printed Rank, Name) (Unit) Page 3 of 3 P es Exhibi M Exhibit nMaldngSStatement FOR OFFICIAL USE ONLY so er r NPPso DA Form 2823 FOR OFFICIAL USE ONLY DODDOACI6e1=11(856e-4—C-- 0134-02-C1D369 .A3553 Sworn Statement LOCATION: Bagram Airfield, Afghanistan, APO AE 09354 DATE: 4 Dec 0 TIME: 1(121 NAME: SSAN: RANK: SGT/E-5/National Guard ORGANIZATION: A Company, 519 th Military Intelligence Battalion, Bagram Airfield, Afghanistan, APO AE 09354 want to make the following statement under oath:I, SG Q: SA A: SGT Q: What was your position with Mr. Habib ULLAH? A: Lead interrogator for Mr. ULLAH. Q: How many times did you interview Mr. ULLAH? A: Three times. Q: When you interviewed him did he ever appear ill? A: No. Q: Did he complain about any illness, pain or injury? A: On 2 Dec 02, just before we were ready to finish up the interview, he stated, through the interpreter, that he had a pain in his lower left abdomen. The way he depicted this was by placing his hand on his abdomen. Q: Do you know if he received treatment? A: I informed the guards about this, and it was their responsibility to get him medical attention. Q: Did you believe that he had a pain? A: I know that many of the detainees will often fake a pain or injury in order to get out of the interview, or to be uncooperative. Mr. ULLAH made the comment about his injury at the end of our interview, so I am not sure. Q: Any other medical problems that you noticed? A: On 2 Dec 02, when he was with me he was hacking up large green or white phlegm. I don't know if this was because of any health problems or because he had been previously taking "Neswa", a sort of tobacco or herb that a lot of Afghans use as a chewing tobacco. I have been told that when they do not use it for a period of time they build up a sort of phlegm. Q: Did you see or know of guards that struck Mr. ULLAH? A: No. Q: Did you see or know of guards striking any of the detainees? A: No. Q: What was Mr. ULLAH like when being interviewed? A: He seemed to me to be very coherent and healthy, although I know that when the guards were bringing him to the interview room, he would always be uncooperative and would sometimes have to be carried by the guards. Page 1 of 2 Pages in Making Statement FOR OFFICIAL USE ONLY Exhibit: 7 D Form 2823 DO D Daes9,,1 Dilt56 0134-02-CID369 023533 Stateme -taken at Bagram Airfield, Afghanistan, APO AE 09354, on 4 Dec 02, continued: Q: Mr. ULLAH was supposedly made to stand for long hours and he was also in restraints. Is this uncommon? A: No there was nothing out of the ordinary about his treatment. If a detainee was uncooperative, he could be restrained; or if we wanted information out of him, then we could deprive them of sleep by making the detainee stand for long periods of time, or not allow him to go to sleep. The detainees are closely monitored in and outside of the booth while receiving any form of special treatment. Q: Is th.-tement in your own words and typed by this agent? A: Yes. Q: Do you have anything furi dd to your statement? A: No ///End of Statement,// AFFIDAVIT I, SG AVE READ OR HAD READ TO ME THIS STATEMENT 1111111111111.1 WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTOOD 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,0T COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT 111M111111-- WITNESS: (Signature) Subscribed and sworn to before me, a person authorized by law to administer oaths, this 4th day of December, 2002, at Bagram Airfield, Afghanistan, APO AE 09354 (Printed Rank, Name) (Unit) (Si g Oath) WITNESS: S 87th Military Police Detachment (CID) Bagram Airfield, Afghanistan (Signature) APO AE 09354 Article 136, UCMJ (Printed Rank, Name) - (Authority to Administer Oaths) (Unit) Page 2 of 2 Pages S FOR OFFICIAL USE ONLY Exhibit: 7 DA orm 823 DODDIQACID11857 v¦ 0134-02-C1D369-23533 Sworn Statement LOCATION: Bagram Airfield, Afghanistan, APO AE 09354 DATE: 5 Dec 02 TIME: NAME SSAN: RANK: SPCE-4/Reserves ORGANIZATION: 377th Military Police Company (Bagram Confinement Facility), Bagram Airfield, Afghanistan, APO AE 09354 .0111SPC want to make the following statement under oath: 3 Dec 02, I assumed duties at 0900Z, in the Isolation Block Delta, at the Interment Detention Facility, in Bagram Afghanistan. At 0900Z, I had to move PUC #412 to cell #7, so the Engineers could reinforce the doors in the Isolation Block Delta. Upon entering Cell #6, #412 was let down from hanging. He was told to walk and would not do so. I then got assistance from another soldier to help me carry #412 to Cell #7. PUC #412 laid down and refused to walk. We then had to carry #412 back to Cell #6 after the Engineers finished. Then at 1115Z, I removed one of PUC #412's cuffs to untangle him because he repeatedly swung in a circle and wrapped his chains. PUC #412 then resisted and pulled away from me, with one hand free, #412 tried to grab my hand, scraping skin off of my. middle knuckle, then he tried jabbing me in the chest. I then got separation from #412, cuffed the loose cuff back to the chain on the cuff that was still attached. I then locked the cell and got help from two other soldiers. The three of us struggled to get the PUC handcuffed again and had to use wristlocks and common perennial hits to the thigh to get the PUC' s attention in order to recuff him. At 1200Z, I removed PUC #412 from hanging position so that the PUC could eat chow and pray. PUC #412 then made steps toward the open cell door and I used a wrist lock and pulled on his hand shackles and pinned him on the far wall of the cell. I regained control of the situation and backed out of the cell. PUC #412 was consistently non-complaint, and I got help from other soldiers to re-hang him. As soon as PUC #412 was strung up, he then tried using his chains on his cuffs as a saw and tried cutting through the handcu.ffs that were holding him up. The time was 1235Z. PUC #412 constantly tried to pull off his hood. I reported this to the SOG and was instru-give the PUC a slight common perennial strike and pull his hood back down. SSG -the SOG) observed the three different times I struck the -the thigh. PUC #412 eventually stopped trying to grab his hood. I then told SPC-at the end of the guard shift that I was instructed to do so, and that PUC #412 ha not pulled off his east an hour, and that the PUC had finally learned what n_ot to do. I then told SPC that I used the common perennial strikes but only that I got the authorization to do so. him that PUC #412 had to be forced to do anything and eve 'n and that SPC should read the incident logbook. I also inst d SPC-was non-complaint and would not do anything that I asked him-to do. Q: SA A: SPC Q: Describe the common perennial strikes? Page 1 of 3 Pages I­son Making Statement DA Form 2823- FOR OFFICIAL USE ONLY Exhibit:' DODD0Q4CID411858 Le v /Th )0134-02-CID369-23533 Statement of SPCOMMINF, taken at Bagram Airfield, Afghanistan, APO AE 09354, on 5 Dec 02, continued: A: Kneed him in the "IT" band which contracts after being hit and causes the individual pain. It is one of the pressure point compliant techniques. I believe the nerve mass on the outer part of the thigh is called the "IT" band. Q: When you struck PUC #412, was that the only place that you did so? A: Yes. Q: Did an one e e strike the PUC? A: SPC-id a common perennial strike to his thigh also. Q: Did SP •-strike the PUC anywhere besides the thigh? A: No. Q: What day did all of the aforementioned incidents occur on? A: On 3 Dec 02, in about a six hour span. Q: Do you know if any guards had struck PUC #412, other than what you have stated? A: No I do not know. Q: Describe how the PUC was hanging? A: At first there were two sets of cuffs around his wrists, a short set and a longer chained set. I decided to remove the short set, because it looked like the short set was cutting off his circulation. There were two sets of long chained cuffs that were attached to the cuffs around his wrist and then attached to the ceiling. He had his wrists in front of him the entire time. Q: Was he ever hung with his hands spread out? A: Not when I was in there. Q: Did you work with the PUC on 2 Dec 02? A: Not that I remember. Q: Were you aware that PUC #412 had informed MI personnel that he had a pain in his abdomen? A: It was written on our board that PUC #412 had complained about stomach pains and that is why he was spitting, however, the doctor had apparently examined him on 2 Dec 02, and could find nothing wrong with him. Q: Who was the Doctor that examined PUC #412? A: I don't know who that was. Q: Was it a doctor that was permanently within the Detention Facility, or would the PUC have been transported to the hospital? A: It was someone that came from the hospital that examined the PUC in the Detention Facility. Q: You stated PUC #412 tried to jab you in the chest, how did he do so? A: He closed his fists and tried to punch me in the chest repeatedly. Q: When the PUC attempted to escape his cell, you used a wrist lock, describe this? A: I had a hold of his chain to put the other cuff back up, at that time he tried to get out, so I pulled on the chain and pulled him into the chain so that I could restrain him. Q: Did the PUC ever complain to you that he was hurt or injured? A: No. Q: Did the PUC appear to be hurt or injured? A: No. Q: Is this statement in your own words and typed by this agent? A: Yes. Page 2 of 3 Pages n Making Statement 3 DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: DOROA-9Jp:11859 (--"‘ 0134-02-C1D369-23533 Statement of SPC1111.111Ptaken at Bagram Airfield, Afghanistan, APO AE 09354, on 5 Dec 02, continued: Q: Do you have anything further to add to your statement? A: No.///End of Statement/// AFFIDAVIT I, SP HAVE READ OR HAD READ TO ME THIS STATEMENT WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE 3. I FULLY UNDERSTOOD 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, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT..., WITNESS: (Signa ure o-g.ent) (Signature) Subscribed and sworn to before me, a person authorized by law to administer oaths, this 4 th day of December, 2002, at Bagram Afghanistan, APO AE 09354 (Printed Rank, Name) (Unit) (Si-g Oath) WITNESS: SA 8787 Mth •ili•tary Poltary • -Detachment (CID) Bagrarn Airfield, Afghanistan (Signature) APO AE 09354 Article 136, UCMJ (Printed Rank, Name)-(Authority to Administer Oaths) (Unit) Page 3 of 3 Pages Initials of e along Statement DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: a DODDPACID11860 GI (iv k FIELD TESTAANALYSIS OF SUSPECTED CONTROLLSUBSTANCES CID Regulation 195-1 TO:. , FROM: ‘ 1.1.0,4.,prt.c. G \C:.e.-..r.--. SC 6c \ (41--. gini.mi) CI).er.(.:c ¦ 4:1) Cfk-,-) cz) • Pt's.(A, e-.6,R 39-A Formal laboratory analysis of the described eyidence will not be conducted unless specifically requested for presentation in court-martial proceedings. When such examination is necessary notification. If no request is received to submit evidence for laboratory analysis the described items will be destroyed forty-five days (45) from date of field testing. TITLE: -4,4-W--.tj...1,c1-6-r . -.si-MA NJ 61.7 `D. &cert. \ • CID ROI/SEQUENCE NUMBER DATE OF TESTING 0134-02-CA0 3 69— 23 S3 3 "I VE c c.72. ITEM NUMBER DESCRIPTION OF ITEM TESTED FIELD TEST UTILIZED RESULTS t‘-/1/4 OLke t-3,ZL.5 -LANs\-C-. .,,,,. _,...„-,..._4,.ve40:1-kv,L1.0c:,A e_-G-Ac.c-%sr \ Tes:r Vcc-DS N..c..4zsrv-s E, 9- -c (1--t p\.p. l'!--‘)-‘..-k.A 1,1 (4 tsk-E-c\e...-e, S.V..6.-fs,661-4 1,16‘.. c,-7.-,,,5 6.-c. rt.... tr-.\ S-IN%c) G C--r,6=4".Yr "T4- SI-.\e- vc.4 Lk 7._ Orexa- t thl ;Ar.k.-cAc,e- k.c2.-E ft 1' C' 'Cr' tt,leC,1/4 "-‘%..) 6.7-0A-- c_.° oct, t c...1 6- S.ScA6cA-6,3.C o c,a) ‘,...3E- \--E&S'-'.4-It-.cto(k 4.4.sr freizi — 17/ iii TYPED/PRINTED NAME SIGNATUR DATE flAr%11111 CID FORM 36-E. Previous edition of this form are obsolete . ,..N‘Q vs. _1 e. CRq-% C+N L txse LP. STATENT OF RECOGNITION OF [... *.LEASED For use of this form see FM 10-63. Proponent agency is TRADOC. PRIVACY ACT STATEMENT • AUTHORITY: 10 USC Sections 1481 through 1488. 61 3 q-oz.-cht, 3 t y- —2 3.5-3 PRINCIPLE PURPOSE: To establish initial identification of deceased personnel. ROUTINE USE: For documentation of visual identification of deceased personnel. DISCLOSURE: Disclosure of required information is voluntary and will in no way affect or jeopardize the individual effecting the visual identification of the deteased person. 1. INFORMATION ON DECEASED a. NAME.(Last; First, Middle Initial) b. RANK c. SSN i 131---c-Ila. d. ORGANIZATION e. SERVICE COMPONENT 11424 (LA r-,‘ (E.:-c-61.4.^7.) a )-.4 -FAcit-ti—r 0-po oE.ocs•.,t--k 2. I HAVE PERSONALLY VIEWED THE REMAINS IDENTIFIED ABOVE. RECOGNITION IS BASED ON THE FOLLOWING: a. SEX b. APPROXIMATE AGE (Years) c. APPROXIMATE HEIGHT d. RACE e. HAIR COLOR (If brown, indicate light or dark, as applicable) f. BUILD/MUSCULARITY 'Slender, medium, heavy or obese) t,I\C.`A CV..ASIkOLG VI) xwave1 webrum g. IDENTIFYING MARKS (Fully describe by type and location ALL known scars, tattoos, birthmarks, amputations or other body markingslcriteria to support the identification (if none, so state)) ... h. RELATIONSHIP. TO DECEASED (CDR, ISG, Friend, Brother, etc.) i. LENGTH OF TIME YOU KNEW DECEASED (Number of months or years) CS-A 6 RAM Oei-Ecii b NS.A2 6 c.‘x... v\--1 s—uk.DPoi 5 e\YEivi\i()-S,1-1tPT-.0 t. c- J. REMARKS _ 3. DETAILS OF VIEWING b. TIME • C. PLACE '' ti6c, ..00 )---4 1!-k C C) \ LO-\, c.,,,\ . 1\tatv-kcN4 AcRIA-At.., beic.por, t.,f m50 ,e,.oybsut a. DATE 4. PERSON MAKING VISUAL IDENTIFICATION a. NAME (Last, First, Middle Initial) b. RANK I GRADE c. SSN d. ORGANIZATION r .3 1/7v-7- .r-ref' )1-174, z– lrIIIIIIIr f. DATE SIGNED .•.• 6 o Z- 5. WITNESS I CERTIFY THAT THE INDIVIDUAL IDENTIFIED IN ITEM 4 HAS VIEWED THE REMAINS IN MY. PRESENCE, THAT TO THE BEST OF MY KNOWLEDGE THE ABOVE STATEMENTS ARE TRUE, AND THAT THE REMAINS HAVE BEEN PROPERLY TAGGED AS THE ABOVE NAMED DECEASED. a. NAME-(Last, First, Middle Initial) b. RANK' -c. TITLE %,1.C.ti\ (, 'ASPJ qU.0)(.. • 4.,c1-v"( e. DATE SIGNED f. ORGANIZATION d. SIGNAT bec .. %.4,,,,m 0 WI' C c.c c)'..c .(I& Tr-G,S1.4 (3\ -eat. WI. .- 11f1 CrtOrrt CAC et in as... 15015PMWaijrPtlieiete: ,c--",-/A,L7.-- =7;"..../.• •-•-•.— ,.,--, ., 0 1.•—¦ C.. a}...2 CERTIFICATE OF DEATH (OVERSEAS) Acte de aces (D'Ouire-Mer) NAME OF DECEASED (last, First, Middle).Nom du decade (Nom at pier-1°ms) GRADE-Grade BRANCH OF SERVICE SOCIAL SECURITY NUMBER Arme Numero de ('Assurance Sociale ULLAF1,HABIB ORGANIZATION-Organisation NATION (e.g., United States) DATE OF BIRTH SEX-Sexe BT 412 Pays Date de naissance BCP, BAGRAM AIR HELD, AFGHANISTAN FA MALE-Masculin . FEMALE-Ferninin RACE-Race MARITAL STATUS-Etat Civil RELIGION-Culte PROTESTANT OTHER (Specify) CAUCASOID-Caucasique SINGLE-Celibataire DIVORCED Protestant Autre (Specifier) Divorce CATHOLIC Catholique NEGROID-Negraide MARRIED-Marie X MUSLIM SEPARATED OTHER (Specify) Separe A Autre (Specifier) WIDOWED-Veuf JEWISH-Juif X PASHTUN NAME OF NEXT OF KIN-Nom du plus proche parent RELATIONSHIP TO DECEASED -Parente du decade avec le susdit STREET ADDRESS-Domicile a (Rue) CITY OF TOWN AND STATE (Include ZIP Code).Ville (Code postal compris) MEDICAL STATEMENT-Declaration medicale INTERVAL BETWEEN CAUSE OF DEATH (Enter only one cause per line) ONSET AND DEATH Cause du daces (N'indiquer qu'une cause par live) Intervalle entre Vattaque at le daces / . DISEASE OR CONDITION DIRECTLY LEADING TO DEATH f PULMONARY EMBOLISM Maladie ou condition directement responsable de la mort. MORBID CONDITION, IF ANY,ANTECEDENT LEADING TO PRIMARY CAUSE CAUSES Condition morbide, s'il y a lieu, menant a la cause primaire Sympternes UNDERLYING CAUSE, IF ANY, GIVING RISE TO PRIMARY precurseurs CAUSE de la mort. Raison fondamentale, s'il y a lieu, ayant suscite la cause primaire OTHER SIGNIFICANT CONDITIONS 2 Autres conditions significatives 2 MODE OF DEATH AUTOPSY PERFORMED Autopsie effectuee -X-YES-Oui-. NO Non CIRCUMSTANCES SURROUNDING DEATH DUE TO Condition de tikes EXTERNAL CAUSES MAJOR FINDINGS OF AUTOPSY Conclusions principales de l'autopsie Circonstances de la mort suscitees par des causes exterieures MANNER OF DEATH: NATURAL DECEDENT WAS FOUND Mort naturelle DEFERRED PENDING COMPLETION OF SPECIAL STUDIES UNRESPONSIVE IN HIS CELLWHILE 11\T CUSTODY ACCIDENT Mort accidentelle NAS-rn du-atholo iste SUICIDE Suicide , LTC (P), MC, USA HOMICIDE DATE-Date AVIATION ACCIDENT-Accident a Avion Homicide 8 DEC 02 . YES Oui-X NO Non DATE OF DEATH (Hour, day,. Lieu de deices Date de aces (['haute, lejour, le mois, Vann BCP, BAGRAM AF, AFGHANISTAN 2014Z, 3 DEC 02- I HAVE VEIWED THE REMAINS OF THE DECEASED AND DEATH OCCURRED AT THE TIME INDICATED AND FROM THE CAUSES AS STATED ABOVE. J'ai examine les restes mortals du defunt et je conclus qua le daces est survenu a l'heure indiquee et A, la suite des causes enumerees ci dessus ficin militaire ou du medicin sanitaire TITLE OR DEGREE-Titre ou diploma TC (P), MC, USA ARMED FORCES REGIONAL MEDICAL EXAMINER GRADE-Grade-INSTALLATION OR ADDRESS-Installation ou adresse LTC (P)-LANDSTUHL REGIONAL MEDICAL CENTER DATE-Date 8 DEC 02 1 State disease, injury or complication which ca. as.e.,.. 2 State conditions contributing to the death, but not related to th. related Won causing death. 1 Prdciser la nature de to maladie, de la blessureou de la complication qui a contribud d la mort, mais non la maniere de mourir, telle qu'un arret du coeur, etc. 2 Prelserla condition qui a contribud d la most, maisn'ayant aucun ranrintrytleAnarryisionntffircioque la mort. DD FORM 2064, APR 1977 REPLACES DA FORM 3565, 1 JAN 1972 AND DA FORM 3565-RIPAS), 26 SEP 1975, WHICH ARE OBSOLETE. USAPA V1.00 1 _-_E1-4(.:a9 /0447 C /4/_ /AA--4.1 .. Mar 13 03 04:26p yr' A A -E eni.7071 -p. 2 CERTIFICATE OF DEATH (OVERSEAS) Acte de deces (D'Ou1:4-Mer) NAME OF DECEASED (Lnn. First, Middle).Nom du decade (Nom et pranoms) GRADE-Grade BRANCH OF SERVICE SOCIAL SECURITY NUMBER Arme Numera do ,'Assurance Societe ULLAH,HABIB . ORGANIZATION-Organisation NATION (e.g., United States) DATE OF BIRTH SEX-Sexe BT 412 Pays Date de naissance BCP, BAGRAM AIR FIELD, AFGHANISTAN gn MALE-Masculin AFGHANISTAN APPROX 1974 FEMALE-Faminin RACE-Race MARITAL STATUS-Etat Civil RELIGION-Culte PROTESTANT OTHER (Specify) CAUCASOID-Caucasique - SINGLE-Celibataire DIVORCED Protestant Autre (Specifier) Divorce CATHOLIC NEGROID-Negrdide ,MARRIED-Marta Cathafique X MUSLIM SEPARATEDOTHER (Specify) Separa WIDOWED- X Autre (SpEcifier) PASHTUN Vett, JEWISH-Juif •- Nom du plus proche parent RELATIONSHIP TO DECEASED .-Parerite du ddcede avec le susdit FATHER STREET ADDRESS-Domicile a 'Rue) -CITY OF TOWN AND STATE (Include ZIP Code).Ville ICode postal comprisl MEDICAL STATEMENT-Declaration medicate ., INTERVAL BETWEEN CAUSE OF DEATH (Enter ante one cause per line) ONSET AND DEATH Cause du daces IN'indiquer qu'une cause par ligne) Intervene entre r altaque et le daces DISEASE OR CONDITION DIRECTLY LEADING TO DEATH r PULMONARY EMBOLISM DUE TO BLUNT FORCE Maladie ou condition directament responsable de la mod! INJURY TO THE LEGS MORBID CONDITION, IF ANY,ANTECEDENT LEADING TO PRIMARY CAUSE CAUSES Condition rawhide, s'il y a lieu, marten, I, Is cause primaire Sympternes UNDERLYING CAUSE, IF ANY, GIVING RISE TO PRIMARY CAUSE de Ia mart. pr6ctaseurs Raison fondamentale, s'il y a lieu, eyent suscitd I. cauae primeire OTHER SIGNIFICANT CONDITIONS ? Mitres conditions significatives 2 MODE OF DEATH-AUTOPSY PERFORMED Autopsie effectude -0 YES Oul-.-. NO Nan CIRCUMSTANCES SURROUNDING DEATH DUE TO ConditiOn du daces EXTERNAL CAUSES MAJOR FINDINGS OF AUTOPSY Conclusions principales de l'autopsie Circonstances dela mart suscitees per . des causes exterieures NATURAL DECEDENT WAS FOUND Mort naturelle UNRESPONSIVE IN HIS CELLWHILE IN CUSTODY'. ACCIDENT Mort accidentelle tholo • SUICIDE- Suicide- TC CP), MC, USA HOMICIDE DATE-Date AVIATION ACCIDENT-Accident a Avian Homicide 8 DEC 02 . YES Oui-NO Non IN DATE OF DEATH (Hour,. lieu de deals Data de deces (Moire tel.. BCP, BAGRAM AF, AFGHANISTAN 2014Z, 3 DEC 02- I HAVE VEIWED THE REMAINS OF THE DECEASED AND DEATH OCCURRED AT THE TIME INDICATED AND FROM THE CAUSES AS STATED ABOVE, J'al examine les testes mortals du Mum at Is conclus quo le deeds est survenu a l'heure Indiqude at a, la suite des causes enumerees ci desaus n miltaire au du medicin sanitaire TITLE OR DEGREE-Titre au dipleme TC (P), MC, USA ARMED FORCES REGIONAL MEDICAL EXAMINER GRADE-Grade- INSTALLATION OR ADDRESS-Installation ou adresse LTC (P)-LANDSTUHL REGIONAL MEDICAL CENTER DATE-Date 14 DEC 02 1 State disease. injury or coritplication which c• 2 State renditions contributing to the death, but not related to . tion causing death. . 1 Preelser la nature de la maladie. de /a blessure au de la con. a cantribue a la matt mats two la ntanihre de month., !elle qu'un twat du cams, etc. .• 2 Prelser la condiaon out a vonalbut a la man, null: a'ayam aucun rapport aver la mukulle au 4 la condition qui a provoque (a wort.. - - -- - - - - -.- -- - - -- REPLACES DA FORM 3565, 1 JAN 1972 AND DA FORM 3565-RIPASI, 26 SEP 1975, WHICH ARE OBSOLETE. USAPA V1.00 D OAC I D 1 1 8.64 c­ Ftc/Az. 013402C1D36923533 - Sworn Statement LOCATION: Bagram Airfield, Afghanistan, APO AE 09354 DATE: 10 Dec 02 TIME: NAME: SSAN: RANK: SSG/E-6/Reserves ORGANIZATION: 377th Military Police Company (Bagram Confinement Facility), Bagram Airfield, Afghanistan, APO AE 09354 I, SSG , want to make the following statement under oath: On 2 Dec 02, I was working in Isolation #1 at the IDF. While on duty I encountered many problems with inmate #412. At approximately 1945hrs, I entered cell #6, #412's cell. I entered to retrieve his food, which he refused to eat. At that point I also had to put his pants back on because he found some way to get them down to his ankles. I chose to let him stand free, but not sit down for a period of time to be determined on his actions. At 2100hrs, I observed #412 lying down on the cell floor. I contacted Control (SG and he assisted me as we entered the ^ cell to place #412 back up and in restraints. As I told -to stand up he shook his head no. I told him again and again to stand up and he would not. I grabbed him by the arms and lifted him up and against the wall to place the restraints on him. Just as I was holding his arms against his body he struck the right side of my chin with his left fist. He was pinned against the wall and restraints placed on him. We then placed a hood over his head and placed him in corrective restraining. At this point we exited the cell. Q: SA A: SSG Q: The times above, are they local time or Zulu time? A: Zulu. Q: After you left the cell around 1945hrs, what type of restraints did #412 have on him? A: He had on hand and leg shackles. Q: What type of restraints did he have on him after the incident at 2000hrs? A: He had one long cuff on each arm which going attached to the ceiling, so his arms were raised up over his head at a slight angle. Q: When #412 hit you, did you strike him back? A: No I did not. I 'List held him against the wall, while SGT1111111restrained him. Q: Did SGT-strike him back? A: No. Q: Other than guards striking areas such as common pressure points, did you know of any guards striking detainees? A: Just strikes in the common perennial areas, other than that no. Q: Did #412 tell you or complain about any injuries after the incident on 2 Dec 02? A: Not at all. Q: Did #412 ever tell you or complain about any injuries? A: No. Q: Were you working at the same time on 2 Dec 02, that he was interrogated by MI? Page 1 of 2 Pages Initials of Person Making Statement DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: / 3 DODDOACID11865 9c 0134-02-C1D369-235 33 taken at Ba ram Airfield Afghanistan APO AE 09354 on 10 Dec 02Statement of SSG continued: A: I was on the night shift, so I am not sure if he had been interrogated during the dy. Q: When you came on shift were you informed or aware that BT 412 had complained to the MI about a pain or injury in his abdomen? A: Not that I was aware of no. Q: Is this statement in your own words and typed by this agent? A: Yes. Q: Do you have anything further to add to your statement? A: No.///End of Statement/// AFFIDAVIT HAVE READ OR HAD READ TO ME THIS STATEMENT I, SSG 111101100 WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTOOD 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, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. (Signature of Person Making Statement) WITNESS: Subscribed and sworn to before me, a person authorized by law to (Signature) administer oaths, this 4th day of December, 2002, at Bagram Airfield, Afghanistan, APO AE 09354 (Printed Rank, Name) (Unit) (Signa SAWITNESS: 87' 1 itary Police Detachment (CM) Bagram Airfield, Afghanistan MO AE 09354 (Signature) Article 136, UCMJ (Authority to Administer Oaths)(Printed Rank, Name)­ (Unit) Page 2 of 2 Pages Initials of Person Making Statement DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: /3 DODDOACID11866 ROI NUMBER AGENT'S INVESTIGATION REPORT 0134-02-CID369-23533 CID Regulation 1951 - Page 1 of 9 Pages DETAILS bout 1110Z, 16 Dec 02, SA-advised SPC 377th MP Co, BAF ights, which he waived, and rendered a swo statement e ai mg is ow-of this incident. SP indicated he had not s-412 or-He did indicate SPC 377 MP Co, AF did have kneel-11i a few times in t e commo-ennial ombative and SPC-did not know how many times SPC -kneed-SPC 'ndicated tha as no wa ing impaired or with a limp when he saw im, ut was impaired by the leg shac es. SPC indicated he has heard of other guards that had to knee some of the Persons Under Control (PUC). SPC indicated he did not strike any detainees with an -• strument, and had not witnessed anyone else o so. (See Waiver Certificate and Sworn. Statement of SPC -for details) bout 1515Z, 16 Dec 02, SA-advised SGT­, 377th MP Co is legal rights, which he waive , an ren ered a sworn statement detai mg is ­e ge of t is incident. SGTindicated he was in charge of informing the PUC's of the rules and what their number was dun• processing. lluring his t e BT-412 became combative and he brought his right knee up and hit him (SGT ­, in the'genital area. SGT-then grabbed BT-412 by the sides of his head-at him about this incident. During thisconfronts ion, T-412 had to be wrestled to the ground by SGT ­ nd two other guards. When BT-412 was rought up, he grabbed one of the other guards at which point, SG ­had to apply a gooseneck come-along holdo subdue him. nother move, BT-412 became combative with a Crash team. BT-412 stepped on someone'stried to move his leg, a-•-• e, BT-412 squeezed his legs together and pinned SGT etwee-. At that point, SGT­ id strike BT-412 in the common perennial area of his thighee. SG-admitted to striking BT-412 in the thigh area due to his comba• -iiiiiHe did not observe anyone else striking any of the PUC's. (See Waiver Certificate and Sworn Statement of SGTii for details) bout 1644Z, 16 Dec 02, SA-this office, advised SPC-77th Co, BAF, rig ts, which he waived, and rendered a sworn statement detailing hisowled*incident. SPC dicated BT-412 was combative every time that he was in his presence. SGTadmitted to SPC o striking BT-412 twice in the thigh due to his combativeness. He did not observe any of erguards striking the PUC' . (See Waiver Certificate and Sworn Statement of SPC -or details) bout 0515Z, 17 Dec 02, SAadvised SPC­ 377th MP Co, is legal ights, which he waived, and rendered a sworn statement detailing his knowledge of this incident. SPC relatedT-412 was very combative and non-compliant. BT-412 wa talking and not following instructions. BT-412 ound his cuff chain into a ' ing in the cell. SPC ent in to untwist the chain and BT-412 tried tounch him in the chest.-had to get help to re-cuff B 2. Later, BT412 tried to remove his hood so he could spit. SPC-­ then calle th of the Guard (SOG), and was informed to pull down the hood, andgive him a common perennial strike. SPC admitted to striking BT-412, 5 times in the middle of the outer thighith his knee due to authorization obtaine formthe SOG but did not observe any other guards striking the PUC's. (See aiver Certificate and Sworn Statement of SPC or details) bout 0832Z, 17 Dec 02, SAIIIIMinterviewed Mr. 111111111111111.1.111,terpreter, BCP, TYP.NT'S NAME AND SEQUENCE NUMBER ORGANIZATION SA 87th Military Police Detachment (CID)(FWD)(ABN) Bagram Air Field, APO AE 09354 DATE EXHIBIT - 23 Dec 02 '0611 1i 1,7 GliDt13B6NLY 1 FEB 77 ROI NUMBER AGENT'S INVESTIGATION REPORT 0134-02-CID369-23533 CID Regulation 1954 Page 2 of 9 Pages DETAILS BAF, who rendered a sworn statement detailing his know of this incident. interpreter when Military Intelersonnel, name o, 519th-AF), and-identifie Co, 51-, AF)interviewed-During the interview of dicated-ought that­ would no ns truthfully, hi I .ngered her. his cell when the interview was complete. MR 111 id not strike ut did, observe ab eard an. -• Pg is ears with her ha m in the genital a, punc in his chest, an once put her foot on top of-e are feet.-M.r. also ob ush against the wall about two to three times during t e interview. (See Sworn Statemen of Mr. for a rtional details) bout 0930Z, 17 Dec 02, SA advised SPC his legal rights, which he waived, and rendered a swo stateme t detailing his knowle ge of t is incident. SPC elated he was the lead Interrogator in the questioning o and was there for all five of ogations ed he had no dealin s W BT-412 and never saw him. first three interrogations o , SPC A Co, 5191 u1-, BAF, I), an Interpreter, were in the interrogation room. • unng Efilliis-• ., nd Mr. were in t-interrogation, SPC Co, 519 and-, Interpreter, BCP, B , was wit SP • admitte g-c othing four times and putting him up-e wall, and to pl. •1. I right foot on the bac o le ee o get him in the kneeling position. SPC id observe SGT utting her h shoulders and push down to make im go to his knees, and grabbed his ears once up. SPC observed an unknown MP punch on two occasions for twelve times total esisting the guar• s, bu he blows were on his side. (See aiver ertificate and Sworn Statement of SPC for details) bout 1200Z, 17 Dec 02, SA-advised SPC-his legal rights, which he waived, and rendered a swo statement detailing his knowledge of this incident. SPC -elated his job during the interview was to write notes o ody position-hing else that he noticed. BT-412 came into the interview room -er his own •ower-b said that during the first interview with BT-412, they (SPC -and SGT A Co, 519th MI BN, BAF) just had him tell his story, and did not forcibly ask him any questions. Nett e one ever orcibly laid their hands on BT-412, except to calm him down by placing their hand on his shoulde -th interview was complete, BT-412 left under-ower, escorted MP's. The first-rview with conducted on the evening of 9 Dec 02, by SPC-nd SP ith Mr. s the interpreter ed in by the MPs beca aid that is legs hurt relate as struck by the MPs. SP rview, but ould not respond. SPC anted o stand up,, but he would no hind and placed his and der his armpits and elped him up. After a fe said he was tired, so SPC-ad the MP in the room lean-gainst the wall. SPC-ha ink some more wate-time later, two other MP's • eluding t e SOG came into th room and escorted ack to his cell. SP-tated he did not strik--412, and did not obsery anyone strike any o C's. (See Waiver Certi irate and Sworn Statement of SP -or details) Agent Coniments: SPC -the-identified in other statements. TYPED AGENT'S NAME AND SEQUENCE UMBER ORGANIZATION SA 87th Military Police Detachment (CID)(FWD)(ABN) Bagram Air Field, APO AE 09354 SIGNATURE DATE 23 Dec 02 EXHIBIT / 11 CID FOR 1 FEB 77 N LYFINVR5Pceit Met, '9 1 \02 t 6G -7­-C ROI NUMBER AGENT'S INVESTIGATION REPORT 0134-02-CID369-23533 CID Regulation 195-1 Page 3 of 9 Pages DETAILS bout 1514Z, 17 Dec 02, SA-advised SG er legal rights, which she • , and rendered a sworn statement detailing her knowle ge of this incl sated she spoke to one time, and that was about a day and a half before he died. SGT-ind SPC started going over tthe asic questions pertaining to he time of his capture and basic aphica . BT-421 would sort of answer questions and some questions he would give a vague answers. SGT-indicated BT-421 would not stay in the corre position they put him in as he would stand up and try to sit on the ac of his heels when he was kneeling. GT -related the non-compliance .got to the point that BT-421 was not looking at her, but at the interpreter. SGT -e. grabbed BT-421 on both sides of the ead and turned his head towards her. She then held his chin in place so t a T-421king at her as he kept trying o turn away. When BT-421 was on his knees, he had them closed together, so SGT took her foot and went back and forth spreading his knees apart. The last time BT-421 was on his knees, they went to go get the guards and two came. When the guards went to prep BT-421 to go downstairs, he pushed the oved away, so the guards tackled him. The the then walked him downstairs with help from other guards. SG -related that less than an hour later, she saw T-421 in the airlock with his hands up. The guards went in there and BT-421 was kicking at them. It took a bunch of guards to pull BT-421 out of the airlock. When they got BT-421 out of the airlock, there were about five guards wrec• ith him. Then the guards put him on a litter and handcuffed him that he could not fight anymore. SG said that was the only contact she ever had with BT-421. SGT denied ever striking BT-421 or having any involvement with BT-412. She did observe other guards strik . B -4 1 I uring the airlock incident due to his combative ehavior. (See Waiver Certificate and Sworn Statement of SGT or details) bout 0555Z, 18 Dec 02, S ewed Mr.-who rendered a sworn statement detailing his owledge of this incident. stated he ad no dealings-other than to ask him a few questions or to give him a few commands ds or others. Mr.-tated BT-412 seemed to be in good health and appeared to be well. MR stated he was in the oot with BT-421 on his last interview at about 0300 to 0400, 10 Dec 03. He stated that when BT-421 entered the booth, he wal '- • wn power -he d ro-lems ng.-did no-look well and there was a scratc on his nose. MR.-ated-s PC and SPC as the lead interrogator, but id most of the ere the interrogators with ques lolling. MR sta ed BT-421 kept saying he was tired Auld not remember anything. BT-421 asked for some water, so ent to-bottle of water for him to drink. ade a small hole in the bottom of the bottle for some reason. At one point,t-old BT-421 to get on his knees, bu e refused. -nen asked the guard to make T-421 get on his knees, so the guar tried to force him to his knees, but BT-421 woul no do it. The guard then kicked BT-421 on the back of the knees to try to for -to kneel, he did not kick him hard, just enough to try to get him to eel. BT-421 said he was falling-., so-ook some water and poured it on BT-421's head and shoulders, which ind of jolted him. At that point, e interrogation, and BT-421 was take " by lig He was alking under his own power. MR. -denied trikin BT-421, but did observe-(SG and ick some of the detainees. (See Sworn Statement of Mr. -for additional details) bout 0648Z, 18 Dec 02, SA1.111P-interviewed Mr.-nterpreter, BCP, AF, who rendered a sworn statement etailing his knowledge o t is mei•ent. -re ated that about a day efore BT-412 died, he and two unknown interrogators, were interviewing BT-412. --412 was brought into the room here he sat on the floor with his hands behind his back and eased himself down to the floor. The two interrogators interviewed him, but did not go near him, because he was spitting up a lot of phlegm. The interrogators never hit BT-412 TYP D AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION SA 87th Military Police Detachment (CID)(FWD)(ABN) Bagram Air Field, APO AE 09354 SIGNATURE EXHIBIT 23 Dec 02 iy CID FOR 1 FEB 77 ED D DwA 111.11 ONLY \aC, )CO ROI NUMBER AGENT'S INVESTIGATION REPORT 0134-02-C1D369-23533 CID Regulation 195-1 Page 4 of 9 Pages DETAILS or ever touched him. BT-412 complained about a pain in his chest and said that he had to throw up. MR. stated that , he thought BT-412 was faking the throw up part, because every time the interrogators would ask him sensitive que •.ould act as if he had to throw up. When the interview was finished, BT-412 was released to th guards. MR..de.triking BT-412 and stated he did not observe any other persons striking the PUC's. (See Sworn Statement of r..for additional details) bout 0750Z, 18 Dec 02, SA .interviewed Mr.. Interpreter, BCP, BAF, who endered a sworn statement detailing his ledge of this incident. MR.related he was an interpreter 1 I s andahar before coming to BAF. MR ..aid he did not remember any contact with . 1 at all.. He stated h ad contact with BT-412 one time, but con not recall anything about that session. MR .iso related he did no emember anybody hitting BT; using him in any way. If anyone had done that, he would have remembered i and reported the matter. enied striking BT-412 and did not observe anyone else striking BT-412 (Se Sworn Statement of Mr. or additional details) bout 0925Z, 18 Dec 02, SA.advised SPC 1 rights, which he waived, and rendered sworn stat fling his knowledge of this incident. SPC d he never had contact with BT-412. SPC did conduct the initial interrogation along with PC . He related BT-421 was rougl Into t nerrogation room with hood over his seated. SPC emoved the hood from BT- 21 to ask him questions. SPC .111111nd SPC.never placed there hands on BT-421, except to remove he hobd. When the interview was completed, B .was escorted out of the room b he MP's. SPC enied striking BT-421. (See Waiver Certificate and Sworn Statement of SPC .or details) bout 1300Z, 18 Dec 02, Szillintadvised SPC . .Co, 519th MI Bn, BCP, BAF, f If Ce . 1 rights, which he waived, and rendered a sworn s tment etailing his knowledge of this incident. SPC elated.o involvement with BT-42 .• interview BT-412 about three different times with SG SPC stated neither he nor SG ever placed their hands on the PUC, except when SPC laced his hands on BT-412 to guide him to lean on a wall, which only happened in the last interview. SPC stated that during all of the interviews, BT-412 was either sitting down on the ground or ' ' SPC aid that whenever the MP's would bring BT-412 into . .hey would always tell SPC.to tel T-412 not to kick his cage and stop being uncooperative. SPC .denied striking BT-412, but did observe the ards restrain detainees while in processing them because the detainees tried to hit the guards. (See Waiver Certificat andSworn Statement of SPC.for details) . About 0740Z, 19 Dec 02, SA.M .dvised SPC1. A Co, 519th MI Bn, BCP, 11111111 1111111111P AF, of his legal rights, which he invoked, and requested a lawyer, at which time t e interview was immediatel erminated. gent Comments: SPC111111111vas then.entioned in other statements. . bout 0804Z, 19 Dec 02, SATIRIPadvised SG chis legal rights, which he waived, and rendered a swo statement detailing his knowle ge o t is incident. SG related he,did not have any dealings with BT-421. SG Typ SEQUENCE NUMBER ORGANIZATION SA 87th Military Police Detachment (CID)(FWD)(ABN) Bagram Air Field, APO AE 09354 SIGNATURE DATE EXHIBIT 23 Dec 02 1011.1r. I Lt CID FOR 4 .bbijaWlibilWaNILY 1 FEB 77 ROI NUMBER AGENT'S INVESTIGATION REPORT 0134-02-C1D369-23533 CID Regulation 195-1 Page 5 of 9 Pages related he interviewed BT-412 about three times, but could not remember the specifics of the interview. SG related BT-412 looked healthy, coherent, and acted natural. He said BT-412 walked in and out on his own powe first s. But the third session, BT-412 had to be carried in by the MP's, but walked out under his ow ower. SG .'aid it appeared BT-412 did .as though he could not walk. It looked as though he was being uncooperative and did not want to walk. SG .denied ever strikin BT-412 and did not observe any others striking the PUC's. (See Waiver Certificate and Sworn Statement of SG 1 for details) bout 1435Z, 19 Dec 02, SA.advised SS 77th MP Co, BCP, BAF of his 1 G111111111111113legal rights, which he waived, an ren ered a sworn s ement detailing his knowle ge of this incident. SSG elated he was not aware of any significant involvement with BT-412. His involvement wi -421 was when e o guards to take BT-421 out of the airlock in order to clean the area around the cells. SSG related BT-421 woul est his head on the front of the cage an .everal times bumped his head on the could have caused th injury to the bridge of his nose. SSG.aid he was SOG the day he told SPC hat if needed enul strike BT-412 with common perennial s m es to the thigh to get him to stop trying to remove his hood. SS e was present during this and that the strikes ere very light and only to get BT-412's attention to listen t guard was instructing him to do. SSG.enied striking BT-412 or BT-421 and only observed SPC strike BT-412 in he coon perennial area, ecause of his being uncooperative. (See Waiver Certificate an. wo Statement of SSG.for details) bout 1555Z, 19 Dec 02, SI advised SPC. 377th MP Co, BCP, BAF legal rights, which he waiveaknowledge of this incident. SPC d n rendered a sworn statemen e m mg. elated he was on watch in the Is for day. shift. orning, BT-412 kept lifting .hood an was tol o pull it back down. Wh SP relieved SPC e afte.n, SP passed along wha T-412 was doing. SPC ate• that on o called him in ecause BT-412 woul of keep his hood down. old SPC o administer common perennial strikes if B not comply. e course o PC administered three to four strikes an SPC dministered two to three strikes. SPC .state• t e stn es were on both legs, in the thigh area, diu .amount of force, enough to where BT-412 would feel it, but not enough to really hurt him. SPC itted to striking B.-412 o four times in the thigh of both legs due to receiving authorization fro and obsery. ike BT-412 two to three time in the thigh area of both legs, based on th same authorization. SPC.ter.strikes were due to BT-412 being uncooperative. (See Waiver Certificat and Sworn Statement of SPC.for details) bout 0450Z, 20 Dec 02, SAIllitriefed COL .on the status of this investigation to date. About 0510Z, 20 Dec 02, SA .advised SSG. 377th MP Co, BCP, B legal rights, which he waived, and rendered a sworn sta e e .iling his knowledge of this incident. SSG elated he did not have any involvement with BT-421. SSG .related that during a daily br' f as S , he was to hat every time BT-412 raised his hood, the guards administers common perennial strikes. SSG .tated the onl ime he.authorize a strike, would be if the PUC was being combative or had struck or attemp e to strike a guard. SS.elated no instruments were used to strike any detainees and the batons within the facility are only for a riot. TYP AGEN ' AME AND SE UMBER ORGANIZATION SA 87th Military Police Detachment (CID)(FWD)(ABN) Bagram Air Field, APO AE 09354 SIGNATURE. DATE EXHIBIT 23 Dec 02 • 1 `f CID FORM 94 1145PMatealtleEbNLY 1 FEB 77 \( -2. L:4, 1 '3-C.