DOD Memo re: Detainee Procedures in Combined Forces Command Afghanistan

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DOD memo on the military’s on the need to be sensitive and aware of the importance of preserving good relations with the local Afghani population and joint military persons while operating in Afghanistan. It stresses the need to maintain good order and discipline and to protect human rights. It also states that detainees will be treated with dignity and respect as well as spelling out what acts are prohibited behavior.

Doc_type: 
Non-legal Memo
Doc_date: 
Sunday, May 16, 2004
Doc_rel_date: 
Thursday, June 29, 2006
Doc_text: 

F,// 0-/ea5c--
COMBINED FORCES COMMAND --AFGHANISTAN
KABUL, AFGHANISTAN
APo•AE. ewes

PFO.A

STATEN ENT OF MILITARY -PURPOSE AND NEp$S1TY.: The. citizena of -Afghanistan rernain.pFQ-A'S Center of gravity. CFC-A pereonnet havOrki tesponsibilityto treat all Afghani citizens with utmost -respect and cOurtesy. This moral and legat .Obligatitiries a member of the United Stites and Coalitiort ginned *roes necessary to ensure the partrierihipOf the:Afghani people in CFCA's dounteririskirgency campaign:. The requirements set forth in paragraphs 2 and 3 are essential to preserving U.S, f Host Nation (IAN) relations; combined operations betWeenJand: friendly forces; and to
intern good order and disciPlihO and protect human rights :within the CFC AOR. ThisOerretai. Order &Ober 2 underacre* COnduct which:10 :, prejudicialy. to the maintenance of :good•order end diecipline of.CFCA.fOrces and tinsures;thii aPprocidate level of policy Uniformity. throughout the .CFC :A AOR.
AUTHORITY: Title 10; United States J164 (c)and theUrtiforrit-Code Of Military Justiae (UCM.11 fillet° United Statis Code ; Sections $O1=940:
1. APPLICABILITY: This 'General Order Number z applicable:OAR. United: States (U.S;) military personnel; all as: tiviliana serving with,' eMPlOyedby, or accompanying. the Armed Rums of the United States; end all Coalition . ForceSWItile.01:aniewhe*,
in ithe•CFCA AOR All alternative or less reStrictive.guidante.with regardld de** end PUC handling JJoint OperatingAreaAfgharastamita here0Y;*oked -1
JSOTF forces and all forces operating under CFC-A command inti comply with the letter and intent of this ptilicy. All CFCA military and Civilian personnel Will be briefed on this order NLT 1. Jun 04. This order SuPplentents USGENTCOM GenerafOrdeeNumber.1A- and CFCrA General Order Ntimber 1. This Generai Order Number 2 reflects the tattt . that theAfghan people remain the Center ofgravity Of our operations, and' that we remain guests in their country as we conduct a cdUntat­insurgencycampaign in -partnerShip with them..
2. GENERAL REQUIREM5NT&
a. All detainees coriecbsd as a resuitof Coalition Operations in Combined Joint Operations Area-Afghanistan (CJOA-A) Willi* treated with dignity and respect My potential intelligence value from detainees will remain Subordinate and secondary to treating all detainees with dignity and reaped.
C

GENERAL ORDER NUMBER 2 (GO-2)
b. Ad detainees will be considered as potential supporters . of the Afghan Transitional .Authority (ATA) and the Coalition until substantial evidence is dearly established otherwise. Treatment of detaineet will reflect this characterization at all times.
3. REQUIREMENTS /PROHIBITED ACTIVITIES: The specific requirements and prohibited activities listed in this document supplement and are in addition to those activities specifically proscribed by USCENTCOM -General Order IA and CFC-A General Order 1.
a.
Detaineea will not be Jat remote detainrrient eiteS for prcocessing tiiiyond hours from time of detainment Exceptions to this ride require COM ITF 76 approval. at the Major General level, and is.nonAtiolegable. Linden* circumstances will detainees be held outside the Bagram Collection Point (BCP) Curnulatively beyond one week (168 hOurs). Detainees who exceed this time limit Will be unconditionally released, unless COMCFCA personally deterrnines otherwise.

b.
Intelligence questioning of detainees will be condUcted strictly FAY ,/ the Geneva Convention& Physical.abuse -of any type, anyform of intentional hutniliatiOn, verbal abuse, or deprivatiOn of sleep, food or water.are explicitly forbidden. Intelligence values remains secondary to treating all detainees human ,* with *view to thelt. ultimate releateand reconciliation as a' part of: Afghanistan's futUre.

c; Detainees will not .be completely stripped of their clothing at any time; with particular Consideration given to Muslim sensitivities With regard to covering of private parts. Private parts will always remain covered for all detainees. StOurity wand type devices will be used to insure detainees are not concealing weapons or other dangerous , items in areas that remain covered: Body caVity searches will not be performed.unless security wand evidence indiCates the presence of concealed Items.
d. Restraints on detainees will be the minimum required by the tactical situation and threat.. Hoods .irill not be used Blindfoldsconsisting of bandages, goggles or like
.
items are permissible for limited periods of time to maintain operaticinal security; Blindfolds will never be used to disorient detainees or deny light over extended periods, Flexcuffs will be used for limited periods only when detainees are judged a threat to Coalition fOrces.
a, Photography will only be allowed to record the identity of detainees while fully clothed. Detainees who become Persons Under Control (PUCii) may be photographed over their exposed body less private parts to establish a record of scars, pre-existing injuries, identifying marks, etc. At no time will the dignity of the individual be compromised.
f, Any required medical examination of a detainee will be accomptished at the BCP only Exceptions will only be made in the event of obvious injury requiring immediate medical aid. Medical attention will never be defiled, but medical exams
GENERAL ORDER NUMBER 2 (G0-2)
beyond immediate treatment needs of the detainee wilt be restricted to the BCP
only.
g.
Detainees undergoing medical exams at the BCP will be fully informed of the purpose and nature of the exam in a language they understand. All medical procedures will befully explained prior to initiation.

h.
Interrogations will beconducted bytrained and certified military intelligence personnel only Atiditbriat QJOAA-wide:ceitifKation training of all in-Country militarY intelligence it terrogatOr*will be campieteid under CJTF-76:COntrol NLT 16 Jun 04 with update reports to CFC-A when socomplished: The concept of using other elements (e.g. military police, guards) to !Soften up" detainees prior to interrogation is absolutely prohibited. No interrogatiOn teChitiqUes Will take Precedence over treating all detaineet with dignity and reaped.

i.
All individuals participiting in questioning detainees are prohthlted from

.
concealing their Identities front the detainees being questioned, to include by
wearing masks. causing detainee to be blindfolded or in the dark during,
interrogation, or by or:swelling themselves in any Other way.

IMerpreters interacting with detainees will a:trained and Counseled Ontheir Chilies to set a proper tone of professionalism. dignity and respect 'during at interactions with detainees: Laughter; taunting, seeking detainee embarrassment or hurniliation as forinof *Wage is absolutely prohibited. CoalitiOn soldiers~ and: leaders will be held accountableibrthe demeanor and performance:to standards . of lhalr interpreters.: .Frequerit crass-checks of interpretertranslation are required.
k Photography of detainees, holding facilities, interrogations, and the. BCP are eXPreasly forbidden except as noted above for identity and documentation purpOses. Personal possession of cameras or . phtitographY equipment of any type is ,prahibited on:the grounds: of any detainee /inkling or transfer facility. Detainees will not be photographed by service members or civilians during the course of any military operations at any time.
.
4. PUNITIVE ORDER: Paragraph 3 of this General Order Number 2' is; punitive.
Persons subject to the UChltj may be punished thereunder. Civilian* serving : With , employed by, or accompanying the. Armed Forces of the United States in.the•CFC-A
AOR May face criminal pro:lactation or adverse adininIstrative action:for v101ation of this
'General Order.
5. INDIViDUAL DUTY: All persons, military and civilian, subject to this General OrderNumber are charged with the indiVidual duty to become familiar with and respect the . laws, regulations, and customs of Afghanistan insofar as they do not interfere with the execution of their oftiCial duties.: Acts of.Clamped or violations of Afghan law, regulation or customs maybe punished under applicable; criminal statutes and administrative regulatkins.
GENERAL ORDER NUMBER 2 (G0,2)
B. UNIT COMMANDER FtESPONSIBILITY: *Commanders, Security Assistance Office Chiefit, end militarykivillan supervisors are Charged with ensuring that all personnel are briefed On the prohibitions anctosquirements of this General Order Number 2. Commanders and supervisors Eire: expected to enforce both the latter end the spirit of this General'Order.
7, EFFECTIVE DATE.MXPIRATION: This:General Order *affective. immedltralY PIO Will. expire on ly:when. rescinded by Cornmander, Combined Forces Command --Afghanittan or higher atithonlY.
DAVID W. SARNO LieutenantGeneral, USA Commanding

Doc_nid: 
4724
Doc_type_num: 
63