This Department of Defense memo is to address questions that may arise from the release of the Schlesinger Report and Navy Inspector General Admiral A.T. Church's review of detainee operations at Guantanamo. The memo includes a brief description of the eight cases of substantiated abuse, and poses several Q&As such as why Guantanamo has so many cases of detainee abuse. The key message from the memo is that the Military is on top of this matter and is properly addressing questions of detainee abuse.
RESPONSE TO QUERY FOR INFRACTIONS mum)IN TUE
SCHLESINGER REPORT ASO ADMIRAL CHURCH BRIEFING
REGARDING DETAINEE TREATMENT AT GUAITTANAPd0
1 November 2064
BACKGROUND
The Schlesinger Report, a review of DoD detendonopaitions was relined in August
2004. Page 13 of that report indicated that there were eight instmens ofsubstandated
abuse at Guansenamo.
Navy Inspector General Admiral A.T. Clench conducted a review of daiinee opentions at Guanumamo. In a May 2004 briefing he also referred to eight ones of abuse at Consomme.
Prior to these repou, °osmium° had abased details of three of those insane, of
abuse. News reporters have contacted the ITF-OTMO PAO for details on the remaining
five cases.
The Sdalninger Report was released in August 2004.1he link is
http://www.deknselink.milinews/Aug2004/d200401124finalreportpdf.
The transcript of Admiral Chureles press briefing is at
lutp://www.defavelink.milinanscriput2004/020040512-0730.html
STATEMENT
Guananamo has highly structured and disciplined detention and intenagation °peados.
U.S. forces treat all detainees and conduct all interroptions, wherever they may occur, humanely and condign with U.S: legal obligations, and in particular with legal obligations prohibiting torture.
EarEer this year, both the Schlesinger Report and the gregdzigrag provided by Vioe
Admiral A.T. Church DI cited eight `subsantiated cues" regarding appropriate
vestment of detainees it Ousrunamo.
The Department takes all allegation' of abuse seriously. Credible allegations of abuse made by detainees or reported by 717 OTMO oBicials we investigated. Those who are found ea have committed tmlawful acts are immediately removed from further contact with detainees and are disciplined as the circumstances warrant.
• Tbe following are the details of those infractions and bow they were resolved.
1) A grand was charged with watt against a detainee for actions during an incident in September 2002. During that inddem, detainees in a detention block were •
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protesting and one detainee threw food out of his cell window (the portal in the door
through which food and books are passed). The window was closed by a goad, and
during a Istee check on the detainee, the detainee draw what was believed to be water
from the toilet on the gum& The guard then attempted to spray the detainee with a hose.
The goad received no .-jutficial punishment puissant to an Article 15, Uniform Code of
Military Mies (UCMJ). He was mined in sank to 5-3 (impended) and given 7 days
reiniedon. He was reassigned to other duties at Guantanamo.
2)A pard was charged with dereliction of duty and assault on a detainee following an incident in April of 2003 that involved a disturbance in one of the detention blocks. One detainee who was already at of his cell assaulted another guard, and while the detainee was being subdued, the detainee bit the guard. Ana the detainee was subdued, the guild snuck the detainee with his OM in which he held a handheld radio. He received nett-judicial punisinnanpuremit to an Article IS In .by 2003. The surd was reduced in rank to E-3, given 45 days of saris duty and was reassigned.
3)In April 2003, daring the approach phase of an interrogation, a female lateneptor took off her uniform tap (her brown T-shirt wan still worn), ran her fingersthrough the detainee's heir and sat on his lap. A supervisor monitoring the interrogation immediatel . terminated the session. The interrogator was given a written reprimand for her conduct and received additional Mining before being allowed to continue dudes as an interrogator.
4)In early 2003 a female interrogator (different interrogator than incident 3) wiped dye from red magic marker on detainees' shirt after detainee spit on her. She told the detainee the stain was blood. The interrogator received a verbal reprimand far inappropriate contactrantarogadon tedmique.
5)An intenugator in April 2003 used afar .technique by directing MPs to repeatedly bring the detainee from a standing to prone position and back. A review of medical records indicated superficial bruising to the detainee's knees. The interrogator was issued a written reprimand. Maj. Gen. Miller, Ili Commander at the time of this incident, prohibited further use of the "fear-opiltarsh* technique and specifically proldhited MPs from involvement during interrogation.
6)In February 2004, an MP was joking with a detainee and dared the detainee to throw water on him. The detainee did so and the MP squirted the detainee with water from a water book. The MP also engaged In ismppropiate caned conversation withdeminee. The MP's behavior described above was in violation of SIP Guenumemo Standard Operating Procedures (SOP). The MP was reassigned to other duties at Guantanamo.
7)In Mandl 2003, an MP sprayed pepper spray on a detainee who was preparing to throw unidentified liquid on another MP dining an Initial Response Force response.Tbe MP was alleged ID have used the spray in violation of the 117 Oustuanemo SOP. The MP turned down an Article IS (non judicial punishment) and instead requested a
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court-martial proceeding. He was acquitted by members eta Special Cora Martial in
June 2003.
$) In February 2004, a Camp barber intentiomilly gave two ramie! haircuts, in an effort to frustrate detainee requests for similsr Isimuts, as a sip of detainee unity. The barber and Ida company commander were =tinseled *their battalion consmander. and the bailor was acquired to re-cut the detainee' heir appropriately. .
KEY MESSAGES
•
We treat detainees in a safe, Mammo owner and centime with the Geneva Commotion.
•
Allegations of abuse are investigated and action taken if warranted.
•
JTF Ouentanamo bas a standing invitation for media members to see our detention and imenvgation operations facllides firsthand end to interview staff members.
•
All detainees receive expert medical and dental care on a regular basis while at Gumnamo.
•
Detainees have various oppornmides available to them to report any instances of abuse to include rephsentstives from the Intermicm•l Committee of the Red Cross, homacovntry delegates*, guards, intatogaters, and medical pummel.
•
TIF-Gusnsnamo tam improved detention and inn:rap:ion operations through extensive integral reviews and commis problems as they are identified. The np also bas a standarclintion team, whose sole mose is to review on a regular basis every aspect of the way we conduct operations.
Q'S AND A'S
QI : Why does JTF-Guantantmo continue to be dogged by claims of abuse?
Al: The Al Quda training manual teethes trainees to claim abuse at every ann. As deadens eontinth to be framed, these allegations will continue because that is what they are tabled to do. Nonetheless, we take all allegations saimedy end take action against those who have engird in misconduct There have been an exceedingly small sad hoisted number of substantiated allegations in the past two years and this is in contrast with the safe and humane treatment we provide the detainees on a daily basis.
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Q2: Besides the cases of abuse mentioned in the Schlesinger Report, are there additional confirmed eases of .at Ouantsnamo?
Q2: When allegations are made, hey are investigated thoroughl . and dealt with as
circumstaoces warrant.
Q3: How do you respond to released detainee allegations debase?
A3: Detainees ars treated humanely at all times, but we are not surprised by these
al egadons because al Qaeds training menu& instruct trainees to claim abuse at every
Q4: What specific memo do you use at Guantanamo to prevent abuse?
A4: The 3117 has developed standard operating procedures so fiat personnel tmderstand the standards for donation and in rogation and then are trained to this standard. These procedures are regularly reviewed and updated to imamate lessons learned. Additionally, the appropriate level of leadership is on duty at Camp Delta, 24/7, to assist subordinates with all aspects of the mission. There is contains viligenee on the blocks and for the safety of the guards and the detainees, individual guards am never kit alone with detainees. Interrogations are monitored by appropriate supervisory pe .soo .el so ensure that IT? standards are maintained. Finally, the ITP employs an internal Standmdkation Team that reviews policies and procedures in every aspect of ow operation.
Source: 117 G7740, SOUTHCOM Reviewet DASD-DA, 00C Approved: DASD-PA
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