DOD Questionnaire: Questions for Chaplain on Detainee Treatment and Rules of Engagement

DoD Questionnaire: Questions for Chaplain concerning their observations and experience in dealing with detainees, training before deployment and Rules of Engagement. The questionnaire appears to be in response to the accusations of detainee abuse and an effort to elicit information on the matter.

Doc_type: 
Questionnaire
Doc_date: 
Tuesday, March 30, 2004
Doc_rel_date: 
Friday, September 2, 2005
Doc_text: 

Chaplain
INTERVIEW QUESTIONS

Rank!Branch (lltii!1 i i /V Date:/0 1/ Um
Duty Position SH/4 etRipi /How Long in Job
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How Long in Current MOS Interviewer
How long have you been in Country /1144 2 do3 9 013•60
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1. Are Detainees allowed to practice their religion? Is there a chaplain
available to minister to the detainees? Is the chaplain a Retained Personnel, US
Forces chaplain, or a civilian? (1.1, 1.2, 2.1, 4.1) AR 190-8, paragraph 1-5, g (1) EPW,

and RP will enjoy latitude in the exercise of their religious practices, including attendance at service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate space will be provided where religious service may held. (2) Military chaplains who fall into the hands of the U.S. and who remain or are retained to assist EPW, and RP, will be allowed to minister to EPW, RP, of the same religion... AR 190-8, paragraph 6-7d (1) Cl will enjoy freedom of religion, including attendance at services of their respective faiths held within the interment camps. Wines used for religious purposes will be permitted. (2) Cl who are clergy may minister freely to CI who voluntarily request their ministration. Equitable allocation of Cl clergy will be effected among the various camps. (3) If there is a shortage of CI clergy and the circumstances warrant, the camp commander will provide the Cl clergy with the necessary means of transport for visiting the CI in branch camps and hospitals. (5) Ordained clergy or theological student who are not Cl may be authorized to enter a camp and conduct religious services. Visits by such personnel will be in accordance with procedures prescribed by the theater commander. AR 190-8, paragraph 1-5g(2) Military chaplains who fall into the hands of the U.S. and remain or are retained to assist EPW, and RP, will be allowed to minister to EPW, RP, of the same religion. Chaplains will be allocated among various camps and labor detachments containing EPW, RP, belonging to the same forces, speaking the same language, or practicing the same religion. They will enjoy the necessary
. facilities, including the means of transport provided in the Geneva Convention, Or visiting the EWP, RP, outside their camp.... gtiA.1-10,(
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2. What are your unit ministry team's responsibilities as part of the cadre for
the detainees at this collection point / internment facility? (Looking for contraband
the detainee might have hidden in their Koran?) (1.1, 1.2, 2.1, 4.1) FM 3-19.40,

Paragraph 2-36 Provides religious support for assigned soldiers and internees. Advise the
commander on the impact of faiths and practices of indigenous religious groups in the AO and
internees within the facility. Provides religious support to the command and the community,
including confined and hospitalized personnel. Exercise supervision and control over internee

religious leaders with the facility.
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3. What are the procedures to bring local religious clergy members into the collection point or facility to help ministry to detainees? AR 190-8, paragraph 6-7d (1) CI will enjoy freedom of religion, including attendance at services of their. respective faiths held within the interment camps. Wines used for religious purposes will be permitted. (2) Cl who are clergy may minister freely to Cl who voluntarily request their ministration. Equitable allocation of Cl clergy will be effected among the various camps. (3) If there is a shortage of Cl clergy and the circumstances warrant, the camp commander will provide the CI clergy with the necessary means of transport for visiting the CI in branch camps and hospitals. (5) Ordained clergy or theological student who are not Cl may be authorized to enter a camp and conduct religious services. Visits by such personnel will be in accordance with procedures prescribed by the theater commander. AR 190-8, paragraph 1-5g(2) Military chaplains who fall into the hands of the U.S. and remain or are retained to assist EPW, and RP, will be allowed to minister to EPW, RP, of the same =religion. Chaplains will be allocated among various camps and labor detachments containing EPW, RP, belonging to the same forces, speaking the same language, or practicing the same religion. They will enjoy the necessary facilities, including the means of transport provided in the Geneva Convention, for visiting the EWP, RP, outside their camp.... AR 190-8, paragraph 3-15d EPW who are certified to be proficient medically or religiously continue to be considered and identified as EPW, as appropriate, but will be administered and treated in the same way prescribed for RP. Enemy personnel who are classified in these categories and are determined qualified by competent Army authority are eligible to be certified as proficient to perform medical or religious duties: (1) EPW who are ministers of religion; however, they have not officiated as chaplains to
their own forces. N O41 11--T tzi
4. Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying a DoD Component know that they shall report reportable incidents through their chain of command and that such reports also may also be made through other channels, such as the military police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to
HODA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident.
5. Has any service member spoken with you about abusing detainees or seeing detainees being abused? If yes, can you provide details without violating your privilege information / confidentially status between you and the service
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member? (We do not want names). (1.1, 1.2, 2.1, 4.1) AR 190-8, paragraph 1-5 (1), (4), b, and c, (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of the conflict will be given humanitarian care and treatment from the
moment they fall into the hands of the U.S. forces until final release or repatriation. (4) The
inhumane treatment of EPW, Cl, RP is prohibited and is not justified by the stress of combat or
with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other
criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishment, execution without trial by proper
authority, and all cruel and degrading treatment. G. All persons will be respected as human beings. They will be protected against all acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be
protected from all threats or acts of violence.
6. How many times have you heard about detainees being abused or mistreated? What did you hear? (1.1, 1.2, 2.1, 4.1) AR 190-8, 15 General protection
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policy, (1) b, and c, (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of the conflict will be given humanitarian care and treatment from the moment they fall into the hands of the U.S. forces until final release or repatriation. b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishment, execution without trial by proper authority, and all cruel and degrading treatment. c. All persons will be respected as human beings. They will be protected against all acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence.
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7.
Have you made the Chain of Command aware of these allegations of abuse and have you seen the Chain of Command do anything about correcting detainee abuse? (1.1, 1.2, 2.1, 4.1) Al? 190-8, paragraph 1-5 (4), The inhumanetreatment of EPW, Cl, RP is prohibited and is not justified by the stress of combat or with deepprovocation. Inhumane treatment is a serious and punishable violation under international law
and the Uniform Code of Military Justice (UCMJ).
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8. What is your feeling on how Detainees are being treated? No standard.
Personnel observations and feelings. (1.1, 1.2, 2.1, 4.1)

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9. What do you perceive as the mission of your unit? Describe the importance of
your role in that mission. (Insight to the Soldier's understanding and attitude

concerning unit mission and their role) AR 600-20 Command Policy 2-1. Chain of Command
a. The chain of command assists commanders at all levels to achieve their primary function of
accomplishing the unit's assigned mission while caring for personnel and property in their charge.
A simple and direct chain of command facilitates the transmittal of orders from the highest to the

lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these soldiers responsible for their actions. .
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10. Describe your working environment and living conditions since being in
Theater. (Identify physical and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4,
1.5, 1.6, 1.7) FM 10-1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical level
will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks
and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat
meals and supplements. An improved containerized capability for providing responsive laundry
and shower support well forward on the battlefield must be developed. Frontline soldiers require
brief respites from the rigors associated with combat. A facility complex (Force Provider) will be

available in which they can shower, clean their clothes, eat hot meals, and rest in an
environmentally controlled shelter.

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11. Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? (Identifies Soldier's perception of the -chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the Command cares? Are they getting clear guidance?) 1 AR 600-20 • 13 May 2002 1-5. Command, b. Elements of command. c. The commander is responsible for establishing
leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the mission rather than feed their self-interest.. LLIAC-Iitar_ C,A1,4,M411 4-1--
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12. Are you aware of any incidences of detainee or other abuse in your unit? AR 190-8, 1-5. General protection policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces. custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered IAW due process of law and under .
legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. c. All persons will be respected as human beings. They will be protected against all acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence.. d. Photographing, filming, and video taping of individual EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander's chain of command. e. A neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the
language of the EPVV, CI and RP. D
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ADVISEMENT OF RIGHTS (For military personnel)
The text of Article 31 provides as 'follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. (1.2, 1.6)
I am /(grade, if any, and name), a member of the (DAIG). I am part of
a team inspecting detainee operations, this is not a criminal investigation. I
am reading you your rights because of a statement you made causes me to
suspect that you may have committed / . (specify
offense, i.e. aggravated assault, assault, murder). Under Article 31, you
have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by
courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this
interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian counsel of your own choosing, at your own expense. You may request a lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you want a lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?
13.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard).

14.
Describe Soldier morale, feelings and emotional state prior to and after these incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress,

retaliation, preemption, family crisis) /
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15. Was this incident reported to the chain of command? How, when & what was done? What would you have done? (Identifies compliance, procedure, timeliness, Soldier perception of action taken and effect on unit morale.) (1.2, 1.6) (AR 190-40,
Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious
Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner,
and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy—civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the Cl will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a-fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and with-out adverse distinction based on race,
religion, political opinion, sex, or age. AR 190-8, para .e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report_ Reporting instructions in AR 190-40 will be used.)
16. How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard)

17. Describe any unit training or other programs that you are aware of that teach
leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and
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prevent battle fatigue casualties should also help reduce the incidence of misconduct stress
behaviors. However, additional actions also need to be practiced consistently by leadership at
echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires
special involvement from direct (small unit) leaders. The responsibility extends up through the
organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel: general, principal, and speciql staff,end by spec'vlized Army Chc uniAs an mer VI health personnel. ) 1/1/4 .PNI 71) 1Lf i,twwili
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18. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22­51, pare 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all
receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by pecialized Army CSC unit§ and mental health personnel..47
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19. What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution.) FM 22-103, Leadership and Command at Senior Levels, 21 Jun 1987, p. 6, - leadership. The process of influencing
others to accomplish the mission by providing purpose, direction, and motivation." AR 600-100,
Army Leadership, 17 Sep 1993, p. 8,1967- "Senior-level leadership is the art of direct and
indirect influence and the skill of creating the conditions for sustained organizational success to achieve the desired result. But, above all, it is the art of taking a vision of what must be done, communicating it in a way,that the intent is clearly under,t99d, and then Ileipg tough enough to ensure its execution." 4/ 9',!! 4f r 15,(61/ L-A 11,61)
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3804
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