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

DoD Questionnaire: Questions for Officer 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: 
Monday, March 29, 2004
Doc_rel_date: 
Friday, July 29, 2005
Doc_text: 

Vii-60476C-cic.1\ 1-\-y
D8301 4.0 e_C t1 411-5
MANEUVER BDE INTERVIEW QUESTIONS
-Date gl_filice—a--4--U ni
••"
RankAfiti—Branch /14 • i v
'HOw.Lonqin - •
Duty pbsitiotil ,

-L Interviewer .

09 4 . •
..„. ,. . . . = oncerning detainee operations?

What are your responsibilities c
(ALL)What are your responsibilities concerning the Forward Collection Point
1.

(BDE XO)
in the BSA? What is your relationship with the Forward Collection Point OIC? (DOD Directive 2310.1 provides that persons captured or detained by the U.S.
Military Service shall normally be handed over for safeguarding to U.S. Army Military Police, or to detainee collecting points or other holding facilities and installations operated by U.S. Army
Military Police as soon as practical. AR 190-8, para 1-5, a. (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.
this

(1.1, 1.2, 1.4)
forces until final release or repatriation.) FM 63-20 Ch 5 MP Operations. A direct support military police platoon is usually operating from the BSA. The battlefield missions performed by
.

platoon may include battlefield circulation control, area security, operation of the EPW point, and law enforcement. MPs conduct collection, evacuation, and internment *operations to support their EPW mission. The EPW point holds EPWs captured by brigade units until they can be evacuated
il. FM 63-21 ordinate with theto the division central collection point. FM 3-19.40 covers EPW operations in deta

of the MSB include- Co

h 4 S1 Section. Other functions of the PAC in support

SVS3, S4, and MP platoon leader on the location of EPW collection points; Project numbers of
C n r ortation requirements for losses,
EPWs and civilian internees; Determine total transp "A
`..... , •

replacements, and EPWs. Submit transportatioequest to the S4.P .. ,..P... P• de mP4,P1_,_•
illP •
& ........

....141
itk_.......0!• . A.2.

....'1.A...:.....,
¦ ‘
: . ; • . • me what basic publications you use.for Detainee
(AR 190-8, DoD Directive 5100.77,

(ALL) Can you tell.

2. and standards)? (1.1, 4.1)
Operations FM 3-19.4 MP Commander's Handbook
Operations (doctrine
1949 Geneva Convention, FM 3-19.40 I/R and
are the basic/primary sources for doctrine
0

How did you prepare yourself and your junior leaders to.beeorn
D/FRGOs
regulations, OPOR

(ALL)
3.
amiliar with and understand the applicable
fdirectives, international laws and administrative procedures to support Detainee
AR 350-1 para 4-14 c (2) and table G-1 Refresher
officers,
1.4, 1.6, 4.1)
1.2, 1677
Operations? (1.1,
training, dated 9 April 2003), Level B training is conducted in units for officers, warrant
r..
(BN XO) How do your companies integrate the security and defense of the
6.
company holding areas into their perimeter defense? What is your
proper mix for you to
guards to detainees in the holding area? Is this ratio the
shortfallsHow do th'ese-shortfalls?
perform your mission? If not, what are the
1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 2.1, 3.1, 4.1)
impact your mission (1.1,
1 .-At
.J111.
./L1
to move etainees,
(ALL) Are you experiencing any transportation problemse prisoners7. to mov
and if so what? What is the number of personnel needed
oll
internally or externally (i.e. from the BN holding areas to the Forward Cection
FM 3-19.40 paragraph 3

1.5 1.7) -45
Point, for medical evacuation, etc.)? (1.1,
forward CP more than 12 hours before being escorted to the
Captives should not remain at

central CP. When they have been processed and are ready for eVacuation, MP leaders - Report
ortation, rations,quest transpre
the status to the BSA TOC and the PM (through MP channels). Reat ready for -
and water from the FSB Supply Officer (US Army) (S4). Ensure threceipts .a signature. Ensure that property is properly tagged and given to escort guards. FM 3-19.4 Chapter 7 Pa 7.8, The number of MP needed to operate a division forward collecting point is
Peru
number and rate of captives expected and the METT-TC. FM 3-19.40 para 3-54based on the central CP more than 24 hours before being evacuated to the Captives s3 -19.
not remain at A transfer may be a result of reclassification or another situation CHA. FM 3-19.40, para 4-34,
requiring the movement of an EPW. Transfer an EPW from one facility to another under
conditions that are comparable to those for a member of the US armed forces when possible.
Security measures are determined by MP and are influenced by the type of EPW being

transportation used;and other pertinentconditions. AR.190-47,
of
trsferred, the mode of
an uard requirements for prisoners being transported outside an ACS facility, by
3.b .(4), G
or aircraft (oter than AIREVAC or U.S. Marshals Service aircraft) are as
h
vehicle,
foot, military police or security personnel: Under maximum Custody
ws: (a) Trained correctional,
follows:
circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per five prisoners. In minimum custody circumstances there will be one guard per ten
(b) Non-prisoners. Trustee guards will be determined by the ACS facility commander. correctional personnel: It is required that at least one guard be a SGT or above who is equal or senior to prisoners in a pretrial status. Under maximum custody circumstances, prisone rs will
have two guards per prisoner. In medium custody circumstances, prisoners will have one guard per two prisoners, and in minimum custody circumstances there will be one guard per five
prisoners.
What personnel or equipment USR shortages are affecting your

8. (ALL)
ability to support detainee-operation? What are your resource shortfalls to •
1678
nA
12.(ALL) What are the procedures for evacuating a sick or wounded Detainee? How does your unit maintain the security and safeguarding of sick or wounded
AR 190-8, paragraph 3-4 i(2)
2, 1 .8, 2.1, 3.1) Detainees while in transpor? (1.1, 1.
Every camp will have an infirmary. EPW/RP with a contagious disease, mental condition, or other illness, as determined by the medical officer, will be isolated from other patients. A list of endemic diseases of military importance can be obtained from the theater surgeon or preventive
other diseases as
ag
medicine officer. EPW/RP will be immunized and reimmunized tester
recommended by the Theater Surgeon. EPW/lR suffering from serious disease, or whose
re, must be admitted to any
surgery, or hospital ca
iven. FM 3-19.40 Para 2-10 .
condition necessitates

military or civilian medical unit where such treatment can be g
cosihin when establishing medical care (see AR 190-8): • The acilitye following
provides isolation of communicable diseases, disinfection, and
commanders cal traini ng to the fullest extent
Co
medical treatment fder t medi Care is inadequate, transfer
inoculations. Use retained medical personnel and EPWs with
possible when caring for sick and wounded EPWs. When medical

housed personnel to military or civilian medical facilities where the required treatment is available.
AR 190-8 para 6-6.c. Medical facilities. Each CI camp will provide personnel, material, and

pf ,„....._., • . ,,,,,, b .,
facilities for adequate routine and emergency dispensary treatment.
• Ak
.-. _ ¦
ea roiLli L_2_•_.....
:P
13. (ALL) Describe how the unit plans and procures logistical support to
BC clothing and equipment items, include: subsistence, organizational, an bath equipment ISO DO. (1.1,
and
and distribution, laundry, lan and procure logistical support to
mail collection Commanders will p
1.2,1.4) AR 190-8, paragraph 1-4g(2), (
include: transportation, subsistence, personal, organizational and NBC clothing and equipment
items, mail collection and distribution, laundry, and bath for DO.)
10. I
&
provide your unit holding area with water? (Bottled AR 190-8, paragraph 3-4 f(3) Sufficient drinking water
14. (BN XO) How do you
1.2, 1.8)
water or bulk water)? (1.1,
will be supplies to EPWIRP

AA A
detainee abuse?
d
18. (ALL) What procedures do you have to report suspecte
xt Level

(IG, CID,PNe
Who can you report abuse/suspected abuse to?
(AR 190-40, Appendix B, Category 1 Reportable Serious Commander) (1.1, 1.2, 1.6, 44) b. War crimes, including Incidents, B-1. Actual or alleged incidents involving the following: ions, and atrocitbased
ies.
ConventIncidents,
mistreatment of enemy prisoners of war, violations of the Geneva concern to HQDA
B-2. Any other incident the commander determines to be of immediate 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 prisoners or detainees of Army
incidents involving the following: g.

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. the

in A based on
C-2. Any other incident that the commander determines to be of concern to HQD 190-
nature, gravity, potential for adverse publicity, or potential consequences of the cident. AR
8, 5-1. General protection policy—civilian internee, a. Treatment. (1) No form of physical torture

rohibition
ute a pzed o
does not constitauthori
.
or moral coercion will be exercised against the CI. This provision r
with measures
against the use of minimum force necessary to effect compliance h

directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their
manners person, their honor, their family rights, their religious convictions and practices, and their of and customs. At all times the Cl will be humanely treated and protected against all acts 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 Cl 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 Cl will be treated with the
erse istinction based on race, religion, political opinion, sex,
d
without
de ation and allegation of inhumane treatment or other violations of
same consir
adv act or
0-8, para 6-9, e. Any SH DC 20310-0400 as a Serious
or age. AR 19 ,
this regulation will be reported to HQDA (DAMQ-ODL) WA
Incident Report. Reporting instruc ions in AR 190-40 will be used.)

Do your subordinates know the reporting procedures if they observe
19. (ALL) 16, 4.1) AR 190-40 para
.
or become aware of a Detainee being abused? (1.1, 1.2,
2-1, Military and civilian personnel assigned to or accompanying a DoD Component know that
p
a
they shall report reportable incidents through their chain of command nd that such reorts also
te, or an
, a judge advoca may also be made through other channels, such as the military police Actual
1 Reportable Serious Incidents, B-1. Inspector General. AR 190-40, Appendix B, Category
b. War crimes, includng mistreatment of enemy
i involving t he following: ities. B-72. Any other incident
orllged
of war, violations of the Geneva Conventions, and atroc The nature, gravity ,prisoners incidents
determines to b of immediate concern to HQDA based on
erm
the commander e potential consequences of the incident. AR 190-40, Appendix C
publicity, or
potential for adverse
Category 2, Reportable Serious Incidents, C-1. Actual Cr alleged incidents involvin the following:
c Incidents involving prisoners or detainees of Army confinement or
g.
include escape from confinement or custody, disturbances which require the use of force, ry to a prisoner, and all prisoner deaths. C-2. Any other incident that the wounding or serious injury
codrmines to be of concern to HQDA based on the nature, gravity, potential for
er determines
mman or potential consequences of the incident. AR 190-8, 5-1. General protection adverse p
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 CI will be treated with respect for their person, their
he
accomplishing the unit's assigned mission while caring for personnel and property in their charge.
b. Commanders
A simple and direct chain of command facilitates the transmittal of orders from the highest tot
and with the least chance of misinterpretation.
lowest levels in a minimum of time
ld for their actions.
delegate sufficient authority to soiers in the chain of command to (1.2, 1.3, 1.4,
22. Describe your working environment and living conditions since being in.
(Identify physical and psychological impact on Soldier's attitude).
1.5, 1.6, 1.7) FM 10-1, Ch. 7, para. 3, 'Tactical Vision. A primary QMC focus at the tactical level
Theater.
sustainrnent of the soldier. Each Company-sized unit will have two cooks be on
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 lary

will continue to Frontline soldiers require
developed.will be
omplex (Force Provider)
and shower support well forward on the battlefield must be
brief respites from the rigors associated with combat. A facility c

available in which they can shower, clean their clothes, eat hot meals, and rest in an
environmentally controlled shelter.
. .
23. Describe the unit command climate and Soldier morale. Has it changed or
(Identifies Soldier's perception of the
e er attitude. Does the Soldier feel supported'? Do Soldiers feel
evolved since you have been in Theater?
chain of command and S for establishingthe Command cares? Are they getting clear guidance?) 1 AR 600-20 • 13 May 2002 1-5.
onsible
ts of command. C. The commander is resp
Command, b. Elemen

leadership climate of the unit aneloping disciplined and cohesive units. This sets the
and dev
parameters within which command will be exercised and, therefore, sets the tone for social and
Commanders and other leaders committed to the
(1) If leaders show loyalty to their soldiers,
duty relationships within the command.
their soldiers.)Meaders consider their soldiers'professional Army ethic promote a positive environment.
the loyalty of
and the Nation, they earn
the Army,P

needs and care for their well-being, and if they demonstrate gene concern, these leaders build a positive command climate: (2) Duty is obedient and disciplined performance. Soldiers with a
self-improvement, and acceptortunities for ogg
sense of duty accomplish tasks iven them, seize opp
responsibility from their superiors. Soldiers, leader and led alike, work tether to accomplish the
mission rather than feed their self-interest..
AR
t
am reading you your rights because of a statement you made causes me to committedP_______------. (specify
P
suspect that you may have com
, i.e. aggravated assault, assault, murder). Under Article 31, you
s at all. Any statement
nothing
offense remain silent, that is, say P
ve the right to remaiP
you make, oral or written, may be used as evidence against you in a trial by
haoP
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 Punderstand yourP PAre you • stioning at any time. Do you un
, our rights? Do you want a
questioning
lawyer? If the answer is yes, cease all questions at this point).
willing to answer questions?
25. Describe what you understand happened leading up to and during the
(No applicable standard)
incident(s) of abuse.

26.Describe Soldier morale, feelings and emotional state prior to and after these
(Identifies unit and Soldier morale, atmosphere, mood, attitude, stress,
incidents?
retaliation, preemption, family crisis)
27. Was this incident reported to the chain of command? How, when & what was
(Identifies compliance, procedure, timeliness,
(AR 190-40, .
do 1.6)
What would you have done?
effect on unit morale.) (1.2,
or alleged incidents involving
Actual
Soldier perception of action taken and
Appendix B, Category 1 Reportable Serious Incidents, B-1.
War crimes, including mistreatment of enemy prisoners of war, violations of the
b.
Genea Conventions, and atrocities. B-2. Any other incident the commander determines to be of
the following:
immediate concern to HCIDA based on the nature, gravity, potential for adverse publicity, or
v
potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious

g. Incidents involving prison ers
Incidents, C-1. Actual or alleged incidents involving the following:
confinement or correctional facilities to include escaPe from confinement or
jury toa prisoner,
r detainees of Army
and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern
to HCIDA based on the nature, gravity, potential for adverse publicity, or potential consequences
f 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

ocustody, disturbances which require the use of force, wounding or serious In
o
constitute a prohibition against the use of minimum force necessary to effect compliance with
1682
measures authorized or directed by these regulations. (2) In all circumstances, the Cl will be
DA IG
-
measures which reduce battle fatigue and prevent battle fatigue casualties should also help
nit level. FM 22-
reduce the incidence of misconduct stress behaviors. However, additional action also need to be om direct (small unit) leaders. The
practiced consistently by leadership at all echelons and by buddies at the smalls
(both officers andl leaders and their staffs
51, para 1-3, Stress control requires special involvement fr
responsibility extends up through the organizationa

noncommissioned officers [NC0s1) 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
of responsibility is weak, it is the responsibility of the other
S
chain
members of the chain to strengthen it. FM 8-51 , para 1-1, b. Responsibility For tress 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; control units). If any link in the
-the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized
Army CSC units and mental health personnel.
ommand enact to improve the morale and
Leadership
31. What measures could the? (Identifies perceived solution.) FM 22-103, 0,
command climate of your unit
and Command at Senior Levels, 21 Jun 1987, p. 6, - "Leadership. The process of influencing
to accomplish the mission by providing purpose, direction, and motivation." AR 600-10 Army Leadership, 17 Sep 1993, p. 8, 1987L "Senior-level leadership is the art of direct and indirect influence and the skill of creating the conditions for sustained organizational success to
taking a vision of what must be done, tood, and then being tough enough toachieve the desired result. But, above all, it is the art of
unders
communicating it in a way that the intent is dearly

ensure its execution."

Doc_nid: 
3766
Doc_type_num: 
80