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

DoD Questionnaire: Questions for soldiers 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. Captain: Military Police Co.. The Captain was not aware of the National Detainee Reporting Center or entering a detainee into the database: Name, Ethnicity, Where capture, Age; release and to whom/where. No training on TDRC [Theater Detainee Reporting Center].

Monday, March 22, 2004
Sunday, October 30, 2005

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Interviewer D How Long in Country 5-Idy, 0 3

1. What references/standards/publications/SOPs do you require your subordinates to use for Detainee Operations? (1.1, 1.2, 2.1, 4.1) AR 190-8, DoD Directive 5100.77, 1949 Geneva Convention, FM 3-19.40, These are the primary source for standards and doctrine concerning
De inee Operations).
2. What MP units under your command operate US military controlled Internment Facilities? (Battalion and Company) How many Internment Facilities under U.S. Military Control, do you operate? Where are they positioned across the Theater? Have you vWted any of V /BDE-Collection Points? 1. 1.7, 2.1 4.1) (FM -19.40, Appendix
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3. What are the policies on the establishment of Internment facilities? How do you ensure the units are operating these locations/facilities under the provisions of the Geneva Convention and AR 190-8(ROE, Interrogation Techniques, general orders, huAr treatm-nt, etc)? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-1, Intelinment facilities will be

4. Are your operations employing detainees for work? If so, what are the General policy and procedures for the Employment and Compensation of Detainees? (1.1, 1.2,
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5. Is there (or do you have) a policy on the ratio of guards to Detainees? If so, what is it? Is this standard being met? If not, what is the shortfall and how are your units
managing the challenge? (local sop)(1.1, 1.2, 1.3, 2.1, 3.1, 4.1) FM 3-19.40, Appendix D, Table d-1 MP I/R Units, MP company (guard) TOE 19667L000, Assigned to I/R battalion, Duties Provides IL. guards for EPWs, Cls, US military prisoners, DCs, and installations and facilities at an I/R facility. Is-y7 cap, .le of s g 500
itarisoners, 2000 P , 2010 Cls, orAopo DCs in an I/R facility
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6. What is your detainee segregation policy? (1.1, 1.2, 1.3, 1.8, 2.1, 3.1, 4.1) ((EPWs, Females, Juveniles, Civilian Internees (to include those that are security threatS, those that are hostile to coalition forces, and possible HVT/HVD, and Retained Persons, Criminals, etc.)) What can you tell me about the categories of Detainees that you are holding? What are they and what are the definitions of the different categories that your organizations detain? How are you organized to handle the
different catepries of Deta' es (EPW CI, HV ,,OD,30)-efu
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7. What is the minim living space standard for each Detainee? Who set the
provisions of minimum living space for Internment Facilities? (when possible, consult the preventative medicine authority in theater for provisions of minimum living space and sanitary facilities). Has a preventative medicine expert given advice on this? (1.1, 1.2, 1.8, 2.1, 2.2, 4.1) (AR 190-8, para .-1, b. (2) (3), The sleeping quarters shall be
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Are the Corps of Engineers involved in any facility upgrades/improvements in Theater for Detainees? If so, what are some ongoing projects? What do you know of the Engineer Corps' Theater Construction Management System (TCSM). Were you aware that they have plans, specifications, and materiel requirements for Internment
F. ilitieq basetd on De -inee opu tion? (1.1, 1.2, 1.8, 4.1) FM 3-19.40garagraph 6-6. The
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5. Do you use Military-Working Dogs (MWD) within detention facilities? (1.1, 4.1) FM 3-19.40, 5-74, The MWDs enhance the security and safety of an
1/R facility. They can be used for patrolling
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10.What is the current policy to grant conditional access" to the International Red Cross/Crescent to Detainees? Has this always been the policy? Are they the only NGOs that have conditional access? If not, who are the other organizations? (1.1, 1.2, 2.2_„4.1 (AR 19e-; p&5-1&(5), e 1), The Cl will be entitled to apply for assistance to the
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11.Explain how medical information is kept on each individual Detainee? (1.1, 1.2, 1.5, 4.1) (AR 190-8, para 6-6, f. (1), The medical records and forms used for the hospitalizatipn and treat -nt of U.S. Armyer • nn-and for P s ill be used for CI.) , r& c

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12. What is your responsibility to the National Detainee Reporting Center (NDRC)? What is your relationship with the Theater Detainee Reporting Center (TDRC)? To the best of your knowledge, when were these centers stood up? Describe the Detainee Reporting System? (Software used, Data Base Management, Data Validation, Contingencies, Security and Privacy, etc.) Who has access? (1.1, 1.2, 1.3, 1.5, 2.2, 4.1) R 1 90-8, para -8, . • a,• (j) The E ranch P IC functions as the f e 1:Ze r arzzg,en cy for
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13.When are Detainees assigned Internment Serial Numbers (ISNs) (from point of capture to internment? Are there any reasons why Detainees would not be assigned ISNs?&R 190-8, p ra 6-2, Internme t s rial umber ISN).1.for each CI will be assigned
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14. What are the policies and procedures for US Forces transferring detainees to other Co,. Von Fi• r• e ost N- 'o ,Forc s? Has this been do e 9,41 .1, 1.22(.2) (AR 190-8,
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15.What are the procedures that allow other United States Government Agencies (OGA) access to Detainees? Who is the approval authority? How much notice do they have to provide the chain of command? Do Detainees ever leave U.S. Military Control for interrogation? How about U.S. Military Police control to MI control? What is the process for turnover and accountability of the Detainee? What happens ifa-detainee is returned to U.S. Military Control from an OGA, and it is determined that abuse has occurred? (1.1, 1^2 4.1 ,, , FM 3-19,40, •ara -68, The in t &a -a ccommodates n
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16.How are interpreters (linguists/translators) integrated within the Detainee
Detention system (within each facility)? (1.1, 1.2, 1.3, 1.7, 3.1, 4.1) (FM 3-19.40, para 4-
I A ' SOS, allied forces, or local a thorities as necessary.)

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17.What are your biggest issues concerning logistical, contractor, and interpreter
u po fir t-tai ee O. - . ins? ?.(1.1 1.5, 4.1) ( n43-19.40 para 7- 01, up. y functions

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18. What are your biggest issues concerning adequate facilities for Detainees? (1.1,
1.8, .1) (AR 190-8, para 6-1, Discursse n d ail, the standard for internment facilities for Cis.)

19. Can you describe the in-processing actions required for Detatimies? What are some
of the reasons that Detainees are not accepted to the internment facility? Are capturing
units/subordinate units properly processing Detainees? If not, what are they doing
wrong? Is it administrative in nature or in the physically handling of Detainees?

(1.1, 1.2, 4.1) (A: 1914 para 6-2, Dis uss s 'n detail, e ad ini ra,ve ore •ea sing by MP un' s of&/&
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20. What is the process to account for and dispose of weapons and contraband
confiscated from Detainees? What happens to personal property? (Is it disposed
of/tagged along with the Detainee and is it stored properly and accounted for?)

Why is the DD Form 2745 (Capture Tag) not being used? What are units using in lieu
of (if any)? ((Detainee Capture Card found in draft MTTP, Detainee Ops—this card
does not require near as much data as DD 2745 (). The CPA Apprehension Form
helps offset the lack of info on the Detainee, however it is usually filled out in a
single copy (not the 3 required))) Who decided on the use of the Coalition
Provisional Authority Apprehension Form and why? (1.1, 1.2, 1.4, 2.1, 2.2, 4.1) (AR
seized from a EPW/4-P [AR 190-8, -2b(1, will be documented n th; DA Form , 1, 7.

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21. Does the current force structure meet the requirements to run Internment Facilities? If not why? What recommendations can you can you provide? Do your units have what they need to accomplish the mission (personnel/equipment) without additional support? If not, explain? What do you perceive to be doctrinal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine and
ccp elish differently? (1 1, 1.3, 1.5, 1 7, 2.1, 4.1) AR 190-8, DoD Directive 5100.77, 1949
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22. What is the ROE concerning Detainees? How do you ensure that this ROE is being followed and understood by all Soldiers in your command that have any contact with Detainees? What is the policy to train on the established RulFs of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction (ROI)? (1.1, 1.2, 1.4 1 4. ) o etariesof the 'lit- y Dep,ertments r,
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23.What (1.1, 1.2, 4.1)
procedures are in place when a detainee in U S custody dies?
24. What are the procedures for repatriation? (1.1, 1.2, 4.1) AR 190-8, para 3-12 thru 3-14,
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25. What ell. ious activities are permitted?.-(1.1 1.2 1.6) (AR 190-8, Ch 1- 5 g 1), (g),.v-
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26.Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or n the ature, gravity, potential for adverse publicity, or potential consequences of the incident.
Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.2, 1.6) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1 DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be usedA64,„

27.What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1 ReliOrtable Serious Incidept,s, B
28. Do you feel you can freely report an incident of alleged Detainee abuse outside
Command channels (IG, CID) (1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incid nts, B-1.
29. What procedures do you have to report suspected detainee abuse. (IG, CID, Next Level Comma der) (1.2, 1.6 4.1) (AR 190-40, Appendix B, Category 1 Reportable.Serious Incidents, B1
30. hat o59res are in place for Detainee to report alleged abuse? (1.2, 1.6, 4.1)
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32. 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 60 -20 Command Policy 2-1. Chain of Command a. The chain of co a d_
33. Describe your working environment and living conditions since being in Theater.
(Id fy physical and psychological i act ort_Soldier' attit de). (1.2, 1.3, 1.4, 1.5, 1.6, 1.7) FM 10-
34. 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 601, 20 • 13 May2002 1-5. Command, b. El- ents of co mand.....—
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35. Are you ware of any incide ces of detainee or other abuse your unit? AR 190-8, 1
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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 thenrr to which may tend to incriminate him. b. No
7 DA IC.
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 nota 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?
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard)&

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)
38. 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 &
3038 8 DA IG
39. How could the incident have been prevented? (Identifies root cause and perceived
solution) (No applicable standard)

40. 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.
41. 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
42. What measures could the command enact to improvelthe morale and command climate of your unit? (Identifies perceived solution.) FM 22-103, Leadership and Command at
3039 9 DA IG