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

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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. Major in JAG states that understanding of proper detainee operations varies from level to level and that most learn how to process detainees as they go throught he experience.

Doc_type: 
Questionnaire
Doc_date: 
Sunday, February 22, 2004
Doc_rel_date: 
Sunday, October 30, 2005
Doc_text: 

OBSERVER CONTROLLER INTERVIEW QUESTIONS

Rank JY\ n-3 Branch Z" -fi C,7_, Date: 3-ZrOD Unit oh. Duty Position How Long in Job ab-,
's Interviewer
1. What standards (references) do you use to assess rotating units concerning their
conduct of Detainee Operations? (1.1, 1.2) (AR 190-8, DoD Directive 5100.77, 1949 Geneva Convention, FM 3-19.40, These are the primary source for standards and doctrine concerning Detainee
Operations).
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2. Do leaders and Soldiers (by unit) know and understand how to apply Detainee Provide some
Operations doctrine and standards when they arrive for their rotations?
examples. How about units as a whole; are they adequately prepared for CTC
rotations regarding the handling and processing of EPWs/Detained Persons? (1.1, 1.4,
1.5, 1.7, 1.8) (AR 190-8, DoD Directive 5100.77, 1949 Geneva Convention, FM 3-19.40, These are
the primary source for standards and doctrine concerning Detainee Operations. AR 190-8, para 1-4 g,
The AR is a multi-service regulation for all services. (AR 350-1 para 4-14c.(2) and table G-1 Refresher

training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and
enlisted personnel commensurate with thd missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive
5100.77), All prisoners will receive humane treatment and that the following acts are prohibited murder,
torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments,
execution without trial by proper authority, and all cruel and degrading treatment. Prisoners will be
protected against all acts of violence to include public curiosity. (DoD Directive 5100.77, para 5.5.1, The
Secretaries of the Military Departments shall provide directives, publications, instructions, and training so
that the principles and rules of law of war will be known to members of their respective Departments, the
extent of such knowledge to be commensurate with each individual's duties and responsibilities.))

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Do MI
(MPS or IN or other)?
6. What type of unit typically runs the collection points (Do they conduct -
hey play?
units/Soldiers play a role, and if so, what role 201 8, para 2-1 a. (1) (d), Prisoners
190­
(1., .3) (AR 190

interrogations at the Collection Point)?
may be interrogated in the combat zone. Interrogations will normally be performed by intelligence or
counterintelligence personnel.)
••
ngnees handled
Detai
7. Besides the handling and processing of EPWs, are other types of, ri normal
rsonnel du and processed, such as Civilian Internees an Retained and processed in contrast to
Pe
they handledrotations? How about MRXs? If so, how are d
(AR 190-8...list standards for each type, Retained Personnel--3-15, Civilian
EPWs? (1.1, 1.2, 1A)
Internees—Chapter 5, 6, 7)
EPWs/De'tainees to
8. Do the scenarios call for the transferring and movement of that (JRTC
units use?
'
'theater level internment facilities? If so, describe the process
(AR 190-8, para 2-2 a., Collect prisoners from capturing units, and evacuate
not remain at a
ONLY) (1.2, 1.3, 1.4) -45, Captives shouldthem from the combat zone as soon as possible. FM 3-19.40, para 3 ted t the CP.) • forward CP (Collection Point) more than 12 hours before being escor 1k.

9. For role-playing purposes, do scenarios call for EPWs toresist or attempt escapes? Do scapes n and what are some of the reasons why they are able to do so?
et is the occur oftenresponse of units for escapes? What, in fact, do the units do?
Wha (AR 190-8, para 3-6, f. (b) (2), Preventing escape.) Don't know why we need this(1.2, 1.4, 1.6, 1.8)
question? I thought we were •oing to ask the OC who briefs the role players questions similar to these.

Al. b.
111. •
10-:-Whert did you add "detainee play" into the scenarios? What action are you looking for wii6n,one of your detainees are capture by the rotating unit? How the unit is treating the detainees? Did the unit perform the five S's and T procedures (search, segregate,
silence, speed, safeguard, and tag? (FM 3-19.40, paragraph 3-7. The five Ss and T procedure is performed by the capturing unit. The basic principles are search, segregate, silence, speed, safeguard, and tag. AR 190-8, paragraph 2-1 (d) Prisoners may be interrogated in the combat zone. The use of physical or mental torture or any coercion to compel prisoners to provide information is prohibited. Prisoners may voluntarily cooperate with PSYOP personnel in the development, evaluation, or dissemination of PSYOP messages or products. Prisoners may not be threatened, insulted, or exposed to unpleasant or disparate treatment of any‘kind because of their refusal to answer questions.
Interrogations will normally be performed by intelligence or counterintelligence personnel.)
11. What instructions are given to the OPFOR in the event of capture by Operations Group to make the scenarios as realistic as possible? Besides Soldiers in the OPFOR, does JRTC contract out for role players to act as Civilian Internees? If so, what instructions are given to them and how does it differ from the instruction given to the
(Trouble maker, try to escape, curse at the Soldiers / guards /
OPFOR? Do Detainees play the role successfully and realistically that they
interrogators, etc.)
were assigned the scenario? If not, why not? (1.4) What uniform does the OPFOR wear? What uniform does the CI wear? Do OPFOR and CI intermix? AA
.¦• .1.11111111111

12. As an Observer Controller, have you ever witnessed a unit/Soldier abusing a
detainee (role player) during a scenario in a rotation (even if they were fooling
Do you ever receive any feedback from Detainees on how they were

around)?
treated by guards, Soldiers, Interrogators? Describe the events and what action was (AR 190-8
taken.? (Serious Incident Report/Commander's Inquiry, etc). (1.2, 1.4, 1.6)
para 2-1 a. (1) (d), The use of physical or mental torture or any coercion to compel prisoners to provide
information is prohibited. AR 190-8, para 5-1, a. (1), No form of physical torture or moral coercion will be
exercised against the Cl. AR 190-40, 2-1 Paragraphs a and b. a. Incidents li sted in appendix B and
appendix C are reportable to HQDA as Category 1 and 2 serious incidents respectively. b. Submission of
an SIR will not be delayed due to incomplete information. All pertinent information known at the time of
SIR submission will be included. Additional required information will be provided in a subsequent add-on
report. AR 190-40, Appendix B, para B-1, b., War crimes, including mistreatment of enemy prisoners of
war, violations of the Geneva Conventions, and atrocities.)
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(theft of
13. Besides physical abuse, have you ever witnessed any passive violations?
(AR 190-8, para 1-
(1.2, 1.4, 1.6)

allowed personnel effects, insults, public curiosity).
5, 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.) a \- , _. VV.t.._...--
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14. What AAR information do you provide to the rotating unit in terms of their Detainee Operations? Do you address / cover procedures that the capturing unit used upon their

(In-
capture of the detainee, to include the operations of the BDE collection point?

processing detainees, abuse, submitting reports, safeguarding, medical,
Do you address

sufficient space for detainees, water, heating, latrines, etc.)
detainee abuse, when to submit a Serious Incident Reports, e.g. when detainee abuse
unit. (FM 3-19.40, paragraph 3-7. The five Ss and T procedure is performed by
the
paragraph 2-1The basic principles are search, segregate, silence, speed, safeguard, and tag. AR
occurs? 190-8 cap
(d) Prisoners may be interrogated in the combat zone. The use of physical or mental torture or any coercion to compel prisoners to provide information is prohibited. Prisoners may voluntarily cooperate with PSYOP personnel i the develment, evaluation, or dissemination of PSYOP messages or
op eatened, insulted, or exposed to unpleasant or disparate treatment of
not be thr
any kind because of their refusal to answer questions. Interrogations will normally be performed by

products. Prisoners may not
P at division CPs
intelligence or counterintelligence personnel. FM 3-19.40, paragraph 3-17, The Mac captive
ensures that a DD Form 2745 (Enemy PriSoner of War (EPW) Capture Tag)) is pled on each
Who arrives at the CP without one. They may direct the capturing unit to complete a capture tag before

ed without
accepting the prisoner into the CP. The MP- Make a statement on the tag if the captive arriv one. Instruct the captive not to remove the tag. Annotate the ag's serial number and the captive's name
t
To safeguard captive according theon a locally developed manifest. FM 3-19.40 paragraph 3-25.
Geneva Conventions and the US Policy — Provide first aid and medical treatment for wounded and sick
evacuate
els, usin the assets available to use fo r
g
captives. Evacuate them through medical chann and allied
forces. Provide firm, humane treatment. Report acts and allegations of inhumane treatment through MP
channels (see AR 190-40). 0.1
15. Is their anything else you might think I might need to know about the unit detainee
(AR 350-1 para 4-14c.(2) and table G-1
operations and training that I did not ask you?
Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive 5100.77), All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and training so that the principles and rules of law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual's duties and
responsibilities.)

Doc_nid: 
4003
Doc_type_num: 
80