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.

Sunday, March 28, 2004
Friday, July 29, 2005

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Rank ced z--Branch 1.r(Date: rT(///,`-(Unit /fitoCY / 0/ M / 741

Duty Position :1_01-9 0 ( c How Long in JobI/ M oCt-1 1-7
Interviewer ( How Long in Country 2 i/to Ai -7L-4

What references/standards/publications/SOPs do you use to conduct interrogation
Operations? (1.1, 1.2, 2.1, 4.1)

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How does the command ensure that interrogation Operations is conducted in
compliance with the international Law of war? (OPORD/FRAGO, ROE, Interrogation
Techniques, general orders, humane treatment, etc) (1.1, 1.2, 1.6, 4.1)

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Did you and your soldiers undergo Level B aw of Wai)trainin nor to deployment?
Explain what training occurred. Is there a. • Ian to rain new ( ements) to
the unit? Did this training include th- reatment of Detainee (

Explai(1, 1.2, 1.4,
1.6, .1)
What Home Station/Mob Site Training did you and your soldiers receive prior to deployment to help your unit prepare for Detainee/interrogation Operations? Describe it. How did the training prepare you to conduct Detaineefinterrogation Operations for this deployment? How did this training distinguish between the different categories of
Detainees (EpWs, RPs, Cls, etc.)? (1.1, 1.2, 1.4, 4.1)1
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What training did you receive on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction (R01)?
(1.4, 4.1)
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6. What procedures are in place to ensure your Soldiers do not violate the rules of
engagement for the interment facility/collection point? 1.1,1.2, 1.4, 1.6, 4.1 ferY74 ' CZte_ ckr 1-ef.e-r2 agl-&.r
7. What guidance or policies are there to ensure fraternization is not taking place betwe n U.S military perso nel and the de 'nees? (1.1, 1.2, 1.4,,1.6, 4.1)
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What training have you and your subordinates received to ensure your knowledge of DO is IAW the provisions under the cTieva Convention? (1.1, 1.2, 1.3, 4.1)

What is the 01C/NCOICs overall role in detainee operation process? What involvement do the OIC/NCOICs have in the interrogation process of detainee operations? Do the OIC/NCOICs provide a means to validate detainee's information? Do the OIC/NCOICs provide input as to the disposition of the detainee? (1.1, 1.2, 1.6,


10.Where are your screening sites located (where detainees are interrogated and screened)? Are these facilities adequate for your needs? Do you have enough interrogators for your operation needs? What are your personnel shortfalls?(1.1, 1.2,
1.7, 1
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What is the procedure on how to identify a detainee who may have intelligence information? Who performs this procedure? Are MPs involved in the decision-making? Are PIRs used as a basis for the identification of detainees of interest, personality lists used, etc? (1.1, 1.2, 2.1

Have you personally observed the interrogation operations at this Facility to determine if your unit has the necessary support and supplies to run the facilities? If so, what did yo4find? (1.1 .2, 1.5, 4.1)

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13. What control measures are you using to maintain discipline and security within the interrogation facility? (1. , 1.2, 4.1)
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14. How many people are authorized to be present in the room when interrogating/
screening a detainee? Under what circumstances are you required and authorized to
have more people? (1.7) (no standard)

15. Are the personal effects of a detainee released to the interrogator or is the
interrogator allowed to examine the items? (DOCUMENT HANDLING) (1.1, 1.2)

16.Are you receiving sufficient information from the capture paperwork to properly
.conduct screenings and interrogations? Are the current requirements for documentation of a captured person sufficient or excessive? Did the changes in procedures as far as documenting captured person improve your ability to gather intelligence?. (1.1, 1.2, 2.2, 4.1)
17. What are the procedures for the transfer of custody of Detainees from. the MP/Guard personnel to Military Intelligence personnel? When the detainee is returned to the guard force, what procedures occur? (what info isssed on to the Guard Force (type of
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reward?)...observation report, paper trail audit) (1.1,1.2, 4.1)
to hiring interpreters. Are18.Describe the screening /background checks required prior they trusted by U.S. Spldiers? (1.3, 1.7, 4.1)

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19. What is your perception of the contract interrogators training and capabilities to letainees? (1.4) (No Standards apply on perceptions.)
conduct proper interrogations4c„..
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20. How are translators/linguists used during the screening/interrogation process? Do
you trust the interpreter? How are MPs/Guards used during this process? (1.1, 1.2
Do counterintelligence agents conduct interrogations of detainees? What training have they received for conducting interrogations? What is their understanding of the laws of war as it pertains to interrogating detainees? (1.1, 1.2, 1.5)

What do you perceive to be doctrinal shortcomings pertaining to Interrogation

Operations? How would you fix/incorporate into updated doctrine/accomplish -ations can be
differently? How about Force Structure to ensure Interrogation Opei successfully accomplished? What are the shortcomings and how do we fix the problem at the Army-levelL(.1.L1.3, 1.5, 1.7 4.1)
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23.What are the procedures if a detainee in U.S. custody die q? (1.1, 1.2, 4.1)Czjo,
24. Do you know of the procedures to get stress counseling (Psychiatrist, Chaplain, Medical)? Do your Soldiers know of the procedures to get counseling (Psychiatrist, Chaplain, Medical)? (1.1, 1.2, 1.6, 2:1, 4.1
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25.Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 1.6, 4.1)
26. Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being bused? (1. 1.6

27.What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1. , 1.6, 4.1)
22. Do you feel you ca freely report of alleged Detainee abuse outside Command channel , CID) (1
4. 1
29.What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) (12, 1.6, 4.1)
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What procedures are in plyce for Detainees to report alleged abuse? (1.2, 1.6, 4.1)

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 ole Iev-a-‘___ 742_ c. Q (

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32. Describe your working environment and living conditions since being in Theater.
(Identify physical and psych logical impact • Soldier's attitude). (1.2, 1.3, 1.4, 1.5, 1.6, 1.7
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33. 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 fee the Com7lcic,res? Are they. getting clear guidance?). I1/1e-A..— 4:-I.-1.." ,-
34. Are you aware of any incidences of detainee or other abuse in your unit? (


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)
(grade, if any, and name), a member of the (DAIG). I am part of a
1 am (
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 youi . 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?

35. Describe what you understand happened leading up to and during the incident(s) of abuse. (Na applicable standard) (
36. 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) ( ne

37. 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) (
How could the incident have been prevented? (Identifies root cause and perceived
solution) (No applicable standard)(

Describe any unit training or other programs that you are aware of that teach
leaders and Soldiers how to recognize and resolve combat stress.

What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) I

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, 1987- "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 understood, and then being tough enough to ensure its execution."