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. The Chief Warrant Officer states that the Law of War training did not include in the training fore the treatment of Detainees. Soldiers observe and monitor each other to make sure rules of engagement are not violated and that he turns to chaplain for stress counseling. Mission: peace keeping, force protection, collect intelligence on the street and from arrested detainees.

Wednesday, March 24, 2004
Sunday, October 30, 2005

IS 144
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Rank C.,1A) Branch \Date: LCM--
How Long in Job\
Duty Position onw6LHow Long in Country 9- /Q. pi,.
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
2.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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soldiers undergo Level B Law of War training prior to deployment?
3. Did you and your urred. Is there a plan to train new Soldiers (replacements) to
Explain wh
(1.1, 1.2, 1.4,
include the treatment of Detainees? Explain.
the unit Did thi tr 1.6; 4.1)
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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 Detainee/interrogation 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)

What training did you receive on the established Rules of Engagement (ROE)? How
(1.4, 4.1)
often does this occur? Does this training include Rules of Interaction (ROI)?
What procedures are in place to ensure your Soldiers do not violate the rules of
engagement for t?interment facility/collection point? (1.1, 1.2, 1.4 1. ,4.1

What guidance or policies are there to ensure fraternization is not taking place

between U.S military personnel and the detainees? (1.1, 1.2, 1.4,1.6, 4.1)

What training have you and your subordinates received to ensure your knowledge of DO is IAW the,provisions?r the Geneva Convention? (1.1, 1.2, 1.3, 4 1

What is the OIC/NCOICs overall role in detainee operation process? What
n the interrogation process of detainee

involvement do the OIC/NCOICs have •
operations? Do the 01C/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 screeritm.34.tes located (where detainees are interrogated and
dequate for your needs? Do you have enough

screened)? Are these

interrogators for your operation needs? What are your personnel shortfalls?(1.1,

1.7, 1.8

- - - 77 4
11. 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

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13 66L ((?2. DA IG\
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 you find? (1.1, 1.2, 1.5, 4.1)

What control measures are you using to maintain discipline and security within the
interrogation acility? (1.1, 1.2, 4.1)

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, .2, 2.2, 4.1)
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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 is passed on to the Guard Force (type of
335 6
reward?)...observation report, paper trail audit) (1.1,1.2, 4.1)
Describe the screening /background checks required prior to hiring interpreters. Are
the sted by U.S. Soldiers? (1.3, 1.7, 4.1)

What is your perception of the contr interrogators training and capabilities to
conduct proper interrogations of d inees? (1.4) (No Standards apply on perceptions.)

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, 1.7,
Z 1)

( .1461?-66
21. 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)
a I ,
22. What do you perceive to be doctrinal shortcomings pertaining to Interrogation Operations? How would you fix/incorporate into updated doctrine/accomplish differently? How about Force Structure to ensure Interrogation Operations can be successfully accomplished? What are the shortcomings and how do we fix the problem at the Army-level? (1.1, 1.3, 1.5, 1.7, 4.1)
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23. What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2, 4.1)
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24. Do you know of the procedures to get stress counseling (Psychiatrist, Chaplain,
Medical)? Do your Soldiers know of the procedures to get counseling (Psychlatris-t
Chaplain, Medical)? (1.1, 1.2, 1.6, 2.1, 4.1)

25.Are you aware of your requirement to report abuse or suspected abuse of
detainees? (1.1, 1.2, 1.6, 4.1)

Do your subordinates know the reporting procedures if they observe or become
aware of a Detainee being abused? (1.2, 1.6

What steps would you take if a subo rdinate repo luareo_rent of alleged Detainee abuse? . (1.2,.1.6, 4.1) -t ____-LI '1.4Aotati,c./1 c t..4_,?Ceet4,,,,p,?6?C__-i 0.....1¦-A., *-.5.-'

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Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.6,

What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) (1.2, 1.6, 4.1)

5? DA IG
30. What procedures are in place for Detainees to report alleged abuse? (1.2, 1.6, 4.1)
31. What do you perceive as the mission of your unit? Describe the importance of your
(Insight to the Soldier's understanding and attitude concerning unit
role in that mission.
mission and their role)\
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32. Describe your working environment and living conditions since being in Theater:
(Identify physical and psych logical imp t on Soldier's attitude). (1.2, 1.3, 1.4, 1.5, 1.6, 1.7 ?
er-ed Ewz_Ze 33. Describe the unit command climate and Soldier morale. Has it changed or evolved
(Identifies Soldier's perception of the chain of command
since you have been in Theater?
and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the Command cares? Are they getting clear guidance?). \
Lej of er abuse in your u t?
30. Are you aware of any ncid nces of dette

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 L(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 L . (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) \

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) ?
38. 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.) \

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." ?