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.

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

Rank c_p -r Branch YY1 I nDate 13 Ma,r a 1k_ Unit 3-0/ Duty Position n How Long in Job Si.f Qrl S rck Interviewer
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1. Can you tell me what basic publications you use for Detainee Operations
(doctrine and standards)? Describe the basic principles of detainee operations and how you are applying them? (1.1, 4.1) (
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(1.1, 1.2, 1.8, 4.1)
2. What standards were used in establishing this facility?
What procedures do you have in place to ensure Soldiers and leaders
understand the use of force and rules of engagement for the interment facility?

(1.1, 1.2, 1.4, 1.6,
How did you prepare yourself and your junior leaders to become familiar
with and understand the applicable regulations, OPORD/FRAGOs, directives,

international laws and administrative procedures to operate an I/R facility?
1.2, 1.4, 1.6, 4.1

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5. How did Home Station/Mob Site Training prepare you to conduct Detainee Operations at this facility? What training have you and your Soldiers received to -ensure your knowledge of DO is IAW the Geneva Convention and DoD/Army policy? (Did this include Law of War and treatment of Detainees training.)?
(1.1, 1.2, 1.3, 1.4, 4.1)
Describe the training the guard force received to prepare them for their duties. (1.1, 1.2, 1.4, 4.1)

How does your unit conduct sustainment training for Detainee Operations or training for newly assigned personnel? When did your unit last conduct this training? (1.1, 1.2, 1.4, 4.1)

Describe some of the basic operof the camp relating to detainee --aerdiegation, captured medical/religious per-seiviel-rfeeding, sanitation, etc?

Where do you maintain copies of the Geneva Convention around the
facility? (Is it posted in the detainee's home language within the facilities)?
Are camps segregating Detainees by nationality, language, rank, and sex?
How are captured Medical personnel and Chaplains being used in the
camps? What provisions are in place for the receipt and distribution of
Detainee correspondence/mail? Are the daily food rations sufficient in
quantity or quality and variety to keep detainees in good health? Are

personal hygiene items and needed clothing being supplied to the
Detainees? Are the conditions within the camp sanitary enough to ensure a
clean and healthy environment free from disease and epidemics? Is there
an infirmary located within the camp? (1 .1, 1.2, 4.1)

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9. How are you organized to handle the different categories of personnel
(EPW, CI, OD, females, JVs, and refuges)? How about female Detainees? How and where do you house them? Do you maintain a separate site for sick or wounded Detainees? If so where is it and how does your unit maintain the security and safeguarding of Detainees there? (1.1, 1.2, 1.8, 2.1, 3.1)
Describe the procedures you use when you inprocess a detainee. (CPA Forces Apprehension Form, two sworn statements, EPW tag, where do you store Detainees' confiscated personal affects (if any) and how are they accounted for (are they tagged with DD Form 2745)? How is evidence tagged? What procedures are in place to dispose of captured enemy supplies and equipment?) How is the transfer of Detainees handled between different services and Other Governmental Organizations? (1.1, 1.2, 1.8, 4.1)

Where do you store Detainees' confiscated personal affects (if any) and how are they accounted for? (Are they tagged with DD Form 2745)? (1.2, 1.8)

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12. What are the procedures for the interrogation/questioning of Detainees?
(1.1, 1.2, 4.1)
13. What are the procedures for the transfer of custody of Detainees from the MP/Guard personnel to Military Intelligence personnel? When the detainee is
(what info is passed on to
returned to the guard force, what procedures occur?
the Guard Force (type of reward?)?...Observation report, paper trail audit)
(1.1, 1.2, 1.7, 4.1) s?

What kind of stress counseling do you provide to Soldiers/Guards? (1.1, 1.2, 2.1,
Are Detainees allowed to practice their religion? Is there a chaplain available to minister to the detainees? Is the chaplain a Retained Personnel, US Forces, or a civilian? (1.1, 1.2, 2.1, 4.1)

Describe the latrine facilities for Detainees' use (do they have access to it day and night and does it conform to the rules of hygiene and do females have separate facilities). How are they cleaned and how often and by whom? Where do they bathe and conduct other personal hygiene (this will depend how long it takes to evacuate Detainees to U.S. Military Controlled Detention Facilities--12 hours is the standard)? (1.1, 1.2, 1.8)

Describe how the unit plans and procures logistical support to include: transportation, subsistence, organizational, and NBC clothing and equipment items, mail collection and distribution, laundry, and bath equipment ISO DO. What logistical support do you receive to run this Facility? What types of supplies is greater in-demand for the unit during detainee operations? What are your shortfalls (1.1, 1.2,1.4, 1.5)

22. How do the Detainees receive fresh water (Bottled water or Lister bag)?
(1.1, 1.2, 1.8)

23. What personnel or equipment USR shortages are affecting your ability to perform detainee operations? (1.3, 1.5, 17, 2.1, 3.1)
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What do you perceive to be doctrinal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine/accomplish differently? How about Force Structure to ensure Detainee 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)

What are the procedures if an EPW or RP in U.S. custody dies? (1.1, 1.2,

261. What AARs or lessons learned have you written or received regarding detainee operations? Can I get a copy? (preferably on disk) (2.1, 2.2)
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27. Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 4.1)

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

What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2, 4.1

Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.6, 4.1)

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

What procedures are in place for Detainees to report alleged abuse? (1.2, 1.6, 4.1)

34. 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)(
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35. Describe your working environment and living conditions since being in
Theater. (Identify physical and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4,
1.5, 1.6, 1.7)

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36. 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?)n
37.Are you aware of any incidences of detainee or other abuse in your unit
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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 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 ((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 ( . (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) (

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
41. 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.) (