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.

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

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(All) What is your overall role in detainee operation process? Wha-,,t,),...
involvement do you have in the interrogation process of detainee l'' .
operations? Do you provide a means to validate detainee's­information? Do you provide input as to the disposition of the detainee? (1.1, 1.2, 4.1)
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(All) What references/standards/Publications/SOPs do you use to conduct -%-,-LUcAstkaA
2. interrogation Operations? (1.1, 1.2, 2.1, 4.1) W"."` P.NesAt.,,
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3. (All) Did your soldiers undergo Level B Law of War training prior to deployment?Po-Explain what training occurred. Is there a plan to train new Soldiers (replacements) to
(1.1, 1.2, 1.4,
the unit? Did this training include the treatment of Detainees? Explain.
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(All) What training have you received to ensure your knowledge of DO islAW the

1.2, 1.3, 4.1)
provisions under the Geneva Convention? (1.1,
4. (All) What Home Station/Mob Site Training did your unit conduct 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
(1.1, 1.2, 1.4, 4.1)
Detainees (EPWs, RPs, Cls, etc.)?

erwork to
Are you receiving sufficient information from the capture pap
10. (BN/CO Cdr) s
properly conduct screenings and interrogations? Are the current requirement 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) (No standard)
etainees from 11.(BN/C0 Cdr) What are the procedures for the transfer of Wcustody of
detDainee is
the MP/Guard personnel to Military Intelligence personnel? hen the
to the
(what info is passed on
returned to the guard force, what procedures occur? 1. 4.1 )
Guard Force (type of reward?)...observation report, paper trail audit)
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Describe the screening /background checks required prior to hiring
12. (CO Cdr/Bn S3)
interpreters. Are they trusted by U.S. Soldiers? (1.3, 1.7, 4.1)
gence agents conduct interrogations of detainees? What
ounterintelli of
13. (All) Do c
training have they received for conducting interrogations? What is their understanding 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
14. (All) e/accomplish
Operations? How would you fix/incorporate into updated doctrin Operat
ions can be differently? How about Force Structure to ensure Interrogation 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) -A
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15.(AII) What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2, 4.1)
16. 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)
(AII) Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 4.1)

(AII) Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.2, 1.6, 4.1)

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

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

\4 DA IG
(All) What procedures do you have to report suspected detainee abuse (IG, CID,
Next Level Commander) (1.2, 1.6, 4.1)

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

25. 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). ­
26. 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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27. 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?)­
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28. 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 .degradshim.
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?
29. Describe what you understand happened leading up to and during the . incident(s) of abuse. (No applicable standard) \
30. 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) ­

31. 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.) \

(Identifies perceived
34. What measures are in place to boost morale or to relieve stress?
35. What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution.) ­