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

1. What medical requirements in support of the detainee program were identified in the
medical annexes of relevant OPLANs, OPORDs, and other contingency planning .

. documents? What identified requirements were actually allocated? What. procedures· were specified in these documents? (Col/ect theaterllocal policies, SOPs, etc) (1.
1.2, 2.1, 4.1)
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2.
What training, specific to detainee medical operations. did you receive prior to this

3.
What are the minimum medical care and field sanitation standards for collection points/internment facilities? What have you observed when detainees are received at collection pointslinternment facilities? (Describe the process) (1.2, 1.4, 1.8

-4. How often are the collection points/internment facilities inspected (PVNTMED inspections)? Who performs the inspections (field .sanitation team, PVNTMED detachment)? What do the inspections consist of? What do you do with the results of the inspections? Are the appropriate commanders taking the necessary actions to correct the shortcomings noted during your monthly medical inspections? Have you observed any recurring deficiencies d!Jring your inspections? (Obtain copies of past inspection reports) (1.1, 1.2, 1.3, 1.7, 2.1,· 4.1)

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5.
How do you ensure that each unit has a field sanitation team and all nec~~'s~fYfleld sanitation supplies? What PVNrMED personnel are assigned to MP units responsible for detention operations? (1.1, 1.2, 1.3, 1.4, 1.5, 1.7, 2.1, 4.1) .';

6.
How are detainees initially evaluated (screened) and treated for medical conditions (same as US)? Who performs the screening? 'What do you do if a detainee is suspected of having a communicable disease (isolated)? (1.1, 1.2, 2.1, 4.1)

7.
How often do you or your staff conduct routine medical inspections (examinations) of detainees? What does the medical evaluation consi~! of? What is the purpose of the medical examination? How are the results recorded/reported? (1.1, 1.2, 1.3, 1.7, 2.1, 4.1)

8.
Does every internment facility have an infirmary? If not, why not? How do detainees request medical care? What are the major reasons detainees require medical care? Have any detainees been denied medical treatment or has medical attention been delayed? If so, why? (1.1, 1.2, 1.8, 2.1, 4.1)

9.
How do detainees obtain personal hygiene products? (1.1, 1.2, 1.8, 4.1)

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DAIG
DOD-038046
10. What are the procedures for the transfer of custody of detainees to/from the infirmary for medical treatment? How is security maintained when a detainee is transferred to a medical facility? (Database, form, etc) (1.1, 1.2,1.7,
4.1 . .
11. What are the procedures for repatriation of sick and wounded detainees? 'Who is eligible for repatriation based on a medical condition? How do you interact with the Mixed Medical Commission (EPW/RP only)? (1.1, 1.2, 4.1)
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13.
What are the standards for detainee working conditions? Who monitors and enforc"es them? Who administers the safety program? What is included in the safety program? How does a detainee apply for work-related disability compensation? (1.1, 1.2, 1.7, 4.1)

14.
How are retained medical personnel identified? What special conditions apply to them? How are they employed in the care of detainees? . How are they certified as proficient? Who superVises them? (1.1, 1.2, 1.7,4.1)

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3389
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DAIG
DOD-038047
15.
What measures are taken to protect US personnel from contracting diseases carried by detainees? Who mon.itors/enforces these procedures? (1.1, 1.2, 1.5, 1.7, 4.1)

16.
What kind of stress counseling do you provide to·Soldiers/Guards of detainees? (1.1,1.2,.2.1,4.1)

17.~ceduresIf a detainee In U.S. custody dies? (1.1,1.2,4.1)

18.
What do you perceive to be doctrinal medical shortcomings pertaining to detainee operations? How would you fix/incorporate into updated doctrine/accomplish differently? Does the current force structure of the Medical/MS/SP Corps support the successful accomplishment of detainee operations? What are the shortcomings, and

19.
If you noticed any markings and/or injuries on a detainee that might lead you to believe the detainee was being abused, what would you do with the information? Do your subordinates know the reporting procedures if they observe or become aware of a detainee being abused? (1.1, 1.2, 1.6, 4.1) (Serious Incident Report/Commander's Inquiry, etc) _

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DOD-038048
20.
Overall, how do you feel detainees are being treated at the infirmary, collection points and/or detention facilities? What systemic weaknesses have you identified? No standard. Personal observations. (1.1, 1.2, 2.1, 4.1)

21.
What AARs or lessons learned have you written or received regarding~tainee operations? Can I get a copy? (preferably on disk) (2.2) -7.e ) !?.Jf:~~i[tr­

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22.
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)______________________________

23.
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)___

24.
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¢ ~vNOW -~"'fO;OC1e4 PfOCfJ. ~

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DAIG
25. 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 compelariy 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 state·ment 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 court­martial. (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 assa,ult, assault, murder). Under Article 31, you have the right to remain silent, th~it 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?
26. Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable stangard), ________________________
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DOD-038050
27. Describe Soldier morale, feelings and emotional state prior to and after the.se
incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, retaliation, preemption, family crisis) __________________________
28.
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) ________________

29.
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard) .

30.
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. ________

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

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DAJG
DOD-038051

32. What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution.}_______________
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DAIG
DOD-038052
C-4/J-4/G-4 (DIVISION & HIGHER) INTERVIEW QUESTIONS (ALSO POSSIBLE COS COM CDRs/G-4s OR DISCOM CDRs/S4s)
Rank 1f\;"L-Branch a-~ Date: 2~CJi unit.----:.T_l.....f____ Duty Position o~HowLong in Job__9'.....-'M~·~AZ~.~_____ Interviewer \,1 C ~How Long In Country -+1~/iLi-,--··tc7_____
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1. Concerning logistical operations, what is your role in the support of (Theater/Division) Detainee Operations? (1.1, 1.2, 1.5, 4.1) AR 190-8, para 1-4, g., Combatant Commanders, Task Force Commanders and Joint Task Force Commanders will (2) Plan and procure logistical support to include: transportation, subsistence, personal, organizational and Nuclear, Biological &Chemical (NBC) clothing (3nd equipment items, mail collection and distribution, laundry, and bath for EPW, CI and RP. (3) Collect and dispose of captured enemy supplies and equipment through theater logistics and Explosive Ordnance Disposal (EOD) channels. (4) Coordinate for acquisition of real estate, and as required, for planning, design, contracting, and construction of facilities for EPW, CI and
RP with the Theater or JTF Engineer. (5) Establish guidance for the use, transport, and evacuation of EPW, CI, RP, and ODs in logistical support opeJations. .
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2. Describe priority of support for Detainee Operations. How does this compete with your other mission requirements? Is the Priority of Support in SOPs, OPORDs/FRAGOs? (in writing) (1.1, 1 :2, 1.5, 4.1) (AR 190~8, paragraph 1-4g (2),
(Commanders will plan and procure logistical support to include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. FM 3-19.40, para 7':101, Supply functions in a confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from fa ling into the hands of pJisoners.)

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3. Describe how subordinate units plan and procure logistical support for Detainee Operations. (include: transportation, sundry items, subsistence, organizational, and NBC clothing and equipment items, mail collection and distribution, laundry, and bath equipment) Have you ever coordinated for transportation to evacuate Detainees out of the AOR? Who approved the transfer? (1.1, 1.2,1.4, 4.1) (AR 190-8, para 2-3, Evacuation Policy. a. Evacuation of EPW or RP outside the theater of operations requires
SECDEF approval. b. Wounded EPW generally will not be evacuated to CONUS until released from medical channels. They will be processed through U.S. military police assets. If EPW are to be medically evacuated, they will be processed and accounted for per this regulation. AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure logistical support to include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. FM 3-19.40, para 7-101, Supply functions in a confinement facility are the same a$ those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from falling into the hands of prisoners.) AR 190-8, para 6-15. Transfers. a. Authority to
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DAtG transfer. Theater commanders m'ay direct the transfer of the CI, subject to the following conditions: (1) The CI may not be transferred beyond the borders of the occupied country in which interned excepCwhen for material reasons it is impossible to avoid such displacement. The CI thus evacuated will be transferred back to the area from which they were e acuated a soon as hostilities in that area have ceased.

4. What are some of the services being contracted outloutsourced to support Detainee Operations in Theater? Are there any issues concerning contracting or budget that you are aware of that impact Detainee Operations? If so, what are they? Who oversees the contracts that support Detainee Operations and where can we find out who the Army Representatives are (CORs)? (Contracting and Outsourcing references/standards are unknown at this time. Will need to make observations based on interviews, observations and document reviews-follow-up required
w.hen we reto/n to CON~S) (1.1,1.2,1.3,1.5,1.7,.4.1)

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rrJ./ 5. Are you aware of any Home Station Training that subordinate Combat Service 7~ l/ Support units conducted prior to deployment to help them prepare for Detainee QV: ; Operations? (to include collection point activities, etc) Can you describe it? (1.1, iP"',\';l/ 1.2, 1.4, 4.1 00002310.1 (The U.S. Milit~ry Services shall be given the necessary training to ensure
r/\ .~ they have knowledge of their obligations under the Geneva Conventions (references (b) through(e» and
D~)' i, as required by 000 Directive 5100.77 (reference (f» before an assignment to a foreign area where
~~ capture or detention of enemy personnel is possible.) (AR350-1 para 4-14c~(2) and table G-1 Refresher
/ . training, dated ~ April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted person;11el 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. (000 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.)

6. Have you had the opportunity to personally visited each of the Internment Facilities to determine if units have the necessary support and supplies to run their facilities? If so, what did you find? How about division and brigade Collection Points? (1.1, 1.2, 1.5, 4.1) AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure logistical support to include:
transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. (FM 3-19.40, para 7-101, Supply functions in a
339 9 2
DAIG
confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from falling into the hands of prisoners.)
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7. What are your challenges/issues in providing daily food rations in sufficient quantity, quality and variety to keep Detainees in good health and lAW with their cultural requirements? What is the schedule for feeding and what are they being fed? Please elaborate (1.1, 1.2, 1.5, 4.1) AR 190-8, para 6-5, b. Food. (1) Subsistence for the CI will·be issued
on the basis of a master CI menu prepared by the theater commander. Preparation of the menu will include the following: (a) The daily individual food ration will be sufficient in quantity, quality, apd variety to maintain the CI in good health and to prevent nutritional defiCiencies. {b) The customary diet of the CI will be considered. (e) The Clperforming physical labor will receive additional food in proportion to the· kind .of labor performed. (d) Expectant and nursing mothers and children under 15 years of age will receive additional food in proportion to their physiological needs. (2) Facilities will be available to the CI for preparing additional food received or procured by them from authorized sources.

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8.. How do Detainees receive fresh potable water in your area of responsibility? (Bottled -water, Lister bags, running water--if so, is it potable) (1.1, 1.2, 1.8,4.1) (AR 1QO-8, para 3-4.e, f, g) Sufficient drinking water will be supplied to EPW/RP. AR 190-8, para 1-5, a. (1) All persons captured, detained, interned, or otherwise held by u.S. Armed Forces custody duririg the course of the conflict will be given humanitarian care and treatment from the moment they fall into the al release or repatriation.)

9. What procedures are in place to account for and dispose of captured enemy supplies and equipment? (1.1, 1.2, 1.5, 4.1) AR 190-8, paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy supplies and equipment through theater logistics and EOD channels. (AR 190-8, para 2-1, a. (1) (b) (c), All equipment, documents, and personal property confiscation during the search must be tagged and administratively accounted for by the capturing unit. DO Form 2745, Part C is attached to the property confiscated from the Detainee, so that it may later be matched to that Detainee.) AR 190-8, paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy supplies and equipment through theater logistics and EOD channels.) FM 3-19.40 para
3-14. Property Accountability. When seizing property from a captive-" Bundle it or place it in a bag to keep it intact and separate from other captives' possessions. "Prepare DA Form 4137 for confiscated and impounded property.) -/ J~ I j ~/ I
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DAIG
DOD-038055
10.What are your biggest issues concerning adequate facilities for Detainees (tents, cots, etc)? (1.5,1.8,4.1) (AR 190-8, para 6-1, All necessary and possible measures will be taken to ensure that CI shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection
against the rigors of climate and the effects of war. In no case shall permanent places of internment be plac d in u healthy reas, or in districts the climate of whic is injurious to CI.

11. What are your biggest issues concerning logistical" support for Detainee Operations? . (1.5, 4.1) (AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure logistical support to include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. FM 3-19.40, para 7-101, Supply functions in a
confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from falling into the hands of prisoners.)
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13. Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying a 000 Component know that they shall report reportable incidents through their chain of command and that such reports also may also be made through other channels, such as the military police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any
other incident the commander determines to be of immediate concern to HQDA based on .the nature, gravity, potential for adverse publicity, or potential consequences of the incident.
~~
. .
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DAIG

14. 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) AR 600-20 Command Policy 2-1. Chain of Command a. The chain of command assists commanders at all levels to achieve their primary function of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these soldiers responsible for
their actions. ____'______________________________
15. 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) FM 10­1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical level will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support well forward on the . battlefield must be developed. Frontline soldiers require brief respites from the rigors associated with
combat. A facility complex (Force Provider) will be available in which they can shower, clean their clothes, eat hot ']leals, and rest in an environmentally controlled shelter. _______________
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16. 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?) 1 AR 600-20·13 May 2002 1-5. Command, b. Elements of command.
c. The commander is responsible for establishing leadership climate of the unit and deveioping diSCiplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers, Ie der and led alike, work together to accomplish the mission rather than
feed their self-interest. . --+r-=-..:.:...;~T---:f-,(;Hr~--r----------------------­

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DAJG
17. Are you aware of any incidenc.es otdetainee or other abuse in your unit? AR 190-8, 1­
5. General protection policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained, interned, or otherwise held in
U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered lAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under
. international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. c. All persons will be respected as human beings. Theywill 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. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence. d. Photographing, filming, and video taping of individual EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander's chain of command. e. A neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva . Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the language of the EPW, Cl and RP. ­
.~
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 court­martial. (1.2, 1.6)
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DA'G
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). UnderArticle 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 ~ 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 y?u want a lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?
18.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard)~.-.L...d-4/....A'-'--______________________

19.
Describe Soldier morale, feelings and emotional state prior to and after these incidents? (Identifies unit and Soldier m.orale, atmosphere, mood, attitude, stress, retaliation, preemption, family crisis) tJ lit . .

20.
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) (AR 190-40, Appendix B, Category 1.

Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQOA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQOA based on the nature, gravity, potential for advers.e publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and
3401 7 DAJG
practices, and their manners and customs. At all times the CI will be humanely treated and protected _ against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be . reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting
instructions in AR 190-40 will be used.) ________________________
2t. How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard). __-rt-______---------------­
;Jilt
22. Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para 11~5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigLie casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsioility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOsJ) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental heal~h personnel (see Appendix B for information pertaining to combat stress control units). If any link in the I chairi of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. I FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general,
. princi a, and s ecial staff, and by speciali ed Army escunits and~~nt~~alth personnel.dtq t;:; I ~I '"'­

23. What measures' are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the
OAIG
organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all
. echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health personnel. J
. +(,~fj /UY-7J.L (C;;;;/~s. ) (; b'UID~/f ftf.e ~~. i =1)/ 'f£ (
24. 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 bein tough ~nough to ensurEj its exec tion." . \ Uh..-,.. V{" 4-c C& '7 )

3403
9

DAIG
DOD-038061
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I~,_'1/'7, A 1.-' jlU,"".A""v4 ,,' _ SJA -7 Poj t ()~ I~--'s -4-~S ­
/ -, L ' ~.b'~ INTERVIEWQUESTIONS DrllJ(,)T-;;~, d t~{ ",
..
i ",i,v -f-ei r-/flh' /JP~d-~_¥-A -h /7,,, "'/7 pi-.
/r./t;N I. !. "(
~ I' Rank Branch --,--__Date:' Unit ~R'~.J-£-Duty Position How Long in Job J' /1­
r
Interviewer p.~" .,... 0 How Long have you been in Country L~v"",,~ () f..1-=-}J /) 06 J

1. What specific measures has the commander/unit taken to ensure comPIlance, it ' \ with the Law of War regarding detainee operations? Individual training events? VVJ J When? Collective/unit trainin~events? When? (1.1, 1.2, 4.1) ~

ii 3. What specific measures did the unit take prior to arrival in the AOR to ensure
! that subordinate leaders and soldiers know and understand how to treat, handle, and process detainees properly? Do leaders and Soldiers know and understand how to apply Detainee Operations doctrine and standards when they
. ___ ~_arrive in the AOR? Can you provide some examples, (1_1, 1A, 1.5, 1.7, 1,8)
~~~ ,
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r ' ,

4.
How is the issue of classification of detainees being handled? Are any Article 5 tribunals being held or is there a presumption that the insurgents clearly do not meet the Article 4 GCIII EPW criteria (commanded by a person responsible for his subordinates, wearing fixed distinctive sign, carrying arms openly, conducting operations in accordance with the laws of war)? (1.1, 1.2, 1.4, 1.6,4.1 . 0& .-'J­

5.
Did units receive training on the reporting of Detainee abuse? When did this training occur last and how often is it cond,ucted by the units? Are units reporting Detainee abuse? What is happening to individuals who abuse Detainees? How many cases of detainee abuse have you heard of and or processed since you have been in country? At what point in the detention process are most of the' abuses occurring? (point of capture, initial collection point, by guards at. internment facility, by interrogators)(1.1, 1.2, 1.4, '

·' ·"o';·.~:
4.1_____________________________________________________
6. What control measures are units using to maintain detainee discipline and· security in each internment facility/collection point? (1.1, 1.2, 4.1) Don't forget the 55's and T. These are valuable tools to maintaining discipline and
.security in a camp/collection point.
7.
What are the procedures you follow if you personally notice or if it is reported to you that a detainee is injured and you suspect the detainee has been abused? What training has the unit received regarding reporting procedures for detainee abuse? (1.1, 1.2, 4.1

8.
What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2,4.1)

,....;.
3405
2
DAIG
I
I

!
I
9. What are the Theater guidelines for any EPW, CI, and RP claims against the
I,
U.S. Government? (1.1,1.2,1.6,,4.1) I
! ~ ,
I'

10. (Internment facility Judge Advocate only) What is the procedure if an
I
EPW or detainee wants to make a complaint or requests to the camp , I commander regarding conditions of their internment? How are Detainees complaints and requests to the camp commander processed? (1.1, 1.2, 4.1)
I
,
11. Have any detainees refused repatriation? If so, what happened to them? '
, (1.1, 1.2, 4.1)'
12. What happens when a detainee is suspected of, or is known to have committed a serious offense while they are being interned at either the collection point or detention facility? Describe the due process available to detainees and rights of the detainee suspected of committing a serious offense. Have you or any Staff Judge Advocate provided legal advice to a detainee who might have committed an offense? (1.1, 1.2, 1.4,1.6)
13. What is your fe~ling on how Detainees are being treated? What do you feel is the primary focus/purpose of detainee operations. (force protection, punishment, rehabilitation, protection, merely a regulatoryllegal requirement) No standard. Personnel observations and feelings. (1.1, 1.2, 1.6, 2.1, 4.1)
3406
3 DAIG
000-038064

I I I
14. What AARs or lessons learned have you written or received regarding detainee operations? Can J get a copy? (preferably on disk) (2.1, 2.2)

15.
What do you perceive to be doctrinal legal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine/accomplishdifferently? How about Force Structure of Staff Judge Advocate 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

16.
What do you perceive as the mission of your unit? Describe the importan"ce of your role in that mission. (Insight to the Soldier's understanding and attitude concerning unit mission and their rOle}.________________

17.
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)_______________________
3401
4
DAIG
18. 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?) ____________
19. 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)
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, atyour 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

3408
5
DAIG
I
i
I

I
lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?
20. Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard) _______________
,
t
I I
21. Describe Soldier morale, feelings and emotional state prior to and after these
incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, . I retaliation, preemption, family crisis) __________________
I
22.
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 _______

23.
How could the incident have beJn prevented? (Identifies root cause and perceived solution) (No applicable standard) _________________

24.
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. ______

3409
6
DAIG
25.
What measures are in place-to boost morale or to relieve stress? (Identifies­perceived solution.) ________________

26.
What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution.)________

3410
7
DAIG
DOD-038068

,J ~ i
(~(b),l
c. 1.-& (b)/J,')( CoL o\)"' err; 5 .-C-1.tJ
PRO¥65T ~Aft8HAL INTERVIEW QUESTIONS
Rank ~kBranch M'f Date: !£ThQyl a\\ Unit~
Duty Positi~~t.5±srS;r How Long in Job--=-I~'&-I~~k~,"=",--:-_--,__
Interviewer._ How Long in Country;;;?i~_ .:;:;:CI ~cw-... O·l{

1~"fo')~L
1. What references/sfanaards/publications/SOPs do you use to conduct Detainee
Operations? (1.1,1.2,2.1,4.1) AR 190-8, 000 Directive 5100.77,1949 Geneva Convention, FM 3-19.40, These are the primary source for standards and doctrine concerning Detainee Operations).
~~.p J90-Xl.\j'1 1'l=f.'trYD

2. What is the C2 structure/organization of internment facilities across Theater? How many internment facilities under U.S. Military Control, do you oversee? How many
. divisional Central Collection Points? How about Brigade Forward Collection Points? What MP units in Theater operate internment facilities and where are they positioned? (Battalion and Above) Describe the essential organizational requirements to run an internment facility. (Organizational Elements, Manning, Facilities, Equipment). Do you' have what you need to accomplish the mission? If not, explain? (1.1, 1.3, 1.5, 1.7, 2.1, 2.2, 3.1,4.1) (FM 3-19.40, Appendix 0, Table 0, Lists and provides details of MP organizations
. and their duties regarding internment facilities.) (FM 3-19.40, Ch 2, all MP commanders and staff members must be familiar with applicable ARs, Army directives, and international laws necessary for the successful operation of IR and confinement facilities.) •
~~*S'",,,,-\!-I " T I'ft ~ ~M. N (I \ .~~['1 -I-UV! f BL 0 If l 1.Vt\Ak:l

3. How do you ensure the units operating these locations/facilities are complying with the provisions of the Geneva Convention and AR 190-8? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-1, Internment facilities will be established in the communications zone of each theater of operations for the purpose of receiving, accounting for, administering, and logistically supporting EPW/RP. Para 3-2 a. The operation of all EPW internment facilities is governed by the provisions of the Geneva Conventions. Para 3-2 b. The Theater commander remains responsible for the iocation of EPW facilities; detainees may be interned only in premises located on land and affording proper health and hygiene standards. Except in extreme circumstances, in the best interests of the individual, detainees will not be interned in correctional facilities housing military or civilian prisoners. Prisoners will not normally be interned in unhealthy areas, or where the climate proves to be injurious to them, and will be removed as soon as possible to a more favorable climate. Transit camps or collecting points will receive the same treatment as in permanent detainee camps. The internment facility will be marked with the letters 'PW'
(Prisoner of War camp) and will be placed so they will be clearly visible from the air during the daytime. Other markings may be used when agreed to by the combatant commanders and approved by HQDA.)
~rt\..'O.".,.s~Ofej%S . .

341]
1

" ":;;l" -r
DAIG
DOD-038069

4. Are detainees being employed to work? What are the General policy and
procedures for the Employment and Compensation of Deta;nees? (1.1, 1.2, 4.1) Para 7­1, b. & C., The CI will be employed so far as possible for the construction, administration, management,

and maintenance of the CI Camps. The CI compensation procedures will be accomplished lAW AR 37­
1.) AR 190-8, para 5-2, a. Establishment. A safety program for the CI will be established and administered in accordance with the policies prescribed in AR 385-10 and other pertinent safety directives. AR 190-8, Para 7-1, b. & c., The CI will be employed so far a,s pos.:;jbl~}or the construction, administration, management, and maintenance of the CI Camps. The Cld'6~p~iisation procedures will be accomplished lAW AR 37-1.) AR 190-8, para 7-5, The working conditions for the CI, to include protective clotbing"equipment, and safety devices, will be at least as favorable as those prescribed for the civilian population of the occupied territory by the national laws and regulations and as provided for in existing practice. In no case will the working conditions for the CI be inferior to those for the civilian population employed in work of the same nature and in the same district.)

5.
Is there a policy on the ratio of guards to Detainees in Theater? If so, what is it? Is this standard being met? If not, what is the shortfall and how are units meeting the challenge to overcome the shortfall? (1.1, 1.2, 1.3,2.1, 3.1,4.1) METT-TC

6.
What is your detainee segregation policy? (1.1, 1.2, 1.3, 1.8,2.1,3.1,4.1) ((EPWs, Females, Juveniles, Civilian Internees (to include those that are security threats, those that are hostile to coalition-forces, and possible HTO/HVO, and Retained persons, Criminals, etc.)) What can you tell me about the categories, of Detainees that you are holding? What are they and what are the definitions of the different categories that your organizations detain? How are you organized to handle the different categories of Detainees (EPW, CI, HVO, 00, and refugees?) (AR 190-8, para 6­

1, b. (4), (AR 190-8, para 6-1, b. (4), ql shalt be administered and housed separately from EPW/RP. Except in the case of families, female CI shall be housed in separate quarters and shall be under the direct supervision of women.) (FM 3-19.40, paragraph 2-1, An MP battalion commander tasked with operating an I/R facility is also the facility commander. As such, he is responsible for the safety and well­being of all personnel housed within the facility. Since an MP unit may be tasked to handle different categories if personnel (EPW, CI, 00 refuges, and US military prisoner), the commander, the cadre, and support personnel must be aware of the requirements for each category.)

7. What is the minimum living space standard for each Detainee? How is it determined and who set the provisions of minimum living space for internment facilities? (when

2
3412
DAIG
DOD-038070

possible, consult the preventative medicine authority in theater for provisions of minimum living space and sanitary facilities). Has a preventative medicine expert given advice on this? (1.1, 1.2, 1.8,2.1,2.2,4.1) (AR 190-8, para 3-4, e. When possible consult
the preventive medicine authority in theater for provisions of minimum living space and sanitary facilities. (AR 190-8, para 6-1, b. (2) (3), The sleeping quarters shall be sufficiently spacious and well ventilated and the internees shall have suitable ·bedding and sufficient blankets, account being taken of the climate and the age, sex, and state of health of the internees. Internees shall have for their use, day and night, sanitary conveniences, which conform to the rules of hygiene and are constantly maintained in a state of cleanliness.)

8. Do you use Military Working Dogs (MWD) within internment facilities? (1.1,4.1) FM 3­19.40,5-74, The MWDs enhance the security and safety of an IIR facility. They can be used for patrolling and detecting explosives and Qa::etics.)
1\l 1,9, h ~ )'N,~~
9. How does the command ensure that Detainee Operations is conducted is in compliance with the international Law of war? (OPORO/FRAGO, ROE, Interrogation Techniques, general orders, humane treatment, etc) (1.1, 1.2,4.1) AR 190-8, paragraph
1-4g. (Combatant Commanders, Task Force Commanders, and joint Task Force Commander have the
overall responsibility for the EPW, CI, and RP program, operations, and contingency plans in the theater
of operation involved to ensure compliance with international law of war. 000 Directive 2310.1 provides
that persons captured or detained by the U S Military services shall normally be handed over for
safekeeping to U S Army Military Police, or to detainee collecting points or other holding facilities and
installations operated by U S Military Police as soon as practical.) (FM 3-19.40, paragraph 2-29, An MP
commander ensures that soldiers understand use-of-force guidelines and the ROE established by higher
headquarters for each mission. Because the use of force and ROE vary depending on 'the category of
housed personnel and the operational environment, the commander develops SOPs .that follow the
guidance provided. He balances the physical security of force with mission accomplishment and the
. protection of deployed forces. ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE.")

·b::::=~~8-~ \n-=n H5\, +""
1o. What is the current policy to grant conditional access to the International Red Cross/Crescent to Detainees? Has this always been the policy? Are they the only NGOs that have conditional access? If not, who are the other organizations? (1.1, 1.2, 2.2,4.1) (AR 190-8, para 5-1, a. (5), e. (1), The CI will be entitled to apply for assistance to the protecting powers, the International Committee of the Red Cross, approved religious organizations, relief societies, and any other organizations that can assist the CI. As individually determined by the theater commander, protected civilian persons who are detained as alleged spies or saboteurs or as persons
~,.sN'~~ 341~
3 DAJG
DOD-038071

under definite suspicion of activities hostile to the security of the United States as an occupying power, will be regarded as having forfeited rights of communication with the outside world under the Geneva Convention (GC) for reasons of military security. Such forfeiture will be viewed as an exceptional and temporary measure. Due to the seriousness of the charges, such persons will not be processed as ordinary CI. EPWs also have access lAW 190-8, para 3-16.)
11. What is your responsibility to the National Detainee Reporting Center (NDRC)? What is your relationship with the Theater Detainee Reporting Center (TDRC)? To the best of your knowledge, when were these centers stood up? Describe the Detainee Reporting System? (Software used, Data Base Management, Data Validation, Contingencies, Security and Privacy, etc.) Who has access? (1.1, 1.2, 1.3, 1.5,2.2, 4.1) (AR 190-8, para 1-8, a, b, and (1) The Branch PWIC functions as the field operations agency for
the NPWIC: It is central agency responsible to maintain information on all EPW, CI, and RP and their personal property within an assigned theater of operations or in CONUS. b. The Branch PWIC serves as . the theater repository for information pertaining to: (1) Accountability of EPW, CI, and RP and implementation of DOD policy

12. What are the policies and procedures for US Forces transferring detainees to other Coalition Forces/Host Nation Forces? Has this been done? (1.1, 1.2, 2.2) (AR 190-8, paragraph 1-4g(1) (Commanders will provide for an EPW, CI, and RP camp liaison and assistance
program to ensure the protection of U S interests per the Geneva Conventions upon the capture and transfer of detainees to a host or other nations.) .
Co ""-±:;: .c--'4 ~~gN'\ ere))~
13. What are the procedures that allow other United States Government Agencies (OGA) access and control to Detainees for the purpose of interrogations? What is the process for transfer and accountability of the Detainee? Does the commander of each internment facility have approval authority to transfer to OGAs? How m.uch notice do they have to provide the chain of command for access or request for transfer? Do the same procedures apply when Military Intelligence personnel request access and control? (1.1, 1.2,4.1) (FM 3-19.40, para 3-68, The interrogation area accommodates an
interrogator, captive, a guard, and an interpreter as well as furniture. Accountability procedures are implemented and required forms are available.) AR 190-40 reporting procedures. (FM 3-19-40, chapter 3/3--68) If a captive or his equipment or documents are removed from the receiving/processing line, account for them on DO Form 2708 and DA Form 4137. 3-68. The site is located where screeriers can observe captives as they are segregated and processed. It is shielded from the direct view of captives and is far enough away that captives cannot overhear screeners' conversations. The site has an operation, administrative, and interrogation area. The interrogation area accommodates, a.captive, a
4
3414
DAJG
guard, and an interpreter as well as furniture. Lights are available for night operations. Accountability procedures are implemented and required forms are available.)

14. Describe the screening /background checks required prior to hiring interpreters. Are
they trusted by U.S. Soldiers? (1.3, 1.7,4.1) (FM 3-19.40, para 4-6, Requestinterpreters from MI, PSYOP, allied forces, or local authorities as necessary.)
15. What are your biggest issues concerning adequate facilities for Detainees? (1.1, 1.8,4.1) (AR 190-8, para 6-1, Discusses in detail. the standard for internment facilities for Cis.)
~v=Wvoq A ~t'"R s ~
16. Since you have been in your position, what Detention facilities/locations have you visited and inspected for compliance with law, policy, and regulations? What were the results and findings? Can we get.copies of your results? (1.1, 1.2) AR 190-8, DoD
Directive 5100.77. 1949 Genev~ Convention. FM 3-19.40. These are tne primary source for standards . and doctrine concerning Detainee Operations). .
~
17~What procedures are in place when a detainee in US custody dies? (1.1, 1.2,4.1) AR 190-8. paragraph 3-10. When an EPW or RP in U.S. custody dies. the attending medical officer will
immediately furnish the camp (or hospital) commander or other officer charged with their custody before death. the following information: AR 190-8. paragraph 3-3a (20): Report allegations of criminal acts or war crimes committed by or against EPW/RP to the supporting element of the U.S. Army Criminal
Investigation Command (USACIDC). Deaths resulting from other than natural causes will be investigated by USACIDC. Para 3-10 c: When an EPW or RP in US custody dies. the attending medical officer furnish the camp (or hospital) commander or other officer charged with their custody before death. the following information: (1) Full name of deceased. (2) ISN of deceased. (3) Date. place. and cause of death. (4) Statement that death was, or was not, the result of the deceased's own misconduct. (5) When the cause of death is undetermined. the attending medical officer will make a statement to that effect. When the cause of death is finally determined. a supplemental report will be made as soon as possible. e. The attending medical officer and the appropriate camp commander will complete a DA Form 2669-R (Certificate of Death). DA Form 2669-R will be reproduced locally on 8112 by 11-inch paper. The form is located at the back of this regulation. This form is for the use of Army only. Enough copies of form will be made out to provide distribution as follows: (1) Original-information center. (2) Copy-information center (branch). if necessary. (3) Copy-The Surgeon General. (4) Copy-EPW or RP personal file. (5) The proper civil authorities responsible for recording deaths in the particular state if the EPW dies in the United States.

5
DAIG
DOD-038073

19. Are you aware ofyour requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying a DoD Component know that they shall report reportable incidents through their chain of command and that such reports also may also be made through other channels, such as the military police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, vio'lations of the Geneva Conventions, and atrocities. B-2. Any
other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident.

20. 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) AR 600-20 Command Policy 2-1. Chain of Command a. The chain of command assists commanders at all levels to achieve their primary function of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these soldiers responsible for their actions.
341(;)
6
DAIG
DOD-038074
21. 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) FM 10­1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical level will continue to be on ­sustainment of the soldier. Each company-sized unit will. have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support well forward on the battlefield must be developed. Frontline soldiers require brief respites from the rigors associated with
combat. A facility complex (Force Provider) will be available in which they can shower, clean their clothes, eat hot meals, and rest in an environmentally controlled shelter. _______________

22. 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?) 1 AR 600-20 • 13 May 2002 1-5. Command, b. Elements of command . .c. The commander is responsible for establishing leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility
from their superiors. Soldiers, leader and led alike, work together to accomplish the mission rather than ~edtheirs~~interest. .~.~~~_~_~________~__~_________
~~~ ~§;J: M~ ~O'K ~v9"D

23. Are you aware of any incidences of detainee or other abuse in your unit? AR 190-8,1­
5. General protection policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained, interned, or otherwise held in
U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation.· (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered lAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. c. All persons will be respected as human beings. They will be protected against all

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acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily ihjury,
and reprisals of any kind. They will not be subjected to medical or sciehtific experiments. This list is not
exclusive. EPW/RP are to be protected from all threats or acts of violence. d. Photographing, filming, and video taping of individual EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander's chain of command. e. A neutral state or an international humanitarian organization, such as the ICRC, may be deSignated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the language of the EPW, CI and RP. _______________
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 court­martial. (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? ­
24. Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard)
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25. 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) ,

26. 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) (AR 190-40, Appendix B, Category 1
Reportable Serious Incidents, B-1. Actual or alleged inCidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the
, nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protectibnpolicy-civilian internee, ~. , Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition ~gainst the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected' against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting
instructions in AR 190-40 will be used.) ________________________
27. How could the incident have been prevented? (Identifies root ,cause and perceived solution) (No applicable standard) ________________________
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28. Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizationalleaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to str~ngthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the
noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health personnel. ) ____
.29. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention. of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A de~cribes combat stress risk factors and prescribes leaders' actions to control
I
them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health personnel.
30. 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.
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-

.. . ..

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.n ____________________
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5 3rd ID Ft. Stewart, GA

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DETAINEE OPERATIONS poe ROSTER

As OF 15 MAR 2004

OTJAG19
20 OTJAG
21
JAG
22 OTJAG
23 FORSCOM
24 3rd ACR
25 101 st Airborne
Division

26 III Corps and Fort IG, Fort Hood Deputy IG III Corps Hood, TX and III Corps
4th 10 Fort Hood, . IG, 4th 10
TX
28

27
XVII Airborne
Corps and Fort
Bragg, NC

29
82nd Airborne Chief Deputy, G
Division agg.army.mil

;.~~
•
30 Fort Riley, KS

Criminal Inspector General
Investigation
Command
G3DAMO-ODO Pentagon Rotation POC
31
I.­

(Database)
'"
Marine Corps IG Naval Annex i COL (703) Fax Number (703) Office (Deputy to 1 614....
33
I
..
•
the IG
34

Marine Corps IG Naval Annex Readiness Director Office
Fort Huachuca Fort SME on Interrogation Huachuca 36
35
Fort Huachuca Fort Huachuca 37 INSCOM Fort Monroe
'(ZS'i)

2 z~f5J
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DETAINEE OPERATIONS poe ROSTER
As OF 15 MAR 2004

38 USAMP Fort . Leonardwood
39 USAMP Fort Leonardwood
40 USARSO 1= Fort Sam Houston

...
. .
. + ~

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BATES PAGES 3425-3457
ARE DUPLICATE DOCUMENTS
FOUND AT BATES PAGES
3709-3741

IDA: DAIG

BATES PAGES 3458-3459 WERE REFERRED TO:
u.S. CENTRAL COMMAND, ATTN: CCJ6-DM (FOIA), 7115 South Boundary Blvd., MacDill AFB, Florida 33621 BATES PAGE 3460 WAS REFERRED TO:
u.S. Central Command, ATTN:
CCJ6-DM (FOIA), 7115 South Boundary Blvd.,
MacDill AFB, Florida 33621

BATES PAGES 3461-3462 WERE REFERRED TO:
Headquarters, 101st Airborne Division (Air Assault) &
Fort Campbell, ATTN:
AFZB-IT-A, Ms. Valeria M. Florez, Fort Campbell,
Kentucky 42223-5000

BATES PAGES 3463-3484 WERE REFERRED TO:
u.S. CENTRAL COMMAND, ATTN: CCJ6-DM (FOIA), 7115 South Boundary Blvd., MacDill AFB, Florida 33621 BATES PAGES 3485-3486 WERE REFERRED TO:
Headquarters U.S. Army Europe/7th Army, Office of
the Deputy Chief of Staff, G6, ATTN:
AEAIM-D (Peggy Keapproth), Unit 29351, APO AE
09014-9351

BATES PAGE 3487 WAS REFERRED TO:
u.S. CENTRAL COMMAND, ATTN: CCJ6-DM (FOIA), 7115 South Boundary Blvd., MacDill AFB, Florida 33621 BATES PAGE 3488 WAS REFERRED TO:
u.S. Central Command, ATTN:
CCJ6-DM (FOIA), 7115 South Boundary Blvd.,
MacDill AFB, Florida 33621

BATES PAGE 3489 WAS REFERRED TO:
u.S. CENTRAL COMMAND, ATTN: CCJ6-DM (FOIA), 7115 South Boundary Blvd., MacDill AFB, Florida 33621 BATES PAGES 3490-3491 WERE REFERRED TO:
18th Airborne Corps, ATTN:
AFZA-IT, FOIA Coordinator (Mr. Seavy Evans),
Information Technology Business Center, Fort Bragg.
North Carolina 28310

BATES PAGES 3492-3495 WERE REFERRED TO:
u.S. CENTRAL COMMAND, ATTN: CCJ6-DM (FOIA), 7115 South Boundary Blvd., MacDill AFB, Florida 33621

DA FORM 4137, 1 JUL76 Replaces DA FORM 4137. 1 Aug 74 and USAPPC V1.DD )
DA FORM 4137-R Privacy Act Statement
26 Sep 75 Which are Obsolete LOCATION ________ ~~~~~:N_T_______".,.34 9 Q
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USAPPC V1.C!:
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INTERVIEWQUESTIONS

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RankCtyJ Branch ~A Date: t.-1 h.v Unit • 13 D~
Duty P Long in Job-.. to ~.s .
Interviewer ­
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'1. What specific measures has the commander/unit taken to eris~~re compliance with the Law of War regarding detainee operations? Individual training events? When? Collective/unit training events? When? (1.1, 1.2, 4.1) AR 3S0-1: Ch.14
outlines LOW training .. Commanders tailor this training to the experience level ofJii~ soldiers. AR 190-8 should at least receive mention as primary Army doctrine in this area andbt-.course the
·_-'·Y'·
Geneva conventions for EPW treatment and DODD 2310.10 and CJCSI 5820.01 B to 'indicate that
, l
Army Policy dictates that all receive EPW treatment at least until status can be determined. AR 190-8, paragraph 1-4g. Combatant Commanders, Task Force Commanders, and joint Task Force Commander have the overall responsibility for the EPW, CI, and RP program, operations, ~nd contingency plans in the theater of operation involved to ensure compliance with international law of war. 000 Directive 2310.1 provides that persons captured or detained by the U S Military"'. services shall normally be handed over for safekeeping to U S Army Military Police, or to detainee collecting points or other holding facilities and installations operated by U S Military Police as ~' "

General Protection policy re,lative to the treatmentof Detainees in the custody of the US forces? (1.1, 1.2, 4. 11) Common Article 3, Geneva Convention and DODD 5100.77 making treatment IAWGG during all military operations. Per CommoriArticle 3, GPW; FM 21:-10; AR 190-8, paragraph 1-5 a-g, All persons detained, captured, interned, or otherwise held in U S 1rp1~d Forces custody during the course of conflict will be given humanitarian care and treatment
(6"lfo)-'L from the mom~lit they falhinto the hands of .U S force? until ~inal release a.nd repatriation. All . . ..' persons taken Into custody by U S forces Will be prOVided With the protection of the GPW, until ef'1"" some other legal status is determined by competent authority.
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3. What specific measures did the unit take prior to ,arrival in the AOR to ensure that subordinate leaders and soldiers know and understand how to treat, handle, . and process detainees properly? Do leaders and Soldiers know and . understand how to apply Detainee Operations doctrine and standards when they
. ~.
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. . ~ l·~ .".; " {.. . . \'\ arrive In the AOR?Can you provide some examples. (1.1, 1.4, 1.5, 1.7, 1.8) \ AR 190-8, DoD Directive 5100.77,1949 Geneva Convention, FM 3--4,9.40, These are the primar source for standards and doctrine concerning Detainee Operations'; AR 190-8, paragraph 1-4 g '_ The AR is a multi-service regulation for all services, (AR 350-1 paragraph 4-14c.(2) and table G-_ Refresher training, dated 9 April 2003), Level B training is c!?,nducted in units for officers, warrani-­officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR ,190-8 \ paragraph 1-5(4)(C) 000 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, paragraph 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.»

4. How is the issue of classification of detainees being handled? Are any Article , ' ,~ribuna's being held or is there a presumption th~t the insurgents clearly d,O not , \ / ~eet the Article 4 GC 11.1 EPW criteria (commanded by a person ..responsiblefor
NCl . his subordinates, wearing fixed distinctive sign" carryi"ng arms openly, conducting . ' operations in accordance with the laws of war)? (1.1, 1.2, 1.4, 1.6, 4.1) AR 190-8, Chapter 1, para. 1-4.d.(4) "Provide guidance regarding GPW Article 5 Tribunals." Per GPW Art.5, Art. 5 tribunals are required in International Armed Conflict situations when the EPW status of an individual is in doubt. Article 5 tribunals are not required abs~nt international armed conflict (State vs. State). Therefore, normally Art. 5 will not apply in Afgh~nistan. (Presently, this is a consideration primarily in IRAQ. However, classification lAW AR 190-'8 is still an issue in Afgha)JJ.stan) •
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~idunits receive tri'ining on the reporting of Det~inee abuse? hen,did this' training occur last and how often is it conducted ,by the units? Are units'reporting
II t
~Detainee abuse? What is happening to individuals who abuse Detainees? How 1'-'6 many cases of detainee abuse have you heard of and or processed since yo (: :_.~-v/ have been in country? At what point in the detention process are most of the
{ ........A.-) abuses occurring? (point of capture, initial collection point,-by guards at internment facility, by interrogators)(1.1, 1.2, 1.4, 4.1) AR 350·1, paragraph 4­
14. Law of war training a. Soldiers and leaders require law of war training throughout their mil.it~ry careers com.mensurat~ with t~eir ~uties and re·sponsibilities. P~escribed, subject matt~~9 training at the follOWing levels IS speCified In paragraphs 4-14b-d of thiS regulat[on. (1) Level A training is conducted during lET for all enlisted personnel and during basic courses of instruction
.,DAIG b
000-038097

for all warrant officers and officers. (2) Level B training is co}idueted in units for officers, warrant
officers, NCOs and enlisted personnel commensurate with the missions of the unit. (3) Level C
training is conducted in TASS. c. Unit commanders will plan and execute level B law-of-war
training based on the following: (1) TrainIng should reinforcethe'Qf;tnciples set forth in The
Soldier's Rules. (2) Training wi~1 be designed around current miSSl'qns and contingency plans
(including anticipated geographical areas ofqeplqYlllent or rules Of~,l'!lgagementJ. (3) Training
will be integrated into unit training activities, fiJld'kaining exercises ci~:d:.un·ifexternal evaluations.
Maximum combat realism will be applied to tacH~31 exercise~ consistei{f.t~!ihgoo~' safety

,practices. AR 190-8 paragraph 1-5(4)(C) DOD Dii'tlg,tive 5100.77), All pris~6iiers WIll receive
humane treatment and that the following acts are pr~bibited murder, tortLi'f~~ccirporal punishment,
mutilation, takin~ of hostages; sensory depri~ation, cdI\~stive punishme~ts:"%*jp~ti9n without trial
by proper authority, and all cruel and degrading treatmer)t,,-Prisoners Will bepr. 'teded against all
aC!§..pf vjolence to include public curiosity. '~I::~~", • 1-" '~" ""

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6. What control measures are units using to maintain detainee discipline ~~d
security in each iriternment facility/collection point? (1. 1, 1.2,4~ 1)rr!Don't forget
the 5 S's and T. These are valuable tools to maintaining discipli.oe' and \''''''
security in a camp/collection point. AR 190-8, paragraph 3-6, Measure~t~~dedto \.

maintain discipline and security will be established in each camp/collection point andrfgL;lly .;,
enforced. The camp commander will maintain records of disciplinary punishments. These records'
will be open to inspection by the protecting power. The following acts will not be permitted;:"
Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined
as improper or intimate communications'or actions between U.S. Armed Forces personnel and
EPW/RP. Donating or receiving gifts or engaging in any commercial activity between persons in

. U.S. custody and U.S. personnel. Setting up of courts by detainees. Disciplinary poiNerswill not be delegated to or exercised by EPW/RP. Punishment will not be administered by EPW/RP.

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7. What are the procedures you follow if you personally notice or if it is reported to you that a detainee is injured and you suspect the detainee has been' abused? What training has the unit received regarding reporting procedures for detainee abuse? (1.1, 1.2, 4.1) AR 190-8 paragraph 3-3 (20) Report alJegations of criminal acts or
'war crimes committed by or against EPW/RP to the supporting element of the U.S. Army Criminal Investigation Command (USACIDC). Deaths resulting from other than natural causes will be investigated by USACIDC. AR 190-8 paragraph 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 pro~&a~1Ii~¥:rpublic curiooi~.
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8. What are the proced'JPes'ira detainee in'U.S: custody dies? (1.1,1.2, 4.1}AR .
190-8, paragraph 3-3a (2.Q;z,fReport allegations of&rriniHal.apt's ?~'~ar crime~ co~mittedby'or . against EPW/RP to the supporting element of th~r,ll;S~ Army Crrmlnallnvestlgatlon Command (USACIDC). Deaths r~yHi"g from other tha.ry:~a.tu~al.caLJSes will. be. inve~tigated by US~CIDC.
Para 3-10 c: When anEPWor RP in US custody dIes; the attendrngmedlcal officerfurnlsh the camp (or hospital) cq-trifnander or other offic.e.r charged with their custody before death, the' following inforrriatiort:,(1) FiJll name of de6~ased'. (2) ISN of deceased. (3) Date, place, aii.d cause of death. (4) Statemerlt that death w;ls, or was not, the result of the deceased's own misconduct.
(5) When the cause 'bfdeath is' und'e~errTriried, tfi'e atte'hdln~rme~le~1:6fficer\vifl make a 'statement to that effect.WIlenJhe, cause of deatnis,Jinally.determined, a supplemental repol1will be made as soon as possible. e. The attending medical officer and the appropriate camp. commander will complete aDA Form 2669-R (Certificate of Death). DA Form 2669-R will be reproduced locally on 8112 by H:linch paper. The form is located at the back of this regulation. This form is for the use of Army only. Enough copies of form will be made out to provide distribution as follows: (1) Original-information center. (2) Copy-information 'center (branch), if necessary. (3) Copy-The Surgeon General. (4) Copy-EPW or RPpersonal file. (5) The proper civil authorities responsible for reCording deaths in the particular state if the EPW dies in the United States. .

~ .
9. What are the Theater guidelines for any EPW, CI, and RP claims against the
U.S. Government? (1.1, 1.2, 1.6, 4.1) AR190-8, Ch.1, para. 1-4d.(3) requires T JAG (or his representative) to provide guidelines for any EWP, CI, and RP claims against t the U.S.
,.
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10. (Internment facility Judge Advocate only) What is the procedure if an EPW or detainee wants to make a complaint or requests to the camp commander regarding conditions of their internment? How are Detainees complaints and requests to the camp commander processed? (1.1, 1.2, 4.1) AR
190-8, paragraph 3-16, EPW and RP have the right to make complaints and requests to camp commanders and the ICRC/protecting powers regarding the conditions of their internment. EPW and RP may not be punished for making·complaints, even if those complaints later prove unfounded. Complaints will be received in confidence, as they might endanger the safety of other detainees. Appropriate action, including segregation, will be taken to protect detainees· when necessary. This policy also applies to persons who are confined pending trial or as a result of a trial. b. EPW and RP may take complaints or requests to the camp commander. . c, Persons exercising the right to complain to the ICRCar protecting power about their treatment
and camp may do so: (1) By mail. (2) In person to the visiting representatives of the ICRC or
350f
protecting power. (3) Through their detainee representative. d. Written complaints to the'
2. "IS /~ -~~ Iv fr ~ ~J d-rrJt/ DAIG
000-038099
--. : : " • -~ : . :. :" .-.'. -.y.-,' ~'.-­
protecting power will be forvvarded promptly through HQOA, ODCSOPS (DAMO-OOL) NPWIC. A
separate letter with the camp commander's comments will be includecl.Militaryendorsements will
not be placed on a detainee's communication. e. If an ICRC/protecting power communicates

directly with an EPW/CI camp command~r about any matter requiring a'nanswer, the
communication and commander's reply wilLbe f-orwarded to HQDA, ODCSOPS (OAMO-OOL) ,
NPWIC, for proper action. f. Any act or alleg?,tiqn.Qf inhumane treatment will be investigated and,
if substantiated, reported to HQOA as a Serious Incident Report (SIR) per AR 190-40. Once
completed, a copy of the SIR accompanies the pr.isoner to the EPW/CI,c!3mp, ,and a copy is
furnished to the monitoring Branch PWIC. All available pertinent information that the EPW or RP
is willing to give, will be entered on the form.
11. Have any detainees refused repatriation? If so, whathCippened to them?
(1. 1, 1.2, 4. 1) AR 190-8 paragraph 2-2 d Repatriation or parole of th~.f,e~ainder should be considered, with the final determination directed by HODS. Prisoners will ifothe forced to be repatriated against their will. Prisoners who refuse repatriation will be treate&as prisoners of war, until their legal status and further disposition can be determined by competent'authority. AR 190­8, paragraph 6-16a (1 )-(3), (1) Control and accountability of CI will be maintaineK\!,ntil the Clis receipted for by a representative of his or her country of residence or a designate(f~rotecting , power. (2) After hostilities cease and subject to the provisions of (3) below, CI will be"released as soon as the reasons for their interment are determined by the theater commander to no longer exist. (3) The CI who are eligible for release but have judicial proceedings pending for offenses not exclusively subject to disciplinary punishment will be detained until the close of the proceedings. At the discretion of the theater commander, the CI may be detained until completion of their penalty. The CI prfvidusly sentenced to confinement as judicial punishment may be similarly detained. Lists of th~ CI held under this guidance will be forwarded to the: I i
,
Branch PWIC and NPWIC for transmittal to the protecting power. ' I' !

j
~,
I
12.. What happens when a detainee is suspected of, or 'is' knownto have
committed a serious offense while they are being interned at either the collection
point or detention facility? Describe the due process available to detainees 'and
i
"
rights of the detainee suspected of committing a serious offense. Have you or , r
, ~ -­
r.
any Staff Judge Advocate provided legal advice to a detainee who might have ~ 1 ,
committed an offense? (1.1; 1.2, 1.4, 1.6) AR 190-8, paragraph 3-7a, band c -EPW/RP ~ --­are subject to the punishment under the Uniform Code of Military Justice and other U.S. Laws,
regulations and orders in force during the time of detention. b. Judicial proceedings against EPW
and RP will be by courts-martial or by civil courts. When EPW are tried by courts-martial, pretrial, '

trail, and post -trial procedures will be according to the UCMJ and U.S. Manual for Courts-Martial. J An EPW will not be tried by a civil court for committing an offense unless a member of the U.S.
3502
Armed Forces would be so tried. c. When possible, disciplinary rather than judicial measures will
be taken for an offense. The disciplinary measures below are authorized: (1) Suspend or

DAtG'
eliminate privileges granted over and above the minimum privileges provided for in the GPW and
CG. (2) Confinement. (3) A fine not tn lYI'oorl ~~~

I.._IZ _Z LL
000-038100
........ .. -......... _ ... .

\

and working pay (article 62 GPW) that the detainee would otherWise receive during a period of
;.' not more than 30 days. (4) Fatigue duties not exceeding 2 hours daily. This punishment will not be applied to officers. AR 190-8, paragraph 3-8; a -d a. No EPW or RP will be tried or sentenced for an act that was not forbiddel1oy U.S law or by international law in force at the time the act was committed. b. No moral or physical coercion will be exerted to induce EPW or RP to admitguilt for any act. C. NO EPW or RPwifl be convicted without having had the chance to present a defense and without having: a'ssistance of a qualified advocate or counsel. d. Accused persons will be notified promptly of the charges in writing. Charges will·be· in the language understood by the accused.... ;,
13. What is your feeling on how Detainees are being treated? What do you feel is the primary focus/purpose of detainee operatio·ns. (force protection, punishment, rehabilitation, protection, merely a regulatory/legal requirement) No standard. Personnel observations and feelings. (1. t 1.2,
1.?(2.1J4.1)~(l (j}-.,J 4t{' L/.-,J$;. .
f
14. What MRs or lessons learned have you written or receive;l regarding detainee operations? Can I get a copy? (preferably on disk) (21 t 2.2) AR 350-1, paragraph 4-3c. c. The after action review is a structured review process that allows military
training participants to discover how and why certain events actually happened and how to improve future task performance. The reviews focus on military training objectives, on performance according to Army standards, and on discovering lesson learned for sustaining and improving collectives and individual task performance proficiency. .

M:::t ,/ ~it/L'
a· t·
15. What do you perceive to be doctrinal legal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine/accomplish differently? How about Force Structure of Staff Judge Advocate 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) AR 190-8, paragraph 1-4d The Army Judge Advocate General
I
,(T JAG). The T JAG will provide HQDA guidance and advice to commanders on the legal aspects
350f
of the EPW, CI and RP program. T JAG will-(1) Conduct liaison in coordination with ASA-ISA, the Department of State, the Department of Justice, and other Federal agencies; the JCS; the
1,,-SJ""k ~t ~/,.... Bpl--T ( fJ-k (f)./~ 1"__ ) DAIG
000-038101
Defense Intelligence Agency (OIA); the military departments; the ICRC; the Protecting Power;­
and other detaining powers, as required. (2) Provide advice and assistance to commanders on
legal aspects of reported violations by EPW, CI, RP, and ODs. (3) Provide theater guidelines for
any EPW, CI and RP claims against the U.S Government. (4) Provide guidance regarding GPW
Article 5 Tribunals. AR 190-8g Combatant Commanders, Task Force Commanders and Joint
Task Force Commanders ..... Commanders must ensure the proper force structure is included in
any joint operational plans. Commanders at all levels will ensure that all EPW, CI, RP, and ODs
are accounted for and humanely treated, and that collection, evacuation, internment, transfers, release, and repatriationop::atiDns a,!7condl!cted per this regulation ..
~&~~.'::l :b-~ ) 7· ~1 GltM.,o .
of your role in that mission. (Insight to the Soldier's understanding .and attitude ~. concerning unit miss·ion and their role) AR 600-20 Command Policy 2-1. Chain of Command
a. The chain of command assists commanders at all levels to achieve the ifprimary function of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain ofcommand to accomplish their assigned . duties, and commanders may hold these soldiers responsible for their actions. ______..L..­
. W/~ "-+4 ').y.,. '~ ~.r. .
~w~CIlnl ~,

17. 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) FM 10-1, Ch. 7, para. 3, ''Tactical Vision. A primary QMC focus at the tactical level will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support well forward on the battlefield must be developed. Frontline soldiers require brief respites from the rigors associated with combat. A facility complex (Force Provider) will be
available in which they can shower, clean their clothes, eat hot meals, and rest in an environmentally controlled shelter. ______________________

350~
DAIG
7

18. 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?) 1 AR 600-20 • 13 May 2002 1-5. Command, b. Elements of command. c. The commander is responsible for establishing leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote a positiveenvironment. If leader's show loyal~ytotheir soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. Iflea'ders conslder'their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a
, sense of duty accomplish tasks given them, seize opportunities.for seLf-improvernent, and accept
responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish'the

'" mission rat~e~f~edth i~ rlf-~L. '~." ,,'
19. Are you aware of any incidences of detainee or other abuse in your unit? AR
190-8,1-5. General protection policy a. U.S. policy, relative to the treatment of EPW, Cland RP
in the cl,lstody of the U.S. Armed Forces, is as follows: (1) All person's captured, detained,
interned, or otherwise held in U.S. Armed' Forces custody during the course of conflict will be
given humanitarian care and treatment from the moment,they f~1I into tbe.haOds of U..S. forces
until final release or repatriation. (2) All persons taken into cus~ody by U.S. forces will ,be ,
provided with the protections of the GPW until some 'other legal stahis'is determined by "r'
competent authority. (3) The punishment of EPW, Cland RP known to have, or suspected of
having, committed serious offenses will be administered lAW due process of law and under
legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the
Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not
justified by the stress of combat or with deeP provocation. Inhumane treatment is a seri6us and
punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b.
All prisoners will receive humane treatment without regard to race, nationality, religion, political
opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal
punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments,
execution without trial by proper authority, and all cruel and degrading treatment. 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. They will not be subjected to medical or scientific experiments. This list is not exclusive.
EPW/RP are to be protected from all threats or acts of violence. d. Photographing, filming, and
video taping of individual EPW, CI and RP for other than internal Internment Facility
administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide
area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the
senior Military Police officer in the Internment Facility commander's chain of. command.e. A
neutral state or an international humanitarian organization, such as the ICRC, may be designated
by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are
receiving humane treatment as required by the Geneva Conventions. The text of the Geneva
Convention, its annexes, and any special agreements, will be posted in each camp in the
language of the EPW, CI and RP. '

DAJG

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 thls chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature cif' 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 court­martial. (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?
20. Describe what you understand happened leading up to and during' the incident(s) of abuse. (No applicable standard). __________----­22. 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) (AR 190-40,
21. 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) ___________________
9 fAIG 3506
000-038104

Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual' or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civiJian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, th~ CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they wtll be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be. reported to HQDA (DAMO-OOL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.) __
23.
How could the incident have been prevented? (Identifies root cause'and perceived solution) (No applicable standard) __________________

24.
Describe any unit training or other programs that you are aware of that teach

leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and
10
OA'G

prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all _ echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1:-1, b. Responsibility For Stress Control. Control of stress is the commander's ­responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health
personnel. ) _______________________------­
25. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced conSistently by leadership at all echelons and by buddies at the small unit level. FM 22­51, para 1-3, Stress control requires special irwolvementfrom direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and
. noncommissioned officers [NCOsJ) at all echelons. Appendix Adescribes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldi~rs all receive assistance from the supporting chaplains, the medical personnel, and combat stress controllmental health personnel.(see AppendixB for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain.of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized
Army CSC units and mental health personnel. ___________________
26. 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."
11
CA'G
)
350a
000-038106
. ·. ;':1
DAJG
l
3509
000-038107

POINT OF CAPTURE--CDRl1 SGI PU PS
Rank err Branch _-;..[_,,J__Date: 2/f k"... Unit 2-,g)j )
Duty Position _C_"_~--,-_C~'.b-,-,i.=,-_How Long in Job_-,f,-::--;";,;.:;~'fI'~"&:....:.-._____
How Long in t MOS If/k~(· 1__J..I....-'1-1-'r1~_.

Interviewer L T

1. (ALL) 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 a unit Collection Point? (1.1, 1.2, 1.4, 1.6, 4.1) (FM 3-19.40, paragraph 2-2, Commanders are
famiJ!£r with ,a~cabl~ regulation, ~irective~, international laws, and administrative procedures.)
~ SrI ,-~ -1f:j . ~fl'~ 5" -7-. .
n.)
f\Jo ' I'~e-«. ±r~ c;t:"-~)JiJJ-if~,~ ?p M's: J ffo:S . " (,J
2. (ALL) Did you and all of your Soldiers undergo Law of War training prior to deployment? Explain what training occurred. Did this training include the treatment of Detainees? Is there a plan to train new Soldiers (replacements) to the unit? Explain. (1.1, 1.2, 1.4, 4.1) (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 the missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive 5100.77), All prfsoners 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. (000 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 knowled e to be commensurate with each individual's duties and responsibilities.)"

3. (ALL) What Home Station/Mob Site Training did your unit conduct prior to
deployment to help your unit prepare for Detainee Operations? Describe it. How
did the training prepare you to conduct Detainee Operations for this deployment?
How did this training distinguish between the different categories of Detainees
(EPWs, RPs, Cis, etc.)? (1.1, 1.2,1.3, 1.4,4.1) (00002310.1 (The U.S. Military

" Services shall be given the necessary training to ensure they have knowledge of their obligations under the Geneva Conventions (references (b) through (e» and as required by 000 Directive 5100.77 (reference (f» before an assignmentto a foreign area where capture or de~ention of enemy personnel is possible.) AR 350-1 para 4-14 c (2) and table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCO$ and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1-5 (4) (C), DOD Directive
)
,
3519
000-038108
DA'G

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 mdividual's d.uties and responsibilities.)
; .. -" ~.~,~;~.. j~...
w
.
..

5. (ALL) Describe the training you received at the last Professional Military Education on handling/processing Detainees. How was it helpful in preparing' you for Detainee Operations? How would you improve the training at the schoolhouse? (1.1, 1.4) .
DAt:,.. -b;{ --~ ; L-) s"·J.-.. .

6. (ALL) Describe the training the guard force received to prepare them for their duties. How do you ensure your guards understand their orders? (1.'1, 1.2, 1.4, 1.6, 4.1) (FM 3-19.40, para 2-49) FM 3-19.40, paragraph 2-23, The force has a commander of
the guard, one or more sergeants of the guard, a relief commander for each shift, and necessary number of guards. There are two types of orders for guards: General orders. All guards are required to know, understand, and comply with the general orders outlined for sentinels in FM 22­
6.
Special orders. They apply to particular posts and duties. Special orders supplement general orders are establishe? by the commanders. ~fr

7.
(ALL) How does your unit conduct sustainment training for Detainee . Operations? How often does this occur and please describe it? When did your unit last conduct this training? (1.1, 1.2, 1.4,4.1) 00002310.1 (The U.S. Military Services shall be given the necessary training to ensure they have knowledge of their obligations under the Geneva Conventions (references (b) through (e)) and as required by DoD Directive 5100.77 (reference (f» before an assignment to a foreign area where capture or detention of enemy personnel is possible.) AR 350-1 para 4-14 c (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 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,

3511
2
fAIG

collective punishments, execution without trial by proper authority, and all cruel and degradihg treatment.. Prisoners will be protected against all acts of violence to include public curiosity.) (ROE from CJCS ISO Iraqi operations dated 2516002 Apr 03 para 10 (U) All commanders will .
ensure their personnel are familiar with the law of armed conflict and with these ROE."
k·~~ ) ~-r-r ~ ~.
8. (CDRl1SG) What are your policies on the establishment of a unit holding area? How do you ensure that these areas operate lAW Law of War? (1.1, 1.2, 4.1) (AR 190-8, paragraph 3-2, Internmentfacilities will be established in the communications
zone of each theater of operations for the purpose of receiving, accounting for, administering, and logistically supporting DO. The operation of all EPW· internment facilities is governed. The Theater commander remains responsible for the location of EPW facilities; detainees may be interned only in premises located on land and affording proper health and hygiene standards.· Except in extreme circumstances, in the best interests of the individual, detainees will not be interned in correctional facilities housing military or civilian prisoners. Prisoners will not normally be interned in unhealthy areas, or where'the climate proves to be injurious to them, and will be removed as soon as possible to a more favorable climate. Transit camps or collecting points will receive the same treatment as in permanent detainee camps. The internment facility will be marked with the letters 'PW' (Prisoner of War camp) and will be placed so they will be clearly visible from the air during the daytime. Other markings may be used when agreed to by the
combatant commanders and approved by HQDA.) (ROE from CJCS ISO Iraqi operations dated 2516002 Apr 03 para 10 (U) All commanders will ensure their personnel are fam iliar with the law of armed conflict and with these ROE." AR 350-1 para 4-14 c (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 the missions of the unit. AR 190-8 para 1-5 (4) (C), DOD Directive 5106.77, 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.) . I
,'!2-,~~ f1'/~ ~~1-r/~~
t
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9. (PUPS) What is the units' policy on the establishment of a unit holding area? How do you know that you are operating the holding areas lAW Law of War? ? (1.1, 1.2, 4.1) (AR 190-8, paragraph 3-2, Internment facilities will be established in the
communications zone of each theater of operations for the purpose of receiving, accounting for, administering, and logistically supporting DO. The operation of all EPW internment facilities is governed. The Theater, commander remains responsible for the location of EPW facilities; detainees may be interned only in premises located on land and affording proper health and hygiene standards. Except in extreme circumstances, in the best interests of the individual, detainees will not be interned in correctional facilities housing military or civilian prisoners. Prisoners will not normally be interned in unhealthy areas, or where the climate proves to be injurious to them, and will be removed as soon as possible to a more favorable climate. Transit camps or collecting pOints will receive the same treatment as in permanent detainee camps. The internment facility will be marked with the letters 'PW' (Prisoner of War camp) and will be placed so they will be clearly visible from the air during the daytime. Other markings may be used when agreed to by the combatant commanders and approved by HQDA.) AR 350-1 para 4-14 c (2) and table G-1 Refresher training, dated 9 April 2003), Level 8 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.)
10.(ALL) How do you administratively process each detainee, (i.e., tagging pax and equipment, evidence, witness statements, etc.)? (1.1, 1.2, .1.6) (FM3-' 19.40, paragraph 2-3, The commander is responsible for the administrative processing of each
internee. When processing is complete, he submits a DA Form 2674-R to the servicing internment/resettlement information center (IRIC), which function as the field operations agency for the national IRIC located in CONUS.) (AR 190-8, para 2-1, a. (1) (b) (c), All eqUipment, documents, and personal property confiscation during the search must be tagged and administratively accounted for by the capturing unit. DO Form 2745, Part C is attached to the property confiscated from the Detainee, so that it may later be matched to that Detainee.)
11.(ALL) How do you maintain good morale and discipline with Soldiers and leaders to enhance the security of the unit collection point? (1.1, 1.2, 1.6) (AR 600­20 para 4-1, Military discipline a..Military discipline is founded upon self-discipline, respect for properly constituted authority, and the embracing of the professional Army ethic with its supporting individual values. Military discipline will be developed by individual and group training too create a mental attitude resulting in proper conduct and prompt obedience to lawful military authority. b. While military discipline is the result of effective training, it is affected by every
feature of military life. It is manifested in individuals and units by cohesion, bonding, and a spirit of teamwork; by smartness of appearance and action; by cleanliness and maintenance of dress,
3513 )
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equipment, and quarters; by deference to seniors and mutual respect between senior and subordinate personnel; by the prompt and willing execution of both the letter and the spirit of the _ legal orders of their lawful commanders; and by fairness, justice, and equity for all soldiers, regardless of race, religion, color, gender, and national origin. c. Commanders and other leaders will maintain discipline according to the policies of this chapter, applicable laws and regulations, and the orders of seniors.)

12. (ALL) What procedures do you have in place to ensure Soldiers and leaders understand the use of force and rules of engagement for the unit collection point? (ROE Card, sustainment tng, etc) (1.1, 1.2, 1.4, 1.6, 4.1) (FM 3-19.40, paragraph 2­
29, An MP commander ensures that soldiers understand use~of-force guidelines and the ROE established by higher headquarters for each mission. Because the use of force and ROE vary depending on the category of housed personnel and the operational environment, the commander develops SOPs that follow the guidance provided. He balances the physical security of force with mission accomplishment and the protection of deployed forces. ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with'these ROE.) ,

13. (ALL) What procedures are in place to dispose of captured contraband (enemy supplies and equipment)? (1.1, 1.2,4.1) (AR 190-8, paragraph 1-4g(3),
(Commanders will collect and dispose of captured en'emy supplies and equipment through theater log}5tiSR ~nd ~OD channels.) ,
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14. (CDRl1 SG) What policies/procedures do you have in place to ensure that a/l Detainees are protected, safeguarded, and accounted for (555 & T)? What policies/procedures does your unit have to ensure the humane treatment of Detainees? (1.1, 1.2, 4.1) (AR 190-8, paragraph 2-1a(1), (The commanding officer of the
capturing unit will ensure that all Detainees are protected, safeguarded, and accounted for lAW AR 190-8. This regulation applies from the time of capture until evacuation to designated internment facilities.) AR 190-8, paragraph 1-5 a-g, (All persons detained, captured, interned, or otherwise held in U S Armed Forces custody during the course of conflict will be giyen humanitarian care and treatment from the moment they fall into the hands of U S forces until final
5
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release and repatriation. All persons taken into custody by U S forces will be provided with the protection of the GPW until some other legal status is determined by competent authority.}

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15. (ALL) What are your proceduYes for questioning Detainees? (Is -interrogation taking place?) Who is interrogating the detainees? (1.1, 1.2,
4. 1) AR 190-8, paragraph 2-1 d, (The use of physical or mental torture or any coercion to compel prisoners to provide information is prohibited. Detainees may voluntarily cooperate with PSYOP personnel in the development, evaluation, or dissemination of PSYOP messages or products. Detainees may not be threatened, insulted, or exposed to unpleasant or disparate treatment of any kind because of their refusal to answer questions. Intelligence or counterintelligence
ersonnel will normal! erform Interro ations.
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16. (ALL~~e\~r;--ce~si~;'ac~;;a~tainee from th~ point of capture to the Battalion/Brigade collection point? What transportation problems' is the unit experiencing either to move troops or detainees -during the operation? How do _you process detainees too sick or wounded to be evacuated? (1.1, 1.2, 1.3, 1.5,4.1) AR 190-8, paragraph 2-1(1) e, (Detainees will be humanely evacuated from the
combat zone and into appropriate channels as quickly as possible. Instructions given to detainees during evacuation from the combat zone will be, if possible, in their own language and as brief as possible. When military necessity requires delay in evacuation beyond a reasonable period of time, health and comfort items will be issued, such as food, potable water, appropriate clothing shelter, and medical attention. Detainees will not be unnecessarily exposed to danger while awaiting evacuation. The capturing unit may keep detainees in the combat zone in cases where,

holding area and then to higher? (Le. for medical sick call, evacuation, etc.)?
(1. 1, 1.7, 2.1, 3.1) FM 3-19.40, para 4-34, A transfer may be a result of reclassification or another situation requiring the movement of an EPW. Transfer an EPW from one facility to another under conditions that are comparable to those for a member of the US armed forces when possible. Security measures are determined by MP and are influenced by the type of EPW being transferred, the mode of transportation used, and other pertinent conditions. AR 190-47, 11-3.b.(4), Guard requirements for prisoners being transported outside an ACS facility, by means
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of foot, motor vehicfe, or aircraft (other than AIREVAC or U.S. Marshals Service aircraft) are as follows: (a) Trained correctional, military police or security personnel: Und.er maximum custody circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per five prisoners. In minimum custody circumstances there will be one guard per ten prisoners. Trustee guards will be determined by the ACS facility commander. (b) Non­correctional personnel: It is required that at least one guard be a SGT or above who is equal or senior to prisoners in a pretriar status. Under maximum custody circumstances, prisoners will have two guards per prisoner. In medium custody circumstances, prisoners will have one guard per two prison...ers\ and in minimum custody circumstances there will be one guard per five prisoners. ~3
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18.(ALL) What medical personnel are av'ailable to support DO? (1.1,1.2,1.3,
2.1, 3.1, 4.1) AR 190-8, paragraph 1-4g(6) a-e, (Commanders will identify the requirements and allocations for Army Medical units ISO the EPW, CI and RP program, and ensure that the medical annex of OPLANS, OPORDs and contingency plans include procedures for treatment of Detainees; Medical support will specifically include: First aid and all sanitary aspects of food service incfudingprovisions for potable water, pest management, and entomological support, preventive medicine, professional medical services and medical supply; reviewing, recommending, and coordinating the use and assignment of medically trained EPW, CI, RP, and 00 personn,el and medical material; establishing policy for medical repatriation of EPW, CI, and RP and monitoring the actions of the m(xed Medical commission.)
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19. (ALL) What procedures are in place when a detainee in U S custody dies? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-3a (20): Report allegations of criminal acts or war crimes committed by or against EPW/RP to the supporting element of the U.S. Army Criminal . Investigation Command (USACIDC). Deaths resulting from other than natural causes will be investigated by USACIDC. Para 3-10 c: Whenan EPWor RP in U$ t::ustody dies, the attending
medical officer furnish the camp (or hospital) commander or other officer ch~rged with their custody before death, the following information: (1) Full name of deceased. (2) ISN of deceased.
(3) Date, pl€lce, and. cause of death. (4) Statement that death was, or was not, the result of the deceased'sown misConduct. (5) When the cause of death is undetermined, the attending medical officer will make a statement to that effect. When the cause-ef d.eatb#-ia,finally determined, a supplemental report will be made as soon as possible. e. The aiie~~ng medical officer and the appropriate camp commander will complete a DA Form 2669-R (Certificate of Death). DA Form 2669-R will be reproduced locally on 8 1/2 by 11-inch paper. The form is located at the back of this regulation. This form is for the use of Army only. Enough copies of form will be made out to provide distribution as follows: (1) Original-information center. (2) Copy-information center (branch), if necessary. (3) Copy-The Surgeon General. (4) Copy-EPW or RP personal file. (5) The proper civil authorities responsible for recording deaths in the particular state i,f the EPW dies in the United States.
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20. (ALL) What equipment is the unit experiencing as a shortfall concerning detainee operations, (Le., restraints, uniforms, elF items, radios, weapons, etc.)? (CDR) Are any of these USR shortages and if so are you reporting them on your USR? (1.5)
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21. (ALL) What types of supplies is greater in-demand for the unit during detainee operations? What about he~th and comfort items? And are these nems regularly filled? (1.5) L
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22.
(ALL) What duties put the most stress on soldiers in terms of personnel ' resources? (1.1, 1.7) ~c , J d ...,,~v~. lGDs.

23.
(ALL) What is the most important factor that you would address in terms of personnel resources in regards to a successful detainee operation? (1.7)

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24. (ALL) What -MRs or lessons learned have you written or received regarding detainee operations? Can I get a copy? (preferably on disk) (2.1, 2.2)
8
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000-038115

".....-rvY--'-,f the procedures to get stress counseling (Psychiatrist, edical Do your Soldiers know of the procedures to get counseling '11!:J~;;;R'i~;f.....f...-"~aplain, Medical)? (1.1, 1.2, 1.6, 2.1,4.1) FM 3-19.40, paragraph 2-48: Personnel assigned or attached to IIR facilities are trained on the care and control of housed personnel. They are fully cognizant of the provisions of the Geneva and UN Conventions and applicable regulations as they apply to the treatment of housed personnel. A formal training program should include stress management techniques. FM 8-.51, Appendix 0,0-2 f (3): Cmnbat stress control units should provide routine mental health consultation to EPW confinement facilities. This should include: stress control advice to the command regarding the stressors of US Army MP personnel and any allied or coalition personnel working at the confinement facility; individual evaluation and intervention for guards or prisoners when indicated. AR 190-8,' . Paragraph 1-5, (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ).

26.Are you aware of your requirement to report abuse or suspected abuse of .
detainees? (1.1, 1.2,4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or
accompanying a 000 Component know that they shall report reportable incidents through their
chain of command and that such reports also may also be made through other channels, such as the military police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Category
1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HODA based on the nature, gravity, potential for adverse publicity, or potential consequences of
the incident.
27. Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.1, 1.2, 1.6,4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying a 000 Component know that they shall report reportable incidents through their chain of command and that such reports also may also be made through other channels, such as the military police, a judge advocate, or an Inspector General. AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. ACtual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following:
g, Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, )
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000-038116
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wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the
commander determines to be of concern to HQDA based on the nature, gravity, potential for
adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection
policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against-all acts of violence, insults, public curiosity, bodily injury, reprisals ofany kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) TheCI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violaijons of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incide0t Report. Reporting instructions in AR 190-40 will be used.)

28. What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2, 1.6,4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concem to . HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190­8,5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This proviSion does not constitute a prohibition. against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any k!nd, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of
this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)

10
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29. Do you feel you can freely report an incident of alleged Detainee abuse
outside Command channels (IG, CIO) (1.1, 1.2, 1.6,4.1) (AR 190-40. Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following:
b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQOA based on the nature, gravity, potential for adverse publicity. or potential consequences of the incident. AR 190-40, Appendix C. c.:;ategory 2, Reportable Serious Incidents, C-1. Actual·or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQOA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This prOVision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular triai as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The· CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. ~R 190-8, para 6-~, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQOA (OAMO-OOL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
. I
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30. What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) (1.1, 1.2, 1.6.4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQOA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190,.40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQOA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190­8,5-1. General protection policy-civilian internee, a. Treatment. (1) No'form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures a!Jthorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their
person, their honor, their family rights, their religiOUS convictions and practices, and their manners and customs, At all times the CI will be humanely treated and protected against all acts of
1 1 OA'G

violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. {3} The CI will be especially protected against ­all acts of violence, insults, public curiosity, bodily injury; reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-'8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
31. What systems are in place for detainees to report alleged abuse? (1.1, 1.2, 1.6,4.1) AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1) Appeals. The CI who are interned for imperative security reasons will be accorded the right to appeal the order directing their internment. Such appeals will be decided with the least possible
delay by a board of officers. Appeals will be decided only on the grounds of the existence or nonexistence of imperative security reasons requiring the internment of the protected person. 6­
4. Internee Committee a. Election. At each camp and branch camp, CI will be elected by secret written ballot to the Internee Committee. This committee is empowered to represent the camp to the protecting powers, International Committee of the Red Cross, or other authorized relief or aid organizations and U.S. military authorities. e. Duties. (3) (c) The presentation and transmittal of petitions and complaints to the appropriate authorities in proportion to the kind of labor performed. 6-9.:Complaints and requests to camp commanders and protecting power, a. Persons may make complaints or requests to the camp commander, who will try to resolve the complaints and answer the requests. If the CI are not satisfied with the way the commander handles a complaint or request, they may submit it in writing, through channels, to HQDA, ODCSOPS (DAMO -OOL) NPWIC, WASH DC 20310-0400. b. Persons exercising the right to complain to the protecting power about their treatment and camp may do so-(1) By mail. (2) In person to the visiting representatives of the protecting power. (3) Through their Internee Committee. c. Written complaints to the protecting power will be forwarded promptly through HQDA (DAMO -OOL) NPWIC, WASH DC 20310-0400. A separate letter with the comments of the camp commander
will be included. Military endorsements will not be placed on any CI communications. d. If a protecting power communicates with aCI camp commander about any matter requiring an answer, the communication and commander's reply will be forwarded to HQOA (DAMO-OOL) NPWIC, WASH DC 20310-0400, for proper action. e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQOA (DAMO-ODL), WASH OC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.

32. 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) AR 600-20 Command Policy 2-1. Chain of Command
a. The chain of command assists commanders at all levels to achieve their primary function of
3521 ) 12
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000-038119
accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the _ lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these soldiers responsible for their actions. _______
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33. 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} FM 10-1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical 'level will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support well forward on the battlefield must be developed. Frontline soldiers require brief respites from the rigors associated with combat. A facility complex (Force Provider) will be
available in which they can shower, clean their clothes, eat hot meals, and rest in an environmentally controlled shelter. ' .

34. 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?) 1 AR 600-20·13 May 2002 1-5. Command, b. Elements of command. c. The commander is responsible for establishing leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept
responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the mission rather than feed their self-interest. . ___________________
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35. Are you aware of any incidences of detainee or other abuse in your unit? A~ 190-8, 1-5. General protection policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: '(1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered lAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice {UCMJ}. b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. 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, arid reprisals of
any kind. They will not be subjected to medical or sCientific experiments. This list is not exclusive.
EPW/RP are to be protected from all threats or acts of violence. d. Photographing, filming, and
video taping of individual EPW, CI and RP for other than internal Internment Facility
administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide
area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander's chain of command. e. A
neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the
language of the EPW, CI and RP. ____________________---'_
I
/Vb.
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, !)lay be received in evidence against him in a trial by court­martial. (1.2, 1.6)
14
DAIG
352$ l
!

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 inilitarylegal 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?
36.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard) _______________

37.
Describe Soldier morale, feelings and emotional state prior to and after th~se

incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, . retaliation, preemption, family crisis) ______________~____
38. 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) (AR 1.90-40,
Appendix B, Category 1 Reportable Serious Incidents, B..;.1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths: C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not
35214
15
DAIG
constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts ofviolence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as ·rape, forced prostitution, or any form of indecerit assault. (4) The CI will be treated with the same consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used~)__
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard) ______________~------­

39. Describe any unittraining or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue -and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51. para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at ·all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel;
general. principal. and special staff. and by specialized Army CSC units and mental health p"ersonnel. ) ______________________________

16
DAIG
DOD-038123

40. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help, reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22­51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The . responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOsJ) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to,combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1 ,b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of suppqrt; the chaplaincy; unit medical personnel; general, prinCipal, and special staff, and by specialized
Army CSC units and mental health personnel. __________________
41. 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, 21Jun 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." ___________________________
)
352~
,.
DAIG
17
J
352~
DAJG

MANEUVER BDE/BN XO
INTERVIEW QUESTIONS

b (o-j..
Rank LIt Branch 'In E Date &1fltllfe Unit.~)w .Duty Position ~X-..l.Q",--____How Long in Job._'t:.....:...;,.M--:OS;.........o:_________ Interviewer _ 1£/1Lt.-k.-7'k~~ ~,t}-~-~ b~V' ­
~\~.LJL; Iv-6dt, 'btcd.--' J. ///11pS
,,~ ~.uJf;' IJ/ ~___tt Jot.. 'f1tu-.&.. A'I'/X:L,~ . 'r-G..... h..... ~. ,/ ~ 1. (ALL) What are your responsibilities concerning detainee operations? a (BDE XO) What are your responsibilities concerning the Forward Collection Point in the BSA? What is your relationship with the Forward Collection Point OIC? ~~0t (1.1, 1.2, 1.4) (DOD Directive 2310.1 provides that persons captured or detained by the U.S. ~~ Military Service shall normally be handed over for safeguarding to U.S. Army Military Police, or to d:\ .".,..... detainee collecting points or other holding facilities and installations operated by U.S. Army ~ Military Police as soon as practical. AR 190-8, para 1-5, a. (1) All persons captured, detained, c.:r,,;t'U~\t interned, or otherwise held in U.S. Armed Forces custody during the course of the conflict will be Ll c'·/ . given humanitarian care and treatment from the moment they fall into the hands of the U.S. ~~~t',.\1"~ forces until final release or repatriation.) FM 63-20 Ch 5 MP Operations. Adirect support military . p police platoon is usually operating from the BSA. The battlefield missions performed by this ~~'loLA platoon may include battlefield circulation control, area security, operation of the EPW point, and "';'I""V'~ '~_lY law enf~rc~ment. MPs con~uct collection, evacuation, and. internm~nt op~rations to support their "yl]!~ "Y EPW mission. The EPW pOint holds EPWs captured by brigade units until they can be evacuated ~,t; 'tiP" ~t)to the division central collection point. FM 3-19.40 covers EPW operations in detail. FM 63-21 ,"J\~,J' () Jolt Ch 4 S1 Section. Other functions of the PAC in support of the MSB include-Coordinate with the ,/",(".\'}i}f' t', ~-' Q...\t...-52/S3', S4, and MP platoon leader on the location ofEPW collection points; Project numbers of 'J!' .~....L r-'" EPWs and civilian internees; Determine total transportation requirements for losses, '
.~ .~
~\-,( v~· -7t::~ ~ AA,d A. h&ltliH'f 4&Y~ ;Lo ~dde94J.."h ..
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vJ' ~ 2. (LL) Can you tefl me what basic publications you use for Detainee G-V~~ L"1h4i,' I Operations (doctrine and standards)? (1.1,4.1) (AR 190-8, 000 Directive 5100.77, 1949 Geneva Convention, FM 3-19.40 I/R Operations FM 3-19.4 MP Commander's Handbook are the basic/primary sources for doctrine and standards~
A/O ' .

3. (ALL) 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 support Detginee Operations? (1.1, 1.2, 1.4, 1.6, 4.1) AR 350-1 para 4-14 c (2) and table G-1 Refresher
training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers,
352$
1
DAIG

NCOs and enlisted personnel commensurate with the missions of the unit. FM 3-19.40,
paragraph 2-2, Commanders are familiar with applicable regulation, directives, international laws, and administrative procedures.) ROE from CJCS ISO Iraqi operations dated 2~1600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the lawof armed conflict and with these ROE." FM 63-20 & 63-21
&ME he 4-~f-de~A~
4. (ALL) How did Home Station/Mob Site Training prepare you to conduct Detainee Operations? (Did this include Law of War and treatment of Detainees training.)? ? (1.1, 1.2, 1.3, 1.4, 4.1) 00002310.1 (The U.S. Military
Services shall be given the necessary training to ensure they have knowledge of their obligations. under the Geneva Conventions (references (b) through (e)) and as required by 000 Directive 5100.77 (reference (f)) before an assignment to a foreign area where capture or detention of enemy personnel is possible. AR 350-1 para 4-14 c (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 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. (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 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. (000 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

5. . (ALL) Can you describe the process of getting a Detainee to the Forward Collection Point in the BSA beginning with the point of Capture? How long do detainees stay in the company holding area before being transported to the BDE Forward Collection Point? (1.1,1.2,1.3,1.5,1.6,1.7,1.8,2.1,4.1)
::ttrr-"4, 0 -&iL:)c-~"t;: relt; l!..oFF­
c:t. k. '\..0 -Q.-.:L ~l..1 P CI' .

3529
DAJG
PIt.-(!'( /­
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b ItJ c.. t:. b"(I d I ncr 001-5, b f~ 1(}""1. 10"
6. (BN XO) How do your companies integrate the security and defense of the company holding areas into their perimeter defense? What is your normal ratio of guards to detainees in the holding area? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? How do these shortfalls impact your mission (1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 2.1, 3.1, 4.1)

k

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7. (ALL) Are you experiencing any transportation problems to move detainees,·

'{'1,.,r? and if so what? What is the number of personnel needed to move prisoners
,/':? J'(, .. ~ternallY or externally (Le. from the BN holding areas to the Forward Collection

~. Point, for medical evacuation, etc.)? (1.1, 1.5 1.7) FM 3-19.40 paragraph 3-45 ~Id,lJ.-h Captives should not.remain at the forward CP more than 12 hours before being escorted to the
-(0 f)Pcentral CPo When they have been processed and are ready for evacuation, MP leaders -Report
....,' ~L\(Io the status to the BSA TOC and the PM (through MP channels). Request transportation, rations,
~0f0'~ and water from the FSB Supply Officer (US Army) (S4). Ensure that receipts are ready for
~d\.uJ'" signature. Ensure that property is properly tagged and given to escort guards. FM 3-19.4
&.~ ~Chapter 7 Para 7.B, The number of MP needed to operate a division forward collecting point is
~o based on the number and rate of captives expected and the METT-TC. FM 3-19.40 para 3-54

"f!II Captives should not remain at the central CP more than 24 hours before being evacuated to the
fIP CHA. . FM 3-19.40, para 4-34, A transfer may be a result of reclassification or another situation requiring the movement of an EPW. Transfer an EPW from one facility to another under conditions that are comparable to those for a member of the US armed forces whE;ln possible. Security measures are determined by MP and are influenced by the type of EPW being transferred, the mode of transportation used, and other pertinent conditions. AR 190-47, 11­3.b.(4), Guard requirements for prisoners being transported outside an ACS facility, by means of foot, motor vehicle, or aircraft (other thanAIREVAC or U.S. Marshals Service aircraft) are as follows: (a) Trained correctional, military police or security personnel: Under maximum custody circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per five prisoners. In minimum custody circumstances there will be one guard per ten prisoners. Trustee guards will be determined by the ACS facility commander. (b) Non­correctional personnel: It is required that at least one guard be a SGT or above who is equal or senior to prisoners in a pretrial status. Under maximum custody circumstances, prisoners will have two guards per prisoner. In medium custody circumstances, prisoners will have one guard per two prisoners, and in minimum custody circumstances there will be one.guard per five prisoners. _
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7
8. (ALL) What personnel or equipment USR shortages are affecting your ability to support detainee operations? What are your resource shortfalls to

3
DA.G
DOD-038128

;

support this operation? What types of supplies is greater in-demand for the unit during detainee operations? 1.3,1.5,1.7,2.1,3.1) USR
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9. (ALL) 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 t6 ensure Detainee Operations can be successfully accomplished? What are the shortcomings and
. ,~owdo we fix the problem althe Army-level? (1, 1, 1.3, 1.5, 1.7, 4.1) (AR 190-8,
~ ~ . paragraph 1-4g(2), (Commanders. will pli:m and procure logistical support to include: .
Y' c\.\').(,t..'oJ-k-transportation, subsistence, personal, organizational and NBC clothing and equipmentitems, mail
~~ collection and distribution, laundry, and bath for DO. FM 3-19.40, para 7-101, Supply functions in
yl\ ~ aJOnfinement facility are the same as those in other military units. However, stronger security
.NL ..-o.\".~'Measuresare necessary to prevent certajl1'",supplies and equipment from falling into the hands of

;~~~. P'ISO~it£!ti~.~;z;7:::~
HIP-~~ . riJ,.dJnderstand the use of force and rules of engagement? (1.. 1, 1.2, 1.4, 1.6,4.1) .~I VI ~ ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ~, " ~~~'. enSU~heir personnel are familiar with the law of armed conflict and With..these ~OE.n . \ "V-' ~~rr,rh~J a d..~ 1S:or:e.....~~t'Ii lS!Lt.e .
~:~~\~~".R 30,&:;; f Lji;Z: -:: i[; t;;;£Q~~;:,~ W~~ ~~Sl:~6~_lll: '-'"' p . C ,.... . due..I~
.(.,!;::~~1 ~~~t&'i_L I dU_ ­tT-. ,",v
(ALL) What kind of stress counseling are Soldiers/Guards provided?
. (Psychiatrist, Psychologist, Chaplain, Medical, CBT Stress Teams) (1.1, 1.2, 2.1, 4.1) FM 3-19.40, paragraph 2-48, Personnel assigned or attached to fiR facilities are trained on the care and control of housed personnel. They are fully cognizant of the. provisions of
the Geneva and UN Conventions and applicable regulations as they apply to the·treatment of housed personnel. A formal training program should include -stress management techniques. AR 190-8, Paragraph 1-5, (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). FM 8-51, Appendix 0, 0-2 f (3): Combat stress control units should provide routine mental health consultation to EPW confinement facilities. This should include: stress control advice to the command regarding the stressors of US Army MP personnel and any allied or coalition personnel working at the confinement facility; individual evaluation and intervention for guards or prisoners when indicated.
N.~ h.h{ ~p.

353iL
DAJG
12. (ALL) What are the procedures for evacuating a sick or wounded Detainee? How does your unit maintain the security and safeguarding of sick or wounded Detainees while in transport? (1.1, 1.2, 1.8, 2.1, 3.1) AR 190-8, paragraph 3-4 i(2)
Every camp will have an infirmary. EPWfRPwith a contagious disease, mental condition, or other illness, as determined by the medical officer, will be isolated from other patients. A listof
endemic diseases of military importance can be obtained from the theater surgeon or preventive medicine officer. EPWfRP will be immunized and reimmunized.against other diseases as recommended by the Theater Surgeon. EPW fiR suffering from serious disease, or whos~ condition necessitates special treatment, surgery, or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given. FM 3-19.40 Para 2-10 Commanders consider the following when establishing medical care (see AR 190-8): • The medical freatment facility provides isolation of communicable diseases, disinfection, and inoculations. Use retained medical personnel and EPWs with medical training to the fullest extent possible when caring for sick and wounded EPWs. When medical care is inadequate, transfer housed personnel to military or civilian medical facilities where the required treatment is available. AR 190-8 para 6-6.c. Medical facilities. Each CI camp will provide personnel, material, and facilities for adequate routine and emergency dispensary treatment. .
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13. (ALL) Describe how the unit plans and procures logistical support to include: subsistence, organizational, and NBC clothing and equipment items, mail collection and distribution, laundry, and bath equipment ISO DO. (1.1, 1.2, 1.4) AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure logistical support to
include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and dis~ribution, laundry, and bath for DO.)
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.

14. (BN XO) How do you provide your unit holding area with water? (Bottled water or bulk water)? (1.1, 1.2, 1.8) AR 190-8, paragraph3-4 f(3) Sufficient drinking water will be sllPpl~~to EPW fRP I ()
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3532
5
DAIG
DOD-038130
15. (ALL) What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2, 4.1) AR 190-8 para 3-3a (20): Report allegations of criminal acts or war crimes committed bior against EPW/RP to the supporting element of the U.S. Army Criminal Investigation Command (USACIDC). Deaths resulting from other than natural causes will be investigated by USACIDC. Para 3-10 c: When an EPW or RP in US custody dies, the attending medical officer furnish the camp (or hospital) commander or. other officer charged with their custody before death, the
following inform'ation: (1) Full name of deceased. (2) ISN of deceased. (3) Date, place, and cause of death. (4) Statement that death was, or was not, the result of the deceased's own misconduct.
(5) When the cause of death is undetermined, the attending medical officer will make a statement to that effect. When the cause of death is finally determined, a supplemental report will be made as soon as possible. e. The attending medical officer and the appropriate camp commander will . complete a DA Form 2669-R (Certificate of Death). DA Form 2669-R will be reproduced locally on 8 1/2 by 11-inch paper. The form is located at the back of this regulation. This form is for' the use of Army only. Enough copies of form will be made out to provide distribution as follows: (1) Original-information center. (2) Copy-information center (branch), if necessary. (3) Copy-The Surgeon General. (4) Copy-EPW or RP personal file. (5) The proper civil authorities responsible. for recording deaths in the particular state if tDe EPW dies in the United States.
& 4Q de~~ ---~ ..
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16. (ALL) What MRs or lessons learned have you written or received regarding detainee operations? Can I get a copy? (preferably on disk) (2.1, 2.2) AR 350-1, paragraph 4-3c. The after action review is a structured review process that allows military training participants to discover how and why certain events actually happened and how to improve future task performance. The reviews focus on military training objectives, on
performance according to Army standards, and on discovering lesson learned for sustaining and improving collectives and individual task performance proficiency.
A/leci, fited '$ See (d.ejtt.~)(~) .
7

J
353;3 \
6
DAJG
DOD-038131
18. (ALL) What procedures do you have to report suspected detainee abuse"? Who can you report abuse/suspected abuse to? (IG, CID, Next Level Commander) (1.1,1.2,1.6,4.1) (AR190-40,Appendix8,Category·1 Reportable Serious
Incidents, 8-1. Actual or alleged incidents involving the following: b. War crimes, including. mistreatment of enemy prisoners. of war, violations of the Geneva Conventions, and atrocities .
.. .8-2. Any other incident the commander determines to be of immediate concern to HQOA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQOA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-B, 5-·1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition. against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitred to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-B, para 6-9, e. Any act or allegation of inhumane treatment or other violations· of this regulation will be reported to HQDA (DAMO-OOL), WASH DC 20310-0400 as a Serious Incident
eport. Reporting instructions in AR 190-40 will be used.)·
.
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vCt~' "'(~19. (ALL) Do your subordl.nates k.now the reporting procedures If they observe

\)J\\'vP,-/,\'is or become aware of a I?etalnee b~lng abused? (1.1, 1.2, 1.6, 4.1) AR 190-40 para
~(J.-. 2-1, Military and civilian personnel assigned to or accompanying a DoD Component know that
v'\ 6 .~ they shall report reportable incidents through their chain of command and that such reports also
. 0'"" may also be made through other channels, such as the military police, a judge advocate, or an

Inspector General. AR 190-40, Appendix 8, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: ·b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. 8-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following:
g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force,. wounding or serious injury to a prisoner, andaIJ prisoner deaths. C-2. Ariy other incidentlhat the commander determines to be of concern to HQOA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coerciqn will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the (;1 will be treated with respect for their person, their
7
DAJG

i
353i4
honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any" act or allegation of inhumane treatment or other violations of this· . regulation will be reported to HQOA (OAMO-OOL), WASH DC 20310-0400 as a Serious Incident Report. eporting instructions in AR 190-40 will be used.)

21. 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 attit~de concerning unit mission and their role) AR 600-20 Command Policy 2-1. Chain of Command
8. The chain of command assists commanders at all levels to achieve their primary function of
3535
8
DAJG
accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these soldiers responsible for their actions._~c,,--____
e4LVlfi
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d
L~ /?{Y#ik;Pj!ji!-:#v~ Z~~
~~ ...
22. 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) FM 10-1., Ch. 7, para. 3, "Tactical Vision. A primary QMGfocus at the tactic,allevel will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support well forward on the battlefield must be developed. Frontline soldiers require . brief respites from the rigors associated with combat. A facility complex (Force Provider) will be
available in which they can shower, clean their clothes, eat hot meals, and rest in an .
environmentally controlled shelter. _____________________

(lo/d ,,5;fl;;u,..ey,.8r-p -Lc:I. L,ve 4= b/'!, c
.
t9 c+ rL ~ AI.ettu YIt..e ..rZ.--J -# ((IJ fd..!l uH&e .,c..-J. /) e?t' *41!t:fL--IeC/o-• ~
~~ _~_ bJ~c.f5,. A/,A,~... 'Cj'~od .$hf)~
~.J. ~3.Describe the unit command cflmate and Soldier morale. Has it changed or
cri-"J evolved since you have been in Theater? (Identifies Soldier's perception of the
I~~' chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel
~"" the Command cares? Are they getting clear guidance?) 1 AR 600-20·13 May 2002 1-5. Command, b. Elements of command. C. The commander is responsible for establis/:ling leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is obedient and disCiplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the
~

190-8,1-5. General protection policy a. U.S. policy, relative to the treatment of EPW, Cl and RP
35316
9
DAJG
in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured,detained, interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be_ given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered lAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel arid degrading treatment. 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. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RPare to be protected from all threats or acts of violence. d. Photographing, filming, and video taping of individual EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, Cland RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander's chain of command. e. A neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the
language of the EPW, CI and RP. ______________________

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 iriforming 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
10
DAIG'

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. Anystatement
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, YOll 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? '
25.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard) ~.. .

26.
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), IJO r
~'V\.

27. 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) (AR 190-40,

Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving
the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the
Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of
immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or
potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious
Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners
or detainees of Army confinement or correctional facilities to include escape from confinement or

custody, disturbances which require the use of force, wounding or serious injury to a prisoner,
and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern
to HQOA based on the.nature, gravity, potential for adverse publicity, or potential consequences
of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No
form of physical torture or moral coercion will be exercised against the CI. This provisiqn does not
. constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be
353$ 11 DAIG
treated with respect for their person, their honor, their farnily rights, their religious convictions and
practices, and their manners and customs. At all times the CI will be humanely treated and
protected against all acts of violence or threats and insults and public curiosity. In all official cases
they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be .
especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of
any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The
CI. will be treated with the same c.onsideration and with-out adverse distinction based on race,
. religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQOA (OAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.) __
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28.
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard)--:-___--:::-______-.-______

29.
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit leveL FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's

responsibility (see FM 22-51) at all echelons, The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel;

. 30. What measures are in place to boost morale or to relieve stress? (Id~ntifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The
3539 ) 12 DAIG
measures which reduce battle fatigue and prevent battle fatigue casualties should also help _
reduce the incidence of misconduct stress behaviors. However, additional actions also need to be
practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22­
51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized
Army esc units and menta~~~rsonnel. .
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31. 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-levelleadership 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 to~gh enough .to ensure its execution." .. d\v,~'~ ... ~d·~ .,.i..c..)£4.Jl-. f:'...1
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3540

13 DAtG
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Chaplain ?"'{I·()1. ~SnL toFF INTERVIEW QUESTIONSbro_d-~ ~~I\f
Rank c:.r r Branch Q..tf Date: tiLer. M.fore0YUnit -. -"3 2..S ~ Duty Position~C...h How Long in Job ~ooz. -!It MO'11~ How Long in Curr~!1t MOS :SZ:1. Interviewer _________
.How long have you been in Country ___________
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 tv;../'7 Forces chaplain, or a civilian? (1.1, 1.2, 2.1, 4.1) AR .190-8, paragraph 1-5, g (1)EPW, N-and RP will enjoy iatitude in the exercise of their religious practices, including attendance ·at service of their faith; on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate space will be provided where religious service may held.. (;?) Military chaplains who fall into the hands ofthe U.S. and who remain or are retained to assist EPW, and RP, will be allowed to minister to EPW, RP, of the same religion ... AR 190-8, paragraph 6-7d (1) CI will enjoyfreedom of religion, including attendance at services of their respective faiths held within the interment camps. Wines used for religious purposes will be permitted. (2) CI who are clergy may minister freely to CI who voluntarily request their ministration. Equitable allocation of CI clergy will be effected among the various camps. (3) If there is a shortage orCI clergy and the circumstances warrant, the camp commander will provide the CI clergy with the necessary means of transport for visiting the CI in branch camps and. hospitals. (5) Ordained clergy or theological student who are not CI may be authorized to enter a camp and conduct religious services. Visits by such personnel will be in accordance with procedures prescribed by the thepter commander. AR 190-8, paragraph 1-5g(2) Military chaplains who fall into the hands of the U. S. and remain or are retained to assist EPW, and RP; will be allowed to minister to EPW, RP, of the same religion. Chaplains will be allocated among various camps and labor detachments containing EPW, RP, belongFng to the same forces,
speaking the same language, or practicing the same religion. They Will enjoy the necessary facilities, including the means of transport provided in the Geneva Convention, for visiting the EWP, RP, outside their camp.... . rf2 iv
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2. What are your unit ministry team's responsibilities as part of the cadre for the detainees at this collection point I internment facility? (Looking for contraband
• 'fff)J}"'();/ the detainee might have hidden in their Koran?) (1.1,1.2,2.1,4.1) FM3-19.40,
1"Il" \t.iJj Paragraph 2-36 Provides religious support for assigned soldiers and internees. Advise the ~'8{j \.J(~ commander on the impact offaiths and practices of indigenous religious groups in the AO and .dt ~v . internees within the facility. Provides religious support to the command and the community, .,/j]),fY'. including confined and hospitalized personnel. Exercise supervision and control over internee
t-religious leaders with the facility.
354~
DAJG

3. What are the procedures to bring local religious clergy members intqJhe collection point or facility to help ministry to detainees? AR 190-8, paragrapf:J 6-7d (1) CI will enjoy freedom of religion, including attendance at services of their respective faiths held within the interment camps. Wines used for religious purposes will be permitted. (2) CI who are . clergy may minister freely to CI who voluntarily request their ministration. Equitable allocation of CI clergy will be effected among the various camps. (3) If there is a shortage of CI clergy and the circumstances warrant, the camp commander will provide the CI clergy with the necessary means of transport for visiting the CI in branch camps and hospitals. (5) Ordained clergy or theological student who are not CI may be authorized to enter a camp andconduct religious services. Visits' by such personnel will be in accordance with procedures prescribed by the theater commander. AR 190-8, paragraph 1-5g(2) Military chaplains who fall into the hands of the U. S. and remain or are retained to assist EPlN, and RP, will be allowed to minister to EPlN, RP, of the same religion. Chaplains will be allocated among various camps and labor detachments containing EPW, RP, belonging to the same forces, speaking the same language, or practicing the same religion. .They' will enjoy the necessary facilities, including the means of transport provided in the Geneva Convention, for visiting the EWP, RP, outside their camp.... AR 190-8, paragraph 3~15d EPW who are certified to be proficient medically or religiously continue to be considered and identified as EPlN, as appropriate, but will be administered and treatedin the same way prescribed for RP. Enemy personnel who are classified in these categories and are determined qualified by competent Army authority are eligible to be certified as profiCient to perform medical or religious
duties: (1) EPW who are ministers of religion; however, they have not officiated as chaplains to their own forces.(\(}
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~I;;~),'~~~tci~?=r~~s4, ~~~.-----------------------~~-~~-----------------­'y.,.1J'~.j'f~ ~(2. Q..R. 4. .Are you awar~ of your requirement to report abuse or suspected abuse of ~ detainees? (1.1, 1.2, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying a 000 Component know that they shall report reportable incidents through their chain of command and that such reports also may also be made through other channels, such as the military police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva. Conventions, and atrocities. B-2. Any other incident the commanqer determines to be of immediate concern to HQDA based on the nature, gravity, potentialfor adverse publicity, or potential consequences of the incident.
'""~
o
5. Has any seNice member spoken with you about abusing detainees or seeing detainees being abused? If yes, can you provide details without violating your privilege information / confidentially status between you and the seNice
2 DAIG 3542
DOD-038140

,
.. ~,.
member? (We do not want names). (1.1: 1~2, 2.1, 4.1) AR 190-8, paragraph 1-5 (1), (4), b, and c, (1) All persons captured, detained, interned, or otherwise held in U. S. Armed Forces custody during the course of the conflict will be given humanitarian care and treatment from the ­moment they fall into the hands of the U. S. forces until final release or repatriation. (4) The inhumane treatment of EPVV; CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishment, execution without trial by proper authority, and all cruel and degrading treatment. c. All persons will be respect~d as human beings. They will be protected against aI/ acts of violence to include rape, forced prostitution, . assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPWIRP are to be
protected from all threats or acts of violence.
/U2 .
6. How many times have you heard about detainees being abused or mistreated? What did you hear? (1.1, 1.2, 2.1, 4.1) AR 190-8, 1-5 General protection policy, (1) b, and c, (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of the conflict will be given humanitarian care and treatment . from the moment they fall into the hands of the U. S. forces until final release or repatriation. b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion; sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, col/ective punishment, . execution without trial by proper authority, and all cruel and degrading treatment. 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. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPWIRP are to be protected from all threats or acts of violence.
~I
.'
7. Have you made the Chain of Command aware of these allegations of abuse and have you seen the Chain of Command do anything about correcting detainee abuse? (1.1, 1.2, 2.1, 4.1) AR 190-8, paragraph 1-5 (4), The inhumane
treatment of EPVV; CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uni 0 mCode of Military Justice (UCMJ).

3543
"J
DAtG
DOD-038141
8. What is your feeling on how Detainees are being treated? No standard. Personnel observations and feelings. (1.1,1.2, 2.1, 4.1)
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J~"~ 9. What do you perceive as the mission of your unit? 'Describe the importance of
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\"""~-? your role in that mission. (Insight to the Soldier's understanding and attitude "\,~)l.~~concerning unit mission and their role) AR 600-20 Command Policy 2-1. Chain of Command ~~~• a. The chain of command assists commanders at all levels to achieve their primary function of Z; ~'o. .v accomplishing the unit's assigned mission while caring for personnel and property in their charge. ~~'\ A simple and direct chain of command facilitates the transmittal of orders from the highest to the --f~~~r.-Iowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders ~\~"" elegate sufficient authority to soldiers in the chain of command to accomplish their assigned uties, and commanders may h91d these soldiers re~blefor their actions. .
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10. 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) FM 10-1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical level will continue to be Qn sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support well forward on the battlefield must be developed. Frontline soldiers require
brief respites from the rigors associated with combat. A facility complex (Force Provider) will be available in which they can shower, clean their clothes, eat hot meals, and rest in an
e'liron;:lta~IY controllrcf shelter. ~~. . ~ \V .....t--~d~'rvr 0lC..u....\ 'fk. -e...t€-~. ,~~" A-L 'b d= f\1 J'\-'0 A-k -Mlt.I'11 S"tu¥ttt'

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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 tomake 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 jf 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 court­martial. (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 atany 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?
13. Describe what you understand happened leading up to and during the
incident(s) of abuse, (No applicable standard) ,

14. 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) ________~___________
6 DA.G' 354(
DOD-038144

15. 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) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the.· Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based onthe nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern. to HQOA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, 8. Treatment. (1) No form of physical torture or moral coercion will be exeq~ised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the GI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be .espec;:ially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and with-out adverse distinction based on rac.e, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane
treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.) __
16.
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard) .

17.
Describe any unit training or other programs that you are aware of that teach

leaders and Soldiers how to recognize and resolve combat stress. FM 22~51, para 11-5. Prevention of Miscond.uct Stress Behaviors. The measures which reduce battle fatigue and
I
3547
7
DAIG

"
~ ­
prevent battle fatigue casualties should also help recj e the incidence of misconduct stress behaviors. However, additional actions also need t e practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and irdividual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special sta
, and by specialized Army CSC units and mental health personnel. ) ~
k

-7 -,. -Ve.-v-~ L, /?.'s· ~. ~ha+-~ tJ frn ~+~.~ rrt.'i SJI f€.-~ct.
18. What measures are in pace tofi:-roost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help
; reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22­51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organiiational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at a/l echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertain·ing to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. ....., Control of st~es~ is th.e Go.mmander'~ :~sponsibility (see F~ ~2-51) at all echelons. T~e "~ ~.~~~~/ commander IS aided In thiS responsibility by the noncommissioned officer (NCO) chain of support; ~\ ~d the chaplaincy; unit medical personnel; general, prinCipal, and ~e,,~Lft~and 8tSpeci~~ I)./"'C.IZ .e..v~ /lA Army CSC units and menta.lhealth personnel. .,jJ Cl.. a. \; :\'"""-1' Totl~k. I'-'~~''!
cntee.~~,~Iiu.d. -U&k'(d u#Ct' a-j?t~~~~ ~ "f"~
'J1yg~" Prt~ 'H? ~ML(LL ~CI ho1=. Lfieo/' 'In ~ ~~'\ .c. \\" t..~ ~,.. ~~ ~ .J:.I\ .Aorr" -~fJ~ vYlJ'kt M.~~ ~C--~t!3,.f. "'"'t~~
""~~"t ~ ~~ S~C7U' -M ee.::t T-~~~ . V (\0) t' \\~. ""~ 'Pn!Me-;:V~ wcn.JeecJ ~d io q.J.-~vi\ eo:: ~h~-ict~~.
"~\~ ~ 19. What m~asures could th~ command enact fo improve the morale and WtT\..\.td ~ t...~o"i. command climate of your Unit? (Identifies perceived solution.) FM 22-103, Leadership MC.1.. ~ ~' 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, 1 T 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 successto achieve the desired result. But, above all, itis 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."
-H-E)\V--r.Q-trY'--t-'ituz.-~--I~-~--"UJ-,,-\,.9-Jd-k­
~Yt"",'V ~~LeT" I~ t1v-. .w*,-354~ ~Vl illll9h, ~e(Ll'f(. i--~.e-Lt~. e..&4Jq;p. ;
000-038146
· . ,

3549
9
DAIG
DOD-038147

Chaplain INTERVIEW QUESTIONS
Rank dt)f-;; Branch d7~.kJrl Date: 29 MAiZ.4 Unit Duty Position J3de ~~ How Long in JOD_~~~£'..L!::.::!.!.T!:l~~_ How Long in Current MOS l[!J~/5. Interviewe
. How long have you been in cd{JJltry / /' , m/'"l-~s.
1 . Are Detainees allowed to practice their religion? Is there a chaplain . i tuz,11 ~vailable to minister to the detainees? Is the chaplain a Retained Personnel, US ~~tJf'" Forces chaplain, or a civilian? (1.1, 1.2, 2.1, 4.1) AR190-8, paragraph 1-5, g (1) EPW, C).1t tt--and RP will enjoy latitude in the exercise of their religious practices, including attendance at I~CX" service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate space will be provided where religious service may held. (2) Militarychaplains who fall into the hands of the U.S. and who remain or are retained to assist EPW, and RP, will be allowed to minister to EPW, RP, of the same religion. .. AR 190-8; paragraph 6-7d (1) CI will enjoy freedom ofreligion, including attendance at services of their respective faiths held within the interment camps. Wines used for religious purposes will be permitted. (2) CI who are clergy may minister freely to CI who voluntarily request their ministration. Equitable allocation of CI clergy will be effected among the various camps: (3) If there is a shortage of CI clergy and the circumstances warrant, the camp commander will provide the CI clergy with the necessary means of transport for visiting the-CI in branch camps and hospitals. (5) Ordained clergy or theological student who are not CI may be authorized to enter a camp and conduct religious services. Visits by such personnel will be in accordance with procedures prescribed by the theater commander. AR 190-8, paragraph 1-5g(2) Military, ' . chaplains who fall into the hands of/he U.S. and remain or are retained to assist EPW, anc!.RP, will be allowed to minister to EPW, RP, of the same religion. Chaplains will be allocated among various camps and labor detachments containing EPW, RP, belonging to the same forces, speaking the same language, or practicing the same religion. They will enjoy the necessary
facilities, including the means of transport provided in the Geneva Convention, for visiting the. EWP, RP, outside their camp ....
y~~~-"Lt1:z:;:-~~ i",·,n ND.~~~~~ .
.~~;~==;;~:;.-9'WARh1;Q~ Of414~

3550
1
DA'G
DOD-038148
member? (We do not want names). (1.1, 1.2, 2.1, 4.1) AR 190-8, paragraph 1-5 (-1), (4), b, and c, (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of the conflict will be given humanitarian care and;treatment from the moment they fall into the hands of the U.S. forces until final release or repatriation. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under
. international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation; collective punishment, execution without trial by proper authority, and all cruel and degrading treatment. 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. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPWIRP are to be

6. How many times have you heard about detainees being abused or mistreated? What did you hear? (1..1, 1.2, 2.1, 4.1) AR 190-8,1-5 General protection policy, (1) b, and c, (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of the conflict will be given humanitarian care and treatment from the moment they fall into the hands of the U.S. forces until final release or repatriation. b. All prisoners will receive humane treatment without regard to race, nationality, religiqn, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal . punishment, mutilation, the taking of hostages, sensory deprivation, collective punishment, execution without trial by proper authority, and a/l cruel and degrading treatment. c. All persons will be respected as human beings. They will be protected against all acts of vio/~nce to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of
any kind. They will not be subjected to medical or scientific experiments. This list is not EPWIRP are to be protected from all threats or acts of violence.

7. Have you made the Chain of Command aware of these allegations of abuse and have you seen the Chain of Command do anything about correcting detainee abuse? (1.1, 1.2, 2.1, 4.1) AR 190-8, paragraph 1-5 (4), The inhumane
treatment of EPW, CI, RP is prohibited and is not justified by the stress ofcombat or with.de,ep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ).
~. did h~ op. '­
35511
3
DAJG
DOD-038149
~~~~ 0Jd ct~~_4/fj41-4 ~
c. ~d... (!.,l~~ 4 ~9'''~d c:':J' ;~i-:
~~DV _ £( I' -U(. ~~/t£ )-:­
~ ~&~~/d I"))::. ~ ~U~lzAi 4." '71ft-~
11. Describe'fhe~it command climate and Soldier morale. HJ;itd~g:ctopq W
~
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?) 1 AR 600-20 • 13 May 2002 1-5. Command, b. Elements of command. c. The commander is responsible for establishing leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and
. duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, . the Army, and the Nation, they earn the .loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the mission rather than feed their self-interest.. ___-=-_________-:---:---;:=--__
~ e ~~ '' ~ PI/t!d. ~ a ve/Ae...~ ~~/~~ .F;?V'4;;~7"fu..t ~"/d& ~7it.tk ,~~ S-~
12. Are you aware of any incidences of detainee or other abuse in your unlt7~R,.P ~ It,; ~-8,1-5. General protection policy a. U:S. policy, relative to the treatment of EPW, ~I and RP . ~5:;!
(VI) ~ ~n.the custody of the U.S. Armed Forces, IS as follows: (1)-AII persons captured, detained, ~.~
, , interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be . ~~ given humanitarian care and treatment froni the moment they fall into the hands of U.S. forces ~ until final release or repatriation. (2) All persons taken into custody .by U.S. forces will be . . ~d . provided with the protections of the GPW until some other legal status is determined by ~ competent authority. (3) The punishmeht of EPW, CI and RP known to have, or suspected of ~ having, committed serious offenses will be administered lAW due process of law and under -~ legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all crueland degrading treatment. 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. They will not be subjected to medical or scientific experiments. This list is not exclusive.
fEPW/RP are to be protected from all threats or acts of violence. d. Photographing, filming, and
o video taping of individual EPW, CI and RP for other than internal Internment Facility
-~f1'"administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide
,y:'bVj area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the
",9-'..i senior Military Police officer in the Internment Facility commander's chain of command. e. A

""-t'l' \'; ~~neutral.state or an international humanitarian organization, such as the ICRC, may be designated \.7-,i" ~ by t~e. U.S. Government as a Protec~ing Power (PP) to monitor ~hether protected persons are /,-r( \:3" receiving humane treatment as reqUired by the Geneva Conventions. The text of the Geneva
\ /'riJr Convention, its annexes, and any special agreements, will be posted in each camp in the
i'.. ',' a language of the EPW, CI and RP.

{""or:IP' c" !d.!. t-L~ uM''' ~...(.e.le{U'~e­
.\;. .'.J h~v{~r ~b~(", C. R. YC-9
~ ~V cl. ~ (\ J" _ ,9 LvaA~1~.~ ~ .

~
r-'" {:I-~ C'-'-. -l ~o...ct ~'l--t. ( V\. ~
'.b\J\ . h. \d." \/0.--­
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~t/"'I"r-' d ~'t Ivt, hD (res ( )=-1 Ll"",,\ ~0-0 b4.i ~.
~L~~1r[ ~ (J~ ~~
~
15. 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 onunit morale.) (1.2, 1.6) (AR 190-40;

Appendix B, Category 1 Reportable Serious Incidents, B-1. A~tual or alleged incidents involving
the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the
Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of
immediate concern to HQOA based on the nature, gravity, potential for adverse publicity, or
potential consequences' of the incident. AR 190-40, Appendix C Category 2, Reportable Serious
Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents. involving 'prisoners'
or detainees of Army confinement or correctional facilities to include escape from confinement or
custody, disturbances which require the use of force, wounding or serious injury to a prisoner,
and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern
to HQOA based on the nature, gravity, potential for adverse'publicity, or potential consequences
ofthe incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No

. form ofphysical' torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and ; .
. practices, and their manners and customs. At all times the CI will be humanely treated and . protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The' CI will be treated with the same consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQOA (OAMO-OOL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)__
16.
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard), _______~__:_---------­

17.
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and

355~
7
DAIG

&117 ~ /f~ L"':"J'S ~~e~, did ViO t ~4/e u",t)"r ~).0 ~ ~o -e~~~, _ .. -'le~ ~""'---~d ~A~COa.u-I::I ~ "I vYU! t v-~ ~,-1-o-t:: lit I d
9

DAtG
DOD-038152

MANEUVER BDE/BN XO
INTERVIEW QUESTIONS

Rank L-\t... Branch :r:~ 'F Date a.'1,.;c;u,oi Unit t-3;25 Duty Position _-10....0:...·c-=-____How Long in Job .;l a-01fh.s..c . Interviewer l \ Me ~ ...:::..-~~
1. (ALL) What are your responsibilities concerning detainee operations?
.\J~(,U'I (BDE XO) What are your responsibilities concerning the Forward Collection Point
\0 ~~ in the BSA? What is your relationship with the Forward Collection Point OIC?
~ L\.v:. (1.1, 1.2, 1.4) (DOD Directive 2310.1 provides that persons captured or detained by the U.S.
~\"'"'O _ Military Service shall normally be handed over for safeguarding to U.S. Army Military Police, or to.
f...LR~ detainee collecting points or other holding facilities and installations operated by U.S. Army
~ L~""""Military Police as soon as practical. AR 190-8, para 1-5,a. (1) All persons captured, detained,
i.,.,. ~\c.,.; interned, or otherwise held in U.S. Armed Forces custody during the course of the conflict will be
\i given humanitarian care and treatment from the moment they fall into the hands of the U.S.
forces until final release or repatriation.) FM 63-20 Ch 5 MP Operations. A direct support military
.~ police platoon is usually operating from the BSA. The battlefield missions performed by this .'
')p\ platoon may include battlefield circulation control, area security, operation of the EPW point, and
law enforcement. MPs conduct collection, evacuation, and internment operations to support their
EPW mission. The EPW pOint holds EPWs captured by brigade units until they can be evacuated
to the division central collection point. FM 3-19.40 covers EPW operations in detail. FM 63-21 .
Ch 4 S1 Section. Other functions of the PAC in support of the MSB include-Coordinate with the
S2/S3, S4,and MP platoon leader on the location of EPW collection points; Project numbers of

-..,.A-\ EPWs and civilian internees; Determine total transportation requirements for losses, \~~_.,,1 replacements, and EPWs. SUbm~ansportation request to the S4. '
"::'
~H? l'g;~€:M:~r~~7:!7~~
(" tyV JJJ-. w(.7t.~
,~\of. . ~a I~~' Ivae-· , l,.,1l1V~
~ 2. (ALL) Can you tell me what basic for Detainee ,
Operations (doctrine and standards)? (f.1, 4:1) (AR 190-8,000 Directive 5100.77,
1949 Geneva Convention, FM 3-19.40 IIR Operations FM 3-19.4 MP Commander's Handbook
_'" _nare the basicl rima sources for doctrine ~d standa s. .
~ V -::C& ~.ecl:-, . .

3. (ALL) 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 support Detainee Operations? (1.1,1.2,1.4,1.6, 4.1)AR350-1 para4-14c(2)andtableG-1 Refresher
training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, C'j S')~ ~ 1

MANEUVER BDE/BN XO INTERVIEW QUESTIONS

Rank L-1t-Branch X t-: 'F Date d).cr,v.ON oy Unit t-3;2$"., . Duty Position _-'0..........·· c....=-_~__. How Long in Job .;1 ¢. !\1c.y...... , Interviewer l \ Me. -:, ...::-~~
1. (ALL) . What are your responsibilities concerning detainee operations?
v~()..JII (BDE XO) What are your responsibilities concerning the Forward Collecti6n Point
. \0 ~~ in the BSA? What is your relationship with the Forward Collection Point O,IC? .

~ \.v:. (~:1, 1.2, ~.4) (DOD Directive 2310.1 provides that perso.ns captured or det~i.ned by t.he U.S.
~-\(/:O . MIlitary Service shall normally be handed over for safeguarding to U.S. Army MIlitary Police, or to .
" /j D!J.v:' detainee collecting points or other holding facilities and installations operated by U.S. Army

~I-, ~~
Military Police as soon as practical. AR 190-8, para 1.":5, a. (1) All persons captured, detained,
.\..~ ~\:-e"..; interned, or otherwise held in U.S. Armed Forces custody during the course of the conflict will be
\J given humanitarian care and treatment from the moment they fall into the hands of the U.S.

forces until final release or repatriation.) FM 63-20 Ch 5 MP Operations. A direct support military
police platoon is usually operating from the BSA. The battlefield missions performed by this .'
platoon may include battlefield circulation control, area security, operation of the EPW point, and
law enforcement. MPs conduct collection, evacuation, and internment operations to support their
EPW mission. The EPW point holds EPWs captured by brigade units until they can be evacuated
to the division central collection point. FM 3~19.40 covers EPW operations in detail. FM 63-21
Ch 4 S1 Section. Other functions of the PAC in support of the MSB include-Coordinate with the
S2/S3, S4, and MP platoon leader on the location of EPW collection points; Project numbers of
,,/. ~J~ EPWs'and civilian internees; Determine total transportation requirements for losses, \(~:" -' replacements, and EPWs. SUbm~nsportation request to the S4. ' ,
' ..~'.
~~;r~ ~'~gSr:~r~~7:~7~~'
~:.", ..","'-~
o~\.,. . "a.
J~ SIvae-·, \tlL)lV~
~/ 2. (ALL) Can you tell me what basic for Detainee .
/ Operations (doctrine and standards)? (1.1,4.1) (AR 190-8, 000 Directive 5100.77,
1949 Geneva Convention, FM 3-19.40 I/R Operations FM 3-19.4 MP Commander's Handbook
-r" _nare the basicl rimar sources for doctrine ~standa s'. "

l~ V T& ~e~, .

3. (ALL) 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 support Detainee Operations? (1.1, 1.2, 1.4, 1.6, 4.1) AR 350-1 para 4-14 c (2) and table G-1 Refresher
training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers,
3555p
1

DAtG
DOD-038154
f{e d.~c.\ "-1 1; _~ eo "'D\(hV\~ ~-, I\-~ \"f\.~~t" ~-::k:.Q T" C:Cct.~~'t./4.I(.f;.­~~~b~J C!.o v-.ot~v'"'t l\.ve' ~ W\OVI~ ~~.~1~f11--YV­
:JV'~V-: r.'''-. ~9 cY"~~~. 'v't R-..-doe ~ c:L~ ­_1 Os and enlisted personnel commensurate with the missions of the unit. FM 3-19.40, -~ paragraph 2-2, Commanders are familiar with applicable regulation, directives, international laws,
V
/_ £(~ .;. -r
and administrative procedures. ) ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 19 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict \ \i.&.~ fi. and with these ROE." FM 63-20 & 63-21 .J)
s,Q Jpz,.......:tur-£Pw -S ~ t r ~.:.u.v,-Ru"d ~LeCt(~H ~ \~\ F{~;t./ rv~f e.I.?H~· S~bfA.'" ±p ~~rf"LJ ~ Sf? ~t\& 1\9-\ ~~Ld.y,~% ~ ~pl)aMi.·

~vtST0-J.d'l~I!''1~+trr eo ~t«~ .
4. (ALL) How did Home Station/Mob Site Training prepare you to conduct Detainee Operations? (Did this include Law of War and treatment of _ Detainees training.)? ? (1.1, 1.2, 1.3, 1.4, 4.1) 00002310.1 (The U.S. Military
Services shall be given the necessary training to ensure they have knowledge of their obligations ­under the Geneva Conventions (references (b) through (e» and as required by 000 Directive 5100.77 (reference (f» before an assignment to a foreign area where capture or detention of enemy personnel is possible. AR 350-1 para 4-14 c (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 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 followingacts 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. (AR
350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level B training is
(.i'~ conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with
a'\ the missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive 5100.77), All prisoners will
~ receivehumane treatment and that the following acts are prohibited murder, torture, corporal

.JQ,:r
7 0' punishment, mutilation, taking of hostages, sensory deprivation, collective punishr:nents, . ~0' execution without trial by proper authority, and all cruel and degrading treatment. Prisoners will _# ~ '" 0 be protected against all acts of violence to include public curiosity. (000 Directive-51 00.77, para
..f!:.~ V "'\ 5.5.1, The Secretaries of the Military-Departments shall provide directives, publications, (-:;)",,, r-,)'-. instru?tions, an.d training so that the principles and rules of law of war will be_known to. members '~_;;rC-of their respective Departments, the extent of such knowledge to be commensurate With each ~A9:.. individual's duties and resrn~~&~ *1 :~t1 .­
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-
6. (BN XO) How do your companies integrate the security and defense of the company holding areas into their perimeter defense? What is your normal ratio of guards to detainees in the holding area? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? How do these shortfalls impact your mission (1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 2.1, 3.1~ 4:1) ,

.,'
p ..­
:0:.
8. (ALL) What personnel or equipment USR shortages are affecting your ability to support detainee operations? What are your resource shortfalls to
_...
~
57 ) 3 DAIG ~6S1
DOD-038156

support this operation? What types of supplies is greater in-demand for the unit during detainee operations? (1.3, 1.5, 1.7,2.1,3.1) USR ­
Plo/I' CJ;r:F
9. (ALL) What do you perceive to be doctrinal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated n doctrine/accomplish differently? How about Force Structure to ensure Detainee rJ.QJ2iI-~~perations 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) (AR 190-8, tN 'Y 'S ~ paragraph 1-4g(2), (Commanders will plan and procure logistical support to include: . """-~ transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail .",.. collection and distribution, laundry, and bath for DO. FM 3-19.40, para 7-101, Supply functions i,; L-~ a confinement facility are the same as those in other military units. However, stronger security ~k' measures are necessary to prevent certain supplies and equipment from falling into the hands of
r!j.G7V,)./ prisoners.)_ • () fJA-: ~. -AJ19T 1#H1 ::r:.vv\eMo'¥=u,k buj-'\ke. 1\ tZR AX i-o • -¥'_Cl'r~.~. XYl ~Cl.k o..t (L. 'F-~+ PL1--U. i.e ~«.~~~~-.
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¥;\~./ -df\UA =::ll\f o1i~ -~~~ ~oC)~ to ±-..-tSh~­t' ~,?, a-d k.~w ~ ~11"g ~t/ce-'-~cLv~, .

'~~
. ,
\) . 10. (ALL) What procedures are in place to ensure' Soldiers and leaders
'. _~ a/" understand the use of force and Jules of engagement? (1.1, 1.2, 1.4, 1.6,4.1) .vJ~~'¥ ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanderswill _, A ~0 ~ ensure their personnel are familiar with the law of armed conflict and with these ROE.".. (}
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11. (ALL) Whaf kind of stress counseling are Soldiers/Guards provided? (Psychiatrist, Psychologist, Chaplain, Medical, CST Stress Teams) (1.1, 1.2, 2.1, 4.1) FM 3-19.40, paragraph 2-48, Personnel assigned or attached to IIR facilities are
trained on the care and control of housed personnel. They are fully cognizant of the provisions of
the Geneva and UN Conventions and applicable regulations as they apply to the treatment of
housed personnel. A formal training program should include -stress management techniques.
AR 190-8, Paragraph 1-5, (4) The inhumane treatment of EPW, CI, RP is prohibited and is not
justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and
punishable violation under international law and the Uniform Code of Military Justice (UCMJ). FM
8-51, Appendix 0, 0-2 f (3): Combat stress control units should provide routine mental health
consultation to EPW confinement facilities. This should include: stress control advice to the
command regarding the stressors of US Army MP personnel and any allied or coalition personnel
working at the confinement facility; individual ,evaluation and intervention for guards or prisoners
Wh~ted. \.
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. 4 ' DAIG ~61b5
DOD-038157

13. .(ALL) Describe how the unit plans and procures logistical support to include: subsistence, organizational, and NBC clothing and equipment items, mail collection and distribution, laundry, and bath equipment ISO DO. (1.1, 1.2,1.4) AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure logistical support to
include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail cOllecti~nd distribution, laundry, and bath for DO.)
I VI ~ Iu c\e .....:...... I) [) \ ± H-ead ( 0 tnt"!· •

14. ~owdo you provide your unit holding area with water? (Bottled wate~~ter)? (1.1, 1.2, 1.8) AR 190-8, paragraph 3-4 f(3) Sufficient drinking water
will b:S;!k ~//
. .-.
,
5
DAIG
DOD-038158
15. (All) What are the procedures if a detainee in U.S. custody dies? (1.1,1.2, 4.1) AR 190-8 para 3-3a (20): Report allegations of criminal acts or war crimes committed by or against EPW/RP to the supporting element of the U.S. Army Criminal Investigation Command (USACIDC). Deaths resulting from other than natural causes will be investigated by USACIDC. Para 3-10 c: When an EPW or RP in US custody dies, the attending medical officer furnish the camp (or hospital) commander or other officer charged with their custody before death, the
following information: (1) Full name of deceased. (2) ISN of deceased. (3) Date, place, and cause of death. (4) Statement that death was, or was not, the result of the deceased's own misconduct.
(5) When the cause of death is undetermined, the attending medical officer will make a statement to that effect. When the cause of death is finally determined, a supplemental report will be made as soon as possible. e. The attending medical officer and the appropriate camp commander will . complete a DA Form 2669-R (Certificate of Death). DA Form 2669-R will be reproduced locally on 8 112 by 11-inch paper. The form is located at the back ofthis regulation. This form is for· the use of Army only. Enough copies of form will be made out to provide distribution as follows: (1) Original-information center. (2) Copy-information center (branch), if necessary. (3) Copy-The Surgeon General. (4) Copy.-:...EPW or RP personal file. (5) The proper civil authorities responsible for recording deaths in the particular staJe if the EPW dies in the United States.
Neva /rad t1!trJL. eL, ~ d.. ..

16. (All) What MRs or lessons le/1rlred have you written or received regarding detainee operations? C;In I get a copy? (preferably on disk) (2.1, 2.2) AR 350-1, paragraph 4-3c. The after action review is a structured review process that allows
military training participants to discover how and why certain events actually happened and how to improve future task performance. The reviews focus on military training objectives, on performance according to Army standards, and on discovering lesson learned for sustaining and improving collectives and individual task performance proficiency.
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17. (All) Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1, Military and civilian personnel aSSigned to or accompanying a 000 Component know that they shall report reportable incidents through their chain of command and that such reports also may also be made through other channels, such as the military police, a judge advocate, or an Inspector General.) AR 190­40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander
determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident.

~
6
DAIG
000-038159
18. (ALL) What procedures do you have to report suspected detainee abuse?­Who can you report abuse/suspected abuse to? (IG, CID, Next Level Commander) (1.1, 1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious
Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. 8-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a p'risoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based' on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR190­8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) lil all circumstances; the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other viOlations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
tY\Vl-5'h1 Q.~ .'
I"

19. (ALL) Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying a DoD Component know that they shall report reportable incidents through their chain of command and that such reports also may.also be made through other channels, such as the military police, a judge advocate, or an Inspector General. AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, 8-1. Actual or alleged incidents involving the following:b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity,
potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following:
g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of phYSical torture o~ moral coercign will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances', the CI will be treated with respect for their person, their
7

honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all. official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated wi~h the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9; e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)

~~~.
20. (ALL) What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following:
b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serio·us injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potentia·' for adverse publicity, or potential conseqqences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatinenf.(1) No form of physical torture or moral coercion will be exercised against the CI. This p~ovision·does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and
"practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or, threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
21. 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) AR 600-20 Command Policy 2-1. Chain of Command
a. The chain of command assists commanders at all levels to achieve their primary furiction of
'fill ... --. ­
8
DAJG

accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to tbe lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these soldiers responsible for their actions. _______
CAo aM a.", 2~ 0---d YNH .JL.---I/-ir-M-?
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22. 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) FM 10-1, Ch. 7, para. 3, "Tactical Vision. A primary QMC fotus at the tactical level will continue to .be on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support welf forward on the battlefield must be developed. Frontline soldiers require brief respites from the rigors associated with combat. A facility complex (Force Provider) will be
available in which they can shower, clean their clothes, eat hot meals, and rest in an environmentally controlled shelter. ______________~_______

23. Describe the unit command climate and Soldier morale~ Ha's it changed or evolved since you have been in Theater? (Identifies Soldier's perception of the
. \ Q.. /" chain of command and Soldier attitude. Does the Soldier feel supported? Do SO.ldiers feel .. 1\ Q\-"'~ the Command cares? Are they getting clear guidance?) 1 AR 600-20·13 May 2002 1-5. I" \ , J. Command, b. Elements of command. C. The commander is responsible for establishing ..L t-vP leadership climate of the unit and developing diSCiplined and cohesive units. This sets the .~~.~..J parameters within which command will be exercisedand., therefore, sets the tone for social and
V ~ ~ut\ duty relationships within the command. (1) Commanders and other leaders committed to the . V .~ professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers,
M,:, SI the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers'
needs and care for their well-being, and if they demonstrate genuine concern, these.leaders build
a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a

. -:v... .Jense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept \to'-~_Q,,\~' responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the ~..t ~"'(Y" mission rather than feed their self-interest. . . ... \~ '"-"" CMQ ~J PN1.U.4e. -::K, \1-1 ~ 0 ~ ~~ M(rt.I In di III dud ;.r L~" ;t;.-. "'",AI o",b-~~6~ vvt rt, .
~~~ 4 1""' ¥O'lZ!I. "'4 ,,(oad . ~"'A .
24. Are you aware of any incidences of detainee or other abuse in your unit? AR~l (\tY' ~?,9 190-8.1-5. General protection policy 8. U.S. policy. relative to the treatment of EPW. Ci and RP ~
~~~\t ~~~I 9
..J)
DAIG
in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained,
interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be­
given humanitarian care and treatment from the moment they fall into the hands of U.S. forces
until final release or repatriation. (2) All persons taken into custody by U.S. forces will be
provided with the protections of the GPW until some other legal status is determined by
competent authority. (3) The punishment of EPW,.CI and RP known to have, or suspected of
having, committed serious offenses will be administered lAW due process of law and under

. legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution Without trial by proper authority, and all cruel and degrading treatment. 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. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all· threats or acts of violence. d. Photographing, filming, and video taping of individual EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander's chain of command. e. A neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protecte(j persons are receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the
language of the EPW, CI and RP. ___.,--__________________

ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as followsa. 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 incrim inate 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 court­martial. (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
j
-... ;4
10 ';S\~L\:
DAIG
am reading you your rights because of a statement you made causes me to suspect that you may have committed . (specify offense, i.e. aggr~vated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at aiL Any statement you make, oral or written, may be used a~ 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 qu·estions, youm_ay st9P 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? .
25.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard}. ________________

26.
Describe Soldier morale, feelings and emotional state prior to and after these

incidents? (Identifies unit and Soldi~r morale, atmosphere, mood, attitude, stress, retaliation, preemption, family crisis) ____________________
27. 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) (AR 190-40,
Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, viofations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse -publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious. injury to a. prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-,-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be
11

DAIG sSW l?5
DOD-038164
treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and ­protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The
. CI will be treated with the same consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQOA (OAMO-OOL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)__
28.
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard) ____---'_____________

29.
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the Qrganizationalleaders and their staffs (both officers and noncommissioned officers [NCOs)) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining-to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Contro/. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the

noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel;
general, principal, and special staff, and by specialized Army CSC units and mental health

pers~
Ch4f==~~~~~:~fi~~~~~.

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30. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The
12
DA~
000-038165
measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22­51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The

responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other
members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control.
Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The
commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support;
the chaplaincy; unitmedical personnel; general, principal, and special staff, and by specialized
,,-..6 ,,~ ArmYb;~n~tsa4n::talh~~~~.
~I =f¢}LTil4~ifji~~?~£~ ul~~ll~
wO"~ (:irAte b,v hC..d c...-~~?xIdlU4 eocdd~ ~~i-70 s~~~'t pr;eL I Q..~. C(. +"-'''~ \. 31. What measures could the command enact to improv~ the morale and _o~-"'"'"' command climate of your unit? (Identifies perceived solution.) FM 22-103, Leadership Ii)/' 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 a.ll, 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."
--~~--~----------~~~----------------~---------­
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13
DAtG SSl&7
DOD-038166

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1. (All) What is your overall in detainee operation process? What involvement do
, you have in the interrogation process of detainee operations? Do you provide a means to validate detainee's information? Do you provide input as to the disposition of the, detainee? (1.1, 1.2,4.1) (FM 34-52 page 2-12 Battalion S2 Controls Interrogation employed for
temporary period at battalion level receive PIR, IR, and SIR from the supported battalion S2. This will ensure interrogators are fully oriented to the battalion's collection mission. In other instances, interrogators may be placed at brigade in an "on call" status, from which they can proceed to'any of the
, subordinate battalions as circumstances warrant. Upon completion of a low-level, immediate-type interrogation, they can return to brigade and again become available for immediate employment. Commanders and S2s below brigade level who are unable to obtain interrogation support from higher , echelons should include provisions in unit and staff standing operating procedures (SOPs) for the "tactical questioning" (not interrogation) of EPWs or detainees. They should identify assigned personnel for
, language capability. Interrogation personnel should provide training in the area cif tactical questioning to designated S2 personnel. The potential for abuse of the EPW is greatest at the, initial capture and tactical questioning phase. With the excitement and stress of the battlefield, it may become easy for unskilled personnel to resort to illegal techniques to elicit critical information. Instruction must stress the importance ofthe proper treatment of EPWs. Emphasize that the abuse of an EPW at the initial stage of contact often renders future interrogation fwtile. If you are engaged in, or supervising the tactical questioning of EPWs, you are responsible for ensuring that EPWs are treated in accordance with the requirement of international and US law. Any tactical questioning conducted must be in response to the supported commander's PIR. At this level the brigade S2 must maintain secure communication with interrogation personnel to ensure requirements are answered. Except under extreme weather conditions, and MP availability, it is not necessary to keep EPWs within the confines of a building orother,shelter a1 battalion level since they will not remain for more than a few hours before being evacuated. The capturing unit escorts or transports EPWs or detainees to the nearest collection point, and turns them over to the MP. Interrogators in OS of the brigade will screen and categorize all EPWs or detainees, question them, and report information obtained in response to brigade PIR, IR, and SIR. They will do this under time constraints, as all EPWs or detainees must be evacuated without delay. '
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2. (All) What references/standards/publications/SOPs do you use to conduct interrogation Operations? (1.1, 1.2,2.1,4.1) AR 190-8, DoD Directive 5100.77,1949 Geneva
Convention, FM 34-52 Intelligence Interrogation, FM 3-19.40, These are the primary source for standards and doctrine concerning Detainee Operations).
3. (All) Did your soldiers undergo Level B Law of War training prior to deployment? Explain what training occurred. Is there a plan to train new Soldiers (replacements) to
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the unit? Did this training include the treatment of Detainees? Explain. (1.1, 1.2, 1.4, 4.1) (AR 350-1 para 4-14c. (2) and table G-1 Refresher training, date\\9 April 2003), Level S 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, sen~orydeprivC!.ti~~, collective punishments, execution without trial by proper authority, and all cruel and degrading tlj3atment. Prisoners will be protected against all acts of violence to include public curiosity. (DoD Directiv8'51 00.77, 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 individualis duties and responsibilities.)
4. (All) What training have you received to ensure your knowledge of DO is lAW the provisions under the Geneva Convention? (1.1, 1.2, 1;3,4.1) DoDD 2310.1 para 3-3.2 (The
U.S. Military Services shall be given the necessary training to ensure they have knowledge of their obligations under the Geneva Conventions (references (b) through (e)) and as required by DoD enemy personnel is possible.) AR 190-8, paragraph 4(b-c) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper ·authority, and all cruel and degrading treatment. All persons will be respected as human beings. They will be protected against all acts of violence to iFlclude rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence
5. (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 Detaineelinterrogation Operations for this deployment? How did this training distinguish between the different categories of Detainees (EPWs, RPs, Cis, etc.)? (1.1, 1.2, 1.4,4.1) DoDD 2310.1 (The U.S. Military
Services shall be given the necessary training to ensure they have knowledge of their obligations under the Geneva Conventions (references (b) through (e)) and as required by DoD Directive 5100.77 (reference (f)) before an assignment to a foreign area where capture or detention of enemy personnel is
possible.) (AR 350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level S·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 act~ 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
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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.) ~·kA-I-\.--L.l-t~'T -fv.

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6. (All) What training did your unit receive on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction (ROI)? (1.4,4.1) (000 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.} ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE." AR 190-8, paragraph 3-The following acts will not be permitted; Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EPW/RP.
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7. (All) 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) FM 3-19.40, . paragraph 2-29, An MP commander ensures that soldiers understand use-of-force guidelines and the ROE established by higher headquarters for each mission. Because the use of force and ROE vary depending on the category of housed personnel and the operational environment, the commander develops SOPs that follow the guidance provided. He balances the phYSical security of force with mission accomplishment and the protection of deployed forces. ROE from CJCS ISO Iraqi operations
dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed confli;t and with these ROE."
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8. (All) 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) AR 190-8, paragraph 3-6 a, The following acts will not be permitted: (1) Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EWP/RP.AR 190-8, para 6-10. Discipiine and security: Measures needed to maintain discipline and security will be set up in each camp and rigidly enforced.
Offensive acts against discipline will be dealt with promptly. The camp commander will record disciplinary punishments. The record will be open to inspection by the protecting power.
a. Prohibited acts.
(1)
Associations on close terms between the CI and U.S. military or civilian personnel.

(2)
Exchange of gifts between the CI and U.S. military or civilian personnel.

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DOD-038169 9. (All) How does the command ensure that interrogation Operations is conducted in compli~nce with the international Law of war? (OPORD/FRAGO,cCoa Interrogation Tec~s,general orders, humane treatment, etc) (1.1, 1.2, 4~190-8, paragraph 1­4g.~~ntCommanders, Task Force Commanders, and joint Task Force Commander have the
overall responsibility for the EPW, CI, and RP program, operations, and contingency plans in the theater of operation involved to ensure compliance with international law of war. DoD Directive 2310.1 provides. that persons captured or detained by the U S Military services shall normally be handed over for safekeeping to U S Army Military Police, or to detainee collecting points or other holding facilities and installations operated by U S Military Police as soon as practical.) ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE."
10. (All) Have you personally visited each of the interrogation Facilities to determine if your unit has the necessary support and supplies to run their facilities? If so, what did you find? (1.1, 1.2, 1.5, 4.1) AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure
logistical support to include: transportation, subsistence, personal, organizational andNBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. (FM 3-19.40, para 7-101, Supply functions in a confinement facility are the same as those in other military units. However, stronger security measures· are necessary to prevent certain supplies and equipment from falling into the hands of prisoners . .)

11. (All) What control measures are you using to maintain discipline and security within the interrogation facility? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-6 (Measures needed to maintain discipline and security will be established in each camp/collection point and rigidly enforced. The camp
commander will maintain records of disciplinary punishments. These records will be open to inspection by the protecting power. The following acts will not be permitted; Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EPW/RP. Donating or receiving gifts or engaging in any commercial activity between persons in U.S. custody and U.S. personnel. Setting up of courts by detainees. Disciplinary powers will not be delegated to or exercised by EPW/RP. Punishment will not be administered by EPW/RP.)
12. (BN/CO Cdr) 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
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intelligence? (1.1, 1.2, 2.2, 4.1) (No standard) __ •
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13. (BN/CO Cdr) 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 reward?) ... observation report, paper trail audit) (1.1,1.2,4.1)
(FM 3-19-40, chapter 3/3--68) If a captive or his equipment or documl;lnts are removed from the receiving/processing line, account for them on DD Form 2708 and DA Form 4137. 3-68. The sit~ is located where screeners can observe captives as they are segregated and processed. It is shielded from the direct view of captives and is far enough away that captives cannot overhear screeners' conversations. The site has an operation, administrative, and interrogation area. The interrogation area accommodates, a captive, a guard, and an interpreter as well as furniture. Lights are available for night operations. Accountability procedures are implemented and required forms are available.)
14. (CO Cdr/Sn 53) Describe the screening /background checks required prior to hiring interpreters. Are they trusted by U.S. Soldiers? (1.3, 1.7,4.1) (FM 34-52 Intelligence
Interrogation, FM 3-19.40, para 4-6, Request interpreters from MI, PSOP; allied forces, or local authorities as necessary.) . .
15. (All) 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) (Counterintelligence
agents are not authorized to conduct interrogations unless trained on FM 34-52, FM 27-10)
16. (All) 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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17. (All) What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2,4.1) AR 190-8, paragraph 3-3a (20): Report allegations of criminal acts or war crimes committed by or against EPW/RP to the supporting element of the U.S. Army Criminal Investigation Command (USACIDC). Deaths resulting from other than natural causes will be investigated by USACIDC. Para 3-10 c: When an EPW or RP in US custody dies, the attending medical officer furnish the camp (or hospital) commander or other officer charged with their custody before death, the following ·information: (1) Full name of­deceased. (2) ISN of deceased. (3) Date, place, and cause of death. (4) Statement that death was, or. was not, the result of the deceased's own misconduct. (5) When the cause of death is undetermined, the attending medical officer will make a statement to that effect. When the cause of death is finally determined, a supplemental report will be made as soon as possible. e. The attending medical officer and the appropriate camp commander will complete a DA Form 2669-R (Certificate of Death). DA'Form 2669-R will be reproduced locally on 8112 by 11-inch paper. The form is located at the back of this regulation. This form is for the use of Army only. Enough copies of form will be made out to provide distribution as follows: (1) Original-information center. (2) Copy-information center (branch), if necessary. (3) Copy-The Surgeon General. (4) Copy-EPW or RP personal file. (5) The proper civil authorities responsible for recording deaths in the particular state if the EPW dies in the United States.
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18. 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) FM 3-19.40, paragraph 2-48: Pers~nnel assigned
or attached to IIR facilities are trained on the care and control of housed personnel. They are fully cognizant of the provisions of the Geneva and UN Conventions and applicable regulations as they apply
. to the treatment of housed personnel. A formal training program should include stress management techniques. FM 8-51, Appendix 0, 0-2 f (3): Combat stress control units should provide routine mental health consultation to EPW confinement facilities. This should include: stress control advice to the command regarding the stressors of US Army MP personnel and any allied or coalition personnel working at the confinement facility; individual evaluation and intervention for guards or prisoners when indicated. AR 190~8, Paragraph 1-5, (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ).
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19. (All) Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2,4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying a 000 Component know that they shall report reportable incidents through their chain of command and that such reports also may also be made through other channels, such as the military , police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2-. Any
other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, ,or potential consequences of the incident.
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20. (All) Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.2, 1.6,4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual oralleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions,and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involVing the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wotJnding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all Circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4)The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be
reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
21. (All) What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2,4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a~ Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect fpr their person, their honor, their family rights, their religious convictions and practices, and their manners and customs.
At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed

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by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind,sexual attack such as rape, forced prostitution, or anyJorm of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
22. (All) Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.6,4.1) (AR 190-40, Appendi~ B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident· the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C. Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding of serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander cjetermines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8,5-1. General protection policy-civilian internee, a. Treatm.ent. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated C)nd protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, pLiblic curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of
inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
23. (All) What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) (1.2, 1.6,4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the foliowing: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines .to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences
of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against tile use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled toa fair and regular trial as pres·cribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction . based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any actor allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
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24. (All) What procedures are in place for Detainees to report alleged abuse? (1.2, 1.6, 4.1) AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1) Appeals. The CI who are interned for imperative security reasons will be accorded the right to appeal the order directing their internment. Such appeals will be decided with the least possible delay by a board of officers. Appeals will be decided only on the grounds of the existence or nonexistence of imperative security reasons requiring the internment of the protected person. 6-4. Internee Committee 8. Election. At each camp and branch camp, CI will be elected by secret written ballot to the Internee Committee. This committee is empowered to represent the camp to the protecting powers; International Committee of the Red Cross, or other authorized relief or aid organizations and u.S. military authorities. e. Duties. (3) (c)
The presentation and transmittal of petitions and complaints to the appropriate authorities in proportion to the kind of labor performed. 6-9. Complaints and requests to camp commanders and protecting power,
8. Persons may make complaints or request~ to the camp commander, who will try to resolve the complaints and answer the requests. If the CI are not satisfied with the way the commander hanc;lles a complaint or request, they may submit it in writing, through channels, to HQDA, ODCSOPS (DAMO -ODL) NPWIC, WASH DC 20310-0400. b. Persons exercising the right to complain to'the protecting power about their treatment and camp may do so-(1) By mail. (2) In person to the visiting representatives of the protecting power. (3) Through their Internee Committee. c. Written complaints to the protecting power will be forwarded promptly through HQDA (DAMO -ODL) NPWIC, WASH DC 20310-0400. A separate letter with the comments of the camp commander will be included. Military endorsements will not be placed on any CI communications. d. If a protecting power communicates with a CI camp commander about any matter requiring an answer, the communication· and commanders reply will be forwarded to HQDA (DAMO-ODL) NPWIC, WASH DC 20310-0400, for proper action. e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.

25. What do you perc~ive 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) AR 600-20 Command Policy 2-1. Chain of Command 8. The ch~in of command
assists commanders at all levels to achieve their primary function of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command
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facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these soldiers responsible for
their actions. __________________________________
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) FM10­1, Ch. 7, para. 3, "Tactical Vision. A primaryQMCfocus at the tactical level will continue to be_on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower'support well forward on the battlefield must be developed. Frontline soldiers require brief respites from the rigors associated with
combat. A facility complex (Force Provider) will be available in which they can shower, clean their clothes, eat hot meals, and rest in an environmentally controlled shelter. _______________

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?) 1 AR 600-20' 13 May 2002 1-5. Command, b. Elements of command.
c. The commander is responsible for establishing -leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command, (1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty fS obedient and disciplined performance. Soldiers with a sense of ­duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the mission rather than
feed their self-interest. . --t--+-::,.......,r--+~I---:--,.......,'I----__r--___,rr_-.-~__::::__~__;:;_~--­
G=ni . t=f:1:7:t;: ~---~s 30· t f 't.. ~L, j1, "-,

28. Are you aware of any incidences of detainee or other abuse ih your unit? AR 190-8,1­
5. General protection policy a. U.S. policy, relative to the treatment of EPW, Cl and RP in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained, interned, or otherwise held in
U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons
taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal
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status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered lAW due process of law and_under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive h!Jmane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. 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. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence. d. Photographing,. filming, and video taping of individuai EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will betaken unless approved by the senior Military Police officer in the internment Facility commander's chain of command. e. A neutral state or an international humanitarian' organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the language of the EPW, CI andRP. ______~_.....,.....------_
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 pGrson 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 ofthis article, or through the' use of coercion,
unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court­martial. (1.2, 1.6)
I am (grade, if any, and name), a member of the (DAIG). lam 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 administrativet;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
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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 afterthese

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 moral~.) (1.2, 1.6) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged inCidents inVolving the following: b. War crimes, ir:lcluding mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. 8-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be
reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.) ___-'-____________________
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32.
How could the incident have been prevented? (Identifies root cause and perceived solution) {No applicable standard), __.--.._____----------------­

33.
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM 22-S1;p;lra 11-S. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unitlevel. FM 22-S1, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOsJ) at all echelons. Appendix A describes combat stress risk . factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the ,chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-S1) at all echelons. The commander is aided in this responsibility by the

noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, .and special staff, and by specialized Army CSC units and merital health personnel. ).____
34. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-S1, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOsJ) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' ~ctions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress'controllmental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-S1) at all echelons. The commander is aided in this' responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health personnel. _______..,__----------­

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35. 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, 1.7 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."· .
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