DoD Questionnaire: Questions for Officer concerning their observations and experience in dealing with detainees, training before deployment and Rules of Engagement. The questionnaire appears to be in response to the accusations of detainee abuse and an effort to elicit information on the matter.
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SJA INTERVIEW QUESTIONS
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1.
What specific measures has the commander/unit taken to ensure compliance
with the Law of War regarding detainee operations? Individual training events?
When? Collective/unit training events? When? (1.1, 1. , 4.1)
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2.
What is the minimum standard of treatment that the US must provide any m
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detainee? What policies/procedures do units have in place to support the U. S. 6, ce..-ed(
General Protection policy relative to the treatment of Detainees in the custody of m
the U S forces? (1.1, 1.2, 4.1) act'
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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 ) 1-C/114
arrive in the AOR?
Can you provide some examples.
1.1, 1.4, 1.5, 1.7, 1.8)8clontez.4,1
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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 notmeet the Article 4 GC Ill 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)
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5. Did units receive training on the reporting of Detainee abuse? When did this training occur last and how often is it conducted 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 theabuses occurring? (point of capture, initial collection point, by guards at
internment facility, by interrogators)(1.1,
1.2, 1.4,
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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 5 S's and T. These are valuable tools to maintaining discipline and
security in a camp/collectionoinit.
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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
8.
What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2, 4.1)
9.
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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)
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)
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 feeling 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 regulatory/legal requirement) No standard. Personnel observations and feelings. (1.1, 1.2,1•.6, 2.1, 4.1)
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DOD-018803
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 P
(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 P
. (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 atrial 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
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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)
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)
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, 1.6m
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.
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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.)
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