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

DoD Questionnaire: Questions for Officer concerning their observations and experience in dealing with detainees, training before deployment and Rules of Engagement. The questionnaire appears to be in response to the accusations of detainee abuse and an effort to elicit information on the matter.

Sunday, March 28, 2004
Friday, July 29, 2005

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1. Describe facilities' infrastructure overall that support Detainee Operations. (Sewer,
water distribution, storm drainage, electrical distribution, HVAC systems, and
lighting, etc.) What are the problems concerning existing facilities and what is being
done to fix. (1.8) 11/,7e-r„., -4 _.,...„, .W/rte-i7", 0 0,

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2. What program is in place in Theater that Il .for the maintenance arfd repair of
facilities that ouse De inees and their s pporting facilities? (1.1, 1.2, 1.5, 1.8) Zt/.41,
3. Are the Corps of Engineers involved in any facility upgrades/improvements in Theater for Detainees? If so, what are some ongoing projects? Can I get a list by Project Number? Who is your POC in USAGE? What do you know of the Engineer Corps' Theater Construction Management System (TCSM). Were you aware that they have plans, specifications, and materiel requirements for Internment Facilities based on Detainee population? (1.1, 1.2, 1.8, 4.1) 41/4,714,1/ -1-43--m-P.4-e.4..--7-c .
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38.• Do you have any knowledge as to why U.S. Forces chose existing facilities rather than to use the Theater Construction Management System (TCSM) and build facilities elsewhere? (How and why were facilities picked as Long Term Detention Facilities) (1.1, 1.2, 1.8, 4.1)n,.a,txtv—ce.hisj cs ,4z/4;ere-e
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5. What is your role in determining provisions of minimum living space for Detention
Facilities across the AOR? (when possible, consult the preventative medicine
authority in theater for provisions of minimum living space and sanitary
facilities). What is the minimum living space standard for each Detainee? Has a
pr ventative medicine expert given. advice on t4s?,c1.1, 1. , 1.8, 4.1)

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6. Do engineer officers train and supervise internal and external labor for Detention Facilities? (construction and repair of detention facilities)? If so, describe ((construction, maintenance, repair, and operation of utilities (water, electricity, heat, and sanitation.)) (1.1, 1.2, 1.8, 4.1) Are you aware of a CI Safety Program in place? If so, can you describe, it 4p47-_,7
Are you aware of your requirement to report abuse or suspected abuse of detainee ? (1.1, 1.2, 4.1)
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8. 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)
9. Describe your working environment and living conditions since being in Theater.
(Id ntify physical and psycholo,gical impact on Soldier's attitude). (1.2, 1.3, 1.415. 1.6, 1.7)
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10. Describe the unit command climate and Soldier morale. Has it changed or evolved
since you have been in Theater? (Identifies Soldiers perception of the chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the Command cares? Are
they getting clear guidance?)
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11. 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, 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?
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Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard).

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

incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, retaliation,
preemption, family crisis)

Was this incident reported to the chain of command? How, when & what was done? What would you have done? (Identifies compliance, procedure, timeliness, Soldier perception of action taken and effect on unit morale.) (1.2, 1.6) )

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

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

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