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

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DoD Questionnaire: Questions for soldiers 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.

Thursday, June 3, 2004
Friday, July 29, 2005

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Rank 1.-rC Branch /YI / BDate: al Mai,
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How Long in Country
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1. (All) What is your overall role 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)
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(All) What references/standards/publications/SOPS do you use to conduct
interrogation Operations? (1.1, 1.2, 2.1, 4.1)

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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
the unit? Did this training include the treatment of Detainees? Explain.

.1) (1.1, 1.2, 1.4,
(All) What training have you received to ensure your knowledge of DO is IAW theprovisions under the Geneva Convention? (1.1, 1.2, 1.3, 4.1)
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ic ht.(All) What Home Station/Mob Site Training did your unit conduct prior to deployment ,:ip your unit prepare for Detainee/interrogation Operations? Describe it. How did
the training
prepare you to conduct Detainee/interrogation Operations for this
How did this training distinguish between the different categories of
Detainees (EPWs, RPs, Cls, etc.)? 1.4, 4.1)
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(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 (R01)? (1.4, 4.1

(All) What procedures are in place to ensure your Soldiers do not violate the rules of engagement for the interment facili /collection point? (1.1, 1.2, 1.4, 1.6, 4.1)

(1) (All) What guidance or policies are there to ensure fraternization is not taking place between U.Sziktary personnel and the detainees? (1.1, 1.2, 1.4,1.6, 4.1)
7. (All) How does the command ensure that interrogation Operations is conducted in compliance with the international Law of war? (OPORD/FRAGO, ROE, Interrogation Techniques, general orders, humane treatment, etc) (1.1, 1.2, 4.1)
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8. (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)
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9. (All) What control measures are you using to maintain discipline and security within the interrogation facility? (1.1, 1.2, 4.1)
. 10. (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
intelligence? X1.1, 1.2, 2.2, 4.1) (No standard),
11. (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)
12. (CO Cdr/Bn S3) Describe the screening /background checks required prior to hiring
interpreters. Are they trusted by U.S. Soldiers? (1.3, 1.7, 4.1)

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(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,itpertains to interrogating detainees? (1.1, 1.2, 1.5)

(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 Interrogatioh 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. 4.1) r.' m nszo)to

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15. All) What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2, 4.1)
16. Do you know of the procedures to get stress counseling (Psychiatrist, Chaplain, Medical)? Do your Soldiers know of the procedures to get counseling (Psychiatrist, Chaplain, Medical)? (1.1, 1.2, 1.6, 2.1, 4.1)
17.(All) Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 4.1)
18.(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)
19.(AII) What steps would you take if a subordinate reported to you an incident of alleged Detainee.abuse? (1.2,
20.(All) Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.6, 4.1)
(All) What procedures do you have to report suspected detainee abuse (IG, CD,
Next Level Commander) (1.2, 1.6, 4.1)

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

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25. What do you perceive as the mission of your unit? Describe the importance of your
role in that mission. (Insight to the Soldier's understanding and attitude concerning unit
mission and their role).

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26. Describe your working environment and living conditions since being in Theater.
(Identify physical and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4, 1.5, 1.6, 1.7)
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27. Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? (Identifies Soldier's perception of the chain of command
and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the Command cares? Are they getting clear guidance?)B
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28. Are you aware of any incidences of detainee or other abuse in your unit?
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ADVISEMENT OF RIGHTS (For military personnel)
The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a- trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
d. No statement obtained from any person in violation of this article, or through the use of coercion,
unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-

-martial. (1.2, 1.6)
I am (grade, if any, and name), a member of the (DAIG). I am part of a
team inspecting detainee operations, this is not a criminal investigation. I am .
reading you your rights because of a statement you made causes me to suspect that you may have committed . (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present .during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian counsel of your own choosing, at your own expense. You may request a lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time Do you understand your rights? Do you want a lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard)

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

incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, retaliation,

preemption, family crisis)

31. Was this incident reported to the chain of command? How, when & what was done?
What would you have done? (Identifies compliance, procedure, timeliness, Soldier perception of action taken and effect on unit morale.) (1.2, 1.6
How could the incident have been prevented? (Identifies root cause and perceived
solution) (No applicable standard)

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

What measures are in place to boost morale or to relieve stress? (Identifies perceivedsolution.)B

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