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.

Friday, July 29, 2005


Ranki0Branch 14 Date:How Long in Job
kl Duty Position

Interviewer been in Count

How Long have you
has the commander/unit taken to ensure compliance re 1. What specific measW
with the Law of War regarding detainee operations? Individual training events?
(1.1, 1.2, 4.1)
Collective/unit training events?
dard of treatment that the US must provide any stanWs do units have in place to support the U. S.
What is the minimum
What policies/procedure
? W
General Protection policy relative to the treatment of Detainees in the custody of

the U S forces? (1.1, 1.2,
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,
Do leaders and Soldiers know and
how to apply Detainee Operations doctrine and standards when they
understand dtainees p p
and process detaineesW (1.1, 1.4, 1.5, 1.7, 1.8)
Can you provide some examples.
arrive in the AOR?
COP- Ca.rG
4. How is the issue o classificatf detainees being handled? Are any Article
ion o
resumption that the insurgents clearly do not EPW criteria (commanded by a person responsible for5 tribunals being held or is there a p
meet the Article 4 GC III
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)
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
.detainee abuse have you heard of and or processed since you
are most of the n the detention
many cases of W on cess
have been in country? At what point in ec
(point of capture, initial colltioint, by guards at
1.2, 14,abuses occurring?
internment facility, by interrogators)(1.1,
Don't forget
What control measures are units using to maintain detainee discipline and
(1.1, 1.2, 4.1)
6. internment facility/collection p
and T. These are valuable tools to Maintaining discipline and
security in eachW
the 5 S's
security in a camplcollection 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 detain
abuse? (1.1, 1.2, 4.1
(1.1, 1.2, 4.1)
8. What are the procedures if a detainee in U.S. custody dies? -b-
9. What are the Theater guidelines for any EPW, Cl, and RP claims against the
U.S. Government? (1.1, 1.2, 1.6, 4.1)
What is the procedure if an
10. (Internment facility Judge Advocate only)
EPW or detainee wants to make a complaint or requests to the camp
Detainees commander regarding conditions of their internment? How are (1. 1,. 1.2, 4.1) complaints and requests to the camp command& processed?
tainees refused repatriation? If so, what happened to them?
Have any de
(1.1, 1.2, 4:1)

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
ous offense. Have you or rights of the detainee suspected of committing a seri WWmight have any Staff Judge Advocate provided legal advice to a detainee who
committed an offense? (1.1, 1.2, 1.4, 1.6)
treated? What do you feel
13. What is your feeling on how Detainees are being (force protection,
is the primary focus/purpose of detainee operations.a regulatory/legal litation, protection, merely (,1.1 1.2,
punishment, re ry
standard. Personnel observations and feelings.
No habiandard
1.6, 2.1, 4.1)
14. What AARs or lessons learned have you written or received regarding detainee operations? Can I 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 tdincorporate into updated

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
of your unit? Describe the importance as the mission Soldier's understanding and attitude
16. What do you perceive

(Insight to the
of your role in that mission

their role).
concerning unit mission and

Describe your working environment and living conditions since being in
and p sychological impact on Soldier's attitude). (1.2, 1.3, 1.4,

Theater. (Identify physical
1.5, 1.6, 1.7)


18. Describe the unit command climate and Soldier morale. Has it changed or
(es Soldier's perception of the


since you have been in Theater?

chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel
evolved sW
the Command cares? Are they getting clear guidance?)

h_di 011111M1112"
incidences of detainee or other abuse in your unit
19. Are you aware of any
.A..A ¦-¦.... AiIli.a¦ A.
ADVISEMENT OF RIGHTS (For military personnel)
subject to this chapter may compel anyh may tend to
provides as follows a. No person the answer to which
W request any statement
The text of Article 31 or
person to incriminate himself or to answer any questions
incriminate him. b. No person subject to this chapter may interrogate
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 hot 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

to make a statement or produce evidence before any military tribunal if the
tend to degrade him. d. No statement
compel any evade t to the issue and may g
statement or evidence ionot material

obtained from any persin violaion 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-
(1.2, 1.6)
(grade, if any, and name), a Member of the (DA1G). I am part of a team inspecting detainee operations, this is not a criminal investigation. I
I am am reading you your rights because of a statement you made causes me to may have committed ____.--------. (specify . ou
suspect that you Article 31, y
offense, i.e. aggravated assault, assault, murder). Underhve 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 may stop the
choosing, at your own expense. You may request a lawyer at any time
answer our
during this interview. If you decide to s

questioning at any time. Do you understand your rights? Do you want a 1621

lawer? (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
(No applicable standard)
incident(s) of abuse.

21. Describe Soldier morale, feelings and emotional state prior to and after these
(Identifies unit and Soldier morale, atmosphere, mood, attitude, stress,
retaliation, preemption, family crisis)
whatt was
Wincident reported to the chain of command? How, when &
(Identifies compliance, procedure, timeliness,
do Was this (1.2, 1.6
ne? What would you have done?
rception of action taken and effect on unit morale.)
Soldier pes

(Identifies root cause and
23. How could the incidentt haved)
(No applileW
perceived solution)
24. Describe any unit training or other prog rams that you are aware of that teach
s how to recognize and resolve combat stress.
leaders and Soldier

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