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

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.

Doc_type: 
Questionnaire
Doc_rel_date: 
Friday, July 29, 2005
Doc_text: 

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SOLDIER (Point of Capture) N QUESTIONS
SENSING SESSION/)/ I r)
State/Component Date
Branch How Long in JobRank
Duty Position .
Unit
Interviewer

1. Did you undergo Law of War training prior to deployment? Explain what training
? Explain. (1.1, 1.2,
Detainees
occurred. Did this training include the treatment of ated 9 April 2003), Level B
edM
dat
(AR 350-1 para 4-14c.(2) and table G-1 Refresher training, M-
1.4, 4.1)
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. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and
r respective -
members
theis duties andtraining so that the principles and rules of law of war willl be known to diviofdual'
Departments, the extent of such knowledge to be
responsibilities.)
. —
2. Describe the training/gyidance you received to prepare you for handling/guarding the detainees: Does your unit coduct sustainment training for Detainee.Operatfons. •
n occur and please describe it?' When did your unit .2, 1.4,.;4.1) (FM 3-19.40, para2-4 9 The guard force should
in Theater? How often does this
.
last conduct this training? Oil ; 1measures, control agents, and dispersers. - QRF actions.
Elipt,control
receive additional training in—.•
• Searching techniques,including the use of electronic detection devices. • Nonlethal equipment and
weapons. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall

w of war
ples and rules of
n s that the princiuch
knowledge telaeprovide directives, publications, instructions, and trainiengts, of sM
M
will be known to members of their respective Departmothees.) R OE from CJCS ISO
nsibiliti raqi familiar
nn Iel ar
with each individual's duties and respo ure their persoe
commensurate Mcommanders wiil ensM
operations dated 2516002 Apr 03 para 10 (U) All
with the law of armed conflict and with these ROE."
There is no requirement for sustainment training
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DOD-018756

of Engagement (ROE)? How
tablished Rules.
What
R01)?
5. How does your unit train on the established
often does this occur? Does this training include Rules of Interaction(
etainees)? What
e
(How can yOu interact with the d
about Standards of Conduct?
guidance or policies have you been trained/briefed on to ensure you understand
p.s.aiilitary
interaction/ fraternization and that it is not taking Place between

Iraqi operations dated 251600Z
JCS ISOM
(1.4, 4.1) ROE from CM
personnel and the detainees?
Apr 03 para 10 (U) All commanders will ensure their personnel are familiar vvith the law of armed •
conflict and with these ROE." AR 190-8, paragraph 3-6 a, The followin9 acts will not bp 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
EWPIRP)
e
6. What procedures has your leadership developed to ensure you understand the
AR 350-1 Law of War,
1.2, 1.4, 1.6,-4.1)
use of force and the rules of engagement? (1.1,
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, 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."
7.How is your unit ensuring that all Detainees are protected, safeguarded, and
4. 1) AR 190-8, paragraph 1-5 a-g, (All persons
& T? (1.1, 1.2, during the course ofaccounted for IAW the 5Ss
detained, captured, interned, o otherwise held in U S Armed Forces custodY l
r
conflict will be given humanitarian care and treatment from the moment they fall into the hands of U S
forces until final 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.) AR 190-8, paragraph 4(b-c) The inhumane treatment of EPW, Cl, RP is prohibited and is

rovocation. Inhumane treatment is a serious and
not justified by the stress of combat or with deep p
on-walking wounded. Walking wounded or litter EPW will be evacuated through established- , evacuation channel Non-walking wounded or sick EPW will be delivered to the nearest medical aid station and evacuated through medical channels All detained personnel will remain physically
althy areas, or to a moresegregated from U. or civilian prisoners. Prisoners will not normally be interned in unhe
where the climate proves to be injurious to them, and will be removed as soon as possible
favorable climate. AR 190-47, paragraph 11-3(4)(4 Guard requirements for prisoners being
transported outside an ACS facility, by means of foot, motor vehicle, or aircraft (other than AIREVAC
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 thereM
M.
will be one guard per ten prisoners. Trustee guards will be determined by the ACS facility '
personnel: It is required that at least one guard be a SGT or ab
rM
-correctional
s will have
Who is equal or senior to prisoners in a pretrial status. Under maximum custody cicumstances, ove
prisoners will have two guards per prisoner. In medium custody circumstances, prisoner
one guard per two prisoners, and in minimum custody circumstances there will be one guard per five commander. (b)Non
i 1
/0 /.....a.
prisonerM lit,l'A"^-"M
10.What transportation problems is the unit experiencing either to move troops or
(1.5)
detainees during the operation?
1.1. What is the ratio of guards to detainees? Is this ratio thearoper mix for you to perform your mission? If not, what are the shortfalls ? Why e their shortfalls? How
(1.1, 1.2, 1.3, 2.1, 3.1, 4.1) FM 3-19.40; do these shortfalls impact your mission'? number of
paragraphs 3-38 thru 3-39. . A brigade without an MP platoon in DS sets up and operates its own umber of. MP teams needed to operate a forward CP is based on the
The projected number of captives is based on mission analysisThe n
forward CPsM
ected and.METT-TC.
and intelligence estimates conducted by the brigade.Intelligence Officer (US Army) (S2). Division
ca tives ex expanded, and relocated quickly as the tactical situation
up, soners being transported .

pri
forward CP are mobile; they can be set
er than AIREVAC or U.S.
warrants. AR 190paragrpah 11-3(4)(a), Guard requirements for oth
outside an ACS facility, by means of foot, motor vehicle, or aircraft (

Marshals Service aircraft) are as.follows:
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
(a)
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) Non--correctional personnel: It is required that at least one guard be a SGT or above who is equal
custody circumstances, prisoners will have maximum or senior to prisoners in a pretrial status. Under two guards per prisoner. In medium custody
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DOD-018758

is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ).
of your requirement to report abuse or suspected abuse of AR 190-40 para 2-1, Military and civilian personnel assigned to or
you aware 2
16.AreM
, 4.1)
oD Component know that they shall report reportable incidents through their chain
(1.1 ,M1.
deMtainees?M
D
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 theollowing: b. War crimes,
including mistreatment of enemy prisoners of war, violations of the Geneva Convenions, 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.
accompanying a
17.Do you feel you can freely report an incident of alleged Detainee abuse outside
Aendix B, categoryt
190-40, pp
Co mmand channels (IG, CID) (1.1, 1 .2 1.6, 4.1) (AR

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. 13-2. Any other incident the commander determines to be of immediate concern to HQDA
p
ature, gravity, potential for adverse publicity, orpotential consequences of the incident.
AR 190-40, Appendix C. Category 2, Reporable Serious Incidents, C-1. Actual or alleged incidents

based on the nM
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

ral
5:-1 . General
incident that the commander determines to be of concern to H0DA based on the nature, gravity,
es of the incident. AR 1 will
consequences ofM cion
potential for adverse publicity, or potential

protection policy—civilian internee, a. Treatment (1) No form of physical torture or moral coer
be exercised against the Cl. This provision does not constitute a prohibition against the useof
minimum force necessary to effect compliance with measures authorized or directed by these

2) In all circumstances, the Cl 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 Cl will be humanely treated and protected against all acts of violence or threats and insults ity. In all official cases they will be entitled to a fair and regular trial as prescribed by
protected against all acts of violence, insults, publiccurios
and publicM Mecially
this regulation. (3) The Cl will be esp
curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any
e. Any act or
form of indecent assault. (4) The Cl 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, 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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DOD-018759

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
If a protecting power communicates with a Cl camp
d.
will not be placed on any Cl communications.
commander about any matter requiring an answer, the communication and commander's 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.
20. What do you perceive as the mission of your unit? Describe the importance of
concerningg and attitude
(Insight to the Soldier's understandin
. The chain of
your role in that mission. of Command a
AR 600-20 Command Policy 2-1. Chai n
unit mission and their role)
assists commanders at all levels to achieve their primary-function of accomplishing the command
nit's assigned mission while caring for personnel and property in their charge. A simple and direct
u command facilitates the transmittal of orders from the highest to the lowest levels in a
chaMin of

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 signed duties, and commanders
may hole these soldiers responsible for. their actions.
Gs,
ti.m
21. Describe your working environment and living conditions since being in Theater.
(1.2, 1.3, 1.4, 1.5, 1.6 , 1.7) FM b
Identify physical and psychological impact on Soldier's attitude).
QMC focus at the tactical level will continue to e on
-art
M
1 -1, Ch. 7, para. 3,."Tactical Vision. A primary
(sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containeized capability for providing responsive laundry and shower support well forward r
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 t eir c thes, eat hot meals, and rest in an environmentally controlled shelter.

r
LAA. se
a
22. Describe the unit command climate and Soldier morale. Has it changed or
(tifies Soldier's perception of the chain of
Iden
olved since you have been in Theater?
command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the
evM

(fi el,
141 D
6
6A 1 G
-e.,,
DOD-018760

Doc_nid: 
3767
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80