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.

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

Rank (Sr C Branch 7 '
oDate: tt/(4-7-Unit
Duty Position it.)7-74--oHow Long in JoboInterviewer o How Long in Countryo
What references/standards/publications/SOPs do you use to conduct
interrogation Operati ns? (1.1, 1.2, 2.1, 4.1)

What training have you received to ensure your knowledge of DO is JAW the provisions under the Geneva Convention? (1.1, 1.2, 1.3, 4.1)
3. Did your unit undergo Level B Law of War training prior to deploymerlD 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, L2, 1.4,,.4.1
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What training did you unit receive on the established Rules of Engagement
n does this occur? Does this training include Rules of
Inter.h(1.4, 4.1)

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What is the procedure on how to identify a detainee who may have intelligence information? Who performs this procedure? Are MPs involved in the decision-making? Are PIRs used as a basis for the identification of detainees of
inte esh
-ality tists use • -th1 . 2 2.
What is the Rules of Engagement (ROE)/Rules of Interaction (ROI) when interrogating a de ainee? (1.1, 1.2, 1.4, 1.6)
6. What is the maximum amount of time allowed a detainee could be interrogated during one session? Where is this standard located? (local SOP??) (1.1, 1.2, 4.1)
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7. What is the procedure in determining how long to hold a detainee at this level
for interrogation once he refuses to cooperate? (1.1, 1.2) e ,pZ
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8. How many people are authorized to be present in the room when interrogating/screening a detainee? Under what circumstances are you required and authorized to have more people? (to
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9. Who may allow an interrogator to question a detainee if he is wounded or
sick? (Medical personnel) (1.1, 1.2, 4.1Jo
10.What types of restraining devices are authorized on the detainee during the interrogation? What type and/or amount of physical constraints are interrogators authorized to place on an unruly detainee during interrogation? (No standard to 2nd question, only when you are threatened or feel your life is in danger should ap interrogator physically constr in a detainee) (1.1, 1.2, 4.1)
11.Where are your screening sites located (where detainees are interrogated
and screened)? Are these facilities adequate for your needs? Do you have
enough interrogators for your operation needs? What are your personnel
shortfalls? (1.1, 1.2, 1.7,1.8
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12.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? (p, 1.2, 2.2, 4.1)

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13. 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

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14.Are the personal effects of a detainee released to the interrogator or is the
interrogator allowed to examine the items? DOCUMENT HANDLING (1.1, 1.2)
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15. How are translators/linguists used during the screening/interrogation process? Do you trust the interpreter? How are MPs/Guards used.during this prms? (1 .1 , 1 .2, 1.7j , 2 1)
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16. What is your perception of the contract interrogators training and capabilities to conduct proper interrogations of detaine s? (Nord for perception)
17.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 Interrogation Operations can be successfully accomplished? What are the shortcomings and how do we fix the
at the Tafel? (1.1, 1,3, 1.5,p
know of the procedures to get stress counseling (Psychiatrist, ai• • , edical)? Do your Soldiers know of the procedures to get counseling (1:1, 1.2, 1.6, 2.1, 4.1)
(Psychiatrist, Chaplain, Medical)?
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during interrogation? (1.'L 1.2)
19.What is considered abuse to a d tainee&I
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20. Are you aware of your requirement to report abuse or suspected abuse of
detainees? (1.1, 1.2 1.p.1)
th - epo g pi 4 res if hey observe or
21. Do your subordi tes knOw roce
g ab ed? (1. .6, • .1)

become aware of Detainee b
What steps wouldyou take if a subordin e reported t pu an incident of alleged Detainee ab6se? (1.2, 1.6

Do you feel you can freely eport an incident of alleged Detainee abuse

outside Command channelsp(1.6, 4.1 Ye _X

What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) (1.2, 1.6, 4.1) ,

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

27. 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 attitud
conce ing unit min oand their r le).o777/
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28. Describe your d living conditions since being in
Theater. (Identify physic psych9 loVhimpact Soldier's 1 Ete"). ( 2, 1.3,ocrTy.

a 1.5, 1.6, 1.7)
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29. 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 Comma d ares? Are they getting clear guidance?)
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30. 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)
(grade, if any, and name), a member of the (DAIG). I am part of
I am oa 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 . (specify
suspect that you may have committed o
offense, i.e. aggravated assault, assault, murder). Under Article 3.1, 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) h

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) o
33. 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) p
34. How could the incident have been prevented? (Identifies root cause and • perceived solution) (No applicable standard) o
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. p

What measures are in place to boost morale or to relieve stress? (Identifies perceived solution o



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