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.

Monday, March 29, 2004
Friday, July 29, 2005

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Ranla_Bre_aach nDate: 2--9 1hit, Unit //o/ Afri 1 Duty Positionn How Long in Jobra-=-t..--ba Interviewer How Long in Coun y/rrm&51.-7"---/-z,
1. What references/standards/publications/SOPs do you use to conduct interrogation Operations? (1.1, 1.2, 2.1, 4.1)
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2. What training have you received to ensure your knowledge of DO is IAW the provi§ions un er the Geneva Convention? (1.1, 1.2, 1.3, 4.1)
Did your unit undergo Level B Law of War training prior to deployment? ki2 ) A O C Explain what training occurred. Is there a plan to train new Soldiers )-,-v (replacements) to the unit? Did this training include the treatment of Detainees? ..1,./0 Explain. (1.1, 1.2, 1.4, 4.1

What training did you unit receive on the established Rules of Engagement (ROE)? How often does this occur? Doe this training include Rules of Interaction (R01)? (1.4, 4.1)r C'e Aje E

5. What is the procedure on how to identify a detainee who may have , intelligence information? Who performs this procedure? Are MPs involved in the
OPIP/1 ecis io n-making? Are PIRs used as a basis for the identification of detainees of 9/c//in ,refit, personality lists used, etc? (1.1, 1.2, 2.1 S'r P
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What is the Rules of Engagement (ROE)/Rules of Interaction (ROI) when //4--j int rro ating a detainee? (1.1, 1.2, 1.4, 1.6)
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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)
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)

How many people are authorized to be present in the room when interrogating/screening a detainee? Under what circumstances are you required and auth rized to have more people? (1.7)

Who may allow an interrogator to question a detainee if he is wounded or sick? (Medical personnel) (1.1, 1.2, 4.1 •

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 an interrogator physical! constrain 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? (IA 1.2, 1.7,1.8

12.Are you receiving sufficient information from the capture paperwork to
1--)19 ,...) 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 intelli ence? (1.1, 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 persdnnel? When the detainee is
(what info is passed on to
returned to the guard force, what procedures occur?
the Guard Force (type of reward?)....observation report, paper trail audit)
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)
15. How are translators/linguists used during the screening/interrogation process? Do you trust the interpreter? How are MPs/Guards used during this process? (1.1, 1.2, 1.7, 2.1)
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16.What is your perception of thecp ract interrogators Fang and capabilities
to conduct proper interrogation,s-of detainees(No tandard 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
problem at the Army-level? (1.1, 1.3, 1.5, 1.7, 4.1)

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18. 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)
19.What is considered abuse to a detainee during interrogation? (1.1, 1.2)
20.Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 1.6,1)
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21. Do your subordinates know e reporting proced es if they observe or become aware of a Detaine- eing abused? (1. , .6, 4.1)
What steps would you take if a„subordinate reported t you an incident of alleged Detainee abuse? (1.2,X6, 4.1

Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.6, 4.1

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

25. What procedures are in place for Detainees to report alleged abuse? (1.2, 1.6, 4.1)
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 attitude
concffning unit mission and their.role). .

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• 28. Describe your working environment a d livin• c • .ens since being in
• Theater. (Identify physical nd psychological impact on Soldier's attitu e). 1.3. 1.3, 1.4,

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29. Describe the unit command climate a Soldier morale. Has it changed or
evolved since you have been in Theater? (Identifies o ter's perception of the ^r-D(../tee
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chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the Command cares? Are they getting clear guidance?) .
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)
I am n(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 n . (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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31. Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard)r 800-14 et/ e+C-1-u7%, -/"S coir,p_PLZU:al -04,(A.4;* ,-g/, ?d/X7e_e..It , f •ovot,c c2.7,_A-e¦a•/ e-7) /
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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) /

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34. How could the incident have been prevented? (Identifies root ca se and
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perceived solution) (No applicable stand d)/
35. Describe any unit training or other programs that you are aware of that teach
leaders and Soldiers bow to recognize and resolve combat stress. /

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36. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution r11—e7/ e-t_/-VEA.
37. What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution.)n