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.

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

Ran Branch trg" Date: 9---1 MAIk' Unit C-/I/
Duty Positionerk4 Lkt.. T-r-4-, How Long in Job.'3
Interviewer How Long in Country I. M

What referencesistandards/publications/SOPs do you use to cooduct
interrogation Operations? (1.1, 1.2, 2.1, 4.1) --(-/ ° 4A-0 cei 4,•

What training have you received to ensure your knowledge of DO is IAW the

provisions under the Geneva Co vention? (1.1,, 1.2, 1.3, 4.1) Ai r AY-I
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3. Did your unit undergo Level B Law of War training prior to deployment?
Explain what training occurred. Is there a plan to train ne
(replacements) to the unit? Did this training include th
Explain. (1.1, 1.2, 1.4, 4.1

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4. What training did you 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)

. 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 decision-making? Are PIRs used as a basis for the identification of detainees of r)"--i2Y; interest, personality lists usepi, elc? (1.1, 1.2, 2.1
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What is the Rules of Engagement (ROE)/Rules of Interaction (ROI) when interrogating a detainee? (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)
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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? .(1.7)
9. WhorHow an interrogator to question a detainee if he is wounded or
sicrersonnel) (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 physically constrain a detainee) (1.1, 1.2, 4.1)
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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, 1.7,1.82•
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 intelligencq? (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 personnel? When the detainee is returned to the guard force, what procedures occur? (what info is passed 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 al owed o examine the items? DOCUMENT HANDLING (1.1, 1.2)

15. How are translators/linguists used during the screening/interrogation process? Do you trust the in rpreter? How are MPs/Guards used during this
process? (1A, 1.2, 1.7, 2. 1)2
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16.What is your perc ti of th contr•ct interro•rs trainingfand capabilities to conduct proper interr ations of rainees? (No ta\lard for rception)
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
oble t the Arm -level? (1.:1;111.5e.7,
no ou know of the procedures to get stress counseling (Psychiatrist, Medical)? Do your Soldiers know of the procedures to get counseling (Psychjatrist, Chaplain, Medical)? 1.1,1.Z 1. , 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, 4.1) \
21. Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.2, 1.6, 4.1)
What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2, 1.6, 4.1

Do you feel you can freely report an incident.of alleged Detainee abuse outside Command channels (1G, CID) (1.6, 4.1

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,
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 thj Soldier's understanding and attitude concerning unit mission and their role). kr...b—b--(2.
11. Describe yo
nvironme and living conditions s' e being in
Theater. (Identi
and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4,
1.5, 1.6, 1.7)
28. 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 c ear guidance?)
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30. 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 infitience, 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)

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)
34. How could the incident have been prevented? (Identifies root cause andperceived 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? (Identifiesperceived solution

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