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.
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DETAINEE ADMINISTRATION
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INTERVIEW QUESTIONS
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1.
Can you tell me what basic publications that you use to get doctrine and standards for Detainee Operations? How are you applying standards/doctrine to your processing of Detainees? (1.1, 1.2, 4.1)
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2.
How often does your immediate supervisor/commander come here to ensure that Detainee Operations is conducted in compliance with the international Law of war? How about other7mmanders in
our chain of command? (1.1, 1.2, 1.6, 4.1)
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3.
Describe the in processing for Detainees at this Collection Point/Internment .
Facility.
(TAGGING, EQUIPMENT, EVIDENCE, SWORN STATEMENTS, ETC)? By what means are they transported here? ? How long do Detainees typically stay here
(12/24 hours is the standard for each location of captivity until they get to the
Long Term Detention Facility)?
How long does it typically take Detainees to get here after capture? How are they out-processed and where do they go? How are they transported to the next higher level facility/Collection Point? (What is the
documentation required for the transfer of prisoners/Civilian Internees?
(What is the
documentation required for the transfer of Detainees to other locations or to
either MI Soldiers 9r othe__U.S. Government Agencies?)
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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,
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What is your Detainee segregation policy? (1.1, 1.2, 1.3, 1.8, 2.1, 3.1, 4.1)
((EPWs, Females, Juveniles, Civilian Internees (to include those that are security
threats, those that are hostile to coalition forces, and possible HTD/HVD), and
Retained Persons, Criminals, etc.))
What can you tell me about the categories of
Detainees that you are holding? What are they and what are the definitions of the
different categories that you detain? How are you organized to handle the different
categories of Detainees (EPW, C HVD, OD, and refugees?)
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What happens to weapons/contraband confiscated from Detainees? What
happens to personal property? (Is it disposed of/tagged along with the Detaineeand is it stored properly and accounted for?) Why is the DD Form 2745 (Capture
Tag) not being used in country? Who gave the authority not to use this form? What are units using in lieu of (if any)?
((Detainee Capture Card found in draft MTTP, Detainee Ops—this card does not require near as much data as DD 2745. The CPA Apprehension Form helps offset the lack of info on the Detainee, however it is in single copy (not the 3 required)))
Who decided on the use of the Coalition . Provisional Authority Apprehension Form? Why and under whose authority? (1.1, 1.2, 1.4, 2.1, 2.2,
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7. How are interpreters (linguists/translators) used in this Collection Point/Internment Facility? How many do you have at your disposal? How do you obtain them? Do you and your Soldiers trust them? (1.1, 1.2, 1.3, 1.7, 3.1, 4.1)
(FM 3-19.40, para 4-6, Requestinterpreters from MI, PSOP, allied forces, or local authorities as necessary.) Wpft,t.tki
8. (COLLECTION POINT ONLY) Are the daily food rations sufficient in quantity or quality and variety to keep detainees in good health (HOW MUCH FOOD DO THEYGET)? Are personal hygiene items and needed clothing being supplied to the Detainees
if they are kept longer than 12/24 hours here? Explain? (1.1, 1.2, 4.1)2 4,4-67
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9.
Are you aware of your requirement to report abuse or suspected abuse of
detainees? (1.1, 1. , 4.1)fA
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Do your subordinates know the reporting procedures if they observe or become aware
of a Detainee being abused? (1.2
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10.
What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2 4.1
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11.
Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.6, 4.1)
12.
What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) (1.2,, 4.1
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13.
What procedures are in place for Detainees to report alleged abuse? (1.2, 1.6,
4.1)
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15. What do you perceive as the mission of your unit? Describe the importance of your
role in that mission.
(InsAht to the Soldiers understanding and attitude concerning unit
mission and their role)
16. Describe your working environment and living conditions since being in Theater.
(Identify physical and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4, 1.5, 1.6, 1.7) f
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17. 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 clear guidance?)
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18. 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,
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DA IG
DOD-018811
unlawful influence, 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?
19. Describe what you
,
understand happened leading up to and during the incident(s) ofabuse. (No applicable standard)
20. 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)
21. 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
22. How could the incident have been prevented? (Identifies root cause and perceived
DA IG
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solution) (No applicable standard)
23.
Describe any unit training or other programs that you are aware of that teach
leaders and Soldiers how to recognize and resolve combat stress.
24.
What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.)
23. What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution
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