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, September 2, 2005

RankS6:-1 BrAnch
IJDate: J044 Unit c//o/ yrs 2

Duty Position
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Interviewer .
How Long in Counify .
What references/standard4ublications/SOPs do you use to conduct interrogation Operations? (1.1, 1.2, 2.1, 4.1)
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What training have you received to ensure your knowledge of DO is IAW the

provisions un er t e Geneva Convention? (1.1, 1.2, 1.3, 4.1)
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3. Did your unit undergo Level B Law of War training prior to deployment? ) ,,,2-1 ) A O C 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, 1.2, 1.4, 4.1
4. What training did you unit receive on the established Rules of Engagement(ROE)? How often does this occur? Doe this training include Rules ofInteraction (R01)? (1.4, 4.1)
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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
1?v f ° Po-lecision-making? Are PIRs used as a basis for the identification of detainees of in ,re t, personality lists used, etc? (1.1, 1.2, 2.1.c'
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What is the Rules of Engagement (ROE)/Rules of Interaction (ROI) when
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rogating 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 authwized 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 to2nd question, only when-
you are threatened or feel your life is in danger should an interrogator physicall 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 7%"` shortfalls? (1.1, 1.2, 1.7,1.8
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 intel4i7nce? (1.1, 1.2, 2.2, 4.1)
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)
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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)
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)

What steps would you take if asubOrdinate reported t you an incident of alleged Detainee abuse? (1.2416, 4.1

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

24. What procedures do you have to report suspect ci detainee abuse (IG, CID,
Next Level Commander) (1.2, 1.6, 4.1) ( 3410 /

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 concerning unit mission and their role).
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28. Describe your working environment a "d livir
k__m_coutiti6ns since being in
Theater. (Identify physical nd psychological impact on Soldier's attitufile). (12, 1.3, 1.4, 1.5, 1.6, 1 7) i
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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 er'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?)
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 (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?
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31. Describe what you understand happened leading up to and during the -
incident(s) of abuse. (No applicable standard) I C----ft%I.,-,, kl, 600/4 4f./ C+C.1 5 .0/i,

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32. 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)

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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 effe t on unit morap.) (1.2, 1. )

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34. How could the incident have been prevented? (identifies root cause and
perceived solution) (No applicable st nd

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35. Describe any unit training or other programs that you are aware of that teach . leaders and Soldiers ow to recognize and resolve combat stress.
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36. What measures are in place to boost morale or to relieve stress? (Identifiesperceived solution
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37. What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution.)