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.

Doc_type: 
Questionnaire
Doc_date: 
Tuesday, March 23, 2004
Doc_rel_date: 
Friday, September 2, 2005
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C-41J-4/G-4 (DIVISION & HIGHER) INTERVIEW QUESTIONS (ALSO POSSIBLE COSCOM CDRs/G-4s OR DISCOM CDRs/S4s)
Rank.Branch .Date:.Unit
Duty Position . How Long in Job

Interviewer .How Long In Country
1. Concerning logistical operations, what is your role in the support of (Theater/Division) Detainee Operations? (1.1, 1.2, 1.5, 4.1) AR 1908, para 1 4, g.,
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Combatant Commanders, Task Force Commanders and Joint Task Force Commanders will (2) Plan and procure logistical support to include: transportation, subsistence , personal, organizational and Nuclear, Biological & Chemical (NBC) clothing and equipment items, mail collection and distribution, laundry, and bath for EPW, CI and RP. (3) Collect and dispose of captured enemy supplies and equipment through theater logistics and Explosive Ordnance Disposal (EOD) channels. (4) Coordinate for acquisition of real estate, and as required, for planning, design, contracting, and construction of facilities for EPW, CI and RP with the Theater or JTF Engineer. (5) Establish guidance for the use, transport, and evacuation of EPW, CI, RP, and ODs in logistical support operations.
2. Describe priority of support for Detainee Operations. How does this compete with your other mission requirements? Is the Priority of Support in SOPs, OPORDs/FRAGOs? (in writing) (1.1, 1.2, 1.5, 4.1) (AR 1908, paragraph 1 -4g (2),
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(Commanders will plan and procure logistical support to include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. FM 3-19.40, para 7-101, Supply functions in a confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from falling into the hands of prisoners.)
3. Describe how subordinate units plan and procure logistical support for Detainee Operations. (include: transportation, sundry items, subsistence, organizational, and NBC clothing and equipment items, mail collection and distribution, laundry, and bath equipment) Have you ever coordinated for transportation to evacuate Detainees out of the AOR? Who approved the transfer? (1.1, 1.2,1.4, 4.1) (AR 190-8, para 2-3, Evacuation Policy. a. Evacuation of EPW or RP outside the theater of operations requires SECDEF approval. b. Wounded EPW generally will not be evacuated to CONUS until released from
medical channels. They will be processed through U.S. military police assets. If EPW are to be medically evacuated, they will be processed and accounted for per this regulation. AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure logistical support to include: transportation, subsistence, personal,
organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. FM 3-19.40, para 7-101, Supply functions in a confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from falling into the hands of prisoners.) AR 190-8, para 6-15. Transfers. a. Authority to
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transfer. Theater commanders may direct the transfer of the CI, subject to the following conditions: (1) The CI may not be transferred beyond the borders of the occupied country in which interned except when for material reasons it is impossible to avoid such displacement. The CI thus evacuated will be transferred back to the area from which they were evacuated as soon as hostilities in that area have ceased.
4.
What are some of the services being contracted out/outsourced to support Detainee Operations in Theater? Are there any issues concerning contracting or budget that you are aware of that impact Detainee Operations? If so, what are they? Who oversees the contracts that support Detainee Operations and where can we find out who the Army Representatives are (CORs)? (Contracting and Outsourcing references/standards are unknown at this time. Will need to make observations based on interviews, observations and document reviews—follow-up required when we return to CONUS) (1.1, 1.2, 1.3, 1.5, 1.7, 4.1)

5.
Are you aware of any Home Station Training that subordinate Combat Service Support units conducted prior to deployment to help them prepare for Detainee Operations? (to include collection point activities, etc) Can you describe it? (1.1, 1.2, 1.4, 4.1 DoDD 2310.1 (The U.S. Military Services shall be given the necessary training to ensure

they have knowledge of their obligations under the Geneva Conventions (references (b) through (e)) and
as required by DoD Directive 5100.77 (reference (f)) before an assignment to a foreign area where capture or detention of enemy personnel is possible.) (AR 350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1-5(4XC DOD Directive 5100.77), All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and training so that the principles and rules of law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual's duties and responsibilities.)
6. Have you had the opportunity to personally visited each of the Internment Facilities

to determine if units have the necessary support and supplies to run their facilities? If so, what did you find? How about division and brigade Collection Points? (1.1, .1.2, 1.5,
4.1). AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure logistical support tb include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. (FM 3-19.40, para 7-101, Supply functions in a
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confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from falling into the hands of prisoners.)
7. What are your challenges/issues in providing daily food rations in sufficient quantity, quality and variety to keep Detainees in good health and IAW with their cultural requirements? What is the schedule for feeding and what are they being fed? Please elaborate (1.1, 1.2, 1.5, 4.1) AR 190-8, para 6-5, b. Food. (1) Subsistence for the CI will be issued
on the basis of a master CI menu prepared by the theater commander. Preparation of the menu will include the following: (a) The daily individual food ration will be sufficient in quantity, quality, and variety to maintain the CI in good health and to prevent nutritional deficiencies. (b) The customary diet of the CI will be considered. (c) The CI performing physical labor will receive additional food in proportion to the kind of labor performed. (d) Expectant and nursing mothers and children under 15 years of age will receive additional food in proportion to their physiological needs. (2) Facilities will be available to the CI for preparing additional food received or procured by them from authorized sources.
8.
How do Detainees receive fresh potable water in your area of responsibility? (Bottled water, Lister bags, running water--if so, is it potable) (1.1, 1.2, 1.8, 4.1) (AR 190-8, para 3-4.e, f, g) Sufficient drinking water will be supplied to EPW/RP. AR 190-8, para 1-5, a. (1) All persons captured, detained, interned, or otherwise held by U.S. Armed Forces custody during the

course of the conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. Forces until final release or repatriation.)

9.
What procedures are in place to account for and dispose of captured enemy supplies and equipment? (1.1, 1.2, 1.5, 4.1) AR 190-8, paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy supplies and equipment through theater logistics and EOD channels. (AR 190-8, para 2-1, a. (1) (b) (c), All equipment, documents, and personal property confiscation during the search must be tagged and administratively accounted for by the capturing unit. DD Form 2745, Part C is attached to the property confiscated from the Detainee, so that it may later be matched to that Detainee.) AR 190-8, paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy supplies and equipment through theater logistics and EOD channels.) FM 3-19.40 para 3-14. Property Accountability. When seizing property from a captive= Bundle it or place it in a bag to

keep it intact and separate from other captives' possessions. *Prepare DA Form 4137 for confiscated and impounded property.
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10. What are your biggest issues concerning adequate facilities for Detainees (tents, cots, etc)? (1.5, 1.8, 4.1) (AR 190-8, para 6-1, All necessary and possible measures will be taken to ensure that CI shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection
against the rigors of climate and the effects of war. In no case shall permanent places of internment be placed in unhealthy areas, or in districts the climate of which is injurious to Cl.
11. What are your biggest issues concerning logistical support for Detainee Operations? (1.5, 4.1) (AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure logistical support to include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. FM 3-19.40, para 7-101, Supply functions in a
confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from falling into the hands of prisoners.)
12.What do you perceive to be doctrinal logistic shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine/accomplish differently? How about Force Structure of logistical units that ensures Detainee Operations can be successfully accomplished? What are the shortcomings and how do we fix at the Army-level? (1.1, 1.3, 1.5, 1.7, 4.1) (AR 190-8, paragraph 1 -4g(2), (Commanders
will plan and procure logistical support to include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. FM 3­19.40, para 7-101, Supply functions in a confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from
falling into the hands of prisoners.)
13. Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to oraccompanying a DoD Component know that they shall report reportable incidents through their chain of command and that such reports also may also be made through other channels, such as the military
police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following:
b. War crimes, including
mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident.
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14.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) AR 600-20 Command Policy 2-1. Chain of Command a. The chain of command assists commanders at all levels to achieve their primary function of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of
command to accomplish their assigned duties, and commanders may hold these soldiers responsible for their actions.
15. 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) FM 10-1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical level will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field
kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved
containerized capability for providing responsive laundry and shower support well forward on the

battlefield must be developed. Frontline soldiers require brief respites from the rigors associated with combat. A facility complex (Force Provider) will be available in which they can shower, clean their clothes, eat hot meals, and rest in an environmentally controlled shelter.

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16. 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?) 1 AR 600-20 • 13 May 2002 1-5. Command, b. Elements of command.
c. The commander is responsible for establishing leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders
committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers, lea9L r and led alike, work together to accomplish the mission rather than
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17. Are you aware of any incidences of detainee or other abuse in your unit? AR 190-8, 1-
5. General protection policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: (1 ) All persons captured, detained, interned, or otherwise held in
U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered IAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. c. All persons will be respected as human beings. They will be protected against all acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence. d. Photographing, filming, and video taping of individual EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander's chain of command. e. A neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the language of the EPW, CI and RP.
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)
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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?
18.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard)

19.
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)
20. 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) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following:
b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander
determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy—civilian internee, a.
Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This
provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and
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practices, and their manners and customs. At all times the CI will be humanely treated and protected •
against all acts of violence or threats and insults and public curiosity. In all official cases they will be
entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such
as rape, forced prostitution, or any form of indecent assault. (4) The Cl will be treated with the same
consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
21.
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard)

22.
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para 11 -5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers (NC0s1) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the

noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health personnel. )
23. What measures are in place to boost morale or to relieve stress? (Identifies perceivedsolution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of
misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the
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organizational leaders and their staffs (both officers and noncommissioned officers [WOO at all
echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control
them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the
medical personnel, and combat stress control/mental
health personnel (see Appendix B for information
pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the

responsibility of the other members . of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The
commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the
chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC
units and mental health personnel.

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24. What measures could the command enact to improve the morale and commandclimate of your unit? (Identifies perceived solution.) FM 22-103, Leadership and Command at Senior Levels, 21 Jun 1987, p. 6, - "Leadership. The process of influencing others to accomplish the
mission by providing purpose, direction, and motivation." AR 600-100, Army Leadership, 17 Sep 1993, p. 8, 1987- "Senior-level leadership is the art of direct and indirect influence
and the skill of creating the
conditions for sustained organizational success to achieve the desired result. But, above all, it is the art of taking a vision of what must be done, communicating it in a way that the intent is clearly understood, and then being tough enough to ensure its execution."
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Doc_nid: 
3795
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80