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 The soldier states that new soldiers coming in receive little or no training and there are not enough interrogators.

Doc_type: 
Interview
Doc_date: 
Wednesday, March 31, 2004
Doc_rel_date: 
Friday, September 2, 2005
Doc_text: 

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1. (All)
What is your overall role in detainee operation process? What involvement
* ,.-- you have in the interrogation process of detainee operations? Do you provide
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' to validate detainee's information? Do you provide input as to the disposit
30'1° detainee? (1.1, 1.2, 4.1) of the
(FM 34-52 page 2-12 Battalion S2 Controls Interroga
`it v temporary period at battalion level receive PIR, IR, and SIR from the supportedtion employed
ensure
battalion S2. Thi for
interrogators are fully oriented to the battalion's collection mission. This will
Vitt- In other instances,
interrogators may be placed at brigade in an "on call" status, from which they can proceed to an
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1,\e4":,44P-4115 subordinate battalions as circumstances warrant. Upon completion of a low-level, immediate-typeyof the interrogation, they can return to brigade and again become available for immediate employment. Commanders and Sts below brigade level who are unable to obtain interrogation support from higher L,' echelons should include provisions in unit and staff standing operating procedures (SOPs) for the "
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questioning" (not interrogation) of EPWs or detainees. They should identify assigned personnel for tactics
_Ailtjt.9• ' language capability. Interrogatio n
ould a
C s provide trining in the area tactical
designated S2 personnel. The.potential for abuse to
of the EPW is greatest at the in
of itial capture and tactical
kty01 itie questioning phase. With the excitement and stress of the battlefield, it may become easy for unskilled
personnel to resort to illegal techniques to elicit critical information. Instruction must stress the importance

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orm Wyt ", of the proper treatment of EPWs. Emphasize that the abuse of an EPW at the initial stage of contact often

renders future interrogation futile. If you are engaged in, or supervising the tactical questioning of EPWs, you are responsible for ensuring that EPWs are treated in accordance with the requirement of international and US law. Any tactical questioning conducted must be in response to the supported commander's PIR. At this level the brigade S2 must maintain secure communication with interrogation
personnel to ensure requirements are answered. Except under extreme weather conditions, and MP availability, it is not necessary to keep EPWs within the confines of a building or other shelter at battalion level since they will not remain for more than a few hours before being evacuated. The capturing unit escorts or transports EPWs or detainees to the nearest collection point, and turns them over to the MP. Interrogators in DS of the brigade will screen and categorize all EPWs or detainees, question them, and report information obtained in response to brigade PIR, IR, and SIR. They will do this under timeconstraints, as all EPWs or 6 eta inees must be evacuated without delay.
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2: (All) What refe
rences/standards/publications/SOPs do you use to conduct
interrogation Operations? (1.1, 1.2, 2.1, 4.1)
AR 190-8, DoD Directive 5100.77, 1949 Geneva Convention, FM 34-52 Intelligence Interrogation, FM 3-19.40, These are the primary source for standards
anploctrine concerning Detainee Operations).
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3. (All)
Did your soldiers undergo Level B Law of War training prior to deployment? Explain what training occurred. Is there a plan to train new Soldiers (replacements) to
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the unit? Did this training include the treatment of Detainees? Explain. (1.1, 1.2, 1.4, RA 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(4)(C 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 violente 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.)

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4. (AII) What training have you received to ensure your knowledge of DO is IAW the
provisions under the Geneva Convention? (1.1, 1.2, 1.3, 4.1) DoDD 2310.1 para 3

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3.2 (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
enemy personnel is possible.) AR 190­
8, paragraph 4(b-c) The inhumane treatment of EPW, Cl, 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).
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. 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
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5. (All) What Home Station/Mob Site Training did your unit conduct prior to deployment to help your unit prepare for Detainee/interrogation Operations? Describe it. How did the training prepare you to conduct Detainee/interrogation Operations for this deployment? How did this training distinguish between the different categories of
Detainees (EPWs, RPs, Cls, etc.)?
(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(4)(C 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
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6. (All) What training did your unit receive on the established Rules of Engagement
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(ROE)? How often does this occur? Does this training include Rules of Interaction AlcrAin./
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(DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments
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shall provide directives, publications, instructions, and training so that the principles and rules of law of
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cAti A 00 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.) ROE from CJCS ISO Iraqi operations
dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of

iktrmed conflict and with these ROE." AR 190-8, paragraph 3- The following acts will not be permitted; Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as

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imprQper or intimate communications or actions betweenV. S. Armed Forces personnel and EPW/RP.
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(All) What procedures are in place to ensure your Soldiers do not violate the rules of engagement for the interment facility/collection point? (1.1,
1.2, 1.4, 1.6, 4.1) FM 3-19.40,
paragraph 2
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29, An MP commander ensures that soldiers understand use-of-force guidelines and the ROE established by higher headquarters for each mission. Because the use of force and ROE vary depending on the category of housed personn6l and the operational environment, the commander develops SOPs that follow the guidance provided. He balances the physical security of force with mission accomplishment and the protection of deployed forces. ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel
are familiar with the law ofarmed conflict and with these ROE."
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8. (All) What guidance or policies are there to ensure fraternization is not taking place
between U.S military personnel and the detainees? (1.1, 1.2, 1.4,1.6, 4.1) AR 190-8, paragraph 3-6 a, The following acts will not be permitted: (1) Fraternization between
EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EWP/RP. AR 190-8, para 6-10. Discipline and security:
Measures needed to maintain discipline and security will be set up in each camp and rigidly enforced. Offensive acts against discipline will be dealt with promptly. The camp commander will record disciplinary punishments. The record will be open to inspection by the protecting power.
a. Prohibited acts.
(1)
Associations on close terms between the CI and U.S. military or civilian personnel.

(2)
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alge of gifts between the I and U.S. military or civilian personnel.
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9. (All) How does the command ensure that interrogation Operations is conducted in compliance with the international Law of war? (OPORD/FRAGO, ROE, Interrogation Techniques, general orders, humane treatment, etc) (1.1, 1.2, 4.1) AR 190-8, paragraph 1-4g. (Combatant Commanders, Task Force Commanders, and joint Task Force Commander have the overall responsibility for the EPW, CI, and RP program, operations, and contingency plans in the theater of operation involved to ensure compliance with international law of war. DoD Directive 2310.1 provides that persons captured or detained by the U S Military services shall normally be handed over for safekeeping to U S Army Military Police, or to detainee collecting points or other holding facilities and installations operated by U S Military Police as soon as practical.) ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE."
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10. (AII) Have you personally visited each of the interrogation Facilities to determine if your unit has the necessary support and supplies to run their facilities? If so, what did you find? (1.1, 1.2, 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.) LA)a-24 YU..4, QUO—Lei Act4..s .
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11. (All) What control measures are you using to maintain discipline and security within the interrogation facility? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-6 (Measures needed to maintain discipline and security will be established in each camp/collection point and rigidly enforced. The camp

commander will maintain records of disciplinary punishments. These records will be open to inspection by the protecting power. The following acts will not be permitted; Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EPW/RP. Donating or receiving gifts or engaging in any commercial activity between persons in U.S. custody and U.S. personnel. Setting up of courts by detainees. Disciplinary powers will not be delegated to or exercised by EPW/RP. Punishment will not be
-adm -nistered by EPW/RP.) Coja and,e N)..E)ct .
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12.(BNICO Cdr) Are you receiving sufficient information from the capture paperwork to
vici.ANSIc' 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
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intelligence? (1.1, 1.2, 2.2, 4.1) (No standard)
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13. (BN/CO Cdr) 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
f.V•u7a,Jguard Force (type of reward?)...observation report, paper trail audit) (1.1,1.2, 4.1)
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(FM 3-19-40, chapter 3/3-68) If a captive or his equipment or documents are removed from the
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receiving/processing line, account for them on DD Form 2708 and DA Form 4137. 3-68. The site is
4,0 Peej,' located where screeners can observe captives as they are segregated and processed. It is shielded from the direct view of captives and is far enough away that captives cannot overhear screeners' conversations. The site has an operation, administrative, and interrogation area. The interrogation area
*tit accommodates, a captive, a guard, and an interpreter as well as furniture. Lights are available for night
cvojNO-operations. Accountability procedures are implemented and required forms are available)

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14. (CO Cdr/I3n S3) Describe the screening /background checks required prior to hiring interpreters. Are they trusted by U.S. Soldiers? (1.3, 1.7, 4.1) (FM 34-52 Intelligence Interrogation, FM 3-19.40, para 4-6, Request interpreters from MI, PSOP, allied forces, or local authorities
as necessary )
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e?___:15JAIDDo counterintelligence agents conduct interrogations of detainees? What training have they received for conducting interrogations? What is their understanding of e laws of war as it pertains to interrogating detainees? (1.1, 1.2, 1.5) (Counterintelligence , agents are not authorized to conduct interrogations unless trained on FM 34-52, FM 27-10)/ iltkeAr.,..q Aite ..90,1W c-Ape.j/-c).Betz!."cop s. iistu. 6, 4. 46.—A.42-t4tea
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16. (All) What do you perceive to be doctrinal shortcomings pertaining to Interrogation Operations? How would you fix/incorporate into updated doctrine/accomplish
Az"( differently? How about Force Structure to ensure Interrogation Operations can be yowirrluccessfully accomplished? What are the shortcomings and how do we fix the problem
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17. (All) What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2, 4.1) AR 1908, paragraph 3-3a (20): Report allegations of criminal acts or war crimes committed by or against
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EPW/RP to the supporting element of the U.S. Army Criminal Investigation Command (USACIDC). Deaths resulting from other than natural causes will be investigated by USACIDC. Para 3-10 c: When an EPW or RP in US custody dies, the attending medical officer furnish the camp (or hospital) commander or other officer charged with their custody before death, the following information: (1) Full name of deceased. (2) ISN of deceased. (3) Date, place, and cause of death. (4) Statement that death was, or was not, the result of the deceased's own misconduct. (5) When the cause of death is undetermined, the attending medical officer will make a statement to that effect. When the cause of death is finally' determined, a supplemental report will be made as soon as possible. e. The attending medical officer and the appropriate camp commander will complete a DA Form 26697R (Certificate of Death). DA Form 2669-R will be reproduced locally on 8'1/2 by 11-inch paper. The form is located at the back of this regulation. This form is for the use of Army only. Enough copies of form will be made out to provide distribution as follows: (1) Original-information center. (2) Copy-information center (branch), if necessary. (3) Copy-The Surgeon General. (4) Copy-EPW or RP personal file. (5) The proper civil authorities responsible for
recording deaths in the particular state if the EPW dies in the United States.
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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) FM 3-19.40, paragraph 2-48: Personnel assigned or attached to I/R facilities are trained on the care and control of housed . personnel. They are fully
cognizant of the provisions of the Geneva and UN Conventions and applicable regulations as they apply to the treatment of housed personnel. A formal training program should include stress management techniques. FM 8-51, Appendix D, D-2 f (3): Combat stress control units should provide routine mental health consultation to EPW confinement facilities. This should include: stress control advice to the command regarding the stressors of US Army MP personnel and any allied or coalition personnel working at the confinement facility; individual evaluation and intervention for guards or prisoners when indicated. AR 190-8, Paragraph 1-5, (4) The inhumane treatment of EPW, Cl, 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 Cod f Military Justice (UCMJ).
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19. (All) 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 or
accompanying 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, IV an Inspector General.) AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, 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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20. (All) Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.2, 1.6, 4.1) (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
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 without 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. (All) What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2, 4.1)
(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 ofphysical 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 practices, and their manners and'cUstOms. At all times the Cl 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
7
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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 CI will be treated with the same consideration and without 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.)

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22. (All) Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.6, 4.1) (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 iricident. 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 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 Cl 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 CI will be treated with the same consideration and without 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.)
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23. (All) What procedures do you have to report suspected detainee abuse (IG, CID,
Next Level Commander) (1.2, 1.6, 4.1) (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 aprisoner, 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
8j 2228
DA 1G
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 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 CI will be treated with the same consideration and without 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.)
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24. (All) What procedures are in place for Detainees to report alleged abuse? (1.2, 1.6, 4.1) AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1) Appeals. The CI who are interned for imperative security reasons will be accorded the right to appeal the order directing their internment. Such appeals will be decided with the least possible delay by a board of officers.
Appeals will be decided only on the grounds of the existence or nonexistence of imperative security reasons requiring the internment of the protected person. 6-4. Internee Committee a.
Election. At each camp and branch camp, CI will be elected by secret written ballot to the Internee Committee. ThisPP1117
committee is empowered to represent the camp to the protecting powers; International Committee of the
adz Red Cross, or other authorized relief or aid organizations and U.S. military authorities. e. Duties. (3) (c) The presentation and transmittal of petitions and complaints to the appropriate authorities in proportion to the kind of labor performed. 6-9. Complaints and requests to camp commanders and protecting power,
/5. /4u..\
a. Persons may make complaints or requests to the camp commander, who will try to resolvelhe
L
complaints and answer the requests. If the Cl are not satisfied with the way the commander handles a
1110
17.-."'complaint or request, they may submit it in writing, through channels, to HQDA, ODCSOPS (DAMO -
ODL) NPWIC, WASH DC 20310-0400.

b . Persons exercising the right to complain to the protecting
%. power about their treatment and camp may do so—(1) By mail. (2) In person to the visiting INALL.01" representatives of the protecting power. (3) Through their Internee Committee.
c. Written complaints to mooll- the protecting power will be forwarded promptly through HQDA (DAMO - ODL) NPWIC, WASH DC
20310-0400. A separate letter with the comments of the camp commander will be included. Military endorsements will not be placed on any CI communications.
d. If a protecting power communicates with a CI camp commander about any matter requiring an answer, the communication and commander's reply will be forwarded to HQDA (DAMO-ODL) NPWIC, WASH DC 20310-0400, for proper action. 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.
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25. What do you perceive as the mission of your unit? Describe the importance of your

role in that mission, (Insight to the Soldiers 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
9 2229
DA IG

Coo Id no1 earzal .1-So kb
se—geA,
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. 7)1ne
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26. 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 10­1, 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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27, 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, leader and led alike, work together to accomplish the mission rather than
feed their self-interest..
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28. Are you aware of any incidences of detainee or other abuse in your unit?
AR 19o-8, 1-
5. General protection policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody ofthe 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
2230
10
DA IG
DOD-021941
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 • each camp in the language of the EPW, CI and RP.
D
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
2231
11
DA IG
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?
29.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard)

30.
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)
31. 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 thefollowing: 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 Clwill be treated with respect for their person, their honor, their family rights, their religious convictions and 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 beentitled 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 CI will
be treated with the sameconsideration 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.)
2232
12
DA IG

32. How could the incident have been prevented? (Identifies root cause and perceived
solution) (No applicable standard)
33. 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 [NCOs]) 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,
and special staff, and by specialized Army CSC units and mental health personnel. )
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34. 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 organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) 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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DA IG
35. What measures could the command enact to improve the morale and command
climate 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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14 DA IG

Doc_nid: 
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