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: 
Sunday, October 30, 2005
Doc_text: 

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Did you undergo Law of War training prior to deployment? Explain what training
1.
(1.1, 1.2,
occurred. Did this training include the treatment of Detainees? Explain. (AR 350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Leyel B
1.4, 4.1)
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 commensurate with each individual's duties and
responsibilities.)

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2. Describe the training/guidance you received to prepare you for handling/guarding the detainees. Does your unit conduct sustainment training for Detainee Operations in Theater? Hovi. often does this occur and please describe it? When did your unit
(FM 3-19.40, para 2149 The guard force should
last conduct this training? (1.1, 1.2, 1.4, 4.1)
receive additional training in—• Riot control measures, control agents, and dispersers. • QRF actions.

• Searching techniques, including the use of electronic detection devices. • Nonlethal equipment and weapons. (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.) 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." There is no requirement for sustainment training
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3. What Home Station/Mob Site Training did your unit conduct prior to deployment to help your unit prepare for Detainee Operations? Describe it. (5Ss & T) How did the training prepare you to conduct Detainee Operations for this deployment? What are your units strengths and weaknesses? How did this training distinguish between the different categories of Detainees (EPWs, RPs, Cls, etc.7)? What training have you received to ensure your knowledge of DO is IAW the provisions under the
(1.1, 1.2, 1.4, 4.1) AR 350-1, paragraph 4-14, a. Soldiers and leaders
Geneva Convention?
require law of war training throughout their military careers commensurate with their duties and
responsibilities. Prescribed subject matter for training at the following levels is specified in paras 4—

14b-d of this regulation. (1) Level A training is conducted during IET for all enlisted personnerand
during basic courses of instruction for all warrant officers and officers.

(2) Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel
commensurate with the missions of the unit. (3) Level C training is conducted in TASS. Level A training provides the minimum knowledge required for all members of the Army. The
b. following basic Law of war rules (referred to as "The Soldier's Rules," which stresses the importance of compliance with the law of war) will be taught during level A training: (1) Soldiers fight only enemy combatants. (2) Soldiers do not harm enemies who surrender. They disarm them and turn them over to their superior. (3) Soldiers do not kill or torture enemy prisoners of war. (4) Soldiers collect and care for the wounded, whether friend or foe. (5) Soldiers do not attack medical personnel, facilities, or equipment. (6) Soldiers destroy no more than the mission requires. (7) Soldiers treat civilians
humanely. (8) Soldiers do not steal. Soldiers respect private property and possessions. (9) Soldiers should do their best to prevent violations of the law of war. (10) Soldiers report all violations of the law
of war to their superior.
c. Unit commanders will plan and execute level B law-of-war training based on the following: (1) Training should reinforce the principles set forth in The Soldier's Rules. (2) Training will be designed around current missions and contingency plans (including anticipated geographical areas of deployment or rules of engagement). (3) Training will be integrated into unit training activities, field training exercises and unit external evaluations. Maximum combat realism will be applied to tactical exercises consistent with good safety practices.
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4. Describe the training you received guring Basic Training in handlingiprocessing
Detainee's. How was it helpful in preparing you for Detainee Operations? How (1.1,1.4) AR 350-1, paragraph 4-
would you improve the training at the schoolhouse? 14a(1) a. Soldiers and leaders require law of war training throughout their military careers commensurate with their duties and responsibilities. Prescribed subject matter for training at the following levels is specified in paras 4-14b-d of this regulation. Level A training is conducted during IET for all enlisted personnel and during basic courses of instruction for all warrant officers and
officers.
2
5. How does your unit train on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Inte(action (R01)? What about Standards of Conduct? (How can you interact with the detainees)? What guidance or policies have you been trained/briefed on to ensure you understand interaction/ fraternization and that it is not taking place between U.S military
personnel and the detainees? (1.4, 4.1) 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." 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)
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What procedures has your leadership developed to ensure you understand the
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use of force and the rules of engagement? (1.1, 1.2, 1.4, 1.6, 4.1) AR 350-1 Law of War, 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, FM 3-19.40, paragraph 2-29, 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 personnel 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 of armed conflict and with these ROE."
How is your unit ensuring that all Detainees are protected, safeguarded, and
7.
accounted for 1AW the 5Ss & T? (1.1, 1.2, 4.1) AR 190-8, paragraph 1-5 a-g, (All persons detained, captured, 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 and repatriation. All persons taken into custody by U S forces will be provided with the protection of the GPW until some other legal status is determined by competent authority.) AR 190-8, paragraph 4(b-c) 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
3 0 8 3
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punishable violation under intemational 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 -II be protected against all acts of violence to include rape, forced prostitution, assault and theft, ins Its, curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific exp-ents. This list is not exclusive. EPW/RP are to be protected from all
threats or acts of violence.
8. How do you tag detainees for processing (CPA Form, DD Form 2745)? hat procedures do you go through? How do you tag equipment (DD Form 2745, DA Form 4137)? What about evidence(DD Form 2745, DA Form 4137)? What
procedures do you use to process equipment/evidence? What about confiscated personal affects? Where do you store Detainees' confiscated personal affects (if any) (1.1, 1.2,1.8) (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
DD Form 2745, Part C is attached to the property confiscated from the Detainee, socapturing unit.
that it may later be matched to that Detainee. 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. *
Prepare a receipt for currency and negotiable instruments to be signed by the captive and the feceiver. Use cash collection vouchers so that the value can be credited to each captive's account. List currency and negotiable instruments on the captive's personal-property list, but treat them as impounded property. * Keep the original receipt with the property during evacuation. Give the captive a copy of the receipt, and tell him to keep it to expedite the return of his property. *Have MI sign for property on DA Form 4137 and for captives on DD Form 2708. *Return confiscated property to supply after it is cleared by MI teams. Items kept by MI because of intelligence value are forwarded through MI channels. * Evacuate retained items with the captive when he moves to the next level of internment. * Maintain controlled access to confiscated and impounded property.) Property seized
Use of the DA Form 4137from a CI (AR 190-8, 6-3b), will be documented on the DA Form 4237-R. is not required.
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9. What are the procedures for transporting and evacuating detainees? (1.1, 1.2, 1.5, 4. 1) AR 190-8, paragraph 1-4g(5) Evacuation and care of EPW and RP Those units designated to hold and evacuate EPW and RP will: a. Collect prisoners from capturing units, and evacuate the from the combat zone as soon as possible b. Ensure sick and wounded EPW and RP in
their custody are classified, by qualified medical personnel, as either walking wounded or litter, or as
3084
4
non-walking wounded. Walking wounded or litter EPW will be evacuated through established evacuation channel Non-walking wounded or sick EPW will be delivered to the nearest medical aid -station and evacuated through medical channels All detained personnel will remain physically segregated from U. or civilian prisoners. Prisoners will not normally be interned in unhealthy areas, or where the climate proves to be injurious to them, and will be removed as soon as possible to a more favorable climate. AR 190-47, paragraph 11-3(4)(a), Guard requirements for prisoners being transported outside an ACS facility, by means of foot, motor vehicle, or aircraft (other than AIREVAC or U.S. Marshals Service aircraft) are as follows: (a) Trained correctional, military police or security personnel: Under maximum custody circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per five prisoners. In minimum custody circumstances there will be one guard per ten prisoners. Trustee guards will be determined by the ACS facility
commander. (b) Non-correctional personnel: It is required that at least one guard be a SGT or above who is equal or senior to prisoners in a pretrial status. Under maximum custody circumstances, prisoners will have two guards per prisoner. In medium custody circumstances, prisoners will have one guard per two prisoners, and in minimum custody circumstances there will be one guard -per five
prisoners.
10.What transportation problems is the unit experiencing either to move troops or
detainees during the operation? (1.5)

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11.What is the ratio of guards to detainees? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? Why are their shortfalls?. How do these shortfalls impact your mission? (1.1, 1.2, 1.3, 2.1, 3.1, 4.1) FM 3-19.40, paragraphs 3-38 thru 3-39. . A brigade without an MP platoon in DS sets up and operates its own
number of
forward CPs The number of MP teams needed to operate a forward CP is based on theThe projected number of captives is based on mission analysis
captives expected and METT-TC.
and intelligence estimates conducted by the brigade Intelligence Officer (US Army) (S2). Division forward CPs are mobile; they can be set up, expanded, and relocated quickly as the tactical situation warrants. AR 190-47,paragrpah 11-3(4)(a), Guard requirements for prisoners being transported outside an ACS facility, by means of foot, motor vehicle, or aircraft (other than AIREVAC or U.S.
Marshals Service aircraft) are as follows:
Trained correctional, military police or security personnel: Under maximum dustody

(a)
circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per five prisoners. In minimum custody circumstances there will be one guard per ten prisoners. Trustee
guards will be determined by the ACS facility commander. Non-correctional personnel: It is required that at least one guard be a SGT or above who is equal
(b)
or senior to prisoners in a pretrial status. Under maximum custody circumstances, prisoners will have
two guards per prisoner. In medium custody .

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12.What equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc.)? (1.5)
ibe the latrine facilities for Detainees' use (do they have access to it day
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s it conform to the rules of hygiene and do females have separate
and night an
eaned and how often and by whom? Where do they
facilities). How are t
hygiene (this will depend how long it takes to
bathe and conduct other pers
1.8) AR 190-8 para 3-4.i.(1) paraphrased...EPWs
evacuate Detainees to CO/BN? (/.1, .
ales will have separate latrines. AR 190-8
will have day/night access to latrines that are clean.
latrines that are sanitary.
para 6-6.g.(4) paraphrased...All CI will have access to day
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(Bottled water or Lister bag)? (1.1,
14.How do the Detain es receive fresh water
1.2, 1.8) AR 190-8, paragraph 3-4 f (3) Sufficient drinking wdter will be supplies to EPW/RP.
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15. Do you know of the procedures to get stress counseling
(1./, 1.2, 1.6, 2./, 4.1) FM 3-19.40, paragraph 2-48: Personnel

Chaplain, Medical)?
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, CI, RP is
prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment
3086
6
is a serious and punishable violation under international law and the Uniform Code of Military Justice
(UCMJ
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re you aware of your requirement to report abuse or suspected abuse of
AR 190-40 para 2-1, Military and civilian personnel assigned to or
detainees? (1.1, 1.2, 4.1)

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, or an Inspector General.) AR 190-40, Appendix B, Category 1
b. War crimes, Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: 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.
17.Do you feel you can freely report an incident of alleged Detainee abuse outside
(AR 190-40, Appendix B, Category 1 Command channels (IG, CID) (1.1, 1.2, 1.6, 4.1) b. War crimes, Reportable Serious Incidents, E3-1. Actual or alleged incidents involving the following: 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
Incidents involving prisoners or detainees of Army confinement or
involving the following: g.

correctional facilities to include escape from confinement or custo0y, 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 ail circumstances, the CI will be treated with respect for their person, their honor,
their family rights, their religious convictions and practices, arid 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 HODA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR
190-40 will be used.)
.
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(IG, CID, Next
18.What procedures do you have to report suspected detainee abuse
(AR 190-40, Appendix B, Category 1 Reportable
Level Commander) (1.1, 1.2, 1.6,4.1)
b. War crimes, including
Serious Incidents, B-1. Actual or alleged incidents involving the following:
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
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.)
19.What procedures are in place for detainees to report alleged abuse? (1.1, 1.2,
AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1)
1.6, 4.1)
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
At each camp and branch camp, CI will be elected by secret written ballot toCommittee a. Election.
the Internee Committee. This committee is empowered to represent the camp to the protecting powers, International Committee of the 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, a. Persons may make
complaints or requests to the camp commander, who will try to resolve the complaints and answer
the requests. If the CI are not satisfied with the way the commander handles a complaint or request,
they may submit it in writing, through channels, to HQDA, ODCSOPS (DAMO.- ODL) NPWIC, WASH
P-ersons exercising the right to complain to the protecting power about theirDC 20310-0400. b.
treatment and camp may do so—(1) By mail. (2) In person to the visiting representatives of the
protecting power. (3) Through their Internee Committee. c. Written complaints to the protecting
30888

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
d. If a protecting power communicates with a CI camp
will not be placed on any CI communications.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.
20. What do you perceive as the mission of your unit? Describe the importance of
(Insight to the Soldier's understanding and attitude concerning
your role in that mission.
a. The c ain of
AR 600-20 Command Policy 2-1. Chain of Command
unit mission and their role)
command assists commanders at all levels to achieve their primary function of accomplishin the unit's assigned mission while caring for personnel and property in their charge. A simple andl direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a
b. Commanders delegate sufficient
minimum of time and with the least chance of misinterpretation.
authority to soldiers in the chain of command to accomplish their assigned duties, and commanders

may hold these soldiers responsible for their actions. .

Describe your working environment and living conditions since being in Theater.
21. (1.2, 1.3, 1.4, 1.5, 1.6, 1.7) FM
(Identify physical and psychological impact on Soldier's attitude).
Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical level will continue to be on
10-1,
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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22. Describe the unit command climate and Soldier morale. Has it changed or
(Identifies Soldier's perception of the chain of
evolved since you have been in Theater?
command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the
30%9
1 AR 600-20 • 13 May 2002 1-5.
Command cares? Are they getting clear guidance?)
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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23. Please provide by show of hand if you aware of any incidences of detainee or
(Those that raise their hands, need to be noted and interviewed
other abuse in your unit? 190-8, 1-5. General protection
individually afterwards using the ABUSE QUESTIONAIRE) AR
U.S. policy; relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed
policy a.
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
RP known to have,status is determined by competent authority. (3) The punishment of EPW, CI and
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
b. All . punishable violation under international law and the Uniform Code of Military Justice (UCMJ). prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: rnurder, 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 prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be
strictly
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 desi'gnated 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. .
10
3090
What do you perceive as the mission of your unit? Describe the importance of
(Insight to the Soldier's understanding and attitude
your role in that mission.
AR 600-20 Command Policy 2-1. Chain of Command
concerning unit mission and their role)
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
b. Commanders
lowest levels in a minimum of time and with the least chance of misinterpretation.
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.
Describe your working environment and living conditions since being in Theater.(1.2, 1.3, 1.4, 1.5, 1.6,
(Identify physical and psychological impact on Soldier's attitude).
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.
Describe the unit command clirnate and Soldier morale. Has it changed or
(Identifies Soldier's perception of the
evolved since you have been in Theater?
chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel
AR 600-20 • 13 May 2002 1-5.
the Command cares? Are they getting clear guidance?) 1
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 concem, 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 atcomplish the
mission rather than feed their self-interest..
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AR 190-
Are you aware of any incidences of detainee or other abuse in your unit? 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

b. All prisoners will receive
international law and the Uniform Code of Military Justice (UCMJ).
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. Alt 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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(grade, if any, and name), a member of the (DAIG). I am part of
I am
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
. (specify
suspect that you rnay have committed offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by Courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian counsel of your own choosing, at your own expense. You may request a lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you want a lawyer? (If the answer is yes, cease all questions at this point). Are you
willing to answer questions?
Describe what you understand happened leading up to and during the incident(s)
of abuse. (No applicable standard).
Describe Soldier morale, feelings and emotional state prior to and after these
(Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, .
incidents?
retaliation, preemption, family crisis) i
Was this incident reported to the chain of command? How, when & what was
(Identifies compliance, procedure, timeliness,
done? What would you have done?
(1.2, 1.6) (AR 190-40,
Soldier perception of action taken and effect on unit morale.)
Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving War crimes, including mistreatment of enemy prisoners of war, violations of the
the following: b.
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
a. Treatment. (1) No
of the incident. AR 190-8, 5-1. General protection policy—civilian internee, form of physiatorture or moral coercion will be exercised against the Cl. This provision does not
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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 CI 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), \NASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
(Identifies root cause and perceived
How could the incident have been prevented? solution) (No applicable standard) .
Describe any unit training or other programs that you are aware of that teach
FM 22-51, para
leaders and Soldiers how to recognize and resolve combat stress.
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 ugit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small ulnit) leaders. The responsibility extends up through the organizational leaders and their staffs (IDoth 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. )i

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What measures are in place to boost morale or to relieve stress?
(Identifies
perceived solution.) 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 [NCO* 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.
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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DA IG
DOD-037754

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