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. 101 Miltary Police Guard answers questions about detainee operations.

Doc_type: 
Questionnaire
Doc_date: 
Monday, March 22, 2004
Doc_rel_date: 
Sunday, October 30, 2005
Doc_text: 

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\.?"..f&\ GUARD FORCE (ENLISTED) COLLECTION POINT & INTERNMENT FACILITY SENSING SESSION QUESTIONS
Date 1241/4A(j)
Branch State/Component4
Rank Unit\Ati Duty Position Co(-11A4-keHow Long in Job
Interviewere(p
Did all of you undergo Law of War training prior to deployment? Explain what
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training occurred. Is there a plan to train new Soldiers (replacements) to the unit?
(1.1, 1.2, 1.4, 4.1)
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), 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 commensurate with each individual's duties and responsibilities.)

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irs ar. What training [lave you received to-ensure your knowledge of DO is IAW the
2.2provisions under the Geneva Convention? (5Ss & TWA, 1.2, 1.3, 4.1) DoDD 2310.1 para 3-3.2 (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, 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 Uniforrn 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 o violence

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3. What training did your unit receive on the established Rules of Engagement­(ROE)? How often does this occur? Does this training include Rules of Interaction (R01)? (1.4, 4.1) (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 (hese 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.
¦ a 0-vs-A) kcAndus v uescn e the trainin th uard for received to prepare tnem for their duties.
4.
(1.1, 1.2, 1.4, 4.1) (FM 3-19. 0, pa a 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-- * Principles and laws of land warfare, specifically provisions of Geneva and UN Conventions and HN laws and customs. * Supervisory and human relations techniques. * Methods of-self-defense. *The use of force, the ROE, and the ROI. *Firearms qualification and familiarization. *Public relations, particularly CONUS operations. *First aid. *Stress rnanagement techniques. *Facility regulations and SOPs. *Intelligence and
counterintelligence techniques.* Cultural customs and habits of internees. *The basic language of internees. FM 3-19.40 para 2-49. The guard force should 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.
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5. How does your unit conduct sustainment training for Detainee 0 here in Theater? How often does this occur and please describe it? When did your unit last conduct t is training? (1.1, 1.2, 1.4, 4.1) No standard.
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6. (For Permanent Internment Facilities only) Does your unit have a formal training program for the care and control of Detainees? Describe what it includes.-
(1.1, 1.2, 1.4) (FM 3-19.40, para 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— • Principles and laws of land warfare, specifically
provisions of Geneva and UN Conventions and HN laws and customs. • Supervisory and human relations techniques. • Methods of self-defense. • The use of force, the ROE, and the ROI. • Firearms qualification and familiarization. • Public relations, particularly CONUS operations. • First aid.
• Stress management techniques. • Facility regulations and SOPs. • Intelligence and counterintelligence techniques. • Cultural customs and habits of internees. • The basic language f d internees.
7. What Home Station/Mob Site Training did your unit conduct prior to deployment to help your unit prepare for Detainee Operations? Describe it. How did the training prepare you to conduct Detainee Operations for this deployment? How 1
I \ , u'::' did this training distinguish between the different categories of Detainees (EPWs,
a..\,..,irar...2RPs, Cls, etc.)? (1.1, 1.2, 1.4, 4.1) (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
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p hibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation,
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v , ective 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

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8. What are s# e of the basic operations of the collectio point/facility? Is there a copy of the Geneva Convention posted in the detainee's home language within these camps? Are camps segregating Detainees by nationality, language, rank, and sex? What provisions are in place for the receipt and distribution of Detainee correspondence/mail? Are personal hygiene items and needed clothing being supplied to the Detainees? Are the conditions within the camp sanitary enough to ensure a clean and healthy environment free from disease and epidemics? Is there an infirmary located within the camp? (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 3-4. AR 190-8 para 3-4.b ...females will be separated from males. AR 190-8, 1-5, g (1) EPW, and RP will enjoy latitude in the exercise of their religious practices, inc,Luding attendance at service of their faith, on condition that

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they comply with the disciplinary, routine prescribed by the military authorities. (2) Military chaplains
who fall into the hands of the U.S. and who remain or are retained to assist EPW, and RP, will be -
allowed to minister to EPW, RP, of the same religion Para 6-6, g: (1) Hygiene and sanitation
measures will conform to those prescribed in AR 40-5 and related regulations. (2) A detailed sanitary
order meeting the specific needs of each CI camp or branch camp will be published by the CI camp
commander. Copies will be reproduced in a language that the CI understands and will be posted in
each compound. (3) Each CI will be provided with sanitary supplies, service, and facilities necessary
for their personal cleanliness and sanitation. Separate sanitary facilities will be provided for each sex.
(4) All CI will have at their disposal, day and night, latrine facilities conforming to sanitary rules of the
Army.
What is the maximum capacity for this particular collection point/facility?
9.2What is the current Detainee population? What is your ratio of guards to detainees in the collection point/facility? 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 forward CPs The
number of MP teams needed to operate a forward CP is based on the number of captives expected and METT-TC. The projected number of captives is based on mission analysis and intelligence estimates conducted by the brigade Intelligence Officer (US Army) (S2). Division forward CPs are
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mobile; they can be set up, expanded, and relocated quickly as the tactical situation warrants. 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 policp or security personnel: Under maximum custody(a)
circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium cOstody 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
(b)
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
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What contro meas es are units using to maintain discipline and security in
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each collection point/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; Fraternizationpersonnel. Fraternization is defined as improper or
between EPW, RP and U.S. military or ci rmed Forces personnel and EPW/RP. Donating
intimate communications or actions between between persons in U.S. custody and u.S.
or receiving gifts or engaging in any commercial act'
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personnel. Setting up of courts by detainees. Disciplinary powers will not be delegated to or exercised by EPW/RP. Punishment will not be administered by EPW/RP.)
11. Describe how this unit is able to maintain the security and safeguarding of Detainees at this collection point/interment facility. Describe your security requirements. (VVhat are your clear zones)? How do your Guard Towers permit an unobstructed view of the clear zone and how do they allow for overlapping fields of fire? Describe your perimeter security. (1.1, 1.2, 1.8, 2.1) AR 190-8, paragraph 3-6, Measures need to maintain disciple and security will be established in each camp and rigidly
enforced. FM 3-19.40, paragraph 2-1, An MP battalion commander tasked with operating an I/R facility is also the facility commander. As such, he is responsible for the safety and well being of all personnel housed within the facility. Since an MP unit may be tasked to handle different categories if personnel (EPW, CI, OD refuges, and US military prisoner), the commander, the cadre, and support personnel must be aware of the requirements for each category.
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12. What MP units (guards, escort, detachments) do you have at your disposal to operate and maintain this collection point/facility? What non-MP units are you using to help operate this collection point/facility? (1.1, 1.2, 1.3, 2.1)
13. What is the number of personnel that is needed to move prisoners internally and externally, (i.e. for medical, evacuation, etc.)? (1.1, 1.7) FM 3-19.40, paragraphs 3-38 thru 3-39. . A brigade without an MP platoon in DS sets up and operates its own forward CPs
The number of MP teams needed to operate a forward CP is. based on the number of captives expected and METT-TC. The projected number of captives is tiased on mission analysis 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 transp.orted outside an ACS facility, by means of foot, motor vehicle, or aircraft (other than Al REVAC or U.S.
Marshals Service aircraft) are as follows:
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(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

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14. How are you organized to handle the different categories of personnel (EPW, CI, OD, and refuges)? How many female Detainees are housed here? How and where do you house them? How do you maintain separation from `the male population (during the day or during recreational activities)? What about other categories (juveniles, CI, RP, etc)? What about other categories (juveniles, CI, RP, etc)? Do you maintain a separate site for sick or wounded Detainees? If so where is it and how does your unit maintain the security and safeguarding of Detainees there? (1.1, 1.2, 1.3, 2.1, 3.1) FM 3-19.40, paragraph 2-1, An MP battalion commander
tasked witimperating an UR facility is also the facility commander. As such, he is responsible for the safety aied well-being of all personnel housed within the facility. Since an MP unit may be tasked to handle different categories if personnel (EPW, CI, OD refuges, and US military prisoner), the commander, the cadre, and support personnel must be aware of the requirements for each category. AR 190-8 para 3-4.b ...females will be separated from males. AR 190-8 para 3-4.i.(2) Every camp will have an infirmary
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1 5 Art gitCollection Point nly) How long are.you#431ding„,ptainees at the collection point? Is holding the detainees longer than the 12 hours (FWD CP) or 24 hours (Central CP) impacting on your units' ability to perform its mission? Why? (1.1, 1.2, 1.3, 2.1, 3.1, 4.1) FM 3-19.40, paragraph 3-39, The number of MP teams needed to operate a
forward CP is based on the number of captives expected and METT-TC Fm 3-19.40 paragraph 3-45 & 54 Captives should not remain at a forward CP more than 12/24 hours before being escorted to the central CP. ).
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16. What procedures are in place to account for and dispose of captured enemy supplies and equipment? (1.1, 1.2, 4.1) AR 190-8, para 2-1, a. (1) (b) (c), All equipment, -documents, and personal property confiscation during the search must be tagged and
administratively accounted for by the capturing unit. DD Form 2745, Part C is attached to the property confiscated from the Detainee, so that it may later be matched to that Detainee. AR 190-8, paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy supplies and equipment through theater logistics and EOD cha nels.)
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17. an you give some pxamples o ontraband? What are the procedures when you find contraband?? (ie.., Knives, Narcotics, weapons, currency) AR 190-8) an'd local SOP.
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18.2(Collection Point only ) What are the procedures for transporting and evacuating detainees? (1.1, 1.2, 1.5, 4.1) AR 190-8, paragraph 1-4g(5), (Commanders will establish guidance for the use, transport, and evacuation of detainees in logistical support channels .
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:
(a)
Trained correctional, military police or security personnel: Under maximum custody cir.cumstances, 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

19.2What are the procedures for the transfer of Detainees from the collection points to US Military controlled detention facilities? How is the transfer of Detainees handled between different services? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-11 (General. d.
Transfer within the territory of the detaining power will always be carried out humanely and in conditions no less favorable than those enjoyed by the troops of the detaining power during their movements. If EPW/RP are transferred on foot, only those who are fit to walk may be so transferred. The EPW/RP will not be exposed to excessive fatigue during transfer by foot. e. The sick, wounded, or infirm EPW and RP as well as maternity cases will be evacuated through U.S. military medical channels and will remain in medical channels until they are certified "fit for normal internment' by competent medical authorities.
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20.2What are the procedures for the transfer of custody of Detainees from the
collection points/internment facility to Military Intelligence/OGA personnel? When the
detainee is returned to the guard force, what procedures occur with the detainee?

(in processing, medical screening, suicide watch, observation report DD Form
2713?, etc) (1.1, 1.2, 4.1) FM 3-19.40 para 3-14. Property Accountability. *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.

21.Does this facility include Sally Ports? Describe the system in place. (1.8, 4.1)
22.What do you have in.place for communications (between guards/towers and the TOC/C2)? What problems do you have? (1.1,1.2, 1.5,1.8)

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23.2How do t e Detainees receive fresh water (E3ottled water or Lister bag)?
(1.1, 1.2,1.8) AR 190-8, paragraph 3-4 f(3) Sufficient drinking water will be supplies to EPW/RP.
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24.2How are Detainee complaints and requests to the ittternmeRt facility commander processed? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-16 (EPW and RP have the right to make complaints and requests to camp commanders and the ICRC/protecting powers regarding the conditions of their internment. EPW and RP may not be punished for making complaints, even if those complaints later prove unfounded. Complaints will be received in confidence, as they might endanger the safety of other detainees. Appropriate action, including segregation, will be taken to protect detainees when necessary. This policy also applies to persons who are confined pending trial or as a result of a trial. b. EPW and RP may take complaints or requests to the camp commander. c . Persons exercising the right to complain to the ICRC or protecting power about their treatment and camp may do so: By mail. ( 2 ) In person to the visiting representatives of the ICRC or protecting power. (3) Through their detainee representative. d. Written complaints to the protecting power will be forwarded promptly through HQDA, ODCSOPS (DAMO-ODL) NPWIC. A separate letter with the camp cornmander's comments will be included. Military endorsements will not be placed on a detainee's communication. e. If an ICRC/protecting power communicates directly with an EPW/CI camp commander about any matter requiring an answer, the communication and commander's reply will be forwarded to HQDA, ODCSOPS (DAMO­ODL) NPWIC, for proper action. Any act or allegation of inhumane treatment will be investigated and, if substantiated, reported to HQDA as a Serious Incident Report (SIR) per AR 190-40. Once completed, a copy of the SIR accompanies the prisoner to the EPW/CI camp, and a copy is furnished
to the monitoring Branch PWIC. All available pertinent information that the EPW or RP is willing to
give, will be entered on the form.)

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25. What safety programs/policies are currently being used in the internment facilities? (/./, . ,2AR 190-8, paragraph 3-17 (A safety program for EPW and RP ill be set up and administered in each ., , camp. Army regulations, circulars, and pamphlets in the 385-series may be used as guides for establishine . i EPW and RP safety program. Accident injury forms used in the EPW and RP safety programs will be . - eared , administered , and maintained separately from those prepared for other persons included un e : the Army Safety Program.) AR 190-8 para 3-
17(a) A safety program for EPW/RP will be setup and a II istered in each camp. AR 190-8 para 3-17(a) A safety program for CI will established and administeres .t.W AR 385-10.
26. What personal elluipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc.)? (1.5)
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What transportation problems is the unit experiencing either to move troops- or detainees during the operation? (1.5)

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What problems, if any, do you feel the unit has regarding manning or .

personnel resourcing conduicting DAetqntion Operatiorks? (/.7)
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29. Do you know of the procedur to get stress counseling (Psychiatrist, Chaplain, Medical)? (1.1,1.2,1. , 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, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment
a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ).

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30.Are ou 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, or an Inspector General.) AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident.
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31.Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.1, 1.2, 1.6, 4.1) (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. 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.)
32.What procedures do you have to report suspected detainee abuse (IG, CID, Next
(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 concem 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
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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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33.What procedures are in place for detainees to report alleged abuse? (1.1, 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. 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 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 representatives of the protecting power. (3) Through their Internee Committee. c. Written complaints to the protecting power will be forwarded promptly through HQDA (DAMO - ODL) NPWIC, WASH DC 20310-0400. A -separate letter with the comments of th'e camp commander will be included. Military endorsements will not be placed on any CI comrnunications. 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 1902will be used.
34. What do you perceive as the mission of your unit? Describe the importance of your role in that mission. (Insight to the Soldier's understanding and attitude concerning
unit mission and their role) AR 600-20 Command Policy 2-1. Chain of Command a. The chain of command assists commanders at all levels to achieve their primary function of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct
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chain of command facilitates the transmittal of orders from the highest to the lowest levels in a 2-
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.

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35. Describe your working environment and living conditions since being in Theater.
(Identify physical and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4, 1.5, 1.6, 1.7) FM
10-1, Ch. 7, para. 3, 'Tactical Vision. A primary QMC focus at.the tactical level will continue to be on
sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art
field kitchen. This provides a limited capability to prepare or heat meals and supplements. An
improved containerized capability for providing responsive laundry and shower support well forward
on the battlefield must be developed. Frontline soldiers require brief respites from the rigors

associated with combat. A facility complex (Force Provider) will be available in which they can
shower, clean their clothes, eat hot meals, and rest in an environmentally controlled shelter.

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36. 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 I adership
climate of the unit and developing disciplined and cohesive units. This sets the paramet rs 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, ork logether to accomplis the mission rather than feed their self-int est., . , n

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37. Please provide by show of hands if you aware of any incidences of detainee ortl
other abuse in your unit? (Those that raise their hands, need to be noted and interviewed go 40

individually afterwards using the ABUSE QUESTIONAIRE) AR 190-8, 1-5. General, protection ;"--
policy a. U.S. policy, relative to the treatment of EPyi hand RP in the custody of the U.S. Armed

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DOD-037795
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 treatrnent from the moment they fall into the hands of 2
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 adrninistered PAW 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. Govemment 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.
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DOD-037796

Doc_nid: 
3987
Doc_type_num: 
80