DOD Questionnaire: Questions for Soldiers on Detainee Treatment and Rules of Engagement

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1. (ALL) How did you prepare yourself and your junior leaders to become familiar with and understand the applicable regulations, OPORD/FRAGOs
directives, international laws and administrative procedures to operate a unitCollection Point?
(1.1, 1.2, 1.4, 1.6, 4.1) (FM 3-19.40,•paragraph 2-2, Commanders are familiar with applicable regulation, d• ec •ves, in rnational laws, and administrative •rocedures.)
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(ALL) Did you and all of your Soldiers undergo Law of War training prior to deployment? Explain what training occurred. Did this training include the treatment of Detainees? Is there a plan to train new Soldiers (replacements) to
the unit? Explain.
(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 1­5(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.) ,Luca'k:• g__A•: -413:z&el:i diva 7',
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(ALL) 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 did this training distinguish between the different categories of Detainees
(EPWs, RPs, Cls, etc.)?
(1.1, 1.2, 1.3, 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 4-14 c (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
1
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. Dep :
tints shall providedirectives, publications, instructions, and training so that the principles arrapiruleS of law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each i dividual's duties and responsibilities.)
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4. (ALL) What training did you 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)
(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 .e een .S. Armed Forces personnel and EWP/RP)
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5.
(ALL) Describe the training you received at the last Professional Military
Education on handling/processing Detainees. How was it helpful in preparing
you for Detainee Operations? How would you improve the training at the

schoolhouse? (1.1, 1.4)
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(ALL) Describe the training the guard force received to prepare them for their duties. How do you ensure your guards understand their orders?
(1.1, 1.2, 1.4,
1.6, 4.1)
(FM 3-19.40, para 2-49) FM 3-19.40 , paragraph 2-23, The force has a commander of the guard, one or more sergeants of the guard, a relief commander for each shift, and necessary number of guards. There are two types of orders for guards: General orders. All guards are required to know, understand, and comply with the general orders outlined for sentinels in FM 22-
6. Special orders. They apply to particular posts and duties. Special orders supplement general
orders and are est: hea d by the commanders.
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7. (ALL) How does your unit conduct sustainment training for Detainee
Operations? How often does this occur and please describe it? When did your unit last conduct this training? (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 4-14 c (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 againt all acts of violence to include public curiosity.) (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."
8. (CDR/1SG) What are your policies on the establishment of a unit holding
area? How do you ensure that these areas operate JAW Law of War?

(1.1, 1.2,

4.1)
(AR 190-8, paragraph 3-2, Internment facilities will be established in the communications zone of each theater of operations for the purpose of receiving, accounting for, administering, and logistically supporting DO. The operation of all EPW internment facilities is governed. The Theater commander remains responsible for the location of EPW facilities; detainees may be interned only in premises located on land and affording proper health and hygiene standards. Except in extreme circumstances, in the best interests of the individual, detainees will not be interned in correctional facilities housing military 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. Transit camps or collecting points will
receive the same treatment as in permanent detainee camps. The internment facility.will be
marked with the letters 'PW' (Prisoner of War camp) and will be placed so they will be clearly
visible from the air during the daytime. Other markings may be used when agreed to by the

combatant commanders and approved by HQDA.) (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 350-1 para 4-14 c (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.)

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9. . (PUPS) What is the units' policy on the establishment of a unit holding area'?
How do you know that you are operating the holding areas JAW Law ofWar? ?

(1.1, 1.2, 4.1)
(AR 190-8, paragraph 3-2, Internment facilities will be established in the
communications zone of each theater of operations for the purpose of receiving, accounting for,
administering, and logistically supporting DO. The operation of all EPW internment facilities is
governed. The Theater commander remains responsible for the location of EPW facilities;
detainees may be interned only in premises located on land and affording proper health and
hygiene standards. Except in extreme circumstances, in the best interests of the individual,
detainees will not be interned in correctional facilities housing military 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. Transit

camps or collecting points will receive the same treatment as in permanent detainee camps. The
internment facility will be marked with the. letters 'PW' (Prisoner of War camp) and will be placed
so they will be clearly visible from the air during the daytime. Other markings may be used when
agreed to by the combatant commanders and approved by HQDA.) AR 350-1 para 4-14 c (2) and
table G-1 Refrether 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 allacts of violence toinclude public cu:.)
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10. (ALL) How do you administratively process each detainee, (i.e., tagging pax
and equipment, evidence, witness statements, etc.)? (1.1, 1.2, 1.6) (FM 3-
19.40, paragraph 2-3, The commander is responsible for the administrative processing of each

internee. When processing is complete, he submits a DA Form 2674-R to the servicing
internment/resettlement information center (IRIC), which function asthe field operations agency
for the national IRIC located in CONUS: ) (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 thatpetairee.)

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11. (ALL) How do you maintain good morale and discipline with Soldiers and leaders to enhance the security of the unit collection point? (1.1, 1.2, 1.6) (AR 600-20 para 4-1, Military discipline a. Military discipline is founded upon self-discipline, respect for
properly constituted authority, and the embracing of the professional Army ethic with its supporting individual values. Military discipline will be developed by individual and group training to create a mental attitude resulting in proper conduct and prompt obedience to lawful military authority. b. While-military discipline is the result of effective training, it is affected by every • feature of military life. It is manifested in individuals and units by cohesion, bonding, and a spirit of teamwork; by smartness of appearance and action; by cleanliness and maintenance of dress,
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equipment, and quarters; by deference to seniors and mutual respect between senior and subordinate personnel; by the prompt and willing execution of both the letter and the spirit of the legal orders of their lawful commanders; and by fairness, justice, and equity for all soldiers, regardless of race, religion, color, gender, and national origin. c. Commanders and other leaders will maintain discipline according to the policies of this chapter, applicable laws and regulations, and the orders of seniors.)
12. (ALL) What procedures do you have in place to ensure Soldiers and leaders
•understand the use of force and rules of engagement for the unit collection point? (ROE Card, sustainment tng, etc) (1.1, 1.2, 1.4, 1.6, 4.1) (FM 3-19.40, paragraph 2­29, 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.)

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13. (ALL) What procedures are in place to dispose of captured contraband (enemy supplies and equipment)? (1.1, 1.2, 4.1) (AR 190-8, paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy supplies and equipment through
theater logistics and EOD channel:) 0

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14.(CDRIISG) What policies/procedures do you have in place to ensure that all Detainees are protected, safeguarded, and accounted for (5Ss & T)? What policies/procedures does your unit have to ensure the humane treatment of • Detainees? (1.1, 1.2, 4..1) (AR 190-8, paragraph 2-1a(1), (The commanding officer of the
capturing unit will ensure that all Detainees are protected, safeguarded, and accounted for IAW AR 190-8. This regulation applies from the time of capture until evacuation to designated internment facilities.) 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
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DA IG
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.)
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15. (ALL) What are your procedures for questioning Detainees? (Is interrogation taking place?) Who is interrogating the detainees? (1.1, 1.2, 4.1) AR 190-8, paragraph 2-1d, (The use of physical or mental torture or any coercion to compel
prisoners to provide information is prohibited. Detainees may voluntarily cooperate with PSYOP personnel in the development, evaluation, or dissemination of PSYOP messages or products. Detainees may not be threatened, insulted, or exposed to unpleasant or disparate treatment of any kind because of their refusal to answer questions. Intelligence or counterintelligence personnel will normally perform Interrogations.)
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16. (ALL) What are your procedures to evacuate a detainee from the point of capture to the Battalion/Brigade collection point? What transportation problems is the unit experiencing either to move troops or detainees during the operation? How do you process detainees too sickor wounded to be evacuated? (1.1, 1.2, 1.3, 1.5, 4.1) AR 190-8, paragraph 2-1(1) e, (Detainees will be humanely evacuated from the
combat zone and into appropriate channels as quickly as possible. Instructions given to detainees during evacuation from the combat zone will be, if possible, in their own language and as brief as possible. When military necessity requires delay in evacuation beyond a reasonable period of time, health and comfort items will be issued, such as food, potable water, appropriate clothing shelter, and medical attention. Detainees will not be unnecessarily exposed to danger while awaiting evacuation. The capturing unit may keep detainees in the combat zone in cases where, due to wounds or sickness, prompt evacuation would be more dangerous to their survival than retention in the combat zone.) AR 190-8, paragraph 1-4g(5), (Commanders will establish guidance for the use, transport, an vacuation of detainees in logistical support channels.)
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17. What is the number of personnel that is needed to move prisoners within the holding area and then to higher? (i.e. for medical sick call, evacuation, etc.)? (1.1, 1.7, 2.1, 3.1) FM 3-19.40, para 4-34, A transfer may be a result of reclassification or another situation requiring the movement of an EPW. Transfer an EPW from one facility to
another under conditions that are comparable to those for a member of the US armed forces when possible. Security measures are determined by MP and are influenced by the type of EPW being transferred, the mode of transportation used, and other pertinent conditions. AR 190-47, 11-3.b.(4), Guard requirements for prisoners being transported outside an ACS facility, by means
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are as of foot, motor vehicle, or aircraft (other than AIREVAC or U.S. MarshalUnder ce aircraft) custody
s Servimaximum
(a) Trained correctional, military police or security personnel:
follows:
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
(b) Non-
prisoners. Trustee guards will be determined by the ACS facility commander.
be a SGT or above who is equal or
-
correctional personnel: It is required that at least one guard prisoners will senior to prisoners in a pretrial status. Under maximum custody circumstances, have one guard have two guards per prisoner. In medium custody circumstances, prisoners will
in minimum custody circumstances there will be one guard per fiveper two prisoners, and
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18. (ALL) What medical personnel are available to support DO?
AR 190-8, paragraph 1-4g(6) a-e, (Commanders will identify the requirements

2.1, 3.1, 4.1)
and allocations for Army Medical units ISO the EPW, CI and RP program, and ensure that the
medical annex of OPLANS, OPORDs and contingency plans include procedures for treatment of
Detainees; Medical support will specifically include: First aid and all sanitary aspects of food
service including provisions for potable water, pest management, and entomological support,

preventive medicine, professional medical services and medical supply; reviewing,
trained EPW, CI, RP, and recommending, and coordinating the use and assignmentof medically
iation of EPW, CI, and
OD personnel and medical material; establishing policy for medical repatr
RP and monitoring the fictions o the mi 1d Medical com ission.)

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What procedures are in place when a detainee in U S custody dies?

19. (ALL)
AR 190-8, paragraph 3-3a (20): Report allegations of criminal acts or war crimes
(1.1, 1.2, 4. 1)
committed by or against EPW/RP to the supporting element of the U.S. Army Criminal
Investigation Command (USACIDC). Deaths resulting from other than natural causes will be

the attending
investigated by USACIDC. Para 3-10 c: When an EPW or RP in US custody dies, wi medical officer furnish the camp (or hospital) commander or other officer chargedwith 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 2669-R (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
made out to this regulation. This form is for the use of Army only. Enough copies of form will be
ion center
provide distribution as follows: (1) Original-information center. (2) Copy-informat (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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What equipment is the unit experiencing as a shortfall concerning
20. (ALL) (i.e., restraints, uniforms, CIF items, radios, weapons,
detainee operations,
and if so are you s reporting them etc.)? (CDR) Are any of these USR shortages
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(ALL) What types of supplies is greater in-demand for the unit during
21.
detainee operations? What about health and comfort items? And are these items
regularly filled? (1.5

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What duties put the most stress on soldiers in terms of personnel
22. (ALL)
•:resources? (1.1, 1.7) .
(ALL) What is the most important factor that you would address in terms of
23.
personnel res• urce in r- • aids to a successful detainee peration? (1.7),
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24.(ALL) What AARs or lessons learned have you written or received regarding
detainee operations? Can I get a copy? (preferably on disk) (2.1, 2.2)
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25. 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, CI, RP is prohibited and is not justified by
the stressof combat or with deep provocation. Inhumane treatment is a serious and punishable .violation under international law and the Uniform ode of Military Justice (UCMJ).
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26. 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, or an Inspector General.) AR 190-40, Appendix B, Category
b. War
1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following:
.
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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27. Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompgnying 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
b. War crimes, including mistreatment of enemy
or alleged incidents involving the following:
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,
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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
by these minimum force necessary to effect compliance with measures authorized
r di irrectedson,
per their
:for othe
regulations. (2) In all circumstances, the CI will be treated with respect 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 i.s u tions in AR 190-40 will be us d.) . c.-aega2-4-
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28.What steps would you take if a subordinate reported to you an incident of
(AR 190-40, Appendix B, Category 1

alleged Detainee abuse? (1.2, 1.6, 4.1) b. War Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: cricui mistreatment of enemy prisoners of war, violations of the Geneva Conventions,
antes, in is Anym
other incident the commander determines to be of immediate concern to d atrocitilesd. ngB-2.
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
to a it
violence or threats and insults and public curiosity. In all official cases they will be entitledagainstand regular trial as prescribed by this regulation. (3) The Cl will be especially protected
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,
er
t
or age. AR 190-8, para 6-9, e. Any act or allegaion of inhumane treatment or oth violtions of
a Serious
ODL), WASH DC 20310-0400 asthis regulation will be reported to HQDA (DAMO­
uctions in AR 190-4 pill be used.)
Incident Report. Reporting instra
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29.Do you feel you can freely report an incident of alleged Detainee abuse
(AR 190-40, Appendix B,
outside Command channels (IG, CID) (1.1, 12, 1.6, 4.1)
Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: • War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva
b.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
Appendix C. Category 2, Reportable Serious
AR 190-40, pp
potential consequences of the incident. :the following: g. Incidents involving prisoners
Incidents, C-1. Actual or alleged incidents involving

or detainees of Army confinement or correctional facilities to include escape from confinement or
to a prisoner,or serious injury
:
custody, disturbances which require the use of force, wounding

and all prisoner deaths. C-2. Any other incident that the commander determinties to be of concern to HQDA baseCI on the nature, gravity, potential for adverse publicity, or potenal consequences
e, a. Treatment. (1) No of the incident. AR 190-8, l protection policy—civilian internehi
5-1. Genera
form of physical torture or moral coercion will be exercised against the Cl. Ts provision does not
ary to effect compliance with
constitute 'a prohibition against the use of minimum force necess ci

measures authorized or directed by these regulations. (2) In all rcumstances, the Cl will be 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
treated
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
form of indecent assault. 4) The
for
race,any kind, sexual attack such as rape, forced prostitution, or anyerse distinction based on
Cl will be treated with the same consideration and without ad Any act or allegation of inhumane
:
ASH DC
religion, political opinion, sex, or age. AR 190-8, para 6-9, e. DAMO-ODL), W
treatment or other violations of this regulation will be reported to HQDA (
20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)

(IG, CID,
30.What procedures do you have to report suspected detainee abuse
(AR 190-40, Appendix B, Category 1
(1.1, 1.2, 1.6, 4.1)
Next Level Commander)
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 Conventionsno
f immediate concer t
: and atrocities. B-2. Any other incident the commander determines to be of
p
HQDA based on the nature, gravity, potentiaverse ublicity, or potential consequences of
l for ad:
the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or

Incidents involving prisoners or detainees of Army
alleged incidents involving the following: g. escape from confinement or custody, disturbances

prisoner deaths.
confinement or correctional facilities to include injury to a prisoner, nor :
:serious e
which require the use of force, wounding or ermines to be of concern to HQDA based on th
:
C-2. Any other incident that the commander det
nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-
—civilian internee, a. Treatment. (1) No form of physical torture General protection policy
:
against the use of minimum force necessary to effect compliance with measures authorized or

8,or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition
act for their
directed by these regulations. (2) In all circumstances, the Cl will be treated with resp

family righs, their religious convictions and practices, and their manners ersoeir hor,:their t ll be humanely treated and protected against all acts of
pand cu, th
times the Cl wi
ms. Atnoall
1459
:
11 f1AtIt
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, pare 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.)
31.What systems 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) 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 of officers. Appeals will be decided only on the grounds of the onexistence of imperative security reasons requiring the internment of the protected person. 6–
Appeals. The Cl :existence or
delay by a board: CI will be elected by secret n
At each camp and branch camp,
Election.
4. Internee Committee a.
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

(c) The presentation and transmittal of
Duties. (3)
organizations and U.S. military authorities. e.
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
are not satisfied with the way the commander handles a complaint answer the requests. If the Cl
or request, they may submit it in writing, through channels, to HQDA, ODCSOPS (DAMO - ODL)
exercising the right to complain to the protecting
b..Persons
NPW IC, WASH DC 20310-0400.
abouttheir treatment and camp may do so—(1) By mail. (2) In person to the visiting
e Committee. c. Written power :ower. (3) Through their Interne
rotecting po
representatives of the p
to the protecting power will be forwarded promptly through HQDA (DAMO - ODL)
rate letter with the comments of the camp commander
I C, d. If a
NPW IC, WASH DC 20310-04:

will be included. Military endorsements will not be placed on any CI communications.
otter requiring an
:
DAMO-ODL)
protecting power communicates with a CI camp commander about any m
be forwarded to HQDA (
answer, the communication and commander's reply Any

NPW IC, WASH DC 20310-0400, for proper action. e. ny 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.
Co C son.
c-': fa-
at do you perceive as the mission of your unit? Describe the importance
XWh (Insight to the Soldier's understanding and attitude
1460 of your role in that mission. AR 600-20 Command Policy 2-1. Chain of Command

cerning unit mission and their role)
The chain of command assists commanders at all levels to achieve their primary function of

co
nt
a.
i'1 no
accomplishing the unit's assigned mission while caring for personnel and property in their charge. command facilitates the transmittal of orders from the highest to the -
cha: b. Commanders
A simple and direct chain of i

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.

33. Describe your working environment and living conditions since being in
e). (1.2, 1.3, 1.4,(Identify physical and psychological impact on Soldier's attitud the tactical level
Theater.
1.5, 1.6, 1.7) FM'10-1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at have two cooks
• will continue to be on sustainment of the soldier. Each company-sized unit will and a sall, state-of-the-art field kitchen. This provides a limited
capability for providing responsive laundry
and shower support well forward on the battlefield must be developed. Frontline soldiers require
rce Provider) will be
associated with combat. A facility complex (Forest
brief respites from the rigors :in an
available in which they can shower, clean thei lothes, eat hot eals and
AL(444.e--i
-co% 311):eti
ter.:
environmentally controlled shell
34. Describe the unit command climate and Soldier morale. Has it changed or
tehe
(Identifies Soldier's perception of
evolved since you have been in Theater? orted? Do old

tSirs feel chain of command and Soldier attitude. Does the Soldier feel supp
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
te a positive environment. If leaders show loyalty to their soldiers,professional Army ethic promo
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
duty accomplish tasks gien them, seize opportunities for self-imProvement, and accept
v
sense of Soldiers, leader and led alike, work together to accomplish the
responsibility from their superiors.
mission rather than f ed their self-interest..

9-tzt/3
1461
13
DA IG
Are you aware of any incidences of detainee or other abuse in your unit? AR
35. ­
190-8, 1-5. General protection policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will.be provided with the protections of the GPW until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of
having, committed serious offenses will be administered lAW 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
. treatment is a serious andjustified by the stress of combat or with deep provocation. Inhumane
b.
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. c. All persons
will be respected as human beings. They will be protected against all acts. of violence to include
rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of
any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive.
EPW/RP are to be protected from all threats or acts of violence. d. Photographing, filming, and
video taping of individual EPW, CI and RP for other than internal Internment Facility
administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide
area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the
senior Military Police officer in the Internment Facility commander's chain of command. e. A
neutral state or an international humanitarian organization, such as the ICRC, may be designated
by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are
receiving humane treatment as required by the Geneva Conventions. The text of the Geneva
Convention, its annexes, and any special agreements, will be posted in each camp in the
language of the EPW, CIand RP.
at, gete+-1^,s2, -.44-0
A/Ar..44424me-04 -7
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)
1462 •
14
11A Ir.
DOD-018533
(grade, if any, and name), a member of the (DAIG). I am part of I amt
a team inspecting detainee operations, this is not a criminal investigation. l­am reading you your rights because of a statement you made causes me to
(specify suspect that you may have committed t
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 roceedinduring thist•
interview. You have the right to military legal consel 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 the
op
during this interview. If you decide to answer questions, you may st
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
36.
incident(s) of abuse. (No applicable standard)
o and after these Describe Soldier morale, feelings and emotional state prior t
de, stress ,
37.
(Identifies unit and Soldier morale, atmosphere, mood, attitu
incidents?
retaliation, preemption, family crisis)
h
Was this incident reported to the chain of command? How, wen & what was
re, timeliness,38. (Identifies compliance, procedu
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
to be ofthe following: b.
Geneva Conventions, and atrocities. B-2. Any other incident the commander determines o immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, r
abl Serious
Reporte
potential consequences of the incident. AR 190-40, Appendix C Category 2, prisoners
Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involvingfinement or
or detainees of Army confinement or correctional facilities to include escape from conprisoner ,
custody, disturbances which require the use of force, wounding

des2. Any other incident that the commander determines to be of concern
and all pris nature, gravity, potential for adverse publicity, or potential consequences

ased on the . G-a. Treatm ent. (1) No
to HQDA boner —civilian nterCl ,
of the incident. AR 190-8, 5-1. General protection policy nee This provis ion does not
ainstithe .
form of physical torture or moral coercion will be exercised ag
1463
15t

DA IG
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 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.)
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard) :
39. 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 [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. ):
1464
16
A A 11.2
sess? (Identifies
to relieve tr
40. What measures are in place to boost morale or s Behaviors. The
conduc t Stres
FM 22-51, para 11-5. Prevention of Mis
perceived solution.) g
measures which reduce battle fatigue and prevent battle fatiue casualties should also help
er, additional actions also need to reduce the incidence of misconduct stress behaviors. Howev
22-practiced consistently by leadership at all echelons and by buddies at the small unit level. FM be
it) leaders. The
ect (small uninvolvement from dir
51, para 1-3, Stress control requires special their staffs (both officers and
eaders and
responsibility extends up through the organizational l
noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk
nd inividual soldiers all factors and prescribes leaders' actions to control them. Leaders, staffs, a d 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
it is the responsibility of the other
k
control units). If any link in the chain of responsibility is weaStress Control.
, Responsibility For
b.
members of the chain to strengthen it. FM 8-51, para 1-1,
Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The

ty by the noncommissioned officer (NCO) chain of support; commander is aided in this responsibili
the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized
Army CSC units and mental health personnel.
ee and
41. What measures could the command enact to improve the
FMmoral

(Identifies peeived solution.)
-" command climate of your unit?
and Command at Senior Levels, 21 Jun 1987, p. 6, Leadership. The process of influencing accomplish the mission by providing purpose, direction, and motivation." AR 600-100, others to
Army Leadership, 17 Sep 1993, p. 8, 1987- "Senior-level leadership is the art of direct andsuccess to
ision organizationalindirect influence and the skill of creating the conditions for sustained st be done,
of what mu:
:
achieve the desired result. But, above all, it is the art of taking a v communicating it in a way that the intent is clearly understood, and then being tough enough to
ensure its execution."
1465
1 '7 rie lel