This Army Questionnaire is part of a larger sensing operation to understand the training and preparation of soldiers in the field in dealing with detainees.
INTERROGATOR OIC/NCOIC
Rank CZ, Branch ziA3--- -Date: -2.-4 .'30 iA--1
Duty Position OAA1- How Long in Job ig¦c
Interviewer How Long in Country IC.
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1. What references/standar s/publications/SOPs do you use to conduct interrogation
Operations? (1.1, 1.2, 2.1, 4.1) AR 190-8, DoD Directive 5100.77, 1949 Geneva Convention, FM
34-52 Intelligence Interrogation, FM 3-19.40, These are the primary source for standards and doctrine
concerning Detainee 0 erations).
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2. How does the command ensure that interrogation Operations is onducted in
compli ith the international La ORD/FRAGO, Interrogation
general orders, , etc) (1.1, 1.2, 1.6, 4.1) AR 190-8,
paragraph 1-4g. (Combatant Commanders, -as Force Commanders, and joint Task Force Commander
have the overall responsibility for the EPW, CI, and RP program, operations, and contingency plans in the
theater of operation involved to ensure compliance with international law of war. DoD Directive 2310.1
provides that persons captured or detained by the U S Military services shall normally be handed over for
safekeeping to U S Army Military Police, or to detainee collecting points or other holding facilities and
installations operated by U S Military Police as soon as practical.) ROE from CJCS ISO Iraqi operations
dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of
armed conflict and with these ROE."
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3. Did you and your soldiers undergo Level B Law of War training prior to deployment? Explain what training occurred. Is there a plan to train new Soldiers (replacements) to the unit? Did this training include the treatment of Detainees? Explain. (1.1, 1.2, 1.4, 1.6, 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 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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4. What Home Station/Mob Site Training did you and your soldiers receive prior to deployment to help your unit prepare for Detainee/interrogation Operations? Describe it. How did the training prepare you to conduct Detainee/interrogation Operations for this deployment? How did this training distinguish between the different categories of Detainees (EPWs, RPs, Cls, etc.)? (1.1, 1.2, 1.4, 4.1) DoDD 2310.1 (The U.S. Military
Services shall be given the necessary training to ensure they have knowledge of their obligations under
the Geneva Conventions (references (b) through (e)) and as required by DoD Directive 5100.77
(reference (f)) before an assignment to a foreign area where capture or detention of enemy personnel is
possible.) (AR 350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive 5100.77), All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial by proPer authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and training so that the principles and rules of law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual's duties and responsibilities.)
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5. 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) (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 pare10 (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 c,ornmunications or actions between U.S. Armed Forces personnel and EWP/RP.
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6. What procedures are in place to ensure your Soldiers do not violate the rules of engagement for the interment facility/collection point? (1.1, 1.2, 1.4, 1.6, 4.1) FM 3-19.40, paragraph 2-29, An MP commander ensures that soldiers understand use-of-force guidelines and the ROE established by higher headquarters for each mission. Because the use of force and ROE vary depending on the category of housed personnel and the operational environment, the commander develops SOPs that follow the guidance provided. He balances the physical security of force with mission accomplishment and the protection of deployed forces. ROE from CJCS ISO Iraqi operations-
dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict an with these ROE."
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7. What guidance or policies are there to ensure fraternization is not taking place between U.S military personnel and the detainees? (1.1, 1.2, 1.4,1.6, 4.1) AR .190-8, paragraph 3-6 a, The following acts will not be permitted: (1) Fraternization between EPW, RP and U.S.
military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EWP/RP.
8. What training have you and your subordinates received to ensure your knowledge of
DO is IAW the provisions under the Geneva Convention? (1.1, 1.2, 1.3, 4.1) DoDD 2310.1
para 3-3.2 (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 Uniform Code of Military
Justice (UCMJ). All prisoners will receive humane treatment without regard to race, nationality, religion,
political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal
punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution
without trial by proper authority, and all cruel and degrading treatment. All persons will be respected as
human beings. They will be protected against all acts of violence to include rape, forced prostitution,
assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be
subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from
all threats or acts of violence.)
9. Wkil at is the 01C/NCOICs'overall role in detainee operation process? What involvement do the 01C/NCOICs have in the interrogation process of detainee operations? Do the 01C/NCOICs provide a means to validate detainee's information? Do the 01C/NCOICs provide input as to the disposition of the detainee? (1.1, 1.2, 1.6, 4.1) (FM 34-52 page 2-12 Battalion S2 Controls Interrogation employed for temporary period at battalion
level receives PIR, IR, and SIR from the supported battalion S2. This will ensure interrogators are fully oriented to the battalion's collection mission. In other instances, interrogators may be placed at brigade in an "on call" status, from which they can proceed to any of the subordinate battalions as circumstances warrant. Upon completion of a low-level, immediate-type interrogation, they can return to brigade and again become available for immediate employment. Commanders and S2s below brigade level who are unable to obtain interrogation support from higher echelons should include provisions in unit and staff standing operating procedures (SOPs) for the "tactical questioning" (not interrogation) of EPWs or detainees. They should identify assigned personnel for language capability. Interrogation personnel should provide training in the area of tactical questioning to designated S2 personnel. The potential for abuse of the EPW is greatest at the initial capture and tactical ,questioning phase. With the excitement and stress of the battlefield, it may become easy for unskilled personnel to resort to illegal techniques to elicit critical information. Instruction must stress the importance of the proper treatment of EPWs. Emphasize that the abuse of an EPW at the initial stage of contact often renders future interrogation futile. If you are engaged in, or supervising the tactical questioning of EPWs, you are responsible for
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ensuring that EPWs are treated in accordance with the requirement of international and US law. An_y
tactical queAtionin conducted must be in response to the supported commander's PIR.)
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10.Where are your screening sites located (where detainees are interrogated and screened)? Are these facilities adequate for your needs? Do you have enough interrogators for your operation needs? What are your personnel shortfalls?(/./, 1.2, 1.7, 1.8) Local SOPs (FM 34-52 Intelligence Interrogation, page 2-9 At brigade level, EPWs can be
detained in open fields, courtyards, gardens, jungle clearings, or similar sites if they are hidden from
enemy observation. If necessary, these areas can be enclosed with barbed wire far more efficient EPW
handling. Because EPWs seldom remain at a forward collecting point for more than a few hours, EPWs
are not usually kept in a building or other shelter. Interrogation facilities at battalion and brigade are kept to a minimum. 2-10 Compared to brigade facilities, division interrogator facilities are expanded. When
practicable, interrogations at division should be conducted in improvised interrogation rooms in buildings adjacent to the division collecting point. If possible, separate rooms should be available to permit several interrogations at once. 2-22) The EAC interrogation facility will normally be designated as the Theater Interrogation Facility (TIF). A TIF is staffed by US Army interrogators and analysts, with support from Air Force, Navy, Marine Corps, and other US national agencies as required. In a multinational operation, a combined interrogation facility (CIF) may be established with allied interrogation augmentation.)
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11.What is the procedure on how to identify a deinee who may have intelligence information? Who performs this procedure? Are MPs involved in the decision-making? Are PIRs used as a basis for the identification of detainees of interest, personality lists used, etc? (1.1, 1.2, 2.1) (FM 34-52 Intelligence Interrogation, page 3-2) If time permits, screeners
should question holding area personnel about the EPWs and detainees. Since these personnel are in almost constant contact with the EPWs and detainees, their descriptions of specific ones can help identify sources who might answer the supported commander's PIR and IR. Screeners should identify and note those EPWs and detainees whose appearance and behavior indicate they are willing to cooperate immediately or are unlikely to cooperate ever, Unless time is critically short, screeners should—personally observe the EPWs and detainees. Pay attention to rank and branch of service insignias, and condition of uniform and equipment. Carefully observe the behavior demonstrated by other EPWs and detainees. Look for things like attempts to talk to the guards, intentional placement in the wrong segregation group, or any overt signs of nervousness, anxiety. Or fright. Note any EPWs and detainees whose appearance or behavior indicates willingness to talk.)
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12. Have you personally observed the interrogation operations at this Facility to determine if your unit has the necessary support and supplies to run the facilities? If so, what did you find? (1.1, 1.2, 1.5, 4.1) AR 190-8, paragraph 1-4g(2), (Commanders iNill plan and
procure logistical support to include: transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail collection and distribution, laundry, and bath for DO. (FM 3-19.40,
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para 7-101, Supply functions in a confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment froin falling into the hands of prisoners.)
13.What control measures are you using to maintain discipline and security within the
interrogation facility? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-6 (Measures needed to maintain
discipline and security will be established in each camp/collection point and rigidly enforced. The camp commander will maintain records of disciplinary punishments. These records will be open to inspection by the protecting power. The following acts will not be permitted; Fraternization betvveen EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EPW/RP. Donating or receiving gifts or engaging in any . commercial activity between persons in U.S. custody and U.S. personnel. Setting up of courts by detainees. Disciplinary powers will not be delegated to or exercised by EPW/RP. Punishment will not be
administer,V by EPW/R,P.)
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14. How many people are authorized to be present in the room when interrogating/
screening a detainee? Under what circumstances are you required and authorized to
have more people? (1.7) (no standard)
15.Are the personal effects of a detainee released to the interrogator or is the interrogator allowed to examine the items? (DOCUMENT HANDLING) (1.1, 1.2) (FM 34-52 Intelligence Interrogation, page 4-4 The accountability phase begins at the time the document is captured.
Original documents must not be marked, altered, or defaced in any way. Documents must be clearly tagged. The capturing unit attaches a capture document tag (DA Form 5976, Part CNOTE: Different tag. AR 190-8, para 2-1a(b) says use a DD Form 2745 and (d) says Part C is attached to property confiscated from the detainee.) to each document; multiple CEDs are bundled or bagged together. The capture data is always recorded on a captured document tag. The capture document tag should be assigned a sequential number at the first formal exploitation point, showing the nationality of the capturing force by national letters prescribed in STANAG 1059. The capturing unit will record the information as follows: Time document was captured, recorded as a DTG. Place document was captured, including the six-oreight-digit coordinate, and description of the location of capture. Identify of the capturing unit. Identity of the source from whom the document was taken, if applicable. Summary of the circumstances under
which the document was found. CED intelligence value will be determined and exploited as early as possible. The document muSt be forwarded immediately to higher headquarters. Custody of CEDs transfer (normally from the MP) to MI when MI identifies a document as having intelligence interest. When MI interest in an EPW-related CED stops, MI gives it back to the MP.)
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16.Are you receiving sufficient information from the capture paperwork to properly
conduct screenings and interrogations? Are the current requirements for
documentation of a captured person sufficient or excessive? Did the changes in
procedures as far as documenting captured person improve your ability to gather
intelligence? (1.1, 1.2, 2.2, 4.1) ((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 as the 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 that Detainee to include the CJTF
Directive on proper paperwork procedures)
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17.What are the procedures for the transfer of custody of Detainees from the MP/Guard personnel to Military Intelligence personnel? When the detainee is returned to the guard force, what procedures occur? (what info is passed on to the Guard Force (type of reward?)...observation report, paper trail audit) (1.1,1.2, 4.1) (FM 3-19-40, chapter 3/3-68)
If a captive or his equipment or documents are removed from the receiving/processing line, account for them on DD Form 2708 and DA Form 4137. 3-68. The site is located where screeners can observe captives as they are segregated and processed. It is shielded from the direct view of captives and is far enough away that captives cannot overhear screeners' conversations. The site has an operation, administrative, and interrogation area. The interrogation area accommodates, a captive, a guard, and an interpreter as well as furniture. Lights are available for night operations. Accountability procedures are implemented and required forms are available.)
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18. Describe the screening /background checks required prior to hiring interpreters. Are they trusted by U.S. Soldiers? (1.3, 1.7, 4.1) (FM 34-52, FM 3-19.40, para 4-6, Request
interpreters from MI, PSOP, allied forces, or local authorities as necessary.) --6-7d-z) . A-
19.What is your perception of the contract interrogators training and capabilities to conduct proper interrogations of detainees? (1.4) (No Standards apply on perceptions.)
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20. How are translators/linguists used during the screening/interrogation processno
you trust the interpreter? How are MPs/Guards used during this process? (1.1, 1.2, 1.7,
2.1) (FM 34-52 Intelligence Interrogation, use of interpreter page 3-30 Interpreter briefing: Once the
interrogator has chosen a method of interpretation, he must brief his interpreter. This briefing must cover-
current tactical situation, background-information obtained on the source, specific interrogation objectives,
method of interpretation to be used, the conduct of the interrogation. ) (use METT-T)
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21. Do counterintelligence agents conduct interrogations of detainees? What training
have they received for conducting interrogations? What is their understanding of the
laws of war as it pertains to interrogating detainees? (1.1, 1.2, 1.5) (Counterintelligence
agents are not authorized to interrogate detainees unless they are trained on FM 34-52, FM 27-10)
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22.What do you perceive to be doctrinal shortcomings pertaining to Interrogation
Operations? How would you fix/incorporate into updated doctrine/accomplish
differently? How about Force Structure to ensure Interrogation Operations can be
successfully accomplished? What are the shortcomings and how do we fix the problem
at-the Army-level? (1.1, 1.3, 1.5, 1.7, 4.1)
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23.What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-3a (20): Report allegations of criminal acts or war crimes committed by or against EPW/RP to the supporting element of the U.S. Army Criminal Investigation Command (USACIDC). Death resulting from other than natural causes will be investigated by USACIDC. Para 3-10 c: VVhen an EPW or RP in US custody dies, the attending medical officer furnish the camp (or hospital) commander or other officer charged with their custody before death, the following information: (1) Full name of deceased. (2) ISN of deceased. (3) Date, place, and cause of death. (4) Statement that death was, or was not, the result of the deceased's own misconduct. (5) When the cause of death is undetermined, the attending medical officer will make a statement to that effect. When the cause of death is finally determined, a supplemental report will be made as soon as possible. e. The attending medical officer and the appropriate camp commander will complete a DA Form 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 this regulation. This form is for the use of Army only. Enough copies of form will be made out to provide distribution as follows: (1) Original-information center. (2) Copy-information center (branch), if necessary. (3) Copy-The Surgeon General. (4) Copy-EPW or RP personal file. (5) The proper civil authorities responsible for recording deaths in the particular state if the EPW dies in the United States.
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24. Do you know of the procedures to get stress counseling (Psychiatrist, Qb....6-1;1),*clic-ill? Do your Soldiers know of the procedures to get counseling (Psychiatrist, thaplain, 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 ncit 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).
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25.Are you aware of your requirement to report abuse or suspected abuse of
detainees? (1.1, 1.2, 1.6, 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.
26. Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.2, 1.6) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy—civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or
directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs.
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At all times the CI will be humanely treated and protected against all acts of violence or threats and
insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed
by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public
curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of
indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction
based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of
inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH
DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
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27.What steps would you take if a subordinate reported to you an incident of alleged
Detainee abuse? (1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious
Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment
of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy—civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The 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.)
28.Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels ,(IG, CID) (1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment
of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C. Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences
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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.)
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29.What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) (1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to 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.)
30.What procedures are in place for Detainees to report alleged abuse? (1.2, 1.6, 4.1)
AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1) Appeals. The CI who are interned for imperative security reasons will be accorded the right to appeal the order directing their internment. Such appeals will be decided with the least possible delay by a board of officers. Appeals will be decided only on the grounds of the existence or nonexistence of imperative security reasons requiring the internment of the protected person. 6-4. Internee Committee a. Election. At each
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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 cornments of the camp commander will be included. Military endorsements will not be placed on any CI communications. d. If a protecting power communicates with a CI camp commander about any matter requiring an answer, the communication and commander's reply will be forwarded to HQDA (DAMO-ODL) NPWIC, WASH DC 20310-0400, for proper action. e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.
31. What do you perceive as the rnission of your unit? Describe the importance of your role in that mission. (Insight to the Soldier's understanding and aftitude concerning unit
mission and their role) AR 600-20 Command Policy 2-1. Chain of Command a. The chain of command assists commanders at all levels to achieve their primary function of accomplishing the unit's assigned mission while caring for personnel and property in their Charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the
least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of
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command to accom lish their assigned duties, and commanders may hold these soldiers responsible for
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32. 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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33. Describe the unit command climate and Soldier morale. Has it changed or evolved
(Identifies Soldier's perception of the chain of command
since you have been in Theater?.
and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the Command cares? Are they getting clear guidance?) 1 AR 600-20 • 13 May 2002 1-5. Command, b. Elements of command.
c. The commander is responsible for establishing leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the mission rather than
feed their self-interest. . .
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34. Are you aware of any incidences of detainee or other abuse in your unit?
5. General protection policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained, interned, or otherwise held in
U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment , froM the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered IAW due process of law and under
legally constituted authority per the GPW, GC the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under
b. All prisoners will receive humane
international law and the Uniform Code of Military Justice (UCMJ).
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 human0 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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ADVISEMENT OF RIGHTS (For military personnel)
The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
d. No statement obtained from any person in violation of this article, or through the use of coercion,
unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court--
martial. (1.2, 1.6)
I am (grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed . (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts--martial or in other
judicial or administrative proceedings. You have the right to consult a lawyer and to- have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian counsel of your own choosing, at your own expense. You may requesta lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you want a lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?
35.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard)
36.
Describe Soldier morale, feelings and emotional state prior to and after these
incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, retaliation, preemption, family crisis)
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37. Was this incident reported to the chain of command? How,.when & what was done? What would you have done? (Identifies compliance, procedure, timeliness, Soldier perception of action taken and effect on unit morale.) (1.2, 1.6) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes,
including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B--2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy—civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such
as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC -20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.) .
38. 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
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assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the-chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health personnel. )
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40. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army csc
units and mental health personnel. .
41. What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution.) FM 22-103, Leadership and Command at Senior Levels, 21 Jun 1987, p. 6, - "Leadership. The process of influencing others to accomplish the mission by providing purpose, direction, and motivation." AR 600-100, Army Leadership, 17 Sep 1993, p. 8, 1987- "Senior-level leadership is the art of direct and indirect influence and the skill of creating the
conditions for sustained organizational success to achieve the desired result. But, above all, it is the art of taking a vision of what must be done, communicating it in a way that the intent is clearly understood, and then being tough enough to ensure its execution." .
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