DOS Cable re: DOD Public Affairs Guidance Regarding Abuse at Abu Ghraib

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185531
SOURCE:.

KODAKD.028002

' DRAFTED BY: PM/CPA:JGREER:GCW -- 08/27/04 202-647-6968
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5729D7 280017Z /38

0 .280011Z AUG 04
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS IMMEDIATE
SPECIAL EMBASSY PROGRAM
AMEMBASSY DUSHANBE
AMEMBASSY KHARTOUM
AMEMBASSY BUJUMBURA
AMEMBASSY BAGHDAD

UNCLAS STATE 185531

E.O. 12958: N/A
TAGS: KSEP, MASS, MAAR,'PREL, KPAO
SUBJECT: DOD PUBLIC AFFAIRS GUIDANCE REGARDING THE
INVESTIGATIONS OF DETAINEE ABUSE AT ABU GHRAIB PRISON

1.
(U) THIS CABLE HAS BEEN CLEARED BY SEP.

2.
(U) SUMMARY: THIS CABLE CONTAINS INFORMATION ABOUT -THE
RESULTS OF TWO DEPARTMENT OF DEFENSE INVESTIGATIONS OF

-REPORTED ABUSE OF DETAINEES AT THE ABU GHRAIB PRISON IN
IRAQ AND DOD PUBLIC AFFAIRS PRESS GUIDANCE, PROVIDED FOR
POSTS' INFORMATION AND USE AS APPROPRIATE. END SUMMARY.

Page 1
3. (U) THE RESULTS OF TWO DEPARTMENT OF DEFENSE INVESTIGATIONS OF DETAINEE ABUSE AT ABU GHRAIB PRISON -WERE ANNOUNCED AT DOD PRESS BRIEFINGS EARLIER THIS WEEK. THE • FINDINGS AND RECOMMENDATIONS OF THE INDEPENDENT PANEL TO REVIEW DOD DETENTION OPERATIONS, ALSO KNOWN AS THE SCHLESINGER PANEL -- ITS MEMBERS INCLUDE FORMER SECRETARIES OF DEFENSE JAMES R. SCHLESINGER AND HAROLD BROWN, FORMER U.S. REPRESENTATIVE FROM FLORIDA TILLIE K.
FOWLER, AND RETIRED U.S. AIR FORCE GENERAL CHARLES A.
HORNER 7-WERE ANNOUNCED ON TUESDAY, AUGUST 24. THE

FINDINGS AND RECOMMENDATIONS OF A SECOND PANEL CONSISTING
OF THREE U.S. ARMY GENERALS -- GENERAL PAUL J. KERN,
LIEUTENANT GENERAL. ANTHONY R. JONES, AND MAJOR GENERAL
GEORGE R. FAY -- WERE RELEASED ON WEDNESDAY, AUGUST 25.
THIS CABLE FORWARDS. DOD-DRAFTED BACKGROUND INFORMATION AND
TALKING POINTS PERTAINING TO THESE TWO INVESTIGATIONS FOR
USE BY POSTS AS DEEMED APPROPRIATE.

4. (U) GENERAL BACKGROUND: FOLLOWING ALLEGATIONS OF
DETAINEE ABUSE, DOD DIRECTED THE INITIATION OF A NUMBER OF
INVESTIGATIONS TO ENSURE A FULL AND THOROUGH ASSESSMENT OF
DETAINEE OPERATIONS:

-- MAJOR GENERAL TAGUBA'S INVESTIGATION OF DETAINEE
OPERATIONS AT ABU GHRAIB AND THE 800TH MILITARY POLICE
BRIGADE.
-- NAVY INSPECTOR GENERAL'S REVIEW OF DETENTION PROCEDURES
AT GUANTANAMO AND CHARLESTON.
-- ARMY INSPECTOR GENERAL'S ASSESSMENT OF DETENTION
OPERATIONS DOCTRINE AND TRAINING.
-- SCHLESINGER PANEL'S INDEPENDENT EXAMINATION OF DETAINEE
ISSUES.
-- GEN KERN/LTG JONES/MG FAY INVESTIGATION INTO MILITARY

INTELLIGENCE ACTIVITIES AT THE ABU GHRAIB.
--(ON-GOING) BRIGADIER GENERAL JACOBY'S ASSESSMENT OF
DETAINEE OPERATIONS AND FACILITIES IN AFGHANISTAN.
--(ON-GOING) VICE ADMIRAL CHURCH'S REVIEW DETAINEE
OPERATIONS AND INTERROGATION PROCEDURES.
--(ON-GOING) ARMY RESERVE ASSESSMENT OF RESERVE TRAINING
WITH FOCUS ON MILITARY POLICE AND MILITARY INTELLIGENCE.

.

REPORT OF THE INDEPENDENT PANEL TO REVIEW DOD DETENTION
OPERATIONS (THE SCHLESINGER PANEL)

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5. (U) DOD TALKING POINTS PERTAINING TO THE INDEPENDENT
PANEL'S REVIEW:

-- THE REPORT BY THE SCHLESINGER PANEL IS THE FIRST
INDEPENDENT INVESTIGATION INTO DETAINEE ABUSE AT ABU
GHRAIB.

-- THE PANEL FOUND THAT THERE WAS NO POLICY OF ABUSE AT ABU GHRAIB. -- THE PANEL REPORT STATES, "SERIOUS LEADERSHIP PROBLEMS IN THE 800TH MILITARY POLICE BRIGADE AND THE 205TH MILITARY INTELLIGENCE BRIGADE, TO INCLUDE THE 320TH MILITARY POLICE BATTALION COMMANDER AND THE DIRECTOR OF THE JOINT DEBRIEFING AND INTERROGATION CENTER, ALLOWED THE ABUSES AT ABU GHRAIB." -- THE PANEL CONCLUDED THAT THERE WERE SERIOUS LAPSES OF LEADERSHIP IN BOTH BRIGADES FROM THE JUNIOR NON-COMMISSIONED OFFICER LEVEL TO THE BRIGADE COMMAND LEVEL. --THE PANEL FOUND NO EVIDENCE THAT ORGANIZATIONS ABOVE THE 800TH MILITARY POLICE' BRIGADE OR 205TH MILITARY INTELLIGENCE BRIGADE BORE DIRECT RESPONSIBILITY FOR THE INCIDENTS AT ABU GHRAIB. -- THE PANEL MADE SEVERAL RECOMMENDATIONS TO IMPROVE
OVERSIGHT OF DETAINEE OPERATIONS, TWO OF WHICH DOD HAS
ALREADY ACTED UPON: (1) THE SECRETARY OF DEFENSE
ESTABLISHED THE OFFICE OF DETAINEE AFFAIRS ON JULY 16,
2004 AND (2) DOD HAS ESTABLISHED NEW PROCEDURES FOR THE •
REVIEW OF INTERNATIONAL COMMITTEE OF THE RED CROSS
REPORTS.
--THE REMAINING RECOMMENDATIONS WILL BE REVIEWED WITH
RECOMMENDATIONS FROM OTHER INVESTIGATIONS THAT DOD HAS
UNDERTAKEN TO ASSESS WHAT FURTHER IMPROVEMENTS CAN BE
MADE.
-- THE PANEL REITERATED THE IMPORTANCE OF INTERROGATION AS
A MEANS OF GAINING RELIABLE INFORMATION IN THE GLOBAL WAR
ON TERROR.
-- THE PANEL EXPRESSED CONCERN FOR THE "CHILLING EFFECT"
INVESTIGATIONS MIGHT •HAVE ON GAINING ADDITIONAL •
INTELLIGENCE. WE MUST KEEP INTACT OUR ABILITY TO CONDUCT
EFFECTIVE INTERROGATION.
-- THE PANEL FOUND THAT ABUSES DEPICTED IN THE WIDELY
CIRCULATED PHOTOGRAPHS ARE NOT THE RESULT OF AUTHORIZED
INTERROGATION PROCEDURES.
--THE PANEL REPORTED THAT PRISONERS DEPICTED WERE NOT --PART
OF INTELLIGENCE GATHERING EFFORTS; INSTEAD, "THEY WERE THE
FREELANCE ACTIVITIES ON THE PART OF THE NIGHT SHIFT AT ABU
GHRAIB."

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6. (U) THE COMPLETE SCHLESINGER REPORT CAN BE OBTAINED AT:
WWW.DEFENSELINK.MIL/NEWS/AUG2004/D20040824FINALREPORT.PDF

INVESTIGATION OF ABU GHRAIB DETENTION FACILITY AND THE

205TH MILITARY INTELLIGENCE BRIGADE (THE KERN REPORT)

7.
(U) BACKGROUND: THE KERN REPORT COMBINES FINDINGS
AND RECOMMENDATIONS FROM THE INVESTIGATION BY MAJOR
GENERAL GEORGE FAY OF THE ABUSES AT ABU GHRAIB AND THE .
INVESTIGATION BY LIEUTENANT GENERAL ANTHONY JONES OF THE
COMBINED JOINT TASK FORCE (CJTF)-7 CHAIN OF COMMAND.
GENERAL KERN WAS THE APPOINTING.AUTHORITY FOR BOTH
INVESTIGATIONS. TOGETHER WITH THE REPORT BY MAJOR GENERAL
ANTONIO TAGUBA ON THE 800TH MILITARY POLICE BRIGADE AND
DETAINEE OPERATIONS IN IRAQ, THESE REPORTS ARE A COMPLETE
AND THOROUGH INVESTIGATION OF DETAINEE ABUSES AT THE ABU
GHRAIB DETENTION FACILITY. THE COMPLETE REDACTED REPORT
IS AT: WWW.DEFENSELINK.MIL/NEWS/ AUG2004/D20040825FAY.PDF.

8.
(U) MAJOR FINDINGS OF THE KERN/JONES/FAY REPORT:

-- THE KERN/JONESIFAY INVESTIGATION IDENTIFIED 44
INCIDENTS OF ABUSE AT ABU GHRAIB BETWEEN SEPTEMBER 2003
AND JANUARY 2004.
-- ABUSES AT ABU GHRAIB FALL INTO TWO CATEGORIES: (1)
INTENTIONAL VIOLENT OR SEXUAL ABUSE AND (2) ACTIONS TAKEN
BASED ON MISINTERPRETATIONS OF OR CONFUSION ABOUT LAW OR
POLICY.
-- ABOUT HALF THE INCIDENTS OF ABUSE IDENTIFIED BY MG FAY
WERE ALSO REPORTED BY MG TAGUBA IN HIS EARLIER REPORT.
-- THE INCIDENTS OF ABUSE DEPICTED IN THE PHOTOGRAPHS WERE
NOT AUTHORIZED BY'ANY ESTABLISHED POLICY.
-- THE KERN/JONES/FAY REPORT IDENTIFIED 54 MILITARY
INTELLIGENCE, MILITARY POLICE, AND MEDICAL SOLDIERS, AND
CIVILIAN CONTRACTORS WHO WERE FOUND TO HAVE SOME DEGREE OF
CULPABILITY, RESPONSIBILITY OR COMPLICITY IN,'OR FAILURE
TO REPORT, THE ABUSES THAT OCCURRED AT ABU GHRAIB.

-- 27 OF THE 54 SO-IDENTIFIED WERE REFERRED TO THE
APPROPRIATE COMMANDS FOR FURTHER INVESTIGATION OR

ADMINISTRATIVE ACTION. FIVE OF THESE 27 WERE CIVILIAN .
CONTRACTORS REFERRED TO THE DEPARTMENT OF JUSTICE.

-- OF THE REMAINING 27 OF THE 54, 17 WERE CITED FOR
MISUNDERSTANDING POLICY, REGULATION OR LAW; 3 WERE
MILITARY INTELLIGENCE SOLDIERS WHO HAD PREVIOUSLY RECEIVED
PUNISHMENT UNDER THE UNIFORM CODE OF MILITARY JUSTICE

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(UCMJ) AND WERE RECOMMENDED FOR ADDITIONAL INVESTIGATION;
AND 7 WERE MILITARY POLICE SOLDIERS WHO HAD BEEN
PREVIOUSLY IDENTIFIED IN THE TAGUBA REPORT AND WERE
ALREADY UNDER CRIMINAL INVESTIGATION AND/OR CHARGES.
-- WHILE THE REPORT FOUND THAT THE CHAIN OF COMMAND ABOVE
THE 205TH MILITARY INTELLIGENCE BRIGADE WAS NOT DIRECTLY
INVOLVED IN ANY OF THE ABUSES THAT OCCURRED AT ABU GHRAIB,
THE REPORT FOUND THAT THE COMMANDING GENERAL AND DEPUTY

COMMANDING GENERAL OF CJTF-7 FAILED TO ENSURE PROPER STAFFOVERSIGHT OF

DETENTION AND INTERROGATION OPERATIONS.
--THE DETENTION AND INTERROGATION PRACTICES OF OTHER
GOVERNMENT AGENCIES AT ABU GHRAIB CONTRIBUTED TO A LOSS OF

ACCOUNTABILITY. THERE WERE OTHER GOVERNMENT AGENCY
DETAINEES HELD BY U.S. ARMED FORCES AT.ABU GHRAIB WHO WERE
UNIDENTIFIED OR UNACCOUNTED FOR.
--THE COMBINED JOINT TASK FORCE WAS UNDER-RESOURCED WITH
PERSONNEL TO PERFORM STAFF AND INTERROGATION FUNCTIONS.

9: (U) THE COMPLETE REPORT CAN BE FOUND AT:
WWW.DEFENSELINK.MIL/NEWS/AUG2004/D20040825FAY.PDF

10. (U) DOD TALKING POINTS USED BY GENERAL. KERN:

--ONE INSTANCE OF DETAINEE ABUSE IS ONE TOO MANY. WE VIEW
SUCH ACTIONS AS ABHORRENT AND INCONSISTENT WITH OUR
VALUES.
--DETAINEE ABUSE AT ABU GHRAIB WAS FIRST BROUGHT TO LIGHT
BY THE U.S. ARMY AND AN INVESTIGATION WAS BEGUN
IMMEDIATELY.

--OVER 400,000 U.S. SERVICEMEN HAVE SERVED.IN AFGHANISTAN
AND IRAQ SINCE SEPTEMBER 11, 2001. A VERY SMALL NUMBER OF
PEOPLE ARE RESPONSIBLE FOR THE ABUSE OF DETAINEES. THE
VAST MAJORITY OF U.S. SERVICEMEN AND WOMEN ARE SERVING
THEIR COUNTRY WITH COURAGE, HONOR AND DISTINCTION AND WE
ARE PROUD OF THEIR SERVICE AND SACRIFICE.

--OVER 47,700 PRISONERS AND DETAINEES HAVE BEEN PROCESSED
THROUGH DETENTION FACILITIES IN IRAQ. FROM OCTOBER TO
DECEMBER 2003, 2,500 INTERROGATIONS WERE CONDUCTED AT ABU
GHRAIB. THIRTEEN OF NOSE (LESS THAN 1/2 OF ONE PERCENT)
WERE FOUND TO HAVE HAD SOME ELEMENT OF ABUSE OR IMPROPER
CONDUCT.

-- WE WILL INVESTIGATE AND, WHEN APPROPRIATE, PROSECUTE
AND PUNISH ANYONE WHO ENGAGED IN, TOLERATED OR FACILITATED
MISCONDUCT REGARDLESS OF ORGANIZATION, RANK OR POSITION.
-- WHILE THERE* ARE STILL THREE INVESTIGATIONS TO BE

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S

DOD JUNE.

682

NOtesTele
REPORTED, THE DEPARTMENT OF DEFENSE HAS ALREADY TAKEN A
NUMBER OF ACTIONS TO PREVENT SUCH ABUSES FROM OCCURRING

AGAIN. THEY INCLUDE:

--LESSONS LEARNED FROM COMPLETE AND ONGOING

INVESTIGATIONS ARE BEING DISTRIBUTED TO IRAQ AND TO

TRAINING CENTERS SO THAT APPROPRIATE DETAINEE SCENARIOS

CAN BE USED TO TEST UNITS IN DETAINEE OPERATIONS PRIOR TO

DEPLOYMENT; •

-- MOBILE MILITARY POLICE TRAINING TEAMS HAVE BEEN

SENT TO THE COMBAT TRAINING CENTERS TO ENSURE THE DETAINEE

INSTRUCTION IS PART OF ADVANCED INDIVIDUAL TRAINING AND

OTHER COURSES;

-- ALL DEPLOYING ARMY RESERVE MILITARY INTELLIGENCE

SOLDIERS RECEIVE THE MOST CURRENT INSTRUCTION ON THEIR

RESPONSIBILITIES PRIOR TO DEPLOYMENT;

-- REFRESHER TRAINING ON THE LAW OF LAND WARFARE AND

THE RESPONSIBILITIES OF SOLDIERS UNDER THE GENEVA AND

HAGUE CONVENTIONS, WITH SPECIAL EMPHASIS ON THE HANDLING

OF PRISONERS AND OTHER DETAINEES, HAS BEEN GIVEN TO ALL

MILITARY POLICE AND MILITARY INTELLIGENCE SOLDIERS WHO ARE

INVOLVED WITH DETAINEE OPERATIONS;

-- THE CHAIN OF COMMAND AT ABU GHRAIB HAS BEEN

STREAMLINED TO PLACE RESPONSIBILITY FOR DETENTION

OPERATIONS, LAW ENFORCEMENT, INVESTIGATIONS, AND

DISPOSITION OF CRIMINAL CASES UNDER A SINGLE ENTITY TO

IMPROVE EFFICIENCY;

-- A GENERAL OFFICER WITH RESPONSIBILITY FOR ALL

DETENTION AND INTERROGATION OPERATIONS HAS BEEN ADDED TO

THE IRAQ STAFF;

-- MILITARY POLICE HAVE BEEN PLACED UNDER TACTICAL

CONTROL OF THE DEPUTY COMMANDING GENERAL-IRAQ DETAINEE

OPERATIONS;

-- FORCE PROTECTION MEASURES HAVE BEEN IMPROVED TO

PROTECT COALITION FORCES AND DETAINEES;

-- GENEVA CONVENTIONS AND FACILITY RULES IN ENGLISH
AND DETAINEE LANGUAGES HAVE BEEN PROMINENTLY DISPLAYED IN
ALL CAMPS;

-- OVERALL FACILITY CONDITIONS FOR DETAINEES AT ABU
GHRAIB HAVE BEEN IMPROVED;

-- U.S. FORCES ARE INCREASING THE RATE AT WHICH
DETAINEE CASE FILES ARE REVIEWED AND RECOMMENDED FOR
RELEASE OR CONTINUED INTERNMENT TO ENSURE THAT ONLY THOSE
DETAINEES POSING A THREAT ARE TO SECURITY ARE DETAINED;

-- ALL DETAINEE TRANSFERS ARE NOW CONDUCTED USING
BIOMETRIC AUTOMATED SYSTEMS;

-- MALES, FEMALES AND JUVENILES ARE NOW SEGREGATED
WITHIN DETENTION FACILITIES SO THAT NO CONTACT OCCURS;

Page 6

-- ORDERS AND COMMAND POLICIES HAVE BEEN ISSUED TO

REINFORCE THE LAW OF WAR INCLUDING THE GENEVA CONVENTIONS;

-- A NEW POLICY MEMORANDUM EMPHASIZING THE NEED TO

TREAT ALL IRAQIS WITH DIGNITY AND RESPECT HAS BEEN ISSUED;

-- IMPROVED STANDARD OPERATING PROCEDURES FOR

DETAINEE OPERATIONS HAVE BEEN PUT IN PLACE, INCLUDING:

PUBLISHED COMPREHENSIVE PROCEDURES FOR HANDLING AND

TREATMENT OF DETAINEES IN ALL THEATER DETENTION

FACILITIES.

-- DETENTION RULES OF ENGAGEMENT/RULES FOR USE OF

FORCE AND PRINCIPLES OF GENEVA CONVENTIONS ARE BRIEFED AT

EVERY SHIFT CHANGE AND GUARD MOUNT;

-- ROUTINE TRAINING IS CONDUCTED AT EACH GUARD MOUNT

ON DAILY DETENTION TASKS AND STANDARDS;

-- LESSONS LEARNED IN SERIOUS INCIDENTS ARE USED AND

REVIEWED FOR FUTURE EFFORTS;

-- TRAINING ON ARAB CULTURAL AWARENESS IS NOW

PROVIDED;

-- A SYSTEM FOR INTELLIGENCE FUSION THAT DECREASES
INFORMATION CYCLE TIME (COLLECTION, ANALYZE, DISSEMINATE)
HAS BEEN ESTABLISHED;

-- TRANSFER CRITERIA TO SUPPORT CONTINUED RAPID
EXPLOITATION OF HIGH VALUE DETAINEES AND RELEASE OF LOW
VALUE DETAINEES HAS BEEN REFINED;

-- JOINT INTELLIGENCE TASK FORCE-COUNTERTERRORISM
PERSONNEL HAVE BEEN ASSIGNED AT PRIMARY THEATER
INTERROGATION FACILITIES TO EXPEDITE EXCHANGE OF
COUNTERTERRORISM INFORMATION BETWEEN AGENCIES;

-- POLICY HAS BEEN CHANGED TO PLACE THE
RESPONSIBILITY FOR DETERMINING WHETHER AN AUTOPSY IS
NECESSARY IN A DETAINEE DEATH IN THE HANDS OF THE ARMED
FORCES MEDICAL EXAMINER;

-- DOD HAS WORKED WITH THE INTERNATIONAL COMMITTEE OF
THE RED CROSS (ICRC) TO ESTABLISH PROTOCOLS FOR SHARING
APPROPRIATE ICRC DOCUMENTS;

-- THE PROCESS FOR HANDLING ICRC REPORTS HAS BEEN
CHANGED SO THAT THEY GO VIA THE DEPUTY COMMANDING GENERAL­IRAQ DETAINEE OPERATIONS TO THE COMMANDER AND HIGHER
AUTHORITY AS RAPIDLY AS POSSIBLE;

-- THE POSITION OF DEPUTY ASSISTANT SECRETARY OF
DEFENSE FOR DETAINEE AFFAIRS HAS BEEN ESTABLISHED;
-- A JOINT DETAINEE COORDINATION COMMITTEE ON
DETAINEE AFFAIRS HAS BEEN ESTABLISHED.

11. (U) MINIMIZE CONSIDERED.

POWELf,

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