These emails are between Army CID and Navy NCIS investigators concerning the policy for reporting criminal investigations during contingency operations and specifically hostile fire deaths. The Army CID Investigator provides the Standard Operating Procedures and discusses the matter in a follow-up email.
From: Sent:
Tescilly,relicember 23, 2003 1:48 PM To:
Subject: 1111!"1111!
111111Ws the information from USACIDC;.is on distro, so you probably already have
this, but just in case.
Original Message
From:
To:
Cc:
Sent: 12/19/2003 3:06 PM
Subject: RE: CID Guidance
el=
The directive for investigation of hostile fire deaths is a FRAGO to a
CJTF-7 OPORD. I can't go into detail concerning the language of the
FRAGO due to the security classification. But to answer your question,
3d MP Group (CID) the mandate and responsbility to conduct hostile
has
fire deaths (i_e, murder) absent any AR 15-6 investigation. An AR 15-6
is not normally conducted by the chain of command. We have evidence
depositories in Iraq and Kuwait. Evidence in such cases is handled as
in any other case which may also include forwarding evidence to USACIL
as deemed appropriate.
If you would like to read FRAGO 209 let me know and provide a secure FAX
number or SIPRNET address and we can forward a copy to you.
Also, if I do not see or talk with you before the holidays, have a merry
and safe holiday season.
I am currently in the office and will be heading south next Wednesday.
MOW
MP
Chief, Investigative Operations Division
Ori inal Message.
From:.[mailto:1111111PNCIS.NAVY.MIL]
Sent: Friday, December 19, 2003 2:46 PM
To:
Cc:
Subject: R : CID Guidance
.
1111111i
Tried calling you but I suspect you've pulled chocks for North Carolina by now. A quick question if I may -- the hostile death investigations conducted by USACIDC as requested/directed by CJTF-7, were they conducted in place of, or in support of a separate command investigation (AR-15)? What were the evidence storage considerations? I truly appreciate your help with these issues mapI will be out DODDON 000274 until after the new year, but will be reviewing emails while on leave;
1
but if you would, pleas nclude 111111.11M111/11mon yon reply.
Best wishes to you during the holiday season. Please.
careful on
the roads!
Cheers,
Original Message.
From: MIMPINIMMIIIIMPINtmailtoWINNIMM/abelvoir.army.mill
Sent: Tuesday, December 02, 2003 1:56 PM
To: 11 1Mr(E-mail)
Subject: CID Guidance .
.
CIDR 195-1
4-40 Initiation of ROIs in Deployment Situations
a. General.
This paragraph outlines a standardized policy for reporting criminal
investigations during contingency operations.
b. Policy. It is a principle of this command that the
reporting format for all investigations conducted by or for CID elements
will be the Report of Investigation (ROI). Whenever an investigation of
whatever scope (limited or full) is initiated, the results will be
reported by the ROI format.
http://www.usapa.army.mil/pdffiles/r1952.pdf AR 195-2 and this
regulation identify four basic criteria that must exist to justify Army
jurisdiction and responsibility to investigate crime:
(1)-There:Mu-St be some credible information that a -crime.-
has occurred. A preliminary inquiry may be conducted to reach the
credible information standard, but once that standard is reached, an ROI
would be initiated if the remaining criteria below have been met.
(2)
The Army must have investigative authority to
investigate. Investigative authority refers to matters in which the
Army has the legal authority (jurisdiction) to conduct a criminal
investigation_ In a deployed environment, whether combat or
peacekeeping mission, there is Army investigative authority when the
supported commander requests the investigation,to further the Army's
mission in that area. If the Army is in support of an international
entity (such as NATO or the UN), the use of investigative resources is
an official act in furtherance of the Army's overall mission to support
the approved objectives of the international entity. Unofficial
investigations or investigations not in support of the Army mission are
prohibited.
(3)
There must be an Army interest in the case_ Tn DODDON 000275 deployed situations, there is an Army interest in a criminal case when
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the case impacts the ac' Dlishment of the Army's missior
capabilities and/or when it is requested by the supported _ommander to
further the Army's mission.
(4) CID must have the responsibility to investigate (that is, the
alleged crime is within our investigative purview). CID usually
investigates the felony crimes identified in AR 195-2. As noted in AR
195-2, however, CID's investigative purview can be adjusted to include
lesser.crimes if it would serve a better or overall, law enforcement
goal.
c. Deployment considerations
(1) When deployed, CID agents generally find themselves in
one of two types of situations -- a functioning government exists or it
does not exist. The following paragraphs describe ROI initiations in
these situations:
(a) Functioning Government: When the Army is deployed
to a foreign country that has an established and functioning government
and law enforcement system (police, prosecutors and a judicial system),
the following guidance applies.
1. Authority to investigate is usually determined by
international treaty or agreement (such as a Status of Forces Agreement
(SOFA)), by the policies of the host government, or the U.S. ambassador.
When questions arise in this area as to investigative authority,
coordination should be effected with the supporting SJA or Group judge
advocate. CID will not conduct any investigations (however limited or
preliminary in nature) in violation of such agreements or policies.
2. CID will not normally conduct investigations
concerning non-Army affiliated civilians committing crimes on other
non-Army affiliated civilians or involving non-Army equipment/supplies
outside Army controlled property. If requested to conduct an
investigation by a field grade officer or higher because some Army
interest is involved, CID will conduct a collateral or joint ROI to the
extent allowed by treaty or policy and local law enforcement
authorities.
3. When criminal incidents involve Army affiliated
personnel (military, family member, civilian or contractor) or Army
property, the conduct of collateral or joint ROIs will be accomplished
to the extent allowed by treaty or policy and local law enforcement
authorities.
4. When criminal incidents within CID purview occur on
Army controlled property (such as an installation, kaserne or camp), or
involve Army personnel, assets and/or resources on or off Army
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controlled property, ROI rill be conducted. The conduct - such ROIs
will follow any guidelines, notifications or other limitations set forth
by treaty or policy and local law enforcement authorities.
(b) Non-Functioning Government: When the Army is
deployed to a foreign country that has no established (or a severely
limited) functioning government and no law enforcement system (police,
prosecutors and a judicial system), the following guidance applies.
1. Authority to investigate in this situation is
usually determined by the Army's mission and the requests of the senior
supported Army commander (or senior U.S. commander in joint operations).
When questions arise as to investigative authority and the Army's
mission, coordination should be effected with the supporting SJA or
Group judge advocate. If the senior Army commander delegates his
authority, CID will respect requests from the delegatee. If the senior
Army commander sets threshold criteria for investigations, CID will
respect those limitations. CID will not investigate outside the
authority of the senior .Army commander (or senior U.S. military
commander in joint operations). CID will not conduct any investigations
(however limited or preliminary in nature) that are not in furtherance
of the Army mission.
2.
CID may conduct investigations concerning non-Army
affiliated civilians committing crimes on other non-Army affiliated
civilians or involving equipment/supplies outside Army controlled
property, if such investigations are requested by the senior supported
commander or meet some predetermined threshold criteria. Any such
investigations (no matter how limited) will be reported via the ROI
format. Such investigations may be finalized early if the original
intent of the commander's request has been met, or if the completion of
other outstanding leads is precluded by hostile fire, hostile territory,
or other local adverse conditions. It is anticipated that many of these
ROIs will be completed using the procedures for a Final(C).
3.
When criminal incidents involve Army affiliated
personnel (military, civilian or contractor) or Army property, the
conduct of ROIs will be accomplished to the extent allowed by local
environment and threat conditions. Final (C) procedures may be used as
appropriate for these investigations.
4.
When criminal incidents involving anyone occur on
actual Army controlled and occupied property (such as a base camp), ROIs
will be conducted. Final(C) procedures may be used as appropriate for
these investigations.
d. Investigations Involving, Enemy Prisoners of War (EPW), Retained
Personnel (RP), Civilian Internees (CI) and other Detainees (OD).
(1) AR 190-8 is a multi-service regulation that.
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applies to the Army, Navy, Air Force and Marine Corps (OPNAVINST 3461.6,
4
(/ Ib
), and implements DoD Directiv '310.1 and
DoD Directive 5100.7. AR 190-8 directs that all allegatic—s of criminal
acts or war crimes committed by or against EPW/RP/Cl/OD be reported to
CID.
AFJI 31-304, and MCO 346.
(2)
IAW 190-8, all persons captured, detained, interned or otherwise
held in US Armed Forces custody will be given humanitarian care and
treatment from the moment they fall into the hands of the U.S. forces
until final release. It is DoD, Army and command policy that inhumane
treatment of EPW, CI, RP, and OD is prohibited and cannot be justified
by the stress of combat or by deep provocation. All prisoners,
detainees, and internees will receive humane treatment without regard to
race, nationality, religion, political opinion, sex or other criteria.
IAW AR 901-8, they will be protected against all acts of violence to
include rape, forced prostitution, assault, theft, bodily injury,
reprisals of any kind, insults and public curiosity. AR 190-8
specifically prohibits murder, torture, corporal punishment, mutilation,
collective punishments, execution without proper trial, and all cruel
and degrading treatment.
(3)
Inhumane treatment is a serious and punishable violation under international law and the UCMJ. IAW AR 190-8, AR 195-2 and CIDR 195-1 (especially paragraphs 4-40a-c above), CID elements receiving allegations of felony criminal acts or war crimes committed by or against EPW/RP/Cl/OD will investigate such allegations as an ROI. IAW AR 195-2, CID may adjust its normal investigative purview to include lesser crimes or misdemeanors if it would better serve the supported commander or the overall law enforcement goal.
(4)
If the U.S. Armed Forces element conducts a commander's inquiry (an
AR 15-6 investigation or equivalent) prior to notifying CID of an
allegation involving felony criminal acts or war crimes committed by or
against an EPW/RP/Cl/OD, the supporting CID element will obtain a copy
of and review the inquiry to determine if it thoroughly and fairly
investigated the incident(s). If the US Armed Forces element did not
CondUdt W-danimander's "inquiryy-or if further investigative efforts are
deemed appropriate, the supporting CID element will initiate an ROI to
continue the investigation.
Chief, Investigative Operations Division
DODDON 000278
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