Emails discuss the flawed judicial system currently in place. Among the problems is the length detainment of prisoners, who have committed petty crimes. The author explains that the "individual will sit in jail for 6 months for a small theft before the trial, then they will go to MRCF for one month to serve their sentence. The individual gets no credit for time already served."
-G3 OPS EOC Org Account
From: 1.11111111111.111, MAJ 3/2 Infantry Brigade Provost
Sent: . March , 4 10:10 PM
To: TC 3/2 Infantry Brigade XO
Subject: FW: Ques ions on Detainees
Sir,
This is what I was trying to say about the jail, but didn't want to bring out all the details.
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11111111111.11V6ctl. army. smdmir
-Original Message
From: 1111111.1111111101Al 503 MP
Sent: Saturday, March 06, 2004 7:42 AM
To: allIMMIlLT 503 MP LNO;i1.1.111111.11111 ¦11. MAJ 3/2 Infantry Brigade ProvostaMINEMIKPT 503 MP
Cc: TC (MNB-N) Provost Marshal;a11.111/MAJ 503 MP
Subject: RE: Questions on Detainees
ALL,
I typing for MA,' The Trans Jail is full, the station cells are also full and the judicial system is not effeciently processing people through. For example, a person will linger in jail for months upon months without going go jail - ie. theft. The individual will sit in jail for 6 months for a small theft before the trial, then they will go to MRCF for one month to serve their sentence. The individual gets no credit for time already served. The judges have moved out of the Trans Jail and judges in the pecincts discourage the use of the Trans Jail, preferring 33 jail concept over 1 (Trans Jail). The judicial system is BROKEN, there is NO Centralized records with a centralized court docket being produced - it's helter skelter. Heck the judges won't even authorize the police to investigate a crime without their permission.
If a military prisoner has deemed to have committed a crime and he is turned over to the IPs -- the IPs will have to conduct an investigation. Sounds Easy but the police have to get permission to investigate this person, again sounds easy except the judges will throw out the case because the police did not have permission to detain the person from the start. Prisoner is released. Paperwork to accompany him would be the charge and any criminal statements.
Thanks,
MAJ
J
MAJ, MP
XO, 503d MP BN Abn)
DSN: 302
Tribal Logic,
"When I am weak - how can I compromise?
When I am strong - why should I compromise!"
Original Messa e
From: LT 503 MP LNO
Sent: ida March 5 2004 9:15 PM
To: MAI 3/2 Infantry Brigade Provostillnir CPT 503 MP
Provost Marshal; 1Al (MNB-N) 503 MP X01
Subject: RE: Questions on Detainees
Ma'am, If we hand over a detainee to the IZPD it should be because they have also broken an Iraqi law. This violation should be written in the detaining units DA Form 2823. The packet should be broken down to bare facts of the crime
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committed. There is no reason to give more intel than that. If we don't provide solid findings of a crime being committed, then we leave the police no choice but to release the detainee. Also, the first two courts should recognize the DA 2823 however, we have been fighting this for awhile. When the criminal pushes the case to the highest court, they will only honor witnesses that are present, which would require US forces appearing. The need for our attendance has been sketchy as well. A few times in the past, we have been notified when the soldiers on the ground need to go to court, but it again is a fight. If the case goes before the highest court with only a DA 2823, the judge may dismiss the case for lack of evidence. This is a problem that we faced as the 101st left. So, YES, we need to provide some sort of paperwork to the police. NO, we shouldn't give them the entire packet with our intel in it.
ATW!
AIM
1LT(P), MP
503d MP BN (ABN) LNO
"someone said something interesting once"
-Original Message
From: MAI 3/2 Infantry Brigade Provost
Sent: Frida arc 4:18 PM
To: PT 503 MP
Cc: 1LT 503 MP LNOMMar LTC (MNB-N) Provost Marshal - AI (MNB-N) 503 MP X01
Subject: Questions on Detainees
We had a command and staff meeting today and I discussed detainee processing. There were a few questions that came up: When we turn detainees over to the Iraqi Police, what happens to their packets (whether the police keep them or not)? Do we turn them over to the police? If we do, what about the classification of the documents? Their packets are secret and may have info we don't want to provide to the police. This was a good point that I hadn't considered in the past. Also, it's my understanding that if e ick an Iraqi up and don't intend on turning him over to cage, we turn him into 1W or a local police station. CO -ants us to turn them over to the transportation jail. I can see some problems with that, but not sure w a your policy has been - can you help?
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9111)(Pranner, 3/2 net 52101111 s6ct1.army.smirmif
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