Sworn statement of an Reserve Army Captain who stated they were approached with a thumb drive, which depicted images of dead anti-coalition forces and captured anti-coalition forces on the battlefield. Stated that he/she advised the unnamed individual to return the drive to its owner.
SWORN STATEMENT.
Foe mss it ibis boo Is AR 18045: P4 11910110 .,as I OOSSOPS
PfUlFACY ACT STATEMENT
Tate 5 USC Sawn 7951; F.D. 9397 Mood Noworimr 22. 11143 =7.
Moo ID USC Salaan 301: AUTHORITY: To provide cowman anil low ortoroyaoto Wheals woo mons by *tab orionrstionmbY los actwatoIy itiontibod.
,
PRINCIPAL PURPOSE:. yaw social soeurity note is miml as on silbtonolloitoriate moons III ilontifiation Is Wilms Mire sod nmol SCUTUM USES:
Oodosoi• of eau sociolosionv maim 4 velour!. DISCLOSURE:
1. manor.
Abu Ghraib, Iraq. APO AE 09335
6. SSN
I. ORGANIZATION OR AMR APO AE 09335
OSJA, OTF-7, Abu Ghraib Correctional Facility, Abu Ghraib, Iraq,
9• WANT TO MU TIE FOLLOWING STATEMENT Me OATIt
•
dead anti-coalition
tos depicting made me aware that he discovered within the IIDC a thumbasked me if this was a .
drive containing pho violation of the UCIAl. Army
forces and ca turgid anti-coalition forces on the banlefied. 1111¦11P
Regulation 190-8, or international law. Based upon what he told me. I advised him that it was not. Based on whatprivate property
hotos were not unlawful. Because there was no legal basis to seize the
im my o pinion that the return the thumb drive to its owner. I did not review the photons. I
. gave him
told me 1 it was proper to
1
of a servi member, 110 .
agree that 1 should have reviewed them prior to giving advice.
nal law, there would be no legal basis toQ. Do you have anything else to add to the statement 1 wouldA. Yes. Since there was no violation of the UCMI, Army Re 316.ions had no choice but to return them.
d Military Rule of Evidence 316 a
seat property from a so - er without a legal basis to do so.
of is inappropriate for service members tophotograph bodies gave me a detailed chscrrpuon of thenever advise a commander or leader to seize personal property from a so battlefield and persons detained during an
policy, I agree that it 'alive of any regulations.
action, however ID my knowledge it is not illegal nd I ed my advice on that discriptio of suirment1111111111111111111111111111111111111111111111111111111111111111111111111
photos and based
C
////i/i/W/WW/WWW/M/BM/M
////i
STATEMENT
ACES
PAGE I OF
10 EXHIBIT
041W
ADDIT7Ona: PACES MUST =MIN THE mEADMC STATEMENT Of Aoornormi PAGE MOST MAP THE INITIALS OT THE PERSON MING ME STATEMENT, AMO PAGE WILIER *UST If RE NiOCATEO.
THE 5OTTOm Of EACH
DA FORM 2823. JUL 72. IS OBSOLETE
DA FORM 2823. DEC 1998
AG0000394
DOD 000482
TAKEN AT Aighst.C? \AM ,111ATED 11 raTzoOlf. .,
STATEMENT OF
ontinued)
9. STATEMENT
AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT ULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
,AND S ON PAGE •
wHICH,BEGI F EACH PAGE
BY ME THE STATEMENT IS TRUE. I HAVE INITIAL D ALL CORRECTIONS AND H.V.E. ITIALED THE BOTTOM
REW ORD, WITHOUT
•36: 0. •Pts9E.BENEFIT OR RE STATEMENT. I HAVE MADE THIS STATEMENT FREELY TH0
CONTAINING. DUCtMENT.
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLU
go* • of Person Making Statornentt
a person authorized by law to
Subscribed and sworn to before me,
WITNESSES . day of 260
administer oaths. this cr,"?..-at A ' • 10
ORGANIZATION OR ADDRESS
yowl arm of Person Admtnistertng
M A-1'41'de 13(p
(Aumority To Administ r 'Ms)
ORGANIZATION OR ADDRESS
i. PERSON MAKING STATEMENT 1 PAGES
IN PAGE OF
USAPA V1.00
P4GE 3, (10iFORM 2823, DEC 1998
AG0000395
DOD 000483