FBI Memo: Treatment of Prisoners and Detainees

<p>Memo from FBI General Counsel Valerie Caproni to all field office personnel reiterates FBI policy that &quot;no attempt be made to obtain a statement by force, threats, or promises.&quot; &nbsp;Approved by John S. Pistole and Valerie E. Caproni.</p>

Legal Memo
Wednesday, May 19, 2004
Tuesday, December 14, 2004

(Rev 01·31·2003) FEDERAL BUREAU OF INVESTIGATION Precedence: PRIORITY Date: 05/19/2004 To: All Divlsions Attn: ADIC AD DAD SAC b6 -1 CDC b7C -1 From: General coursel Contact:~_____________~1(202) 3241~____~ b2 -1 Approved By: Pistole John S Capronl Valerle E Drafted By: b6 -1 b7C -1 Case ID #: (U) 66F-HQ-A1258990 Title: (U) Treatment of Prlsoners and Detalnees Synopsis: (U) In light of the widely publicized abuses at the Abu Ghraib prlson, Iraq, thlS EC relterates and memorializes existing FBI POI1Cy wlth regard to the lnterrogation of prisoners, detainees, or persons under Unlted States control (collectively "detainees"). These guidellnes serve as a remlnder of existing FBI policy that has conslstently provlded that FBI personnel may not obtaln statements durlng interrogations by the use of force, threats, physlcal abuse, threats of such abuse or severe physlcal conditions. In addition, thlS Ee sets forth reporting requ1rements for known or suspected abuse or mlstreatment of detalnees. Details: (U) FBI personnel posted abroad come into contact wlth detalnees 1n a variety of situations. Persons being detalned or otherwlse held in the custody of the United States are entltled to varylng levels of procedural rights depending upon their situation or category of detentlon (e.g., unlawful combatant, prisoner of war). Although procedural rights, such as Miranda rights, do not apply in all situations overseas, certain mlnimum standards of treatment apply in all cases. Applicability: (U) FBI personnel and personnel under FBI supervision deployed in Iraq, Guantanamo Bay, Cuba, Afghanlstan or any other forelgn locatlon where slmllar detentlon and interrogatlon lssues arise are to follow FBI pollcies and guidellnes for the treatment of detainees. , DETAINEES-l DOJ FBI-000023 To: All Fleld Offices From: General Counsel Re: (U) 66F-HQ-A1258990, 05/19/2004 FBI Policy: (U) "It is the policy of the FBI that no attempt be made to obtain a statement by force, threats, or promises." FBI Legal Handbook for Speclal Agents, 7-2.1 (1997). A person's status determines the type and extent of due process rlghts accorded by the FBI, such as right to counselor advlsement of rlghts. Reg~rdless of status, all persons lnterrogated or lntervlewed by FBI personnel must be treated in accordance with FBI POllCy at all t~mes. It lS the POllCY of the FBI that no interrogation of detalnees, regardless of status, shall be conducted using methods whlch could be interpreted as lnherently coerClve, such as physlcal abuse or the threat of such abuse to the person belng lnterrogated or to any thlrd party, or lmposlng severe physlcal condltlons. See, FBI Legal Handbook Sectlon 7-2.2. Joint Custody or Interrogation: (U) FBI personnel who partlcipate ln lnterrogatlons wlth non-FBI personnel or who partlcipate ln lnterrogatlons of persons detalned Jointly by FBI and non-FBI agencles or entltles shall at all tlmes comply with FBI POllCy for the treatment of persons detalned. FBI personnel shall not participate in any treatment or use any interrogation technique that is in violation of these guidelines regardless of whether the co-interrogator is in compliance with his or her own guidelines. If a co-interrogator 1S complY1ng with the rules of h1S or her agency, but is not ln compliance wlth FBI rules, FBI personnel may not partic1pate in the lnterrogat1on and must remove themselves from the situation. Reporting of violations~ (U) If an FBI employee knows or suspects non­FBI personnel has abused or is abus1ng or mistreating a detainee, the FBI employee must report the lnc1dent to the FBI on-scene commander, who shall report the situatlon to the appropriate FBI headquarters chaln of command. FBI Headquarters is respons1ble for further follow up wlth the other party. 2 DETAINEES-2 2 DOJ FBI-000024 To: All Field Offices From: General Counsel Re: (U) 66F-HQ-A1258990, 05/19/2004 I' , LEADS: Set Lead 1 (INFO) ALL RECEIVING OFFICES (U) D1strlbute to all personnel. Set Lead 2 (INFO) COUNTERTERRORISM AT WASHINGTON, DC (U) To be distributed to all FBI personnel who are now, or in the future are, detalled to Iraq, Guantanamo Bay, Cuba, or Afghanistan or other foreign locatl.ons in WhlCh slmila,:r' detentlon and 1nterrogatlon issues may arlse . 3 DETAINEES-3 3 DOJ FBI-000025