First Marine Division Detainee Handling and Detention Facility Standard Operating Procedure

Document appears to be a manual for the First Marine Division, it offers procedural guidelines on how to handle detainees, from apprehension to release. Document also includes form pages, including "Detainee Personnel Record."

Doc_type: 
Non-legal Memo
Doc_rel_date: 
Monday, January 1, 2007
Doc_text: 

FIRST MARINE
DIVISION

DETAINEE HANDLING
AND DETENTION
FACILITY SOP

Enclosure (14 )
UNCLASSIFIED
MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

TABLE OF CONTENTS
1. 1

DETAINEE AFPREHENS/ON PROCEDURES

a. Detainee Categories 1

b. Authority to Detain

c. Specific Apprehension Requirements 2
d. Legal Rights of Detained Individuals 3
e, 3

Transportation of Detainees

f. Documentation Requirements 4

g. Detainee Processing 4

2. 5

DETENTION FACILITY REQUIREMENTS

a. General 5

b. Manpower 5

c. Location and Layout 5

d. Equipment and supplies 6

3. 6
DETAINEE INDUCTION
a. Apprehending Unit Responsibi/ities

b. Detention Facility Guard Force Responsibilities
c. Medical Authority Responsibilities 9
4. DETENT/ON FACILITY OPERATIONS 9
a. Commander's Intent 9
b. Detention Facility Guard Force Responsibilities 10
c. Formal Detainee Counts

11

d. Escorting Detainees 11
e. Uniform Requirements 11

f. Access to the Detention Facility 11

g. Hydration and Feeding of Detainees 12

h. Medical Treatment of Detainees

12

i. hygiene

12

j. SJA Review of Security Detainee's Personnel File 12
k. Searches
12
1.

Detention Facility Documentation

12
DetentionkFacility Reports

13

n. Proportlonal Use of Force

14

o. Escape Attempts

15

p. Interrogations

15

q. Visits by the international ComMittee of the Red Cross
16

5.

DETAINEE TRANSFERS

16

a. Division Detention Facility Transfers

16

b. Transfers to CaTF-7

16

c. Transfers to Iraqi Police

17

d. Common Transfer Procedures

17

DETAINEE
6. RELEASE

18

a. Authority to Release is

b. Release Procedures

18

7-ABBREVIATIONS

20

a . INDEX
20

UNCLASSIFIED Enclosure (24)

l'`MARD/V DETAINEE HANDLING AND DETENT/ON FACILITY SOP - 17 FEB 2004

APPENDXCES

Appendix A Rules for Detainees
Appendix B Rules for Guards
Appendix C cPA Apprehension Form
Appendix D Sworn Witness Statement (DA Form 2623)
Appendix E EP,/ Capture Tag (DD Form 2745)
Appendix F Evidence/Property Custody Document (DA Form 4137)
Appendix G Detainee Personnel Record (DA Form 4237-R)
Appendix H Chronological Record Of MediCal Care (SF 600)
Appendix I Civilian Internee Identity Card (DA Form 2677-R)
Appendix J Receipt for Prisoner or Detained FerSon (DD FOrm 629)

UNCLASSIFIED Enclosure (14)

UNCLASSIFIED

1st NARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 27 FEB 2004

I. DETAINEE APPREHENSION PROCEDURES

a.Detainee Categories. Al/ detainees will be protected according'
to Geneva Convention Article IV (Protection of Civilian Persons in
Time of War) and will be processed in accordance with this SOP,
regardless of category.

(1)' Enemy Prisoner Of War (EPW). A member of armed or uniform
security forces who meets the requirements of Geneva Convention
Article IV as a prisoner of war. With the fall of the Saddam
Hussein regime and the disestablishment of the pre-April 2003
Iraqi Army, there are few, if any, detainees that meet the
requirements cf EPW's in Iraq today. Only tbe Cbalitive
provieloael Autharlty (CPA) can designate a detainee as an JUMW.
Virtually all detainees taken into custody today are either anti-
coalition fighters or criminals, not EPW's.

(2)
Security Detainee. Anyone detained for their own
protection or because they pose a threat to the security of
coalition forces, its mission, or are of intelligence value.
This includes persons detained for committing offenses (including
attemptS) against coalition forces, members of the provisional
government, nen-government organizations (NGO's), state
infrastructure or any person accused of committing war crimes or
crimes against humanity.

(3)
Criminal Detainee. Anyone detained because of reasonable
suspicion of having committed a crime against Iraqi nationals or
Iraqi property, or a crime not related to the coalition force
mission. Criminal detainees will be turned over to the Iraqi
Police for civil prosecution.

(4)
High-Vplue Detainee (HVD). A security detainee of
significaiit intelligence or political value. Individuals that are
considered HVD's are listed on the U.S. Defense intelligence
Agency's "Black List".

b.
Authority to Detain. In accordance with CjTF-7 Pram() 749 of
OpOrd 03-036 and the /st Marine Division Commanding General's
guidance, all units are authorized to detain anyone who:

(1)
Poses a threat to the security of coalition forces or
accomplishment of the coalition's mission.

(2)
is of intelligence value.

(3)
Obstructs the progress of coalition forces by
demonstration, riot or other means.

(4)
Attempts to enter, without proper authority, any area
controlled by coalition forces.

1
Enclosure (24)

UNCLASSIFIED

1" MARDIV DETA/NEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

(5)
Is the subject of a warrant, order or indictment issued by
a battalion commander or higher, or a CPA-recognized Iraqi
judicial official.

c.
Specific. Apprehension Requirements

(1)
All detainees will be safeguarded from hostile acts at all
times.

(2)
Religious leaders/sheiks, women and children (normally
under 18 years old) will not be detained without the Commanding
General's approval unless apprehended in the act of committing a
crime or in action against coalition forces. Dtention Of
sheiks, women and children will be immediately reported to the
Ceamending Genera/.

(3)
If it becomes necessary to detain women and/or children: .

(a)
They will be treated with the utmost dignity and respect
at sll times.

(b)
Mothers will never be separated from their children.

(4)
If a women needs to be searched, the use of a metal
detector (wand) is the preferred method. Xf a handS-on 'march is
required, every effort will be made to have a fnmaln Marine
=mince the ~rah. If a female Marine cannot conduct the
search, the Search will be conducted by the following personnel
in order of preference:

1.
Female medical personnel.

2.
Female coalition force member.

3.
Malt:medical personnel, using the back of his hand with
another witness present.

4.
Senior Marine present, using the back of his hand with
another witness present.

(5) Apprehension of Wree will be immediately reported to the

Commending General. HVD's will be transferred to the CJTF-7
Detention Facility as soon as possible.

(6)
Approbenalon of Identified non-ire-cis trwrifled via
passport or other official documentation) will be immediate?'"
reported bo the COmmuNtiJv. General.

(7)
If a detainee is seriously injured during apprehension,

they will be taken to the nearest medical facility for treatment
before being taken to a detention facility.

(8) Unless there is a time-urgent intelligence requirement or

the tactical situation does not permit, detainees will be
transported immediately to a detention facility for induction.

Enclosu.re ;ii)
0NCLASSTr/ED
UNCLASSIFIED
MAADIV DETA/NEE HANDLING AND DETENTIoN FAcILITY SOP - 17 FEB 2004

An individual is not officially detained until they are inducted
into a detention facility_

(9) Detainees will only be held in an established detention
facility operated in accordance with this SOP.

(10) Other than for official purposes, any photography or
fi:Jming of the DF or detalnees is strictly prohibited.

d. Legal Rights Of Detained Individuals

(1) First Marine Division units will treat all detainees with dignity and respect at all times. Division units will provide, at a minimum, the standard of humane treatment required under international law. First Marine Division units will protect all detainees from physical harm, insults, photographs and public curiosity.
12) Detainees do not have the absolute right to remain silent. They should be tactically interrogated by the detaining unit's HUM1NT Exploitation Team (HET) when apprehended in order to collect information necessary for force protection and/or location of accomplices and other hostile forces. However, detainees cannot be forced to provide information.
e. Transportation of Detainees

(1)
Detainees will be flex-cuffed behind their back durieg
transportation.

(2)
Detainees will be transported in covered vehicles, whenever
poseible, in order keep the identity of the detained individual
unknown to the local community.

(3)
There must be adequate direct security on the detainees during all movements. A minimum of two Marines will providedirect security on detainees. Further security measures should

be considered as necessary by the status of the detainees, mode
of transportation, and tactical situation.

(4)
The detainee's file/documentation and all physical evidence must go with the individual detainee when he or She is moved from one location to another. The detainee's file and evidence will be kept separate from other detainees' files and evidence. It is recemmended that detainee files and evidence be transported in a separate vehicle whenever possible to ensure their integrity and security.

(5)
Large caches of evidence will be photographed and properly
stored rather than being transported with the detainee.

3

Enclosure (14)

LINCLASSIFIF.D

UNCLASSIFIED

1' MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

f.Documentation Requirements. Units will prepare-the following

documents immediately after detaining an individual:

(1)
EP* Capture Tag ODD Form 2745). Must be completed tor
every individual detained. Part A is attaChed to the detainee
with wire, string or any field expedient material. Part is
maintained for the detaining unit's records, and Part C is
attaehed to any confiscated property.

(2)
Evidence/Property Custody Document (DA Form 4137). All
physical evidence (including weapons) will be listed along with
their EPW Capture Tag serial nuMber.

(3)
Sworn Witness Statements (DA Form 2823).

(a)
A minimum of two (2) Sworn Witness Statements (DA Form
2823) must be completed for eaCh detainee apprehended.

(b)
Each statement must contain the who, what, when, where,-
why, and how of the circumstances leading up to the_detainee's
apprehension. Statements can be taken from either coalition
members or Iraqi nationals.

(c) All coalition commissioned officera are authorized to take sworn statements. Prior to conducting the oath to the
witness, the officer should closely review the statement. The officer should ask appropriate follow up questions in writing on the form if the information provided by the witness is incomplete, confusing or contradictory. Officers who are in the chain of command of the capturing unit may administer oaths for witness statements.
(4) CPA Apprehension Fnrm. Must be completed for every
individual-detained.

9 -Detainee Processing
(1) Battalion commanders and higher can authorize a detainee to
be held at a Detention Facility for up to 72 hours. Prior to the
end of the initial 72 hour period, one of following shall occur:

ia) If it becomes necessary to facilitate the gathering of time-sensitive intelligence, the apprehending commander will request to hold the detainee longer than 72 hours before transfer to the 1' Marine Diviaion Detention Facility. The Ccosmanding. Denara2 snot appcove all detentions at battalion and begimenta/ level Dir's beyond 72 hours.
(b) The detainee will be transferred to the 1*t Marine
Division Detention Facility for further processing.

4
Enclosure (14)

UNCLASSIFIED

(c) Criminal detainees, not involved in anti-coalition

activities, will be transferred to the custody of the Iraqi PoliCe to be processed by an Iraqi criminal court. Commanders are authorized to detain these personnel, however, for the purposes of investioation and intelligence collection.
(d)
The apprehending commander will determine that detention is no longer necessary and authorize the release of the detainee.

(2)
A2I detainees not released or transferred to /raqi Police

custody will normally be transferred to the 1st Marine Division Detention Facility within 72 hours for further processing.
13) In all cases, detainees being held for 14 days or more must
be transferred to the CJTF-7 Detention Facility at the Abu Gharab
Prison in accordance with CJTF-7 Frag0 749.
2. DETENTION FACILITY REQUIREMENTS

a. General. All battalion commanders and higher are authorized to establish detention facilities, however, they must ensure that the DF meets the requirements listed in this SOP. Units may share resources and jointly use DF's, however, there will be only one
establishing command.

b. Manpower
(1)
DF Guard Force

(a)
The guard force must consist of at least an (1) 0/C, (1) SNCOIC, Shift NCOIC's, and guard personnel. The or o/c will deterrnima the minimum manpower requirements to run the facility safely. Every DF will be manned 74-hours a day, 7-

days a week.

(b) Guard posts are determined by the number of detainees, medical segregation, requests by Military Intelligence (MI) for isolation of detainee, and threat level in area. Guards should be located centrally to observe all detainees assigned
to their post.

(2)
Support. The establishing command will ensure that suffiCient medical, SJA, and translator support are provided to support DF operations.

c.
Location and Laiout

(1)
Layouts will not allow detainees to gather intelligence or
to commit acts of sabotage. (Assume all detainees speak or
understand English.)

5

UNCLASSIFIED EnoIcaure (14)
UNCLASSIFIED
121 MAAD/V DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

(2)
Layouts should discourage communications between detainees.

(3)
Locations will not expose a detainee to health hazards,
natural or man-made.

(4)
Layouts will provide shelter from adverse weather
conditions. Commanders should make every,attempt possible to
house detaineea in permanent structures.

(5)
Layouts will include an interrogation room/area and head
facility area.

(6) Women and children will not be housed with, or in sight of,
adUlt Male detainees. Women will not be separated fkom their

d. Eguipment and Supplies. The establishing commander must ensure
all logistics elements to accomplish the mission are provided.
Requirements to consider are:

4, Gates, doors, fence posts, stakes, barbed wire and concertina.


Electrical power, and interior and compound lighting.


Internal and external communications and public address
systems.


Blankets and insulated sleeping mats (i.e. Iso mats).


Flex-cuffs and hoods.


Cool/cold clear water.


Stripped MRE's. (Food pouches and plastic spoon only. No
pork products, accessory packs, heaters, or packing material.)


Medical care and first aid equipment.


Head facility within the DF, toilet paper and hand washing
station&


Biometric Analysis Tool (BAT) client workstation networked to
the Division BAT database for enrollment of detainees, entry
of data and updates for intelligence value.

3. DETAINEE INDUCTION

a. Apprehending Unit Responsibilities
(1)
/f possible, notify the DF prior to arrival. This will
expedite the induction process.

(2)
Prior to arrival at the DF, all detainees must be flex-

cuffed and tagged with Part A Of the EPW Capture Tag (DA Form
2/45).

(3) A21 evidence against the detainee must be tagged with Part
C of the EPW Capture Tag (DD Form 2745). No explosives,

6
UNCLASSIFIED Enclosure (14)

1' NARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

annunition, or other hazardous material will be accepted into the
DF.

(4)
Each detainee must be accompanied by the following
documentation:

(a)
A minimum of two (2) ccmpleted Sworn Witness Statements
. (DA Form 2823).

(b)
A completed CPA Apprehension Form.

(c)
A completed Evidence/Property Custody Document (DA Form
4137).

(5)
The apprehending unit maintains security responsibility for
the detainee until transferred to the Dr.

(6)
Units will follow instructions from the DF guard force
during detainee transfer. Responsibility for the detainee is
only transferred to the Dr upon issue of the Receipt for Prisoner
or Detained Person (VD Form 629).

b. Detention_Facility Guard Force Responsibilities
(1) Conduct an initial frisk search of all detainees prior to entry into the Dr. A minimum of two guards are required to conduct any searches. For figna.let detalmees, see fklsk smaxcia instructions in paragraph 1.0(4) above an paws 2. Any property confiscated during this search, will be added to the Evidence/Property Custody Document (DA Form 4137).
(2) Once inside the DF, strip-search all male detainees. Penal& detainees vill mot be strip-seetched­
-

,

(3)
If one dues not exist, create a Detainee Personnel File
(DPF) for each detainee being inducted. This file will contain
all documentation related to the detainee.

(4)
Ensure that apprehending unit provides all required and
complete documentation. All docUMentation will be placed in the
detainee's DpF.

(5)
Properly store all evidence and property. Make appropriate entries in the Evidence and Property Log. Evidence and property will be tagged, segregated, and stored in a secUre area within the DF.

(6)
The DF OIC or DF NCOIC will complete and issue the Receipt tor Prisoner or Detained Person (DA Form 629) to the apprehending unit. This form must be completed every time a detainee is transferred from one unit/organization to another.

7

Enclosure (14)

UNCLASSIFIED

1m MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

Responsibility for the detainee is transferred to the DF upon

issue ot this receipt.

(7)
Enter the detainee induction in the DF Master Log and
Update the Detainee Roster

(8)
Ensure that all detainees receive the instructions listed
in Appendix 114 Rules for Detainees, in their own /anguage.

0) Create a Detainee Personnel Record (DA Form 4237-R) and
place it in the detainee's DPF.

(10)
Enter each individual in the RAT database. If a detainee
is already in the database, additional and sufficient entries
will be made such that a detailed history of the detainee can be
maintained. Specific guidance follows:

(a)
Ensure that the serial number on the hardcopy EPW Capture
Tag (DA Form 2745) is entered in the text alerts box for the
iris scanner and on the electronic forms in the BAT database.
Failure to do so will prevent the biometric data from being
tied to the proper individual. Note: Only the first sixteen
letters in the text alerts box on the iris scanner is utilized
for text identification of an individual scanned.

(b)
Both eyes will be scanned. The right eye of the
individual scanned will equate to the right eye field of the
enrollment form on the iris scanner. The right eye of the
individual scanned is not the perspective of the Marine
performing the operation. This procedure will follow the same
with fingeeprinting. The right hand is the right hand of the
individual scanned, not the Marine performing the operation.

(c)
Eletronically photograph all three aspects of the
detainee (face, profile, and full body) for entry into BAT.

(d)
Enter information from all relevant hardcopy
documentation (EPW Capture Tag (DA Form 2745), Detainee
Personnel Record (DA Form 4237-R), Sworn Witness Statements
(DA Form 2823), etc.).

Ill) Detainees will be photographed (to include name and EPW
control number). One photo will be attached to the CI identity
card and one to the detainee's personnel record.

(12) Ensure that each detainee being inducted receives an
examination by a competent medical authority and that all
documentation is placed in the detainee's DPF. Security will be
provided by the DF Guard Force during the medical examination.
Detainees requiring urgent care will be evacuated to the nearest
appropriate medical facility for treatment and renain there until
well enough to enter a DF. Regardless, the detainee's

8
Enclosure (14)

UNCLASSIFIED

information will be entered into BAT. Security personnel will
remain with the detainee while they receive medical treatment.

(13) Detainees will be issued a Civilian internee identity Card (DA Form 2677-R). BAT badges or wristbands may be used instead of the before-mentioned cards.
c.Medical Authority Responsibilities

(I)
Each detainee must receive a thorough examination by a competent medical authority immediately upon induction into the DF. X competent medjeal authority is considered to be a medical officer or certified independent duty corpsman.

(2)
Medical personnel will bring a Unit 1, MOLLE medical kit,
or equivalent with them to provide adequate and efficient medical
care.

(3)
Medical personnel are not to remove any identification
wristbands or other documentation from injured detainees unless
required to do so due to medical necessity. If any documentation
needs to be remeved, these items must be given to the guard force
personnel to be placed in the detainee's DPF.

(4)
Any and all signs of illness or injury will be recorded on a chronological Record Of Medical Care Standard Form (SF 600) that will be included in the detainee's DPF. Necessary medical treatment and immunizations will be initiated and recorded as deemed necessary.

(5)
Detainees requiring urgent medical will be identified to

the guard force immediately.
e

(6) Detainees requiring segregation due to medical conditions will be identified to the guard force immediately.
0) Any sign of mistreatment ell/ be reported to the commending

General immodiatear.

4. DETENTION FACILITY OPERATIONS

a. Commander's Intent. All detained persons will be treated with dignity and respect. Units responsible for detention operations will follow applicable international law concerning humanitarian treatment of prisoners. The establishing commander is ultimately
responsible for all actions within.

9
UNCLASSIFIED Enclosure (14)

raL NARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

b. Detention nsibilities

(1)
DF OIC

(a)
'Responsible fOr the safety, security, and well-being of

all personnel (guard and detainee) housed or working within
the DF.

(b)
Ensures that all detainees are treated humanely and with
respect.

(c)
Signs every Receipt for Prisoner or Detained Person (DD
Form 629) for detainees held in the DF.

(d)
Ensuren that all DF Guard Force members have read and
understood Appendix B, Rules for Guards, prior to standing
guard watch.

Meporte any ordatziontsoms2t ol" detainees lammediate.74. to tbs
Comanding General.

(f)
Ensures proper handling, documentation and storage of all
evidence and property within the UF.

(g)
Ensures that detainee induction procedures are In
accordance with paragraph 3 on page 6.

(h)
Ensures that only official visitors are allowed access to
detainees.

(i)
The OTC will plan a daily schedule of events for the Dr,
forecast guard force manpower requirements, and list any
special instructions. This information will be published
within-die DP as the Plan of the Day (POD). Eventa to be
planned include meals, "shake-downsw, interrogations, medical
exams, transfers, and releaaes.

(j)
Ensures that a competent medical authority examines each
detainee at least every 24 hours.

(k)
Ensures that each security detainee's DPF is reviewed by
a SJA representative within 24 hours of induction.

(1] Conduct random and unannounced inspections of the

facility to verify that detainees are being treated fairly,

humanely, and in accordance with this SOP.

(2) DF SNCOTC. Assists the Dr 01O in his duties and assumes
the responsibilities of the OIC DF in his absence.

10

Enelose.re (14)
UNCLASSIF/ED

(3) DF Shift NCO/C. The senior NCO of a guard watch. Executes
the POD, directs his guard watch, and maintains all required DF
logs and documentation.

14) DF Guards.

(a)
Read and understand Appendix 11, Rules for Guards, prior
to standing guard watch.

(b)
Maintain custody, control, and discipline of detainees
under their supervision.

(c)
Conduct periodic inspections, searches, head counts, roll
calls, and bed checks.

(d)
Follow orders and instructionS given by the Dr OIC,
SNCOIC, and Shift NCOIC's,

(e)
Immediately reports any mistreatment of detainees to the
DE OIC.

c.
Formal Detainee Counts. A formal detainee count includes
verification of the identity of each detainee- Formal detainee
counts will be conducted at least twice a day, after reveille and

before taps. :Informal counts will be conducted throughout the day.
d. Escorting Detainees
(1) A ratio of 2:1 guards to detainee will be maintained for all internal DF moves.
(2) For external moves the ratio will be situation dependent.
Established,'stringent custody and control measures reduce the

likelihood of escapes. See also paragraph 1.e above.
(3) Procedures and techniques for moving detainees can be
modified as needed by the DF OTC.

e. Uniform Requirements. The OIC will determine specific uniform requirements for the facility. The commanding General's uniform wear and direction applies-
f. Access to the Detention Facility
(1) Only personnel on official business' will be allowed access

to the DF. Only the DF OIC or the DF NCOIC can grant direct
access to detainees.

(2) Visiting personnel must relinquish their weapon if contact
with detainees is requested.

11

Enclosure (14)
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I"L MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

(3)
Anyone entering or leaving the DF is subjeCt to search.

g.
Hydration and Feeding of Detainees

(1)
Detainees will have access to clean and cool/cold drinking
water.

(2)
Detainees will receive three meals per day. The meals will
consist of stripped MRE's. (Food pouches and plastic spoon only.
No pork products, accessory packs, heaters, or packing material.)

h.Nedical Treatment of Detainees. All detainees will receive •

appropriate medical care.

(1)
A competent medical authority will inspect each DF on a random basis at least every twenty-four hours to check the health and living conditions of the detainees.

(2)
see further instructions in paragraph 3.c above on page 9.

i.
Hygiene. All detainees will have access to head facilities with toilet paper, water and hand washing stations.

j.
SJA Review of Security Detainee's Personnel File. The establishing unit's SJA representative shall. review each security detainee's DPF within 24 hours of induction in accordance with CJTV­7 Frag0 749. The WA repreSentative will immediately notify the rar OIC and ostabilshing unit's comemmlinsrotticer or any t000mploto.or missing documentation required to head a detainee per this sUP.

k.
Searches

41) Detainees and their living areas will he subject to
unannouncte"shakedownsw for safety and hygiene.

(2) ft= female detainees, see tkisk search instructions in
SomixagrAph 1.af4) Above on page 2.

1. Detention Facility Documentation. The following documentation
will be maintained by each DF:

(a) DF Master Log. The journal for significant events
occurring in the DF. At a minimum, the following will be

entered:
• Details on detainees being inducted, interrogated,
transferred, or released.
• Results of formal detainee counts.

• CondUct and results of medical sick calls.

12
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UNCLASSIFIED
MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

(b)
Detainee Roster. A "by Name" liSting of every detainee
currently in the facility.

(c)
Detainee Personnel Files (DPF)

1.A DPF will be kept for every detainee. Aal associated
documentation ;statements, evidence and property records,
medical examination results, etc.) for the detainee will
be kept in this file.

2. DPF's will be segregated into three sets:


DPF's for detainees currently in cuStody,


DPFts detainees that were transferred to the Iraqi
Police,


DPF cepies for detainees transferred to the CaTF-7
Detention Facility (First Marine Division Detention
Facility only).

(d)
Evidence and Property Lag. Documents when evidence and
property is checked into and out of the DF.

(e)
Detainee Cell Manifest. hs required. Indicates where
each detainee is located within the facility.

m.
Detention Facility Reports. The following reports will be submitted by eaCh DF:

(a)
Detainee Report. Submitted to higher headquarters daily.
Each report will contain, at a minimum:


A 14.et of detainees being held


The classification of each detainee (security or
criminal).


identification of detainees have been held longer than 72
hours.

(b) Use of Force Report

1. Submitted whenever a detainee is subject to any of the following:
• Significant and intentional propelling, throwing,
pushing, or forcing of a detainee onto the ground or into another object.
• Use of restraints (flex cuffing, duct taping,
tying, etc.) above and beyond that required for
normal procedures.

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rwt MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

• Strikes with hands, feet, or any use of a Diece of
equipment/tool as a weapon. This includes '..ase of
batons.

2. The report will contain the following minimum
information:


Date/Time of Incident.


Unit Involved.


Detention facility or location.


Full names and identification/control numbers of
detainees involved-


Briefly describe incident and force used.


Were any detainees injured? If so, describe
injuries and state whether medical assistance was
necessary.


Were any friendly forces injured? If so, describe
injuries and state whether medical assistance was
necessary.

(c) Any Augn ofmistretatment or use of diendlyforoo on
detainees w111 be reported Immediately to the Commanding
General.

n_ Proportional Use of Force. Guards are authorized to use
necessary and proportional force to provide a safe and secure
facility. Guards do not have to progress through all steps of the
following continuum. However, they should use the appropriate
amount of force for the situation. The use of force continuum is as
follows:

(1)
Presence. An active guard presence will often prevent a
confrontational or hostile situation_

(2)
Shout or Verbal Persuasion. The use of key Arabic words,

such as "Riff" meaning halt or hand signals is the next step to
defusing a situation.

(3)
Shove or Defensive Techniques. Handcuffing, pressure point
applications, and come-along techniques. Getting physical to
restrain, block access, or detain.

(4)
Non-LethaI Force. The baton when applied properly to the
meaty portions of the thigh and buttocks area is non-lethal.
Head, neck, or chest shots are considered lethal and may cause
death or permanent injury.

(5)
Show weapon. Because loaded weapOns are not allowed in the
facility where detainees are located, all other optiOns would

14
Enclosure (14)

UNCLASSIFIED

13t MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

have been exhausted prior to bringing a loaded weapon into the
facility.

(6)
Shoot. Use of Deadly Force to protect life or prevent
escape.

o.
Escape Attempts

(1)
If a detainee attempts escapeo a guard tower will shout
"Halt" or "RIFF" in Arabic, three times, before engaging his
target_ Warning shots are not authorized.

(2)
In the event detainee breaches the outer perimeter of the
DF, the nearest headquarters will be notified immediately.
Additionally, all perimeter guards will be informed of the
escape. A (2RF may be dispatched by higher to apprehend the
escapee.

P• Interrogations

(1)
Only the DF °IC or the DF NCOI° can grant direct access to
detainees. See also paragraph 4.f above.

(2)
Guard personnel will always escort detainees to and from
the interrogation room/area.

(3)
Competent medical personnel will perform a cursory medical
examination of each detainee before and after each interrogatiOn.
Results of each medical examination will be maintained in each
detainee's DPF.

(4)
The OF-6'1:lard Force personnel will make an entry in the DF
Master Log to record: who was interrogated, by whom, and the
date and time of the interrogation.

f5) Interrogations by Non-l't Marine Division OrganiZations

(a)
The interrogation of rt Merino =visite detainees by
outside DS and coalition agencies will be allowed, however,
tbw VW' establishing commander will be notified prior to the
start of the interrogation.

(b)
If an outside agency requires that the detainee be
removed from the Dr, the removal will be treated similarly to
a detainee transfer.

1. The outside agency will sign for the detainee

utilizing a Receipt for Prisoner or Detained Person (DD
Form 629).

15

Enclosure (14)
UNCLASSIFIED

UNCLASS/F1ED
1°1' MARD/V DETAINEE HANDLING AND DETENTION rricILITy SOP - 17 FEB 2D04

2. The detainee's original DPF will not be given to

Outside agency. A copy of the DPF will be provided if
requested.

3. If the outside agency returns the detainee to a
Division Unit, another medical examination will be
performed and the results will be documented in the
detainee's DPF.

(c)
APY signs of injury w1/1 he repo.rted ta the ansanntfing
Giannral immediate/y.

q.
Visits by the International Committee of the Red Cross

(1)
Coordination. International committee of the Red Cross
(ICRC) will coordinate with Civil Affairs for requests to tour
Dr's and speak with detainees to determine conditions at
facilities.

(2)
Facilities. Bach DF will make a roOm available for 1CRC
personnel to talk with detainees.

(3)
Verification. The DF OIC or DF NCOIC will verify /CRC
members before allowing them to enter the facility. Civil
Affairs should he able to verify.

5. DETAINEE TRANSFERS

a. Division Detention Facility Transfers. Detainees will normally
be transferred from a local Detention Facility to the 18` Marine
Division Detention Facility within 72 hours of induction. The
Commanding General can grant an extension past 72 hours If the
detainee is Providing valuable intelligence information.

11) The local Dr OIC will notify the apprehending unit before
transferring a detainee to the 1st Marine Division DetentiOn
Facility.

(2)
The original detainee DPF and all evidence and property
will be transferred to the Marine Division Detention Facility.

h.
Transfers to CJTF-7. The /It Marine Division Detention Facility

Will transfer all detainees to the CJTF Detention Facility within 14
days of the detainee's initial induction. HVD's are to be
transferred as soon as possible to CJTF.

(1) The OIC of the 1st Marine Division Detention Facility will

notify the Division G-2 befOre transferring a detainee to the
CJTF Detention Facility,

16
UNCLASS1F/ED Enclosure 414)

1" MARD/V DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004

(2)
The original detainee DPF and all evidence and property
will be transferred tc the CJTF facility. The 1" Marine Division
Detention Facility will retain a copy of the detainee's DPF.

c.
Transfers to 'Iraqi. Police. Criminal detainees suspected solely
of crimes against Iraqis will also be transferred from DF's to local
police authorities.

(1)
A copy of the detainee's DPF and all evidence and property
will be transferred to the Iraqi Police. The transferring
Detention Facility will retain the original DPF.

(2)
The DF OIC will verify that no information is provided to
the Iraqi Police that would violate US privacy acts. (i.e. No
Social Security Numbers, home contact information, etc.) Any
such information is to be made illegible on the copies provided.

d.
Common Transfer Procedures

(1)
DF Transferring the Detainee

(a)
The DF and it's establishing command transferring the
detainee are responsible for all transportation and security
between facilities. See also paragraphs 1.e and 4.d above.

(b)
The DF OIC will brief escort personnel on their duties
and responsibilities, including procedures to be followed in.
case of an escape attempt, death of detainee, or another
emergency.

(c)
The DF olc will ensure that a competent medical authority
has conducted an examination of the detainee just prior to the
transfer5.and that the examination is recorded.in the
detainee's DPF.

0) The DF OTC will ensure that all detainee documentation,

evidence and property is prepared and ready for

transportation. Additionally, either a floppy disk or

"thumbdrive", containing the detainee's BAT information, Will

be provided to the receiving DF.

(2)
DF Receiving the Detainee. The DF receiving the detainee
will follow the instructions for induction in paragraph 3 of this
SOP, DETAINEE rNDOCTION. This includes making the appropriate
entries in the BAT database documenting the transfor.

(3)
Detainee Responsibility. Responsibility for the detainee
is only transferred to the receiving DF upon issue of the Receipt
for Prisoner or Detained Person (LID Form 629).

17

Enclosure (14

)
UNCLASSIFIED

1.5t MARDIV DETAINEE HANDLING AND DETENTION FACIL/TY SOP - 17 FEB 2004

6. DETAINEE RELEASE

a. Authority to Release

(1)
The apprehending unit's commanding officer can authorize a
security detainee to be released while at a local DF.

(2)
A detainee held at the 1st Marine Division Detention Facility, can only be released by the commanding General. The Division WA, C-2 and G-X will provide inputs to the Commanding General on the disposition of detainees. A detainee held for longer than 14 days must be tranaferred to the CJTF Detention. Facility.

b.
Release Procedures

(1)
The DF OIC will notify his establishing command's intelligence section (S-2/G-2) and the original apprehending unit of the detainee's pending release prior to informing the detainee. Sufficient time must be provided for the use of eUMINT/SIGINT collection assets dering the re/ease process, if necesaary. (e.g. MI may attempt to intercept other detainee's attempts to pass information through the released detainee.)

(2) The released detainee will be given a choice where he wishes to be released. Every effort will be made to accommodate
his request. (The ideal release has the former detainee taken
home and released in the presence of family or local police.) .
The DP Ofc will again notify hie establishing command's
intelligence section (S-2/G-2) and the original apprehending unit

of the detainee's release point and estimated release time.
(3) The Dr oic will ensure that a Competent medical authority has condlibt'ed an examinatien of the detainee just prior to release and that the
examination is recorded in the detainee's
DPF.

(4) The detainee will receive all personal property that can be

released. The detainee will receipt for the property using the Evidence/Property Custody Document (See DA Form 4137).
(5)
upon request, the DF OIC will give a receipt for any other evidence/property that cannot be returned to the detainee.

(6)
The DF OIC will verify that no information is provided to detainee that would violate

VS privacy acts. (i.e. No Social
Security Numbers, home contact information, etc.) Any such information is to be made illegible on any documentation provided to the detainee.
18
UNCLASSIFIED Enclosure (14)

UNCLASSIFIED
MARD/V DETA/NEE HANDLING AND DETENTION FACILITY SOF - 17 FEB 2004

(7)
The DF OIC will verify the Identity of the person to be
released.

(6)
The DF and it's establishing command releasing the detainee
are responsible for all transportatiOn and security during the
release. See also paragraphs 1.e and 4.d above. The detainee
will be released in a dignified manner and with an apology, if
appropriate.

(9)
The releasing team will report back on the location of
release, time of release and any other information

(10)
The release will be documented in the EAT system.

(11)
The detainee's DPF and any evidence/property not returned
to the detainee will be turned over to the establishing command's
intelligence section (S-2/G-2).

19
UNCLASSIEIED Enclosure (14)

DOD FINAL
19 7
DOD 57784
7. ABBREVIATIONS

BAT Biometric Analysis Tool
CPA Coalition Provisional Authority
DF Detention Facility
DPF Detainee Personnel File
EP* Enemy Prisoner of War
NVD High Value Detainee
ICRC International Committee of the Red Cross
MSR Main Supply Route
NGO Non-government Organization
M/ Military Intelligence
POD Plan of the Day

8. INDEX

BAT, 6, 8, 9, 17, 19, 20 DF Master Log, 8, 12, 15
Biometric Analysis Tool (See DPF, 7, 8, 9, 10, 12, 13, 15,

BAT) 16, 17, 18, 19, 20
Black List, 1 EPW, 1, 4, 6, 8, 20
Chronological Record Of Medical EPW Capture Tag (See DD Form
Care Standard Form (See SF 600) 2745)
Coalition Provisional Authority Evidence and Property Log, 7, 13

(See CPA) Evidence/Property Custody
CPA, 1, 2, 4, 7, 20 Document (See DA rorm 4137)
CPA Apprehension Form, 4, 7 High Value Detainee (see )(VD)
Da Form 2823, 4, 7, 8 HVD, 1, 2, 16, 20
DA Form 4137, 4, 7, 18 ICRC, 16, 20
DA Form 4237-R, 8 International Committee of the
DD Form 2745, 4, 6 Red cross (See ICRC)
DD Form 629, 7, 10, 15, 17 Plan of the Day (See POD)
Detainee Cell Manifest, 13 Medical, 6, 9, 12
Detainee Personnel,File (See POD, 10, 11, 20

DPr) Receipt for Prisoner or Detained
Detainee Personnel Record (See Person (Sea DD Form 629)

DA Form 4237-R) SF 600, 9
Detainee Report, 13 Sworn Witness StatementS (See DA
Detainee Roster, 8, 13 ram 2823)

Detention Facility (see DF) SJA, 5, 10, 12, 18
DF, 3, 4, 5, 6, 7, 8, 9, 10, 11, Use of Force Report, 13
12, 13, 15, 16, 17, 18, 19, 20

20

Enclosure (14?
UNCLASSIFIED

13t MARDIV DETAINEE HANDL/NG AND DETENTION FACILITY SOP - 17 FEB 2004

APPENDIX A: RULES FOR DETAINEES

RULE 1: You will obey all written and verbal orders from all American
military personnel.

RULE 2: You will immediately sit down and place your hands on your

head with fingers interlocked whenever you hear three whistle or horn

blasts or the word "Halt'. The Marine guards are authorized to use

force, up to deadly force, if you do not obey this rule.

RULE 3: You will not interfere with, threaten, or harm any American

military personnel.

RULE 4: You must have your capture tag and wristband or badge in your
possession at all times.

RULE 5: You will keep your body and your living areas clean. You will
only urinate or defecate in designated areas_

RULE 6: You will not attempt to escape. The guards are authorized to
use deadly force if you attempt to escape.

RULE 7: You will not leave your fenced-in living area, or move past

designated boundaries, without an escort.

RULE 8: You will not fight with, or physically harm, any other detainees. If at any time you fear your life is in danger or that you may suffer physical injury at the hands of other detainees, you are to report this immediately to a guard.
RULE 9: You will not steal or take food, medicine, clothing,
blankets, or any personnel items from any other detainee.

A-1 UNCLASSIFfED Enclosure (143
DOD FINAL
199
DOD 57786
APPEND/X B: RULES VOR GUARDS RULE 1: Treat all detainees, no matter what classification, humanely and with dignity and respect.
RULE 2: Respect. religious observances. (Muslims may pray up to five
times a day in their cells.)
RULE 3: Treat all medical problems seriously and report all known
problems to medical personnel Immediately.

RULE 4: Do not talk to detainees unless in the line of duty.
RULE 5: Do not make premises to detainees or tell them when they will
be released.

RULE 6: Do not make obscene gestures or derogatory remarks.
RULE 7: Do not accept bribes or gifts from detainees.
RULE 8: Do not show favoritism or fraternize.
RULE 9: When using force against detainees, use necessary and

proportional force that is appropriate for that situation. Ali use of

force will be documented on a Use of Force Report.
RULE 10: A/1 guards are subject to the UM' for violations of the
Geneva convention, these rules, and any mistreatment of detainees.

RULE 11: Failure to report mietreatment of detainees is punishable as
dereliction of duty under the OCHJ.
RULE 12: Photographing, filming, or videotaping detainees or the DP,
for other than.dfficial purposes Is strictly prohibited.
RULE 13: Guards posted in a holding area, in direct contact with
detainees, will not have a weapon. This precludes detainees from gang
rushing a guard and acquiring a loaded weapon.
RULE 14: Only personnel on official business are allowed into the DF.

RULE 15: Only the DF OIC and DF NCOIC can grant visitors direct access to detainees.
RULE 16: If a detainee attempts escape outside a secured area, Shout "Haltm or "RIFF' in Arabic, three times, before utilizing deadly force. warning shots are not authorized.
B-1

Enclosure (1 0 )
UNCLASSIFIED

UNCLASSIFIED
NARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004
APPENDIX C: CPA APPREHENSION FORM
ATTACKED SEPERATELY

C-1
UNCLASS/F/ED Enclosure (2.4)

UNCLASS/F/ED
MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2084
APPEND/X D: SWORN WITNESS STATEMENT (DA FORK 2823)
ATTACHED SEPERATELY

b1
-
UNCLASSTFTED Enclosure (14)
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CM/112MM=

DOD FINAL
2 03
DOD 57790
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UNCLASSIFIED
MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP

17 FED 2004

-

APPENDIX E: EPW CAPTURE TAG (DD FORM 2745) (BACK)

E -2

Enclosure (10

UNCLASSIFTED

DOD FINAL
2 04
DOD 57791
APPENDIX EVIDENCE/PROPERTY CUSTODY DOCOMENT (DA FORM 4137)

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F-1

Enclosure 1 4 )
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1st MARDIV DETAINEE HANDUNG AND DETENTION FACILITY SOP - 17 FEB 2004

APPENDIX G: DETAINEE PERSONNEL RECORD (DA FORM 4237-R)

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Encloeure (14)

UNCLASSIFIED

UNCLASSIFIED
MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP — 17 FEB 2004

APPENDIX G: DETAINEE PERSONNEL RECORD (DA FORM 4237—R) (BACK)

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G-2 UNCLASS/FIED Enclosure (14)
UNCLASSIFIED
111 MARDIV DETAINEE HANDLING AND DETENTION FACILITY SOP - 17 FEB 2004
APPEND K H: CHRONOLOGICAL RECORD OE MEDICAL CARE (SF 600
HEALTH RECORD i
CHRONOLOGICAL RZCORD OF MEDICAL CAPtI
DAT! SYMPTOMS, DIAGNOSIS, TREATING ORGANIZATION (Sip: each Imlay)
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DepARTAERvia HADENIIPCATiON NM
H-1
UNCLAZSIFIED

Emc1osure (14
APPENDIX H: CHRONOLOGICAL RECORD OF MEDICAL cARE (SF 600) (BACK)
DATE symrroms, DIAGNOSIS. TRF-ATING ORGANIZATION (Sign each eutry)
-BELOW PORTION TO BE COMPLETED BY MEDICAL surE

PHYSIICAL APPIAHANCE atm. well roam). 05 00 Itimem,samathg. (Y) (N) Imam, /sway gawks. Expoome le UmbertoForm.
00 04.OD 04

Body dribtaaltat er) (N) Tafssuaims CY) (N) Oda, Imam Imisma (Y) (PC) Canna...mat Phys. Dais: _ --_
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11.11 ( ) ( ) Exporiviramg balhocisariarr, dollaimm ar kali** apart:bora
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( ) (.) arobre.beak frenoffirr reteduare
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Recommasscird ryas of werwernew ( ) Nomad ( )Soliiiry ( )06er -explain:

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Datarrain ark/rowboat tamemottod to acapord mcipmco'b dram
libction Coetrol momaamodatioas
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H-2
UNCLASS/F/ED . Enclosure (14)

.
APPENDIX CIVILIAN INTERNEE IDENTITY CARD (DA FORM 2677-R)
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DA FORM 2677-R. INIOV 116 EDITION OF AVG 63 IS ODSOIATE.
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I-1 UNCLASSIFIED Enclosure (140
DOD F I NAL 211
DOD 57798

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7108
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63