Formica Report Annex 1: Memo for Brigadier General Richard P. Formica, Commanding General, III Corps Artillery: Appointment of AR 15-6 Investigating Officer

<p>Appointment of Brigadier General Richard P. Formica as an investigating officer to &quot;conduct an informal investigation into allegations of detainee abuse occurring while detainees were under the control of [redacted] and were detained at [redacted] near Baghdad.&quot; Memo also orders BG Formica to &quot;specifically examine the procedures and facilities used for detainee operations within [redacted] in order to determine whether there has been compliance with regulatory and policy guidelines established for detainee operations in Iraq.&quot;</p>

Non-legal Memo
Saturday, May 15, 2004
Thursday, June 29, 2006

HEADQUARTERS mULTAATIONALFORCE- IRAQ MAGICAL% IRAQ APO Pi 01242-1400 REPLY TO ATTENTION OF MNFI-CG 15 May 2004 MEMORANDUM FOR BG Richard P. Formica, Commanding General, Ill Corps Artillery SUBJECT: Appointment of AR 15-6 Investigating Officer 1. You are appointed as an investigating officer to conduct an informal investigation IAW AR 15-6 into alt the facts and circumstances surround a ations of d abuse occurrin while we de the ntrol d were detained at near Baghdad, Iraq. Specific incidents are detailed in the attached materials (an interim report of an investigating officer and two attached sworn statements). However, if you discover any other allegations of detainee abuse, you will notify me immediately, and then proceed to investigate the additional allegations. 2. In addition to investigating the issue of whether detainee abuse occurred, you wil examine ures and facilities used for detainee operations within order to determine whether there has been compliance with regulatory and policy guidance established for detainee operations in Iraq. As part of your investigati will es has command and control over detainee operations w' Should ou h any questions as to the scope of your investigation, you may contact CO teff Judge Advocate, ill Corps and MNC-I, for clarification. 3. Your investigation will run concurrently with an investigation being conducted by the o insure your efforts do not hinder or interfere with th estigation u will, in accordance with AR 15-8, paragraph 1-4d, coordinate with LT' ommander, 22d Military Police Battalion (CID), prior to 491 initiation of your investigation. Such coordination will focus on deconfaction of investigative efforts. Your legal advisor canenv e you with additional guidance on the interplay between your investigation and th estigation. 4. You will use the informal Investigation procedures detailed in AR 15-6, paragraph 4-7 at seq. You will make specific findings of facts that are supported directly by the documented evidence or reasonably based upon circumstantial evidence. Based upon all factual findings and conclusions, you will make recommendations on all relevant issues you identify in the course of your Investigation. 5. if, during your investigation, you suspect that persons you intend to interview may have violated any provision of the Uniform Code of Military Justice (UCMJ) or any other • Ripon - Annex 1 DOD JUNE 2750 DOD056566 HEADQUARTERS MULTINATIONAL FORCE - IRAQ BAGHDAD. IRAQ APO AS 0s342.1400 criminal law, you must advise them of their rights under Article 31, UCMJ. Rights warnings and waivers will be documented on DA Form 3881. If during an interview you begin to suspect criminal conduct on the part of the witness, you must stop the interview and advise the individual of his rights under Article 31, UCMJ. 6. If during the course of your investigation, it becomes necessary to interview any person who is not a member o U.S. Armed Services, or a U.S. government civil 6(0 taiiimp nor to interviewing U.S. citizens serving as contractors, citizens of countries nt, you will contact CO or further guidance. You should contact of COL o er than the U.S. serving as contractors, citizens of Iraq (to include detainees) or third countries, and members of foreign militaries. 7. Whenever possible, witness statements will be sworn and recorded on DA Form 2823. if you conduct any witness interviews telephonically, you will prepare a memorandum for record memorializing the interview. You will use DA Form 1574 to prepare your report. Include with your report all documentary evidence, sworn statements, and other information or evidence you considered as a basis for your findings and recommendations. Submit the original report to me no later than 15 days after your receipt of this memorandum. Any requests for extension must be in writing. 8. 62 • n his date, I e inat your men o co • this investigation w EN John Ablzaid, Commanding General, USCENTCOM, and secured his approval for this action. 9. Before proceeding with the investigation, you will coordinate with LTC 1111100SJA, Ill Corps, who will serve as your legal advisor. 41/0111101.111101* End RICAIDO S. SANCHEZ as Lieutenant General, USA Commanding iNECREIWNOFORtirFannios Report -Annex 1 DOD JUNE 2751 DOD056567