Formica Report Annex 119: AR 15-6 Investigation into the Death of Iraqi Detainee

HEADQUARTERS Multi National Corps-Iraq CAMP VICTORY. IRAQ APO AE 09342-1400 . • 11141.Y TO * ATIP111011011: 6 June 2004?MCI-BCC-7A MEMORANDUM FOR COMMANDER, FFA and MNC-I Effects, C.ansp Victory, Iraq, APO AB 09342-1400. SUBJECT: 15-6 Investigation into Death of Detainee (11111111111.1 1. Pupas,- To provide an executive summary of the enclosed 15-6 investigation. 2. Findings. The following e most significant findings: -Detained on 22 DEC: intoxicated -Three-Day Stay at 2-3 to be mentally challenged, repeatedly took off his clothes and defecated on occasions; he was often ram with his pants around his ankles • -25 DEC: 501 FSB for Interrogation: Aide Station temperature, shallow respiration, and weak cardio rhythms; he had was moaning to himself -26 DECIlliair lifted to...where he died due to total cardio failure 3. Cendasion. That was no evidence of misconduct or maltreatment. radid have some healing abrasions on his shin and' on his shoulders and knees. The report of the 15.6 zit . states that the treating doctor (C said that the abrasions and bruises did not appear to be recant. Haweves, the doctor's AB Y) simply notes the abrasions and bruises. The doctor's statement is silent as to wheat these injuries may have occurred. 4. The POC for this memorandum is the undasi 1 End b( as tam, 3 Advocate ) M Corps Ardllery/MNC4 Effects ----4111GRETIMFOIDIJN- Formica Report -Annex 11. DOD JUNE 3120 • DEPARTMENT OF THE ARMY HEADQUARTERS, 1sT BRIGADE, 1sT ARMORED DIVISION UNIT 21104 APO AE 09074 BAGHDAD, IRAQ AETV-THN-CO 31 December 2003 MEMORANDUM FOR MM 1* Brigade, 1* Armored Division SUBJECT: Appointment of AR 15-6 Investigating Officer 1. You are hereby appointed as an investigating officer pursuant to AR 15-6 to conduct an investigation into the circumstances /mounding the death of a detainee, into custody byelland transported to the 501 * FSB Detention 3. 2. In your investigation, all witness statements will be swam using DA Form 2823. You will examine all circumstances leading up to and surrounding the incident. You should determine whether proper measures were taken by all individuals involved to ensure the physical safety and care of detainees and to provide necessary medical treatment of detainees in accordance with the Geneva Convention and all established orders, regulations and SOP's. 3. If at any time you discover that the completion of year investigation requires examining the conduct or performance of duty of or may result in findings or recommendations adverse to, a person senior to you, you will report this fact to the appointing authority. 4. If at any time you suspect any person of criminal misconduct you must advise that person of his Article I Fifth Amendment tights as appropriate. Document rights waivers by witnesses on a DA Form 3881, 5. Prior to beginning your investigation you should contact your legal advisor,•PT1111111 11111111pocated in the Brigade Headquarters at DNVT 551.7634, 6. Your findings and recommendations should be submitted on DA Form 1574. Submit yourinvestigation to me in the following order: a. DA Form 1574 with sufficient findings and recommendations; b. This letter of appointment as Enclosure 1; c. An executive summary of the facts as Enclosure 2; d. Your chronology as Enclosure 3; Repot •iVVox 110 DOD056937 3121 • # AErV-THN-CO 31 December 2003 SUBJECT: AR 15.6 investigating Officer Appointment e. Any Privacy Act statements as subsequent Enclosures; E An index of exhibits as the final numbered Enclosure; and g. All exhibits labeled in successive order (A, B, C, etc.). 7. This investigation and all accompanying door on will be returned to me no later than 03 January 04. b4.0 •0 1\ Fonnies Repot -Portia 11$ WORT OF 1110O101102$ IT IMODITIOA1110 OFFICERNOAID OF OFFICE= reread eighee.m4d1 trAl•PIONAMogigigat lt ACM SPACE SS MUMS, IN RUNG OUT ANC PORTION Of 27118 FORM anal ANXIWN4L 8112213 I • APPOINTIME IMMO Appoked by COL la ;Armored Brigade Commaidet 140mieder aderby) • 31 December 2003 on Wad Masan 1: Lem. ef srpoionae tff saiftry torsi qrsillImil demi 06.1 pre 141 Al 1$4J Mem SECTIONS -MUM 'Tea onammesej aver* COMTMSCId IC 1St Armond Brkarle. Baghdad. kat; 14 [000 (ASV Med 01 )wary 20040 at Sfe,beredWee ea t )1te ewe am Ns mum. deet kw 0 . Jam ft at WNW dit See NCR swiss bps ma OMwad, she pi" plasm paint adalswg ad agisariee of eiremiess. 00,4 The IbEeMed Palm 60•61". AnPlishilL "1.11.1) —t pawn Wele eras sae Same sped% As.. frailest. 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A4 rem Mt Mr Si lanlitirlithill01111611111r1P4M111" Repot -Annex flB DOD JUNE 3126 DOD056942 DEPARTMENT OF THE ARMY HEADQUARTERS, 1' BRIGADE, i ARMORED DIVISION UNIT 21104 APO AR 09074 • AETV-THN-HC 07 January 2004 MEMORANDUM FOR RECORD SUBJECT: Investigative Report for death of detainee,11.11111111111P IAA 1. Purpose: I, MAI death ofan Iraqi detainee, inted as the investigating officer for the and submit the following report. iptto) 2. Summary: detained on 22 December 2003 after C/2-3 FA •conducted a on m ursuant to gathered intelligence. 1111111nusreportedly intoxicated and, aggressive, not folly compliant to instructions.11111111111had to be misted on to the 5-ton which took the detainees to the 2-3 FA 19 Lk) Detention Center. During the approximate three daysalllikent at the 2-3 FA Detention Center, he appeared to be mentally challenged, naan 'Silting as though be Wagdinin the can. continuously would remove his clothes and defecated in hispants twice. Though many attempts were made toinstruct leave his clothes on he was often seen with his pants dropped down to his anIdes to well es all the • detainees at 2-3 FA Detention Center, was seen twice a day by medical pommel One of the interpreters for 2-3 PA is an Iraqi MD who also examined the detainees during thetime ofaillnietention b. On 25 December 200311111111kmd the rest of the detainees from 2-3 PA Detention Center were transported to SOL FSB Detention Carter for interzogetion bybrigade intelligence personnel. Upon arrival at 501 FSB Detention Centers/Mk tv appeared to have little response to stimuli; boweva, he was breathing and making moaning samds.111111.was taken to the 501 FSB Aide Station were it was determined he had a low body temperature, shallow respiration, and weak cardio rtrythins. The medical staff attempted to miseall body temperature and improve his respiratoryand cardio symptoms, c. Approximately 0100, 26 December 2003, AMP' was air lifted to 28 111CM were he received fir:thew treatment in attempts to improve his condition. AMRlater died due to total cardio faihre. The 28Th C.SH repotted1111.1r s death to the 501FSB at 260600DBCO3. 3. Findings: Ager intervi involved in the incident • and acamining statements fivra many individuals found no evidence of misconduct or • • maltreatment. 11111111110snedical care record states he had healing abrasions on his shinand bruises on his shoulders and knees. When interviewing CPT1111111111vho treated allishe stated the abrasions and bruises did not appear to be meant Ludy, manydetention center guards seemed to discover for themselves thatiMPIPms actingstrangely. DOD JUNE • AETV-THN-HC 07 homy 2004 SUBJECT: Investigative Report for death of detained...1M 5. Cls onology of Events: See Enclosure 1. 6. List of Exhibits: See Enclosure 2. :* End 1, Chronology of Events 11111.111 End 2, List of Exhibits igso) MAL SC IS-6 Investigating Officer lb rondos Report Annex 119 - DEPARTMENT OF THE ARMY HEADQUARTERS. 2ur's BATTALION, 3R° MELD ARTILLERY ADEAMIYA. BAGHDAD. IRAQ APO AE 09324.2856 AETV-TFK-A-S3 27 Decanber 2003 MEMORANDUM FOR RFCT S3 SUBJECT: Commanders Incident Report: Death of a Local National 1. REPORT MADE BY: a. Rank: CPT bUS') b. NantetWer c. Duty -3 d. Unit: HHB/2-3 FA 2. TYPE OF REPORT: CIR • 3. TYPE OF INCIDENT: Death of a Local National while in Custody 4. DTG OF INCIDENT: 26_ fUnknowkilinel CDECO3 5. LOCATION OF INCIDENT: MB 401 929 (Zone 18) 6. UNITS INVOLVED: HHB/2-3 FA 7. UNIT ADDRESS (Current Location If deployed): 411011.11.MB397974 8. LIST OF PERSONNEL INVOLVED: a. ttClf Fligge ) rq tainee (2) (3) MALE (4) (5) Died of pneumonia (as reported by Brigade S2 Update Brief, 270900CDECO3) 9. NARRATIVE: On 22 DEC 03, at 1830, C Btry detained 9 local nationals sun d to have 1, 4 (.4:1) ties to an IID attack earlier in the day. He was detained at a • • An informant had pointed all nine suspects out to the penal. w extreme y iptIfJ • '41MICRETINIOFORINFc\ FA; 614 G C., Foal** Report -Anew 119 DOD JUNE • intoxicated upon arrival to the 2-3 PA FOB. He 1 in the Detention cell located on the FOB. After questioning him it was that psychologically unable to b( o) provide useful information. spent the majority of his time in detention on a bus. This bus is used to shelter KM detainees during periods of inclement weather. Wally, the detainees were provided wool blankets for warmth which included 6OA On numerous occasions U.S.. Army Medics checked alt the detainees for sires injures or illnesses. defecated in his pants so he was provided with dry pants on two separate occasions. rigade requested to speak with him for recede information we informed them he would be useless for intelligence purposes and we recommended his release. This was based on his initial interview and the fact his other family members stated he was taken to the psychologist nun times, d us that because of his relationship as the 1.469h brother o at they still wanted to talk with him. Before all the b(-40 a w another detainees on December at 1200, the medics t li e r screening to mm u all the detainees were in good health; this included ho was in good condition. The Battalion TOC was notified on or about 2200 hoes on 03 by CPT ki, ‘4, was sent to the 2116 CSH for medical treatment and that his Prognoses wu t y 1500 hours on 26 DEC 03 the Brigade XO notified the Battalion XO that wa dead and the an autopsy would follow. 10. TIME UNIT COMMANDER WAS NOTIFIED: 26 DEC 03 11. UNIT COMMAPIDER:I.T011111. 2-3 FA CDR b(h) • 12. DRUGS OR ALCOHOL INVOLVED: No (US); yes deceased local national was drunk when he was detained. 13. ESTIMATED COST OF DAMAGE: LINK. 14. COMMANDER'S EVALUATION AND OTHER COMMENTS. a. IMPACT ON OPERATIONAL READINESS: None. b. INDICATE COMMANDER'S JUDGMENT OF CAUSE: The Detainee had a pre­existing condition that could not be detected by medical personnel on site. 15. ACTIONS TAKEN BY UNIT COMMANDER: The detainees was placed In a guardedbus during inclement weather periods to provide a heated environment. As a result of increased inclepcuriveather. :roof and a forced air heater were added to the detention cell in order todiscontinue the use of the bus. 16. AUTHENTICATION and POC: CPT 00 DNVT 444 *polo *A: Ron** Repoli -Annex 11$ 3130