Formica Report Annex 121: Army Memo re: Report of Commander's Inquiry Findings

<p>Report on an AR 15-6 inquiry into treatment of a detainee captured by a SEAL team in January 2004. This is the conclusions and findings of the investigator. Several soldiers state that SEALs performed a battlefield interrogation, during which &quot;one of the SEALs used his foot to keep [the detainee] down.&quot; The detainee was also surrounded by a group of military personnel who kicked him at multiple points during the interrogation. A Specialist reports hearing the detainee &quot;yelling in pain.&quot; Soldiers report seeing bruises on the detainee's forehead, eye, and chin after SEALs handed him over to SHTF guards. In another incident, when a soldier &quot;tried to remove the zip ties on the detainee, [the soldier] moved and the knife cut his hand.&quot; Documents do not include conclusions of investigation, only summarized findings. Attaches memo appointing First Lieutenant as Investigating Officer, dated January 31, 2004.</p>

Wednesday, February 4, 2004
Thursday, June 29, 2006

DEPARIMEMT OF THE ARMY Inudeuerwra. nr trrlelaoaage Parnahuls Mang Mahood . SU Airborne Okisisa APO Ag araat onn.ri* arnanan AFVC-CC 4 Febousry 2004 ta'afijA MEMORANDUM THRU Coaunadp0(3d ice, SOS* Parachute Infantry Regiment, g2d Airborne Division, APO AE 093 MEMORANDUM FOR Commander, 503' ParachniA Infantry Regiment, $24 Airborne Division, APO AE 09344 SUBJECT: Report of Comimulderie Inquiry 1. GENERAL. On 31 January 2004.1 w=teddnimii into the y d: conduct amuma 11111101ccsurft lovatethe 4uthned beiuldrgmy=s and recommendations. 2. FINDINGS. a. On or about I 80200.1anuary 2004, SEAL Tem detained 111111111110...11111 110 based upon intelligence that he was the brad of a terroristaim=hr atMelcs • immoimagainst coalition forces. La3R411111110.110 the SEM.the raid, stated that tried to resist beim captured on 0: =6 1 and that form was neeernary to detain him (TAB 13). Upon bringing hint to 01111., tbe detainee was him outside and e battlethski interrogation was performed in an attempt to acquire information on %Awn enedssr ACF !umber was loaned. AP five or six am gathered around the detainee utile as was being . The detainee kept hying to gat up and move amend, and oneof the SEAT.e used his foot to keep him down (TAB B). b. Snell* was on pard in the SHTF at the time thataIMIERIMMME. was bw brought in by the SEALS. He related tint the SEAL* needed to ask the detainee same ) ations• and SPCOMPrecommended the holding arse outside the PUC amt. SPC Iiimtook them oat to tbe bolding area, and watched as they threw the detainee on theAbout four or five SEAL: surrounded the PUC, and ono SEAL kneeled by Me=les head. abhfta red light on a piece diaper vninen in Arabic. Whine the kneela'ng soldier asked the detainee questiens. the other SEALa had Swaim lights shined on the detainee.. Whoa the rasa irnerrogsting received eo response to hisnr,. lhe order was given to turn off the lights. At tbat point all of the men anyoun the detainee began to kick him. Alta about ten seconds, when the detainee began moaning and sounded short of breath, the SEAIn again turned their SureFire lights onto thedetainee. When the soldier interrogating amain received no response, the lights wereagain shut oft; and the detainee WO kickedagain. At that point SPOIIII...walkod bockinto the PUC tent (TAB GI. Ono, inside, be saw a SEM. filling out a CPA mca • Apprehension Form on the detainee (TAB D). c. maim the overall NCOIC of the SHTF, showed up there alter the SEAL s had already arrived. As be walked towards the PUC tent, he saw a PUC on des ground surrounded by a group of military personnel. As he walked by, he beard someone speaking Arabic to • .1 DOD056980 SO the PUC and heard the PUC say "No mister* several times. He then heard rounds tint he described was as if someone had weight put on him or wasbeing punched. Once insidethe tent, he heard more of nine he thought were Arabic words being spoken and heardmore sounds similar to what he described before (TAB E). d. SPC OMR the NCOIC ofthe current shift in the SHTF, was aso in the PUC test at the time. He beard someone ask a question in Englida, followed by another manmain aquestion in Arabic. After the detainee replied, SPC heard body contact foWwby the detainee yelling in pain. He walk/dotal& to me what me gm; on. lie saw aSEAL pulling security on the detainee. When SPOSIIIIIIIPasked whet they were doing.the SEAL replied that they were interrogating him (TAB F). e. PV2 ran also on duty in the SHTF when 11 —1i was brought in. After the SEALS took him outside, he describes noises dm Needed Wm moaning coming from detainee. The statements of spwarl end PV24111111111111reinforce the testimony of Snell, E After the SEAL: handed the detainee over to the SHIT nerds, MOW Moo that be saws bruise on the detainee's forehead (TAB E). S mimes that be saw bruises on the detainee's forehead, one eye, and the side able chin. The braises did notlook bad enough for medical nature* end they gradually faded before the detainee wastaken to the Division Interrogation Facility(DIF) on 27 binary (TAB."). g. While PV241/88NINk tried to remove the sip the oe the detainee, the4111111) moved and t he knik cut his head (TAB E, F). The &Aimee was taken a) the aid station, where SPC411¦11111111111 trusted the injury (TAB H, 1). h. At approximately and medical on Jammuy 18, PFC the head SHTF inpro=dic. Vint to SHI7 llyDetainee Medical Work Sheet (T I). As per the adding SOP, after ;alarming somebade medical checks andasking basic questions, PFC asked the detainee ifanything was medically or physically wrong with him. The detainee shook his heed nobut did not respond verbally (TAB 1). Under the SOP at the tine, if the detainee did notstate that something was wrong with him, the detainee's entire body was not eatemkied. i. 4.1111111•11111811111111111 was held in the SHTF from 18-27 Inman% stated that, to the best of his knowledge, nothing unusual occurred on the o would warned unusual use of force on the detainee. Also, be mined that to tee best of his knowledge no other agency signed out the detainee while he was intik*. custody(TAB IC). I confinned this by mounisting the SHTF sign out logs (TAP Interrogator satiGI tated waved aspgallt S j. Mi ' s sta wted that no as used on die detainee arnmg(TAB k. On 27 Januarylibelbservod as the NCOIC for transporting the detainee to the DIF.He stated that during the movement to the DIP, no force was used against the demisters (TAB N). • I. arrival at the DIF, SPOidlve a medical exam (TAB O)tjaSPOIllagimnoticed large Weft on both of the detainee's 11 11111,1111 — cigarette bum on his am. ILTIIMINpwrote a sworn statement on hand, and a possiblethe condition of the detainee (TAB P) and had S pictures taken of his injuries {TAB 42). N-iminurattbreitti--- DOD JUNE DOD056981 ), (.6)(0) 3. RECOMMENDATIONS. 4. POC for this triensorancluni is the undersigned, at DNA111111.11, Investigating Officer • VAA —8ECIMIWROFORN, Annex 12 • DOD JUNE 3166 TABS A alawimprders imamt C SPOSIMIMItstement D CPA Forces A it pprehension Form E SS011epstsietna F.SPC statement • PV211111111. statement H statement IMDetainee Medical Work Sheet gstatranett K statement L Detainee Cell records MFR M P4 SOMMIIIIstatanent O DIE Medical Screening Worksheet P lIZIWIllestatement Q 5 Pictures of Detainee's Bruises • ----sEcRairracwont- .. •Amax i DOD056983 DEPARTMENT OF THE ARMY Headquarters, 3d Banana. 505th Paraoldne Waft Rosana, 36 Brigade Fort Bragg, North Carolina 21310 AfVC-CC (15-6) 31 Newsy 2904 MEMORANDUM FOR First Lieutenant 111.11111111111111111eatipenem and Ilearkparters Company, 3d Battalion. 505th Parachute infra), Regiment, 3d Brigade Fart emu, North Cerolia 21310 SUBJECT: Appointment as an itheltigating Officer 1. You sue busby appointed as an Investigating Officer under provisions of AR 15-6 b investipte the circumstances sumninding the injuries sustained by the detainee 1.1.11111111111111.11111 2. Your iovestisation will be conducted lAW AR 15-6. You are emborked to take sworn stasmens LAW AR 15-6. MI writes statements will be sworn. This investigation is your primary duty until completed and takes precedence over all other dudes and =egomania. Your investigation must be completed NLT 4 February 2004. 3. You will determine a. When and how his injuria: were midoised • b. Who is responsible for the injuries c. Whether negligence was involved 4. if ill the alone of your lever:koala ru suspect Out certain people may be nebulosity responsible in this matter, you must advise them of their rights under Article 31, UCPAJ. S. Your legal advisor for this investigation is CP19111111111111111111W3d Brigade Judge Advocate, at DSNVT 512-3014. Consult with him before beginning your Investigation. LTC, IN Commanding • • DOD056984 DEPARTMENT OF THE ARMY isseaeuestam sae ite•eauertale caeguar 3a wake, see Parmiwis Mob, Olviskswilt FOB N. latattasklmq APO AU SIPM1 vuTO AMMON Oh APVC-CC-HHC 4 February 2004 MEMORANDUM FOR RECORD SUBJECT: Phone Conversation With LCDR411111111111.111h 1. On 4 February 2004 from 1500 to 1530, 1had two seperate phone conversations with LCDR 01011111111011. lha SEAL Team form commander for the raid oh I 1102001AN04 in which they . Following am key dements of that conversation. 2. trelated LCDMIIIIIIINIMI the esseoce of the dahments that I had gathered from 3 Panther addicts working at the SWF allegro& physical force being used for detainee intermission. I also related the evidence Evil the pictures taken at the DIF. 3. LCDRAlauggelli stated, hued upon spooking with sokilin about the incident, that the 13 C-0 detainee resisted being captured at the objective, and that it proved necessary to me force to detain him. • 4. LCDR 41111111111111111k stated, again atter speaking with his men, that upon arrival at the 3 Panther SWF. SEAL* the detainee was taken outside the PUC tent to perfona a field interrogation. The b Of) were attempting to find out where another ACF member was located. Approximately 5 to 6 men gathered MUM the detainee while he was beam The defame keTil trying to get up and move around, and me of the SEAL used his to keep him down. 5. POC for this MOUXXIMICIUM is the undersigned. at DM? I LT. IN Investigating Officer •