Formica Report Annex 37: Memo for Record: Detainees Basic Tenant Rights IAW Geneva Convention and Army Regulations

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References documents that outline minimum standard of living for detainees, including the Geneva Conventions, Army Regulations, and Army Field Manual. Notes that Army Regulations do not address "temporary holding facilities of a capturing unit," and that the Field Manual "does not articulate the minimum standard a capturing unit must provide in the form of shelter or manner of detention, thus the standard must be relative to that of a forward collection point." States that "use of chains bolted to the floor as a means of securing detainees for a short period of time ... is acceptable," and that "securing detainees in a cement cell with dimensions of 4ft long, 3.10ft high and 1.5ft wide secured by a sliding metal door is acceptable for a short duration not exceeding 24 hours."

Doc_type: 
Non-legal Memo
Doc_date: 
Tuesday, June 15, 2004
Doc_rel_date: 
Thursday, June 29, 2006
Doc_text: 

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MNFI-DI 15 /one 2004
MEMORANDUM POR RECORD
4
.SUBJECT: Detainees Basic Tenant Rights IAW Geneva Convention and Army Regulations
1.
AR 190-8. Enemytrisoner of Wa,...etained Personnel, Civilian Internees, and Other Detainees, outline the minim= standard of living for detainees in permanent internment facilities, but does not addressed temporary holding facilities of a capturing unit.

2.
FM 3-19.40, Intanutent/Resettlement Operations, identifies the basic safeguards that are
mandated for an types of detainees.

a.
Provide first aid and medical treatment for all detainees that are equal to the treatment
that would be given to US causalities.

b.
Provide food and water. These supplies must be commensurate to those for US and
allied forces.

c.
Provide runt, humane treatment.

d.
Allow captives to use protective equipment in case of hostile fire or NBC threat.

e.
Do not locate captives near obvious targets. (e.g. sans unition sites, fuel points. etc.)

3.
The Geneva Convention Relati:ie to the Protection of Civilian Penises in Time of War. 12
August 1949, deals with the Shan and treatment of civilian internees, in that it must be humans:
in nature. The capturing unit is responsible forroper and humane mamas of detainees friar
the moment of capture or other apprehension.

4.
FM 3-19.40 does not articsdate the minimum stendard a capturing must provide in form to
shelter or mariner of detention. thus the standard must be relative to that of a forward collection
point. A forward collection point as a minimum has a guard force based on MEPP TC, food and
water, latrine facility, trench or overhead cover, and cancans* wire establishing a perimeter. It
is understood that all these requirements are based of METT-TC and security for both the
detainees and capturing unit must be a planning consideration. The guard force is necessary to
monitor the detainees, especially in the event of a medical emergency (e.g. heart attack. seizure.
or stroke) that could result in permanent injury or death if not treated immediately by medics',
personnel. These tenants fall under the preamble of humane treatment in the Geneva

Convention.
SECRENOFORN

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SUBJECT: Detainees Basic Taunt Rights JAW Geneva Convention and Army Reit:below

5. FM 3-19.40 provides suggestion: of * detention facility but does not limit the ground
commander on other types of detention methods or means to secure the detainees. as long as the
method or means does not violate the Geneva Convention and meets the basic safeguards
outlined in FM3-19.40. AR 190-8 specifically prohibits any measure of such darter to cause

physical suffering or extermination of the Civilian internee.
a. Use of chains bolted to the floor as a means of securing detainees for a short period of time
that allow the detainee the ability to stand, sit. or lay down is acceptable as long as the minimum
repirementsIsafeguaeds listed nor paragraphs two and four are adhered to (A short period of time

is defined as not to exceed 14 days, as outlined in Ior the amount of time a detainee
can be held prior to evacuation to a Coalition Holding Facility. Baghdad Calmat Collection

Facility.)
b.Securing detainees in II COMM cell with dimensions of 4 feet long. 3.10 feet high, and LS
feet wide secured by a sliding metal door is acceptable for a short duration not to exceed 24
hours. The cell does not provide for good ventilation, lighting. or observation by guard force. In
addition, long periods of detention in this type of facility would cause physical suffering-to the
detainee violating AR 190-8 and the provisions of the Geneva Convention. hi addition, the
minimum requirements/safeguards listed in paragraphs two and four apply here also.

6. Point of contact for this nestorandum is the undersiped al111111111111111111.110m0
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Doc_nid: 
4814
Doc_type_num: 
63