Formica Report Annex 45: Statement of Commander

SWORN STATEMENT
For use of the form, sae AR 19045; the proponent 110Srey is ODCSOPS
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1. LOCATION 2. DATE (YYYYMMOD/ 3. TIME 4. FILE NUMBER
2004/07/08 l900L

5. LAST NAME, FIRST NAME, MIOOLE NAME -B. SSN 7. GRADE/STATUS
f,0 1111111111111thallftpthethlg 11•111111011191 0-5/Active
8. ORGANIZATION OR ADDRESS
HQ, tad Be, 3th SFG(A)
9.
sounplepouint WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH

JnP
This statement is based at a lengthy interview, which was transcribed and provided to me hyaline!. The transcription
provided to tne did net contain die questions to which my comments were in response. Therefore, in order to give the statement
context and make it tmderstandable while attempting to remember the questions asked, I have rearranged responses and added
portions to this written statement that were not Included in the original oral answers to questions.
I am the commander of 11011thliggeflathibliammlimill• OM one of my ca :Hies. and ilikleilllis one of their teams. — 15 -2-
Through the count of this ' I have become aware of fact that ' I recall --es „ # ,now that they had sea message reporting IBM' was reluctant to take detainees from them facility was it 2(0) I At' eo
e I sent guidance to •11011.11k concerning a detention
ty in message and 21111111111111111=1111111. (004 i `It&
AS FOB NAM have been issued every policy published by .1TF-7 and CJSOTF-AP regarding treatment of detainees. I did not
issue separate or policies or Tenets. I do not think there's any requirement to do so. I did include the psurF detention policy
part of our deployment (WORD and issued Commander's on the topic —133
Oththollt

. 01111111111gheld one detainee for
transport to ve was kept for 24 to 48 hours.

Prior to deploy. l issued guidance to every one of my teams regarding the treatment of detainees, because lithimminmellthlith. r3 2
r- — A detainee died at the 3rd ACR detention facility ands

erefore, T told all of my guys to be extremely careful with the treatment or detainees
because they could be charged by investigators who do not tmdentand our methods or techniques of legally getting detainees to
talk. I advised them to take pictures when they received detainees from anyone, and also when they turned them over. My men

have received training on how to conduct bxectogations, they receive efigmattermaNgsithWaiikageisa they talk to the --(i)119) 460team they're switching out with on they don't have to get guys toThe FOB conducts all die annual and briefing requirements, including The Hague and Geneva Conventioos. conducted
no additional training for detente fac' operations.
By policy, the FOB and IMiellicould bold someone for 72 hours. An extension fax up to 14 days total was available with the
permission of CONIICTSOTF-AP. Idan extension message traffic to the QM then the message traftk
would be forwarded to the FOB then on the CISOTt. IOC.
10. EXHIBIT 03 I 11. INITIALdIRSoN MAKING STATEMENT
3
GE 1 OF

ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT.TAKEN AT.DATED
THE BOTTOM OP EACH ADDITIONAL PAGE MUST BEAN THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND FAD!. VUNDBFF
MUST BE DE INDICATED.

DA FORM 2823. DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE
• •• • 10.01• ¦••• 1 I 1-11 I
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USE THIS PAGE IP NEEDED. (HIS PAGE IS NOT NEEDED. PLEASE PROCEED 114 FINAL PAGE OP THIS FORM.
44
STATEMENT OF 41110011,111.11111.9 TAKEN AT RPC. Ballhdada DATED 2004 /0701
9. STATEMENT !Continuo* The to tical environmem might dictate that a detainee be held longer than 14 days. Pot instance. if risk to the detainee and unit is too high to move the Malaga, the detainee Should remain at the lower level facility untit such time that the risk to detainee and unitare appropriate for his safer movement to a higher level detention facility. I expect that a Battalion Commander would know thatMeow was detained longer than 14 days.
I do not recall if a request was made to extend the stay of 11111 ¦11=111k ams facility. I am equally unaware, if such a MUCK famiiioliwu nude, whether it was seproved. I do mow submitted requests have been approved. I was not aware of anyacknowledgement Wu ! wet going to stay longer then 14 days.
As for how be was phylly detained doting his detention, I believe that 111111111111111111111111111vms secured with ilex cuffs whencaptured and hand cuM during his detention atjb. He was probably secured to a chain on the floor. He was given a blanket anda pillow. I think that if he. locked in a room and secured to the floor and our guys have the key and maintain a presence asindicated bytes Its adequate security. CID investigators interviewed and inspected thedlihfeellitY lbw dais after BO
tip 111111111111k vial. The CID investigators saw the chains on the floor and said they had no problem with that, "We use the sameat the USDE at Ft. Leto:worth% The chain was long enough fax the man to sit down, stand op, and lay down in any CID verified that. The facility was also very clean and detainee' were given the opportunity to use a latrine for relief and to perform personal hygiene. I think such accommodations are adequate for 17 days.
During ()amnion. I expect that a detainee be given all the water that they need, and that they'd be fed a meal. I feel that bread and
water is not appropriate.
I do not believe doodINNo dog at theNO111110111•4 played any role in the detention or interrogation t
66
think it would be bsappropriate for him to have pla any role.
111111111111i110111•11 baa changed his story of abuse three tiatcs. • to CLD, 1111181110claima are not medically substantiated. believe my guys, az an Iraqi tentmaker and known IED fabricator. doesn't need to do the things that have been alleged by b 3IMO My men value their standards, principles and careers too next to abuse a detainee or allow it to be done. 111110has detained
Ipr too many people and have gotten confessions based on evidence they've collected without resorting m ' interrogation techniques. Imilmlwas caught, a swipe test wu conducted on his hands which was positive for explosive res err. The OM sworn statements from other individuals. Subsequent to his confession. IIIIIIremained at the facility to PID a number of hisassociates. The only people that stayed more than 72 hours were those who volunteered to give more infonnation, If they're non getting information from them, then they move them out.
b3
Vol
The MN interrogator askedllImIelf she knew 11111111MOSIeftemaid he was sitting right across from her. She said 'yes 1
know him, I could pick him out from a hundred men." They said, "do you know this man, indicating 111111=111111111111MM and
tip she said no. That's easily eorrobetated by 11111111‘. People likellMla andlfillfiewho ate coached and mentored by street lawyers

in and out of Abu Ghralb parrot the appropriate phrases for Coalition release and should not be believed over coalition forces
These people are thugs and murderers who leave behind enough evidence of their acts. They also brag of their exploits to theirfriends and neighbors who pass In slog. Evidence builds itself. We don't have to harm anyone in coder to build a case againstthem. If they don't talk, they're sent on into the system. If these Individuals am released because they say they were a/wed. theywill come back and start murdering our
Xj t • 4 c4-1 I was told by CID that a detainee removed his shirt for physical screening during his in processing at Abu Ghraib. The detaineescars on his back. The MP and the processing agent asked, -How did that happen to you?* The detainee it was from an old caraccident. Three weeks later the detainee reamed and claimed the scars were the result of abuse. Unfortunately for him. he made these claims to the sone person that had asked hint about it originally.
Subsequent to EIGIMMOSIt's visk 611111111h. I sent out a message saying the risk to our people is too great if every detainee can
disrupt operations by alleging abuse. I felt that we did not have the time remaining to accomplish the mission and simuleaneously6,3 host an investigator after every detention so I cut it off. My message to all of my volts was, "In order to protect •
detainee accusations of mistteatment, you are no longer authorized to detain (militia. All
detainees must be taken to a recognized conventional coalition facility. Additionally, any interrogations, except those of immediate

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INITIALS OF PERSON MAKING STATEMENT PAGE a Of 'AGES
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• STATEMENT OF TAKEN AT RPC. Baghdad, iZ DATED 2004/07/08 SI. STATEMENT ramtinufteV
tactical value on objectives. will also take place at these facilities and you will electronically record them. Also ensure that you
record the names individuals present at interrogations including interpreters. Protect yourselves men. I recall instructing youduring brielbacks to photo these individuals when they arrive and leave lOT preclude this.'
Indigenous forces don't play any role in interrogation*. We don't turn over detainees to the 36th ICDC for detention. I have become aware that in March detainees were taken to the 36th ICDC compound after their capture. During this time 111111111111111t the 36th Commander and S-2 thterrogatiog a detainee and put an end to it immaliatety.10118put the detainee under US guard
the time he was transferred. I was on emergency leave in the United Stares when this occurred. There is no other instance ofunaccompanied access to detainees by indigenous forces that I am aware of. 111111111111111010111111111hadlor an interpreter would not have Unaccompanied access to a detainee. and I don't believe that he ever did have unaccompanied access to a detainee. I don'tbedeTealefleVer had unaccompanied access to a detainee.
_94
All of the eme * meacept mom operating with the ICTF use coaliti on .facilities. Detainees taken from ICTF operations anbrought to the former CJSOTP facility which is now run by have an interrogator who condoas interviews.41=1 The team can come out here and review the imerrogadon with the imerrogmor. We lore some
1111 1 time and incur increased risk fora.* to travel here or to a C.oalition facility, but I believe the risk to il les than that they would face by mending invesdgations
The evidence bar has been raised. JAGs at some BCTs will no longer send someone to Abu Ohraib based on two sworn swam‘2, I have at lean one which baa informed use of that. 111111111ara likely to ask themselves if the risk to apprehend .theseindividuals is acceptable even though the evidence they have collected is vet enough to keep the person off of the street.(4 Investigations of are likely to make them feel their personal and professional livelihoods and reputation's are at stake
because some guy like Grim an IED maker, says-hey somebody burned me with a cigarate.
Our record11,.. , hag, anybody can rut fa& with. The tactical benefit of interrogation remains, but detainees andallinnow go
elsewhere to achieve it. 1)t.
AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I NAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOu• THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL I WENT.
Aim Statement,
Subsicited and sworn to Wont me. II Demon station/an Dv lay. to
WITNESSES: sdrnin day ot ati ty
ORGANIZATION OR ADDRESS ' ming Osm.
11111r
0ORF-SS
INITIALS OF PERSON MAKING STATEMENT
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