Formica Report: Article 15-6 Investigation of CJSOTF-AP and 5th SF Group Detention Operation

-SEGRETNOPOILN-­
*

ARTICLE 15-6 INVESTIGATION
OF CJSOTF-AP AND 5TH SF GROUP
DETENTION OPERATIONS

BG Richard P. Formica
Investigating Officer

63 M6 iligfin ti.ceinfeein ea
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1 Pirle ZOOS
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TABLE OF CONTENTS
Referaices 3 Background 4 Comment on Operational Environment 6 Summary of Findings & Recommendations
•
Major Findings 7

•
Recommendations 10 PART I: TASK ONE (Command & Control)

13 PART II: TASK TWO (Specific Allegadons)
• Section One: Sibling Allegations 16
• Section Two:IIIIMILllegations
30.
• Section Three:
Allegations
46
• Section Four: Other Incidents Associated with CJSOTF-AP
55 PART
TASK THREE (Procedures & Facilides)
• Section One: Length of Detention & Processing
59
•

Section Two: Adequacy of Facilities and Treatment
62
•

Section Three: Interrogation Procedures
69
APPENDIX: ANNEX LIST 76
CLASSIFICATION:
This report is classified SECRET/ NOFORN. It describes methods and procedures used by CJSOTF-AP Units in thdr operations. See EO 12958, I.S(a); 1.5 (c). It also idenrifies Speciai
Operarions Forces units and organizarion and specific opersdons. See EO 129S11, 1.5(g). In addition,material referenced in tbe report and induded in tbe Annexes is clauified SECRET/NOFORN.
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REFEFtENCES
1.
Geneva Convention 01I) Relative to the Treatment of Prisoners of War, 12 August 1949 (GPW)

2.
Geneva Convention (IV) Relative to the Protection of Civilians Persons in Time of War, 12 August 1949 (GC IV)

3.
DoD Directive 5100.77 "DoD Law of War Program," 10 July 1979

4.
AR 190-8. Enemy Prisoners of War, Retained Personnel, Civilian Intanees, and Other Detainees, 1 October 1997

5.
AR 15-6, Proceduies for Investigating Officers and Boards of Officers, 11 May 1988

6.
AR 600-20, Army Command Policy, 13 May 2002

7.
FM 27-10, The Law of Land Warfare, July 1956

8.
FM 34-52, Intelligence Intenogation, 28 September 1992

9.
CJTF-7 OPORD 04-.01, Operation Iraqi Freedom Campaign Plan, 02 January 2004 10.CJTF-7 FRAGO 749 to CJT'F-7 OPORD 03-036, SUBJ: Intelligence and Evidence-Led Detention Operations Relating to Detainees, 24 August 2003 11.CJTF-7 FRAGO 455 to CJTF-7 OPORD 03-036, SUBJ: Classifying and Processing Enemy

Prisoners of War / Detained Persons / Civilian Internees, 20 July 2003 12.MNC-I FRAGO 019 to MNC-I OPORD 04-01, SUBJ: Detention Opemtions, 17 May 2004 13.CG CJTF-7 Memo: CJTF-7 Interrogation and Counter-Resistance Policy, 14 September 2003 14.CG CJTF-7 Memo: CJTF-7 Interrogation and Counter-Resistance Policy, 12 October 2003
15..CG CJTF7 Memo: Dignity and Respect While Conducting Operations, 13 December 2003
-
16. CJSOTF-AP FRAGO 04-613, SUBJ: CISOTF-AP Temporary Holding Favility (THE), 24 February 2004
17.Uniform Code of Military Justice and Manual for Courts Martial, 2002 E.clition.
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ARTICLE 15-6 INVESTIGATION OF C./SOTF-AP
AND 512 SF GROUP DETENTION OPERATIONS

BACKGROUND

1. -(1311111".On 15 May 2004, Lieutenant General (LTG) Ricardo S. Sanchez, Commander, Multi-National Force — Iraq (MNF-I), appointed me as an Investigating Officer to conduct an informal investigation in accordance with AR 15-6. ANNEX me to investi
detention operations:
TASIC ONE: Determine command and control for detainee operations within CJSOTF-AP and 5th SF GP 1;
• TASK TWO: Investigate specific allegations of detainee abuse within C,ISOTF-AP and.'
and, in addition, if other specific incidents of abuse within CJSOTF-AP were
discovered, I was to inform LTG Sanchez and investigate them;

•• TASK THREE: Determine whether CISOTF-AP was in compliance with regulatory and policy guidance established for detainee operations within Iraq.
2. (U/FOUO) I received the appointment mem• . • , 1 ,), 18 May 2004 and assembl team to ass' ' investigation, includin : MAJ Judge Advocate; Advocate. Multi-N ' — Iraq (MI•IF-I)
etention • •s• Aide-de-camp; and Paralegal Specialist. CP M Corps Artillery Judge Advocate at ort Sill, Oldahoma, assisted with the o statements from members of units that had redeployed back to CONUS.
Judge Advocate, assisted during the review process.
3.
(U) A chronology of key investigative actions is attached. (ANNEX 2)

4.
(U/FOUO) COL provided five statements containing specific allegations of abuse. These statements were talcen as part of theAR 15-6 investigation into military intelligence operations at Abu Ghraib conducted by MG George R. Fay. (ANNEX 3) The fivt statements were vided b screeners who were 'ther foimerly or currentl loyed at bu

(ANNEX 4) The statements ssed a variety of issues at Abu
as we as tifying other potential indicators of detainee abuse. There were unspecified references to detainee abuse including one detainee death; one report of sodomy with an object; beatings; electrocutions; and iransportation in the trunk of a car. Th ref-i • •-.• •
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number of detainees who claimed to have been mistreated while detained
The allegations accused only one individual by name, statement
identified detainees making the allegations; it sic) and her unnamed
siblinp. (ANNEX 4)

5. {-9,6)-ln order to clarify these five initial statements and identify specific allegations, I
conducted follow-up inkrviews with each of the five :creepers. Essentially, just two sets of
specific allegations emerged from the follow-up interviews:

• Allegations relating to thellifamily caNalir and (1AD) and
detained at the holding facility at • December 2003.

iiiiiiiiidrilliMAll ' detained byllilliand held at the
in April 2004.

6. -69049-On 04 June 2004, COL provided
three had been transferred to the

=WY a AC/ if -AP unit that had operated in the 1E3 area of responsibility (AOR).
(AMEX 36) • vised that it was appropriate to include these allegations into this
investigation. These became third set of specific alleptions:

• All ions detained byallilland held at the
ilcrit in April / May 2004.

8. (U) I did not conduct random interviews of MOTE-AP detainees. We did spot check 35-40
detainee files for completeness and indicators of abuse. Through my interviews with CJSOTF­AP personnel, I became aware of seven previously investigated incidents of alleged mistreatment
involving eight detainees that had potentially involved C.ISOTFAP units. I reviewed and

-
considered these investigations; I did not reinvestigate the underlying incidents. I comment upon
them in the Major Findings section, below, and I summarize each in PART II, SECTION FOLTIL

9. (U) Before proceeding with this investigation, I reviewed applicable source material,
including the relevant Geneva Conventions, Army Regulation (AR) 190-8, Army Field Manual

.
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(FM) 34-52 and appropriate CITF-7 (now MNF/ MNC-I) policy memorandum and applicable
fragmentary orders (FRAG0s). (ANNEX 5)

10. (&)-On 22 May 2004, I met with Special.Agent (SprikingMEMCriadnal Investigation Division (aD), who was conducting a mvestigation into claims of
mistreatment by detainees. The ptupose of this meeting was to ensme that my investigation would not interfere with CID's criminal investigation.
COMMENT ON OPERATIONAL ENVIRONMENT
*Ms the investigation proceeded, the significance of operational environment became clear.
The operational environment affects the requirement to conduct tactical interviews and
interrogations and impacts the tactical decisions commanders make concerning detention
operations. The following factors provide this tactical context:
•
CISOTF-AP units opemte in a dangerous environment often located in high-tImmt areas; the intensity of this environment spiked in November-December 2003 and again in April 2004.

•
Improvised explosive devices (TEDs) pose a very significant threat to Coalition Forces and to Iraqis; convoy movementito transport or to interrogate detainees held at other locations are high risk tactical operations.

•
Every raid is an extremely dangerous tmdertalcing, with the potential for serious injuries to

I ••I•II
those conductin the rai -1.- •
ft While living conditions and quality of life for our units continue to improye, many units still operate in a comparatively austere environment.
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SUMMARY OF FINDFNGS & RECOMMENDATIONS
(U) In this section I review my major findings and overarching recommendations. Specific
findings and recommendations are included throughout the report.

NOTE ON APPLICABLE POLICY
(U) In my assessment of the specific allegations of abuse and CJSOTF-AP detention operations,
I considered relevant regulinory and policy gruidance, including:

•
CJTF-7 FRAGO 749, controlling CJTF-7 policy regarding detention operations;

•
CJTF-7 Interroption and Counter-Resistance Policy memorandum, dated 12 October 20033;

•
CJTF-7 Interroption Policy memorandum, dated 14 September 2003 (rescinded);

•
AR 190-8 and relevant provisions of the Geneva Conventions to provide minimum standards
of humane treatment, incorporated into CTIT-7 policy by FRAGO 749.

These policies are discussed in detail in PART M.

MAJOR FINDING
2. (.S4414 CJSOTF-AP
se were not mtemment facilities, i.e. facilities intended for long-term
detention, but rather temporary facilities to elicit tactical intelligence coincident to capture
These facilities at least met the minimum standards for tactical interrogation facilities, except as
noted below. Only facility remains in operation at this tithe.

I Oa 13 May 2004, the Con:under of CTTF-7 issued a new CITF-7 Interrogation and Counter-Resistance Policy.
This new policy superseded the 12 October 2003 policy. The 13 May 2004 policy specifically prohibits the use of
six interrogation techniques, including Sleep Management, Stress Positions, Change of Scenery, Dietary
Manipulation, Environmental Manipulation, and Sensory Deprivation. In all other respects the 13 May 2004 policy
is identical to the 12 October 2003 policy. Because the new 13 May 2004 policy was not in effect during dse
relevant rime period preceding the initiation of this investigation and for the sake of clarity, the 12 October 2003
policy will be referred to as tbe controlling CJTF-7 policy throughout this report.
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4. (U) The specific allegations of egregious physic,a1 abuse by indigenous personnel working with US forces or in conjunction with US forces are not substantiated by the evidence. .
(S) Applicable Policy: FRAGO 749, AR 190-8, and the Geneva Conventions require that detainees be treated 1.vith dignity and respect and at all times be provided the minimum standard of humane treatment, this includes protection from sensory deprivation. Detainees are to be quartered in conditions providing ample light, space, and comf
CJTF-7 does not specifically prohibit nakedness. Nevertheless, this was unnecessary and inconsistent with the principles of dignity and respect contained in the Geneva Conventions. In this case, I determined that it was not done as punishment nor were detainees openly put on display in an intentionally humiliating manner.
As to the Sleep Management and Loud Music, CJSOTF-AP interrogatorsbelieved these were authorized techniques under CJTF7 policy as discussed in paragraph 7, below.
-
6. (SfNfj-Siiiiiiiees in ere fed ' a diet of bread
ter at
aiream members. co not specifically extent s occurre m each

case. One detainee may have been fed just bread and water for 17 days.
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-SECRET7740FORN—
•
f9)-Annliatble Policy: C.ITF-7 FRAGO 749, AR 190-8, and the Geneva Conventions
require that intanment facilities provide security detainees a diet that is sufficient in quantity,
quality, and variety to maintain good health and prevat the onset of nutritional deficiencies.

•
(€416)-Maggis: For short periods of time, though lacking variety, a diet of bread and
water is sufficient to maintain good health and prevent the onset of nutritional deficiencies.
However, for extended periods of time, this diet would not meet this minimum standard,
specifically in terms of variety. In my judgment, if true as alleged in the case of the one
Nil days with only bread and water is too long. Nevertheless, I found that

appeared in good health. The MNC-I Surgeon's Office advised that a tanporary diet of bread and water should not normally cause long-tenn health problems and that it would take longer than 17 days to develop a protein or vitamin deficiency from a diet of bread and water. (ANNEX 232)
CJTF-7 policy does not further specify what constitutes a minimum, adequate diet for
detainees at the capturing unit level. In this case,1111111111111id not restrict theirdiet as
punishment. Rather, they believed this diet to be acceptable and sufficient.

CJTF4 policy, including Sleep Management, Stress Positions, Dietary
Manipulation, Environmental Manipulation, and Yelling / Loud Music.

0. -(8',Annlicable Polies,: Controlling CJTF-7 Interrogation and Counter-Resistance policy,
dated 12 October 2003, rescinded authorization to use these techniques on security detainees.

•
CITF- Interrogation policy, dated
(CJTF-7) policy had been rescinded and was su
policy, dated 12 October 2

•
8. fralterAs a general rule CJSO -AP employed assi
in

As previously discussed, current controlling (novv NOW NDIC-1) policy, dated 13 May 2004, specifically
prohibits the use of Environmental Manipulation as an interropdon technique.
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• 4S)-Atnllieable Polley: CJTF-7 policy memorandum dated 12 October 2003 requires the use of trained intaroptors specifically trained in the authorized interrogation techniques as a safeguard for the conduct of interroptions.
• -(SAIF) The five interrogation techniques, discussed above in paragraph 7, are non-doctrinal techniques. They are not included in FM 34-52, the Army Field Manual on interrogations. (ANNEX 16) As a result, it is unclear whether SOF personnel received specific training in these five intermption techniques. According to their testimony, they implemented them in accordance with the September 2003 CTIT-7 policy that had authorized them.
9. -(91117During the course of this investiption, I received information about seven (7) previously investigated incidents of alleged detainee mitstreatment that potentially involved CJSOTF-AP units. As part of my general assessment of CJSOTF-AP detention and intetroption operations, I reviewed and considered these investigations and summarize them in PART II, SECTION FOUR.
Of the seven, one was found not to involve CJSOTF-AP personnel; two were unfounded; two were founded; and two remain under investigation.
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RECOMMENDATION4
1. (SiNitC.ISOTF-AP, be provided a copy of this report
and cautioned to ensure greater oversight of their subordinate units' detention / intenogation
operations. CJSOTF-AP should respond by endorsement upon implementation of appropriate
corrective action CO/litiStellt with this • dbe done to help prevent a reoccurrence
of conditions such as those at which, in my opinion, did not comport
with the spirit of the principles set orth in the Geneva Conventions. However, these

circumstances were created by inadequate policy guidance; not personal failures within CJSOTF-
AP—a more specific implementing policy may have prevented these circumstances.

2.
(8710)-The evidence does not support imposing adverse action against any CJSOTF-AP
personnel in connection with the alle tions that ' of this investigation. However,
all CISOTF-AP penonne receive mandatory
corrective training and education in the principles of the Geneva Conventions relating to the
treatment of detainees, specifically including adequate diet, sufficiently comfortable quarten,
and the provision of adequate clothing.

3.
(S)-Enstue dissemination of MNF-I / MNC-I policies to CJSOTF-AP and provide oversight of
compliance. The establishment of a Deputy Commancling General (DCG) for Detention
Operations at the MICF-I level provides the necessary organizational continuity to prevent future
disconnects with subordinate units on applicable regulatory and policy guidance.

4.
-(414f)r...TSOTF-AP should publish policy guidance that:

•
(U) Clarifies authorized interrogation techniques;

•
ifferentiates between tactical questioning and interrogation -

diruthorized to conduct tactical questioning unless specifically trained and / or augmented with trained interroptors;

•
.(S/NC) Authorizes subordinate o detain as capturing units with the explicit, documented approval of an LTC (0-5) or above'ind, then only long enough to get detainees to RPC or another suitable CF detention facility, i.e. 24-48 hours;

• -fare'rEstablishes SOP for conduct of detention and interrogation operations and ensures periodic review for compliance with current IvINF / MNC-I policies;
• "FM-Ensures all Special Operations Forces (SOF) personnel are trained on the SOP andimplementing pmcedures.
5. (9).NLNF-1 should establish policy guidance that delineates minimum standards for detention
facilities, including capturing unit operations, to include:

11
. sEGRET4Nomity.„
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• Adequate, environmentally controlled holding areas in a secure, guarded facility;
. Adequate bedding (blanket or mat) and clothing;
•
Adequate food and water (type and quantity; three meals a day);

•
Documented, systematic medical screeninp at every level of detention;

•
Formalized accountability process at every level.

6.
46)-MNF-I policy shoW.d ensure that the accountability process requires annotation of dates of capture, transfers between units, medical smearing's, and detainee locations starting at the capturing unit level and through each transfer.' Results of this process should be maintained in a permanent file that travels with the detainee and copies should be retained by the units involved at each stage in the process.

7.
(U) While the specific allegations of abuse are not substantiated by the evidence, these circumstances raise the issue of how indigenous personnel are employed to conduct or participate in Coalition &oration operations or interrogations! This is an area that may require an hINIF-I policy! 'This is more important now since the transfer of sovereignty because we increasingly conduct opemtions in conjunction with and often in support of Iraqi Security Forces.

8.
{SR4F)-1VLNF-I OSJA should notify receiving commands for 3ACR and MOMMto *ensure awareness of on-going investigations into the actions of personnel who have redeployed

5 To the extent that MSC-I FRAGO 329 requires MSCs to reports daily to MNC-I PM0 including information regarding transfers and new captures, this may have already been implemented.. However. individual detainees' records must indicate all transfers and other relevant information for purposes of ensuring accountabiliry. FRAGO
329 does not require the capturing unit to document initial medical condition or to maintain copies of detainee
records. Further, there is no detainee database for preserving this information below the Corps level.

6 In this case, there is ample evidence that coalition forces took necessary precautions to ensure dun indigenous
forces were always monitored and did not have unaccompanied access to detainees.

7 MNF-I is currently in the process of drafting Memorandums of Agreement (MOA) with the Iraqi Ministry of Interior and the Iraqi National Intelligence Service reprding combined Coalition-lraqi interrogations. The MOAs generally require that combined interroptions be conducted in accordance with MNT-I policies and in compliance with international law.
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SECREDTiTOTORN--PART I: TASK ONE (COMMAND AND CONTROL): .-(SiNF)--As part of your investigation, you will establish who has command and control over detainee operadons witidn CJSOTF-
i On 15 May 2004, CJTF-7 inactivated and was replaced by two headquarters — Mtdti-Narional Force-Iraq (MNF-I)
and Multi-National Corps-lraq (MNC-1). For the muposes of this investigation much dew controlling policies
have been issued by C11F-7. „
..
9 TACON is defined as "...detailed and, usually, local direction and control of movements or maneuvers necessuy
to accomplish missions or tasks assimed." (A.NNEX 14)

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seenrr7NUMis,
PART II: TASK TWO (SPECIFIC ALLEGATIONS OF ABUSE):
(S/NF) I identified three sets of specific alleptions that required investiption:
46}During my investigation, I became aware of seven other previously investipted incidents of alleged mistreatment involving eight detainees that had potentially involved CJSOTF-AP units. I reviewed and considered these investi ations and summarized their FOUR. These involve deta,inees:
SECTION ONE: THE SIBLING ALLEGATIONS
I. Specific Allegations of Abuse
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•
Mlle field surgeon who treated at the stated that the bruises were older, maybe a couple days old, and were not associated with 11.111111kondition or death. She stated that there were no signs of internal bleeding or trauma ton.,head. She was primarilyAreating .11111for low-body tetnperature or hypothermia, not any beating or physical abuse." (ANNEX 213)

•
InThe findings of the report of investigation were consistent with my findings relating to the other Msibling allegations.

4. 43-)111111111¦claim that attempted to extort money from her family while possible is n
_c_t__ported by any evidence. Although statement to me suggests she knew IMMIIIIMIlland she told me that he searched her inappropriately, she apparently did not recognize him when he was presented to her during an interrogation. (ANNEX 105)
Anolicable Policy
2. (U) In accordance with CJTF-7 FRAGO 749, AR 190-8, and,relevant portions of international law, including the Geneva Conventions, security detainees arc required to be treated with dignity and respect and provided at least the minimum standard of humane treatment. (ANNEX 5) Accordingly, capturing units must at all times:
• Treat security detainees humanely;
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31 Dec 03: interrogated at ANNEX 132)
•
alleges another Iraqi detainee into falselyincriminating siblinp

•
No allegations of abuse againstIllItiblings indicated in SIR

•
Interroptor notes deception in hopes of being releued

31 Dec 03: interropted at MIIIIIANNEX 133)
•
lnterroptor notes possibility that 1111111rehearsed answers with siblings

•
Interroptor notes deception in hopes of being released

•
No allegations of abuse indicated in SIR

02 Jan 04: screened at Abu Ghraib (ANNEX 203)
•
"raped with a bottle" atilliM

•
Inclaims "threaten to stick a bottle inside him... but he passed out."

•
Both claim their brother was "tortured" to death

02 Jan 04: medically screened at Abu Ghtaib (ANNE3C 171)
•
Medical screening notes wrist injuries / chest, nose, & back bruising

•
No indication as to when / how bruises sustained or to severity in record

04 Jan 04: screened at Abu Glusib ANNEX 201. 202)
•
claims she was beaten by

•
111111klaims she was threatened with "getting the bottle" by

•
Both claim brother was "tortured" to death

•
No allegation of sodomy of brothers indicated in the screening records

01 Feb 04: gated at Abu Ghraib (ANNEX 207)
•
alleges beaten / dead brother thrown on him

•
alleges threatened with a bottle and passed out

•
Interrogator notes that Eihas been seen by American medical personnel at Abu Ghraib (NFI — records not available) No indication of physical abuse indicated by SIR.

¦ Interrogator notes that III changed story regarding relationship withlilduring interrogation
07 Feb 04: liinterrogated at Abu Giraib (ANNEX 208)
•
allegesle and brother were tomued at

•
alleges brother's dead body was thrown oi

liMil
16 Feb 04: llerro' gated at Abu Ghraib (ANNEX 209)
•
continues to den AIF activities

•
claims orchestrated all the accusations against him

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08 March 04: .0.4terviewslip11111. (
•
MEWleges her er tortured to death / her brother and other men by forcing water es mto their beatingthan / she herself was beaten and slapped by or several

•
alleges harassed ha family for money /"beat the crap out of her."

•
'Manages confession coerced by torture / beaten at NMsodomized with a water bottle / testicles squeezed with pliers

25 May 04: interviewed by BG Formica (ANNEX 62; 63; 64)
•
eges sodomy AIM with water bottle in her presence

•
alleges sodomy of others with bottle in her presence

•
alleges sodomy with "iron stick" alone in a private room

31 May 04: CID interviews 111(ANNEX 42) '
No 11 alleges he was pulled by his penis / beaten / kicked / dead brother thrown
across him isaw brother naked and bleeding with bruises all o ' /
kicked down a hill / water forced up his rectum by

06 June 04: Drill/examines at Abu Ghraib (ANNE3C 108)
alleges: "Sodomized with metal penis that screwed together from two

pieces" • omplains: "Very painful to defecate afterwards" •• lains of tendemess consistent with history but no objective medical
TVISOIIS
es Doctor's external rectal exam noted a fissure
08 June 04: D perfoims anoscopy and rigid proctoscopy of under anesthesia at
(ANNEX 179)
Doctor notes urology exam indicated normal testicular exam
•• Doctor notes normal sphincter tone / no fissures / no scarring

•
Doctor stated her fmdings: "neither support nor cpntradict the allegations."

V.
Discussion

4StriP,1 found the siblings allegations of physical abuse were unsubstantiated by the
evidence. I based this finding on the following factors:

-
1. {9/NF) Background intelligence °nil/ siblings. The Illisiblings were notorious in
Adamiya for their involvement in violent A1F activities and their association willi high-profile
members of the former Ba'athist regime.

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J.¦ ,1 .1" N'oam.. •
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r a. —
I :Lit a I
" In January 2004, COL a trained interropter and
human intelligence NCO, or to

der more fully exploit tactical intelligence in the face of growing enemy activity Adamiya. (AN'NEX 73; 97) -24-
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5. (.83-Physical evidence. There was no definitive physical evidence. The medical evidence
was at best inconclusive. allegation of egregious pain and injury caused by bis sodomy
with an object, including significant bleeding from his rechma, was not independently supported
by the medical evidence.

a. -{-9.) Tbe available hysical or medical evidence did not substantiate mistreatment of
Wele ened at each transfer. I found no documented evidence to corroborate allegationiili
ANNEX 170; 172) The records show nothing reniarkable, other than a statement by thist she denies any mistreatment by US forces.
b. (114-The available physical or medical evidence did not substantiate that was abused
either. It is noted in the report f • ion from 30 December 2003 that had
been medically screened at the and was cleared for interrogation. The
interrogator noted no obvious signiaksical abuse. (ANNEX 131; 228) bi a photo of

from 30 December 2003, has an abrasion on his nose. (ANNEX 131) The
Irnterrogator could not recall whether had this abrasion during his initialinterrogation at the facility. (ANNEX 82; 228) When I interviewed on 25 May 2004, I observed scarring on his wrists that appeared to be from handcuffs or other wrist bindings. Guards and interrogators have reported that it is not unusual for detainees who are
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cuffed for long paiods of time to have abruions on their wrists caused by the cuffs,
especially when they struggle against them. (ANNEX 52; 57; 192)

c.
48}As directed by this investigation, IIIIIkeceived a complete medical WM on 06 Jtme 2004 at Abu Ghraib. This mum noted complaints of tenderness aqwessed byll11111rotvarious puts of his body consistent with the history he provided. The doctor found no medical reason for the tenderness. The doctor did find scars on his wrists and noted what he believed to be an anal fissure. (ANNEX 108; 181)

d.
(8)-As a result, I had examined aillifi=.Support Hospital (CSH) in Baghdad on 08 Arne 2004. Dr. (MAJ) of Genial and Vascular SurgetyServices, conducted an and rigid proctoscopy exam of while he was under tmesdtesia. sphincter tone, no fissure, end no sawing. He was also evaluated by tabu Department as havinn a normal testicular exam. Ort 3 July 2003, I met with Dr. in person to ask about told me that if two to six months had paned after an act of sodomy u described by 11111111would not necessarily expect to see scarring because the tissue heals quite thoronghlyill= certain she did not see any scarring or Sump in anus or intestinal arealliMenam. (ANNEX 179) As a result, I did not find medical evidence of the sodomy.

c.
ft-Medical meads inclicatelMINEWhad some bruising. On 02 Jemmy 2004, a methcal screening report for from Abu Ghndb notes that he has bruises on his nose, chest and back. Ile was treated with Tylenol. (ANNEX 171) The medical records in die 1S­6 ref,arding 111111114eath also note some bruising to mushoulders, chest, hip and Imees. (ANNEX 119) Neither record indicates how or when these bruises may have occurred.

• .(4),It is not unusual for detainees to have minor bruising, cuts, or scraps. A medic from
11...ndicated that detainees frequently strived at with minor cuts and bruies. ANNEX 223) SSG NCOICs
.d4riand SSO at recall that some detainees were brought to the with injuries or bruises. SSG who in-processed IIPIN said to have any external signs of having been beaten when he arrived at the Neither recalled in-processing...or any of the other siblinp. (ANNEX 230; 231)
• RrKtleIIIIIIPPP FSB field surgeon, who treat& at the was dear that WIS treating 11111111ror his hypothermic condition and not for any physical trauma. She stated that did not appear "beat up." She also stated that if the soldien who worked it had any concerns with detainees' condidon, or felt uncomfortable in say way with how a detainee looked, they would bring them in to be
..
111 SSGIIIIIIIIMINIMsaid they did not know when or how these bnsises may have occurred. could have preceded capture, occurred during capture or in detandon at the • unit leveL r of bruised detainees coming from the acuity. SSG stated that mare cams from W
ebber could recall eny specific Mame: relating to specific units or specific detainees. They did not associate any of die bniised detainees witAMOTF-AP pasonnel, DOT hed they heard UP/ rumors dist dominoes were beaten or physiadly abused at thellEllfacility. (A:4M( 230; 231)
-26-
SEeREN.N. OFORIW
Final — 08 November 2004
2 6
DOD JUITIC
DOD054996

evaluated. She does not recaU ever treating a detainee for being beat up or sodomized. (ANNEX 119; 219)
3. 46449 Factors affecting siblings' credibUity. The siblings lacked credibility. Their stories changed over time and differed in significant respects between the siblinp, including the method and place of the alleged sodomy. Such inconsiitencies undermined the credibility of their alit ions. The MO siblings had a strong motive to discretlit
-27-
sEGRE-TxorLom-
Final - 08 Novanba 2004
2 7
DOD JUNE
DOD054997
-28---SEeRET-NWOR,15L_ Final — 08 November 2004
DOD JUNE 2 8
DOD054998

"ft
7. (&)-Detainees' generally making false accusations. I found that the siblings have motives to lie in order to be released from prison. espicially, had reason to explain his confession and statements incriminating his family and other AIF.
a. {51 A theme emerged from this investigation that detainees frequently make many false ciaims about mistreatment. This was provided by testimony from detention facility commit rs y
worked with detainees, and other commanders. (ANNEX 42; 45; 47; 57; 61; 73; 75; 77; 78; 82; 83; 93; 221) Based on their statements, I found considerable motivations for detainees to make false allegations. These included: an atternpt to gain sympathy; hopes of early release; justifying having provided actionable intelligence; and attempts to discredit their captors.
-29-

seetterNorrefe4—
Final - 08 NoveMber 2004
DOD JCINE 2 9
DOD054999

b. .(..Wt has been common practice for detainees since last fall to claim abuse to pin their release, clisrupt Coalition activities, discredit Coalition Forces, or justify their confessions and incriminating statements about other insurgents. (ANNEX 73; 75; 78) Commanders indicate that there are reports that anti-haqi forces in the Achtmiya neighborhood are being coached in counter-interroption techniques. (ANNEX 45; 47)
• (U) Some personnel have witnessed detainees who are blindfolded hitting their heads againgt walls and later claiming abuse. (ANNEX 48; 75)
• -e3110n 21 March 2004, detainee who had been
on 17 March 2004, alleged during an intent 'on that he was beatenl:yarlifill
and an Egyptian Police Officer. no physical sips of mistreatment. An interpreter overheard this detainee telling another detainee to "tell the Americans you were beaten and tortured and when you arrive at the detention facility they will release you." (ANNEX 47; 192)
• (U) On another occasion, a detainee was overheard telling another detainee, "all you have to do is keep your mouth shut, go through the system, and they will lose your paperwodc; if they hold you longer just claim abuse and they will. let you out." (ANNEX 47)
VI. Recommendations
1. (U) Detain.ees' medical condition should be documented. This should include digital photographs if possible,immediately after capture and through each transfer. The results shouldbe maintained in detainee files and copies should be retained by the units involved at each level.
2.-(-S)-No adverse action against CJSOTF-AP personnel in connection with the sibling alleptions.
SECTION TWO: ALL EGATIONS
I. Specific Allegadons of Abuse
I. (SNAIMIIIII.were captured by period of time at the11111111111111111111and a ain in April 2004. , later, at the were held to ether for a
allege mistre.alment while in US mist a Their allegation.s

involve abuse by a former
i policemen, and an Iraqi-born, Lebanese-raised interpreter who were both working wi
2. Allegations. alleges he was brought to abasement- room u(allirilligligtilli
had no windows. He asserts he was held in various rooms, cuffed to the floor without a blanket, pillow, change of clothes, or shower. He also claims he had a bag placed over his head, and was fed only bread and water. He stated he was held there for 17
-30-ffEeREVNOFORN--Final — 08 November 2004
DOD JUNE 3 0
DOD055000

SEGRE-TiNOFORN---- •
days, beaten when he could not answer uestio • • cted to abuses
•ons, and subjeby two Iraqi interroptors, named He alleged/IN beat hiMwith a stick; kicked him; beat his "balls;" put soapy water in his mouth; burned him with a cigarette; placed a "stick in his hole;" threatened to do it again; attached wires to his testicles and penis and jolted him with electricity. He alleges that he WU made to bleed from his ears as a mutt of these abuses. He further alleges that brought a dog in to "scare" US personnel were present while he was maltreated by also states he was transported in the trunk of a car.(ANNEX 57; 58, 147; 148)

3.(4)11111111111111111111111110111111Allegations.
_A
he was captured and brought an American solider, took him to the basement area. After the American left, him for one hour smd caused him to bleed from his mouth and ears. He claims that later, when he
was again left alone with them, put a bag over his face and cut
off his track suit and underwear. He claims they then put a stick up against his anus and
ed him with sodomxuLle claims they also put chlorine in his mouth. He also alleges that
Ai:ought a dog nantedlinin to scratch him, and as a result, he passed he
was beaten for six or seven days by and and that
hit bim on the head with the butt of a gun. also sail _._

t_ftr hit him with an antenna like stick and attached wires to him, but never electrocuted him. 111.11said the abuse only happened when the American would leave the room, and the American did not !mow about the stick or the dog, Illhad no complaints of Americans abusing him. However, he said his mouth was swollen ut; that he was made to urinate on the ground, instead of being allowed to use a toilet; that he only received one piece of bread to eat 011,C, day, and that he was soaked 1.vith water and had a fan IL­
gsgaltygraraqis. IIIIINclaimed he vias held for
eighteen (1B) days at the /11/111111111.1111/11 Finally, he alleges that
MN= threatened to take his wife and sister and "do anythin.g they wanted with them."
(ANNEX 65)

4. (64-As with the Illisiblings, allegations also surfaced dtuing MG Fa 's
investigation into military intelligence operations at Abu Ghraib. (ANNEX 3)
allegations were the second set of specific allegations identified fiom the five initial screener's
statements. (ANNEX 4) Dining my follow-u inteniews, I determined that two of the
screeners, Mr. and Mr. referred primarily to

(ANNEX 55; 56; 57)
5. egations slag/ m interview with
on 24 Ma 2004 at the or a
time at the in and again at the 58) MIlsnecificallY
referred me to (ANNEX

II. Findines
I . were ca tured b . detamed* n
andtheirat t the
-31-
seettrivsepeim--
Final - OS November 2004
DOD JUNE 31
DOD055001
safehouse,1111111111Mwere fed primarily a diet of bread and water. According the
they were fed three times a day. They were blindfokled at times for purposes of force
protection and to prevent escape. I further find that during their detention they were given a
pillow and blanket and provided an opportunity to wash. They were secured to the floor with a 3
to 4-foot chain that allowed them to sit, lie down, and stand up.
• ($44:Figlilwas held at the for s 21 April,
was transfetred in the tilmk o a car to On 29 April,was transferred to the
cue was transferred wi a recommendation to b, to the 1' BCT
• 46,44f) thfor thirteen (13) days. On 05 April, he
_e_gglaniBSA. On or abottt 08 April, he was transferred to 111.1.1111101111111M On 15 April,was transferred to the Finally, on or about 06 May, he was
transferred to Abu Ghraib.
2. (4)111111111111111 allegations of physical abuse and mistreatment are not substantiated
by the evidence.

•
48)-The evidence does not support that either were beaten; burned;
threatened with sodomy; sodomized with a stick; intimidated or injured by a dog; had
chlorine placed in their mouths; had wires placed on were electrocuted.
Additionally, there is no evidence to substantiate thatliihad his track suit and underwear
cut off him; that he was soalced with water and had a fan placed in front of him; or that he .
was made to urinate on instead of beimaidlowed to use the latrine. I found no
evidence that threatened wife or sister.

•
(&)1111111111111111allegations lack credibility. I found they had several motives to lie
including attempting to gain sympathy; hoping for early release; justifying having provided
actionable intelligence; avoiding transfer to Abu Ghraib; and a • to cliscredit their

egations did not emerge until after both were at the had been transferred to Abu Ghraib despite
• (SMINNONMOallegations are targeted at They
stated that American soldiers were not involved and that they did not blame Americans for
the abuse. If had the opportunity to commit the egregious
abuses alleged, including severe beatings, it is likely that Americans would have noticed the
results of these alle d abuses. Moreover, it seems incredible, if these abuses had, in fact,
occurred that would be gracious of their American captors.

la (S4W) The available medical evidence does not corroborate the allegations. The evidence
suPPorts that it is ualihelY INEMEMMINIMIhad unaccompanied access to
detainees. While I cannot say mith absolute c • that no uc makreatnaent occurred, if
it did, the evidence available to me, including statements, shows that

personnel were not aware of it nor involved.
-32-
SECRETINGFORN-

Final — 08 November 2004
DOD JUNE 3 2
DOD055002
3.48401111111111111111111vere fed primarily a diet of bread and water, cons' of two loaves of bread and a bottle of water three times per day, while detained at the
for seventeen (1 and thirteen 13 da respectively. CPTCommander, and SFC ly stated that policy was toprovide only a diet of bread and water. CPT and SFC wae not aware of
detainees being fed anything else. Some persomiel =heated that detainees who were kept for more than 72 hours or who cooperated with interrogators may have had their diets supplemented with additional food. However, these team mambas could not recall to what extent this may have occurred in any given case.
• -(6.)-CJTF-7 policy requires that internmait facilities provide a diet that is sufficient in quantity, quality, and variety to maintain good health and prevent the coset of mitritional deficiencies.
• iS)-For short periods of time, though lacking variety, a diet of bread and water three times a day would be sufficient (ANN'FiC 232) However, for an attended period of time it may no longer be sufficient andwould not meet the standard of quality, quantity and variety, therefore violating CJTF-7 policy. A diet of only bread and water for 17 is unacceptable. Nevertheless, in this case, there was no indication that developed any nutritional deficiencies as a result of thi.s diet. I found them both to be apparently in good. health.
5.
fra)During their detentionailliM were secured from their handcuffs to the floor with a 3 to 4-foot chain. I find, under the circumstances, that this measure of force protection and preventing escape was hecessary given the limited resourcei available. I further find that it was not done for purposes of humiliation, intimidation, or to cause pain and suffering. Although it is not an ideal method of securing detainees, I find that, under the circumstances, it did not amount to a violation of AR 190-8 or relevant provisions of customary international law.

6.
-e9fNrj.IIIIIIIIMIwere blindfolded at the at various times for purposa of force protection and to prevent escape. Ile evidence does not support that this was done for purposes of humiliation or intimidation, or that it was done for extended periods of time. I fmd that when a blindfold is employed for these limited ptuposes and in this manner it does not amount to sensory deprivation in violation of AR 190-8 or relevant provisions of customary international law.

-33-
SteRETINOF43104-Final — 08 Noveraber 2004
DOD JUNE 3 3
DOD055003

7.-(S444.0n 21 April 2004,11111Iwas tiansferred in the trunk of a car to the a ride of about 20 minutes. This was a conscious decision due to the dangerous security situation at the time in 11/11 and on the road to Mat that time. Under these circumstances, while certainly not ideal, this did not amount to cruel or degrading treatment nor is there any evidence that it caused any injury or suffering to
M. Anulicabk Policy
2. (U) In accordance with CJTF-7 FRAGO 749, AR 190-8, and relevant portions of international law, including the Geneva Conventions, security detainees arc required to be treated with clignity and respect and provirkd at least the minimum standard of humane treatment. (ANNEX S) Accordingly, capturing units must ar all times:
•
Treat security detainees humanely;

•
Provide them humanitarian care and treatment;

•
Respect them as human beings;

•
Protect them from all acts of violence or threats thereof, sensory deprivation, and all cruel or degrading treatment.

I will discuss, in greater detail, applicable provisions of AR 190-8 and international law relating to the treatment of security detainees in PART M, SECTION TWO.
3. (S)-In September 2003 and in October 2003, C.7-7 issued Interrogation and Counter-Resistance policies regarding authorized interrogation techniques and general safeguards for use during all intarogations. (ANNEX 12; 13)
• CTTF-7 policy required security detainees to be treated in accordance with international law, with dignity and respect, during interrogations. It did not authorize the use of violence or threats of violence to elicit tactical intelligence.

rv.•nis447÷-ranja4.11.111.11.11=
24 Mar 04: captured by
04 Apr 04: c.aptured by
05 Apr 04:11.1111/transfers
08 Apr 04: interrogated at (ANNEX 136)
•
-34-sEGRET-NoFoRs__
Final — 08 November 2004
DOD JUNE 3 4

DOD055004

• No alleptions of abuse indicated on summary of interroption report (SIR)
10 Apr 04: • pted atilININII (ANNEX 137)
• "fei • abuse interro
•
15 Apr 04: medically screened upon transfer to ANNEX 173)
•
Record notes back problems / hemorrhoids

•
Record notes no apparent scars or bruises
ft No allegations of abuse indicated by record

17 Apr 04: interro a ANNEX 38)
ilLoad
•
21 Apr 04: ferzed in the trunk of a car to in Taji.
21 Apr 04: medically screened at (ANNEX 175)
• Record noteehealthy with a mild rash on chest"
•• No complaints of abuse indicated by record

21 Apr 04: intengated ANNEX 139)
•
22 Apr 04: Sick-Call at IIIIBANNEX 175)
* Record notes "mild gastroenteritis."
• No allegatio-ns of abuse indicated by record
24 Apr 04: interro ted at
ft No complaints of abuse indicated by record Interroptor said there were no sips of abuse or injury (ANNEX 214)
26 Apr 04: Ilimierropted at 111.1111111.11 (ANNEX'141)
• cooperates with interrogators / identifies AIF
28 Apr 04: medically screening at (ANNEX 175)
0. Record notes fund medical exam prior to transfer in margins es Record indicates: "Pt examined .' no new medical or dental prbblems" •• Record indicates: "Remarics: Good health"
29 Apr 04:1M medically screened at (ANNEX 174)
•• Record notes bruise on left forearm
a* No complaints of abuse indicated by record

-35-
-SEC-RE-T-NeFGRAL—_ Final — 08 November 2004
DOD JUNE 3 5
DOD055005
SEGRET-INOFORN-
03 May 04: • at 1CAV D1F IAP ANNEX 144)
•
• nimagim
denien in AIF activities
•
• No complaihts of abuse indicated by record
04 May 04: order signed to transfes to Abu Ghsaib (ANNEX 1S9)
04 May 04: Sick Call at ANNEX 17S)
•
lains of shortness of breath / hands stiffened / feet cold # Record notes: "Pt appears well"

•
No complaints of abuse indicated by record

05 May 04: interro at ANNEX 146)
•
•
• No complaints of abuse indicated by record
o/a 06 May 04:111111tran.sferred to Abu Ghraib (ANNEX 160)
08 May 04: lick call at (ANNEX 175)
•
Millicomplains about chest pain and shortness of breath

•
Record notes: "Anxiety - false symptoms" of heart attack
# No compiaints of abuse indicated by record

08 May 04:
•
•
10 May 04: intenogated at (ANNEX 57; 148)
•

•
23 May 04: interview* BG Formica (investigating officar) at (ANNE3C 58)
• claims "stick in hole" . burned on foot with cigarette
# refers BG Formica (investigating officer) to

24 May 04: interview by BG Formica (investigating officer) at Abu Ghraib (ANNEX 6S)
• MIIIIIIIIkllegations of abuse emerge i similar to
24 May 04: Dr. Eli examines (ANNEX 176)
complains: "stick put into recttun"

-36--SE-eitEl7NCIFORN---
Final —08 November 2004
3 6
DOD JUNE
DOD055006
•
Doctor notes red mark on ankle consistent with cigarette bum sad scars onforam that could indicate a possible infection.
•
Doctor notes scar on right shoWder inconsistent with dog bite

•
Dalliotes "significant non-orpnic '

and "exaggeration of symptoms"
which "suggest secondary pin," La
' in ceder to gain somethingbeyond medical treatment
06 June 04: Wt.
Maine' at BCCF (Abu Ghraib)(ANNIX 11111)
•
allegation of sodomy to "stopped prior to significant entry..." • • of "burned on both iher

•
Doctor notes "multiple bums on both feet"

•
Doctor notes possible bone bruise on left fozearra

•
Doctor notes scar on right shoulder could be comistent with bite within last year

08 Am 04: Dr. lallperforms anoscopy and rigid proctoscopy at 1111011 (ANNEX ISO)
•
Doctor notes normal sphincter tone / no fissure / no scaring.

v.
Dismal

-(S)- I found ons of abuse and mistrestmtnt untubstandated by the evidence. I some o relating to the circumstances of their detenrion to beiubsantiated by the evidence. I based these fmdinp on the following factors:
a
I. 485•Background inteWgence on The evidence indicates that no
were heavily involved in AIF activities. They are both known insurgents with
moti to lieves na to On sYmPathY; hoPing for estlY reicsage

avoiding transfer to Abu Goa; and attaopting to discredit
their captors.

SICRE-TiNGFORN----
Flat - OS November 2004
DOD JUNE 3 7
DOD055007
2. (S) Evidence relatin to
As with the
sib
ve strong motives, as AIF from the
to discredit
and his associates. As discussed above in SECTION ONE, part V,
paragraph 2,
remained a well-lmown and hated figure in the
District.
-38-SEeRE-TINOFGRN_
Final — 08 November 2004
DOD JUNE
3 8
DOD055008

c.
41:NP) IIIIIIIIersonnel confirmed that were secured to the floor during their detention with a 3 to 4-focit chain. (ANNEX 186) This chain provided enough room for to stand up, and lay or sit down. They were fed primarily bread and water. This diet consisted of two loaves of bread and a botde rewriter three times per day. Some Ngpersonnel indicated that detainees who were kept for more than 72 hours or who cooperated vrith interrogators may have had their diets supplemented with additional food (ANNEX 66; 67; 69; 70) However, they could not recall to what extent this occurred in each case. •

e.
-(444f) did have a dog named'''. at members stated that alwas a pet and a distraction for the team members. I find their statements thatillwas not used during interrogations to be credible. (ANNEX 67; 70)

f.

g.
(SNROn 21 A ril 2004, was transferred in the trunk of a car to thie=111
According to nnel, due to the dangerous security situation

MIpersonnel made a decision to transfer in the trunk of a car for his and their protection. During this time period, NNEand the road to WU particularly dangerous due to frequent anti-Iraqi ambushes and enemy checkpoints. (ANNEX 58; 69; 149)
h. ex)-There was an over of at least SiX days where were a held .
together at the arrived there on or about 15 April 04 and IIIMarrived
on 29 April 04. (ANNEX 144; 145; 173; 193) On or about 06 May 04, WEIS

transferred to Abu Ghraib. (ANNEX 159)
4. ISM?) Lack of unaccompanied access to detainees. The evidence shows that
did not have unaccompanied access to detainees held by ANNEX

-39-SEeRtlYNOF0101---..
Final — OS November 2004
DOD JUNE 3 9
DOD055009
-SEGRETANOFORN •
45; 47; 66; 67; 69- 70- 71; 72) While it is possible that they could have obtained access without the knowledge o given the evidence I find this unlikely.
c.
44114.1.ccording to the commander, indigenous personnel were not left alone with detainees. nnel stated that was neverdigio interropte detainees. (ANNEX 47; 66; 67; 69; 70; 71) In fact, statements by personnel and indicate that .1111111111 was never*idduring interrogations at the (ANNEX 67; 69; 70; 71) be used to interpret on occasion. (ANNEX 67; 69; 70) interpreted for SSG when he interrogated ¦on one occasion for 30 minutes. Other than this one inteffoption, I found no evidence to indicate that Mud any other contact with (ANNEX 70; 72)

d.
-{9fNP)-I found die statements ofilleeespersonnel thatIMINIIIIIIIIIIIIIIIII never had unaccompanied access to to be consistent and credible.

5. Ph deal Evidence. The medical and physical evidence I examined did not substantiate
allegations. It did, however, suggest that was being untruthful, in that he changed his story &ring his medical examinations.
a.
{SY-When I interviewed I found them both apparently in good health.

b.
441.11111111111111111.11medical records and interrogation reports do not contain any

indication that appeared abused or mistreated or that they made such
alleptions.
• 4S)-On 15 April 2004, immediately after leaving medicall screened at the This was The record does not indicate that
raised any complaints of a notes complaints of hemorrhoids, back pain, and an

injured fmger. (ANNEX 173) -40-SEGRET-NGFOIW
Final - 08 November 2004
DOD JUNE 4 0
DOD055010
• ,(S).0n 21 ' 200
Armillliwas medically screened at the Br4iaeon'sOffice at the The :evening form does not indicate raised anyallegations of abuse. He was evahmed as "healthy with a mild rash over chest."
(ANNEX 176)
• 4S).0n 22 April 2004, was again medically evaluated during rdck call at the.'
Brigade Surgeons Office. Again, the monis contain no evidence to indicate that heraised complain' ts about mistreatment. He is evaluated as having "mild gastroentaitis."(ANNEX 175)
• (6)-On 240004,111.11was interrogated at the ON BCT DIF. 'The interroptor,SSG told me he noted no outvtard signs ofphysical Awe or injury. He alsosaid it u practice for him to ask the detainee whether there are any medicalconditions or issues. SWIM stated that made no allegations ashen% orindicated that he lud been mistreated in any way. (ANNEX140; 214)
• -4.8.2414-On or about 08 May 04, started claiming he had been mistreated at
IIIIIIMMIIIINIPncluding severe beatinp that caused bleeding fiam his ears. (ANNEX55) 'There MS no visible evidence to corroborate this alleptka._i_ANNEX n4) Indeed, no medical eyaluation or screening prior to the emergence AN= allegations makes note of any injuries, signs of physical abuse, or allegations of abuse. (ANNEX 55;.174;175; 176; 193)
c. 48). Based upon...egregious allegations debase, including that he was sodomized, I
directed that he receive tbme sepamte medical evaluations. These
unable to substantiate or discormt/INIallegations. However. 'ono
changed between the first and second examinations. He recanted his allegadons of sodomy
to threat of sodomy. His allegation of one burn on one foot changed %multiple burns on
both fee 12 days later. 'The doctor during the first examination noted/MI was being
deceptive in regard to his symptoms.

• -(8).On 24 May 2004, Dr. (LTC) evaluated Matthe Dr.111111111 concluded that there were scars on wiser, a sinide circular red scar on his foot
likely from a Imp, and skin cliscoloration on his shoulder which was inconsistent with a dog bite. Dr../ found no objective fmdings to corroborate r)lainu ofsodomy with a stick, electrocution, dog attack or bleach ingestion. Dr. =also fotmd
thatEllalhad a normal external anus with no fissure or hemorrhoids and a normal prostate. DEM attempted an anoscopy to examillillinternal aims, bull. wasiiiindtedt and Dr. 1111was unable to completexam. During the examination,
• such thinp Ls weakness on his left side, pain on his chest, and "nervedamn" on his face. However, when distracted/INdid not indicate these symptoms.Dr. NM indicated...exaggerated of symptoms and non-organic signs suggested hewas being untruthful to gain something other than medical treatment. (ANNEX 176)
-41-SECRET-N. OTOILT-
Finsl — 08 Novembsr 2004
DOD 431:11113 4 1
DOD055011
• r(S)en 06 June 2004,11111Iwas evaluated by Dr. Abu Mal as directed by this investiption. Dr. found that wrist scats, a possiblebone bruise on the loft forearm bums on both feet that were healing which amid have
occurred anytime during the last year, and two small scars on his shoulder that Dralill stated could be consistent bite within the last yesr: Dr. found no objective sign of trauma to NMI left ear, right eye, rectum or bottoms of his feet He saw no signs (Annum tcaliii scrotum or penis and stated that you would mpect to
see signs if there bad been electrocution, unless a very low voltage was applied or a gel was used. 'The doctor noted a normal external rectal exam with no tears (i.e. fissures). . During this examination, changed his stay from sodomy to threat of sodomy. His allegation of one burn on one foot changed to multiple burns on both feet. (ANNEX 1011)
•
(S)-On 08 JuneM4, Dr. (MAJ) Services at the liConsbat S an anosoopyrigid proctoscopy exam at the direction of this investigation. She found normal sphincter tone, no fissure, and no scarring. During a follow-on meeting, Dr. me that you would not expect to see scarring on the anal ar intestinal area of because the tissue heals quickly and thoroughly. (ANNEX 180) At this point, allegation no longer included an actual sodomy. As a result of these three examinations, the medical evidence did not corrobomte or discount allegations.

d.
(446)-On 27 May 2004, I visited the approximately one month after
the alleged abuses occurred. I observed the detainee hokling um, which was no longer in
use. I observed the chains used to secure detainees to the floor and the supply of bkmkets
and pillows which had been provided to detainees. The detention axes was secure, well-
lighted, dry, and at least mu the minimum standards for a temporary holding facility.

•
04e111111111111111111111111 I found a stick and whes. These items were found outside a locked door that appeared to be an 'mused exit of the interrogation room. personnel did not have a losy for the lock when I requested that the door be opened. However, they quickly obtained bolt cutters and cut off the lock tO provide me with access. It appeared dun this doorway had not been used for some time because it was covered with cobwebs and dirt. The stick and wires wen also covered with cobwebs and dirt, appearing u if they had not been moved for a long period of time. It did not appear that it would have been pouible for the wires to actually conduct electricity, since the copper filament was only exposed at one end of each wire. I photographed the items and directed they remain in their sanie condition for CID to examine laux. (ANNEX 186)

(U) The stick and WiTCS raised my ccatcern because TilCSC items were involved in the initial allegations. Upon considenttion, this circumstantial evidence did not lead me to substantiate the allegations when combined with other available evidence.
4
SSCRIZONGFORk, Final — 08 November 2004
42
DOD JUNE
DOD055012
-43-
Final — 08 November 2004
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DOD055013
-44-
.
Final — OS November 2004
DOD JUNE 4 4
DOD055014

there was sufficient pmbable cause to believe thatillliwas making false accusations.
(ANNEX 43)

7. -(S.) Detainees' generally maidng false accusation& As • with than=
sib • in SECTION 0 . V, paragraph 7, active anti-Iraqi

11..1 11,01,
of the same motivations to make fake
V
WU
not until after transferred to Abu Ghraib that any allegations of abuse emerged.
VI- BEAMIZEUM1111

1. 4SANF) All CJSOTF-AP personnel should be trained on MNF/ MNC-I policies regarding
detention operations and implementing procedures. CISOTF-AP personnel should be cautioned
against practices that do not comply with current policies.

3.
(8+1F)-All CJSOTF-AP personnel, receive mandatory corrective
training and education in the principles of the Geneva Conventions relating to the treatment of
detainees, including adequate diet for detainees.

4.
-(-SMNF-1 policy should establish minimum standards for detention facilities, including
capturing unit operations, to include:

•
Adequate, environmentally controlled holding areas in a secure, guarded facility;

•
Adequate bedding (blanIcet or mat) and clothing;

•
Adequate food and water (type and quantity; three meals a day);

•
Documented, systeniatic medical screenings at every level of detention;

•
Formalized accountability process at every level.

5. 4S-}No adverse action against CJSOTF-AP personnel in connection witli
alleptions.

-45-
-SeettE-13FORIN—. Final - 08 Naveraber 2004
DOD JUNE 4 5
DOD055015
SECRETNOFORN" sEcnoN THREE: 11.1.11111111.1.111111ALLEGATIONS
I. Specific Aillizadons of Abuse
1.
Were bY ENNEDIncl held at
was at April/May 04. According to the detainees'for two (2) days; 1111111was held for five (5) days; amdstatiarillivas

held for seven (7) days. (ANNEX 91; 109; 110; 111; 113)
2.ifi#1471111111111.11111.11111hege that members of and their Kurdish
interpreters mistreated them while in US custody at
•
43)1111.1111alleges he received no food or water for two days and that he could not sleepdue to loud music and someone beating on the steel door of his cell every 10 minutes to keephim awake. Additionally, he alleges he was slapped across the face and on the back of hisneck by an interpreter, and that he was placed in a crate about four feet high that requiredhim to sit on the floor of the box with his feet to his d2est. (ANNEX 112)

•
(S)1111111alleges he was held for two days in an area described as a "hall." He alleges hewas placed in a small space approximately 1 meter long and 1 meter high. He alleges he waskept there for three days without food or water, that loud music was playing constantly, andthat people bit the roof of his cell so he could not sleep. He alleges that after three days, hewas removed from the cell and had a bag placed over hiss head. He alleges he was beaten onthe head by five or six people, one of whom was a Kurd. He further alleges his clothes werecut off and he was kept naked for two more days, during which time he was not given anyfood or water. On the fifth day, he was interrogated by an American and was not mistreatedanymore. (ANNEX 113)

•
(S)-111111/11alleges he was held for seven days in a small a= he referred to as a "box." He alleges that before he was placed in the box his clothes were cut off. He alleges that whileheld in the box, his captors duct-taped his mouth and nose, making it hard for him to breath.He further alleges that water was thrown on him, that he was beaten, kicked, electrocuted, and a Kurd threatened to bringiallinvo wives there and have sex with them in frant ofhim. He alleges he was not given food or water for five dais. (ANNEX 111)

3. .4.).The alle 'ow surfaced durin random interviews with On 31 Ma 2004, CPT • terviewed
11111rhen linated if he !mew of an other detainees who had been abused, referred CP (ANNEX 36)
II. findines
iiialg)11111111111/111111111111111111W captured byI find that .1111111was held at two (2) days; Were held for seven (7) days. (ANNEX 10; 1381115711111; 211; 212) Based on the evidence, -46--SEeRETNI3FORN— Fmal - 08 November 2004
DOD JUNE 4 6
DOD055016
1111111111111.1111111111111vere blindfolded, sometimes with duct tape, for purposes of force
protection and to prevent escape. These detainees were held in small cells measuring 20 inches
(wide) x 4 feet (high) x 4 feet (deep), that loud music la at a volume to prevent
detainees from communicating with each other, and that was employed u a
method of setting favorable conditions for interrogation.

2. .(1914fPrI find allegations of physical abuse and mistreatment during their detention and interro •ons to be unsubstantiated. There is a lack of evidence to support that were beaten, electrocuted, threatened or had their families water, or held naked for prolonged penods of time. I find, based upon the testimony of11111111Ipersonnel, that these detainees were fed an adequate diet to keep them in good health, and were washed down to ensure hygiene. When we interviewed them, these detainees appeared fit and healthy.
3.-(SfIlF11111111111111111111111MEMivere held in small Cells for periods of time for purposes of segrepting combative or resistant detainees and to revent them from commimicating with other detainees. These cells did not provide room for lie down or stand up. They were removed from the cells periodically for latrine breaks, to be washed, and for interrogations. A medical record indicates that was removed on at least occasion for a medical exam at 11¦11/11/111n the sib da he was held • custody. It is unclear from the evidence to what extent ¦¦may have been held in these cells.111111111klaims seven; MI/claims fiveallipersoimel indicated that detainees were not kept in the cells for 72 continuous hours.
•
(U) AR 190-8 requires detainees to be quartered in conditions providing ample lig,ht, space,

. and comfort.

•
{SNP) While did not o te an internment facility, these small cells fall short of this minimum standard. secured combative, resistant detainees in these cells for short periods of time in order to elicit tactical intelligence.

• -(SfIrr I find that these measures, while inappropriate for long-term detention, were determined by thel.111Mto be necessary for force protection and to prevent detainees from escape. It is reasonable to conclude that this would be acceptable for short periods of time, 24-48 hours, coincident to capture and until it was reasonably practical to transfer them to a suitable facility—two days would be reasonable; five t6 seven days would not.
4. fmd that was employed on This was not in compliance with controlling CJTF -7 Interrogation policy but complied with whatterrogators believed to be controlling C117-7 policy in effect at that time.
published an interrogation SOP in Feb 2004 diat syn., based upon superseded CJTF-7 guidance. As a result, some interrogators employed interrogation techniques, including that were no longer authorized by CJTF-7 policy. I discuss, in greater detail, authorized interrogation techniques and SOP in PART M, SECTION THREE.
'SE-MEV:Cr-MORN-
Final — 08 November .2004
DOD JUNE
4 7
DOD055017
5.
(fAIFYI fmd that Loud Music was employed to prevent detainees from communicating with each other, to prevent escape and preserve tactical intelligence, and as a sleep management technique. 'This was not in compliance with controlling CJTF-7 Interroption policy but complied with what C.ISOTF-AP interrogators believed to be the C.TTF-7 policy in effect at that time, as discussed in PART M, SEC11ON THREE.

6.
(644/1)-1 find was kept naked in his cell while his clothes were cleaned after he urinated on himself. One of the team memben admitted that there were times when would be naked in his cell when he went to interrogate him. I could not confirm or deny whether 111111Owas ever kept naked in his cell as he alleges. personnel stated that as a matter of course detainees were not kept naked in their cells. CITF-7 policy requires that detainees be vested with dignity and respect, meaning consistent with the piinciples of the Geneva Conventions. This would include providing sufficient clofnecessary. While the evidence shows typically provided clothing to detainees, not offered replacement clothes while his were being washed. Repscliess, these periods of nakedness were umiecessary and inadvisable.

7.4,4111IIMINW/fiffilvere blindfolded, sometimes with duct tape over a cloth or directly on the skin, for puittoses of force protection and to prevent escape. I fmd that for these purposes and under the circumstances, this did not amount to inhumane treatment in violation of AR 190-8 or relevant provisions of international law because it was not done for purposes of intimidation or humiliation, or for extended periods of time. I found no indication they were injured or suffered physically due to blindfolding with duct tape.
Annlicable Policy
2. (U) In accordance with CITF-7 FRAGO 749, AR 190-8, and relevant portions of international law, including the Geneva Conventions, security detainees are tequired to be treated with dignity and respect and provided at least the minimum standard of humane treannent (ANNEX 5) Accordingly, capturing units must at all times:
• Treat security detain' ees humanely;
. Provide them humanitarian care and treatment;
•
Respect them as human beings;

•
Protect them from all acts of violence or threats thereof, sensory.deprivation, and all cruel or degrading treatment.

I will discuss, in greater detail, applicable provisions of AR 190-8 and international law relating to the treatment of security detainees in PART IU, SECTION TWO, below.
-48-SEERET-f1413FORpi—
— 08 November 2004
DOD JUNE 4 8
DOD055018

3. Min February 2004, tmlmowingly published an interrogation SOP based on
superseded CJTF-7 policy. (ANNEX 12; 13; 20) As a result, some 1111111111111111 interrogators lo interrogation techniques that were no authorized by C.ITF-7 policy, including
I will discuss, in greater detail, authorized interroption tecimiques in PART M, SECTION THREE, below.
rv. fsimIrtimaRrat uituau 27 Apr 04: captured by (ANNEX 91; 110; 113)
02 May 04: Illirought to for medical care (ANNEX 210)
•
complains of pain in his kidney / both wrists have abrasions

•
No complaints of abuse or mistreatment indicated by record

•
Medic stated IIIIIIIIshowed no apparent signs of abuse or mistreatment (ANNEX 229)

04 May 04: transfeffed to (ANNEX 110; 113)
05 May 04: screened' at 1111,11(ANNEX 212)
•
No complaints of a use no wounds indicated by record

•
Record notes: "Physical Condition: Remarks: None"

•
Screener and Interpreter conflict on whetherlillipresented with a black eye (ANNEX 221; 222)

•
Both Screener and Interpreter stated111111 did not appear abused or mistreated

05 May 04: Ilitcreened at (ANNEX 211)
•
No complaints of abuse indicated by record

•
Record notes: "Physical Condition: Remarks: None"

05 May 04: _
Illnterrogated all.. (ANNEX 145)
•
MIMIidentifies MT leaders and groups in Al Winat

•
Interrogator notes deception and evasiveness on Pan

•
No complaints of abuse indicated by record

09 May 04: captured bylIMANNEX 112)
I May 04: transferred to (ANNEX 112)
23 May 04: transferred to Abu Gbraib (ANNEX 113; 110)
25 May 04: screened at Abu Ghraib (ANNEX 164)
• =claims injured in arms and head during capture
31 May 04: randomly interviewed at (ANNEX 36)
-49-
SEC-MT-NOR:1%N--Final - 08 November 2004
DOD JUNE 49

DOD055019

•
refers 06 Jun 04:11111111.11111auerviewed by BG Formica at Abu Gbraib (ANNEX 113; 111) 10 Jun 04: interviewed by MAJ for BG Formica (ANNEX 112)

V.
Discussioe

-50-.--SEERE-T4140EQ1M. Final — 08 November 2004
DOD JUNE 5 0
DOD055020

c
-51-SECRETRIMFORP Final — as November 2004
. DOD JUNE
51
DOD055021
g. (6461F) According to detainees were never deprived of food or water. Detainees received the same food that the ate regardless of whether they WM. held in the small cells, or the larger room. (ANNEX 109; 110) 'The detainees' allegations that they were not fed or provided lay water whatsoever for three to five clays seems incredible to me.
(SINF)111111persoimel stated that detainees wore the clothes they had when they were apprehended. According to CPT 1111/111111Mateadar, they way not gripped naked for detention or interrogation. (ANNEX 109) 011111.11clathing was removed because he urinated on himself during apprehension. He was given new clothing upon his arrival but he urinated on himself again. His clothes were washed and he was risked for approximately an hour or two. He was not pmvided _ement clothing while his were being washed.
c _During the course of his detenti IIIIIIIIIIptuposefully urinated on himself several times." MSG Millstated that clothes would be taken while they were washed, but that
he was not intentionally deprived of clothing. He was not while naked.
(ANNEX 110) I did not have specific evidence, other I statements, to
confirm or refute that 1111111was ever held naked. As stated above, that u a matter of course detainees were not held nalced in their cells. personnel testified
i. (S441111iiiirY intenogntors for...were MSG SFC

or SSG (ANNEX 110) interrogators indicated that intespretees were
used only to translate questions. They stated that interpreters somethnes assisted inrestraining a detain' ee if they became combative but were not allowed tiff hit or otherwise
.
=note thatilinwas treated st the tuedical clinic for kidney pain on the Sh day he was held 1111 custody. lc isms& to what extent this complaint and subsequent emus is at all named to the complaints about MIIIMurinating on himself. (ANNEX 210)
-52-SEGRET4NEWORN.
Final — OS November 2064
DOD JUNE
5 2
DOD055022

"MeREVNEWORN.... .
•
touch detainees. (ANNEX 109; 110) The11¦1 interrogator, MSCrille indicated
dun no threes were ever made against detainees or their familia& (ANNEX Ill)
3. (S)Pbysfeal Evidence. The detainees' files contained only one documented medical examination—fora/IN discussed above. Howeva, thaw wens iambs mambo conducted upon transfers to and Abu Gbraib. Some of these documents were available in the detainee files. When we interviewed each of theme detaineat and we found them appuently to be in good health.
& (6419-There was no convincing physical mdi _
ff. f.L_cal evidence thatillipad been abused
while in11.111 malady. intetviewed1=1111 found bim to be large, atleast 6'3" and musadar. He was animated, vigonsus, and in good health. had sevaal small scars that could have been caused during detention or have been caused when be was subclued, or may have even preceded his capture. to me that he was kicked in the eye during his detention, resulting in a swollen and bruised eye. These was no sign of a black eye when interviewed him. He also alleged that be was badly beaten on at least one occasion during an interrogation in IIIIIIIIIcustody. (ANNE:IL 111)
• fr)-1'here are confliaing statements regarding whether bad a black eye upon histransfer toll= (ANNE3C 221; 222) The screening form upon his transfer, on or about OS May 04, notes no wounds or any other medical or physical conditions that would indicate he was severely beaten or that he bad a black eye.medically scitened on 02 May, by SSG'. who stated did not appearabused or mistreated at that time. SSG stated that be would have • if had a black . ANNEX 229) also spoke to the screener, Mr.and the ' , Mr who interviewed 'The meaner
have had an injury to his eye. (ANNEX 221) The intapreter, on theother hand, specifically recalled that MEI dicl_____
not have a black eye. (ANNEX 222)Both the saeener and the interpreter se ¦did not make any allegations ofabuse, nor did he appear mistreated or abused. (ANNEX 212; 221; 222)
b. (S.)IIIIIdso appeared in good health. Upon transfer to on or about 05
May 04, the intake form notes no medical or physical conditions or of abuse.

•
(ANNEX 211) The screener who initially interviewed...it the stated that it was common practice to annotate us visible iskiuries or outward signs o He stated,although he does not specifically, he would have noted if would have appeared abused or made iny complaints of abuse. (ANNEX 217) Additionally, upon his transfer to Abu Gbraib, claimed his arms and head were injured during capture but the
forsn notes no allegations or complaints of abuse. (ANNEX 164)
c. (3111111111111ppesrad in good health. However, detainee fila was not available
for review. He was apparently released from custody.

-53-SEGREXATOPHIN---
Final — OS Novembts 2004
DOD JUNE• 53
DOD055023
Final — 08 November 2004
DOD055024
SZOSSOCIOCI

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UNFOUNDED:
.(S)-Death of
1.4,8 December 2003, capturedillin a raid. He was detained at discussed m SECTION ONE, above. He exhibited um behavior, including removing his pants anr1.--.n himself during his detention atAfter 3 days, he was transferred to When he strived, he was =responsive and evacuated to the ItiMEINI/MaliMaivbere he died. There was no medical indication of recent trauma. The circumstances of his death were investigated and documented in an AR 15-6 investigation initiated and approved by The 15-6 conluded that
iiimpilleathvies not caused by mistreatment and did not '
(ANNEX 119)

2..(&)-As discussed in SECTION ONE, above, thellitillinp death was the result of mitstreiument. alliaras not captured, he or by CJSOTF-AP personnel;however, he was held at the same facility as his siblings. The field surgeon, whotreated1/111111111.111111 stated thatillahad some bruising. However, she saidthat condition upon his arrival at the and his subsequent death was unrelatedto any bruising. She said there was no indication of internal bleeding during her examinationand that a CT scan paformed at the. CSH found no indication of any trauma to 11111111head.(ANNEX 218)
(9).Mistraatment Allegations of1111.1.11111111111MIIMIll
1. (8114F}On I May 2004,1.111.11.fas captured by He toirdiuminhat he
had been mistreated while being held by Physicians at theexamined 11 May.2004 and again on 16 May 2004. There was no physical evidenceto. confirm any o allegations. (ANNEX 35)
2. (5) The interim aD Repon found the co taint laciced conoborating evidentie. Since there were no medical findinp consistent with•allegations, CM concladed the complaintv:as unfounded. (ANNEX 35)
-56-SEC--RE-TrX0E011141,
Final — OS November 2004
DOD JUNE
5 6
DOD055026
FOUNDED:
(-8)-Assault agahut
1. On 29 October 2003 pturedlIl and held him in temporary detention at (ANNEX 123) An informal commander's , conducted
found that one of their soldiers who was • the assaulted gracing him several times while allwas held at (ANNEX 123)
2. (8/NF). The soldier was • • lined and received a Field Grade Article 15 from/MINIM battalion commander, LTC The soldier was reduced in grade one rank, forfeited pay, and WU placed on extra duty for 45 days. He was removed from the site and returned to his parent unit. (ANNEX 123)
(*Mistreatment ARegadons of and
1. 48411/1¦1111101vere detainees who were interrogataMAIM 111.111¦11Miuring March 2004. After their interrogations, both to have *juries to their lower extremities.
2.-f9ft4TrAn AR 1g-6 investigation fotmd dud neither detainee had been mistreated by
CJSOTF-AP personnel. -The investigating officer aD,L_

determined that the most likely cause of IIIIIIIIIrnjuries was prolokneeling, while NM injuries were most likely the result of the initial take-down due non-compliance. The 10 recommended that 11111/111111do more to monitor detainees' medical condition and that plywood floors • to prevent detainees from injuring themselves. (ANNEX 83; 124) When I visited on 29 May 2004, these recommended changes were in place.
3. (SONPylf there was prolonged knee this was the result of11111111111111111mplementing stress positions as a method of interroption. lieved stress positions were authorized by CJTF-7 policy due to an incorrectly published CJSOTF-AP policy. As discussed below in PART M, SECTION THREE, C.1TF-7 policy does not authorize the use of stress positions. CJSOTF-AP has since rectified the discrepancy between their interrogation SOP and C.TTF-7 (now MNF-I / MNC-I) policy.
INVESTIGATION PENDING:
(&)-Reating Allegation of
-57-
SfiCitE-T-7'!'#A3FORili-Final — 08 November 2004
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5 7
DOD055027
-58-SECRET/NOFORN
— OS November 2004
DOD MINE 5 8
DOD055028
SECRET/NOFORN'
.
PART III: TASK THREE (PROCEDURES AND FACILITEES):
(SANE) YOU WILL SPECIFICALLY EXAMINE THE PROCED1URES AND FACILMES USED FOR DETAINEE OPERATIONS WITHIN CJSOTF-AP AND 5TR SF. GP IN ORDER TO DETERMINE WHETHER THERE HAS BEEN COMPLIANCE WITH REGULATORY AND POLICY GUIDANCE ESTABLISHED FOR DETAINEE OPERATIONS WITHIN IRAQ
48iNF) As part of this investiption, turelated to any specific alleptions of abuse, I amduCted a general review of MOTT-AP detention and interrogation operations.
*NM I identified three areas that required investiption to determine whether CJSOTF-AP
procedures and facilities complied with regulatory and policy guidance established for detainee
operations with Iraq:
•
Length of detention and processing detainees

•
Adequacy of fiscilities and treatment of detainees

•
Interrogation policies and procedures

SECTION ONE: PROCESSING GLTIDELINES AND LENGTH OF DETENTION
I. Anolicable Policy
2° On 15 MAY 2004, CITF-7 reorganized into Multi National Force Iraq (hENIF-I) and Multi Noional Corps Intq
CsoINC-1). NENF-1 assumed command and control of all CITF-7 assets in the Iraqi Area of Operations. MNC-I
assumed the operational and tactical responsibilities of CJTF-7. MNC-I bits subsequendy published FRAGOs 019
and 329 regarding detention operations.
-59-SECRETINOFORK...
Final — 08 November 2004
DOD JUNE 5 9
DOD055029
II. Mute
1.. BOTF-A indicated that necessary transfer documents, including
were completed upon transfer of detainees to a

temporary holding facility or other detention facility. (ANNEX 48; 69)
•
(U) Some personnel from MSC internment facilities indicated that CJSOTF-AP "paperwork" was at times lacking, incomplete, or otherwise inadequate upon detainee transfers. (ANNEX 55; 194)

•
(U) A sampling of roughly 35-40 files from Abu Ghraib of detainees who had been captured by CJSOTF-AP units was reviewed and found to be reasonably complete. (ANNEX 35)

2.-(1).C.ISOTF-AP has complied with the to CITF-7 PM0 (now MNC-I PMO) since May 2004. (ANNEX 32; 48)
•

3. .(8/14)-Since April 2004, CJSOTF-AP facilities at RPC and Minul routinely received a u • royal from the CISOTF outman or Deputy Commanding Officer
-60-
SEeitrriNCIFORN--Final — 08 November 2004
DOD JUNE
6 0
DOD055030
Bann

3. (SAW) While I conclude that length of detention was not an issue among CJSOTF-AP units, I found it difficult to track. A common database and automated tracking system that can be used from capturing unit to interiunent facility would greatly facilitate detainee accountability.
IV. Recommendations
1. ISINPYDetainees must be tracked from the moment of capture and tIvough each transfer by
the units involved in capture. This requires a standardized, documented accountability pmcess,

21 Determining detainee movemem or transfer between units was difficult because there was not one standardize.d
method between various units and facilities of tracking detainees from time of capture through induction at Abu
Ghraib. (ionsitx 29; 31)

-61-
—SEC—RE-WM:WORN— Final — OS November 2004
DOD JUNE 61
DOD055031
including dates of capture, trtmafers between and detainee locations down to the capturing unit leveL22 All =Oiling units—including metiadously adhere to this process.
SECTION TV/0: ADEQUACY OF FACILTTIES & TREATMENT OF SECURITY DETAINEES
I..AINIiiedialligt
2. (U) Army Regulation (4R) 190-8 provides United States Army policy for the detention of enemy prisoners of war (SPWs) and civilian internees and implements relevant international law relating to the humane treatment and protection of EPWs and other detainees under the Geneva Conventions. (ANNEX 15) -
a.
-(S).Since dte ant of major combat operations on 2 May 2003, individuals detained and held by CIS017-AP in the Iraqi Area of Operations are security detainees, a subset of civilian internees, under AR a90-8. (ANNEX 5)

b.
(U) In accordance with AR 190-8, security detainees must be gt all times:

•
Treated humanely;

•
Provided humanitarian care and treatment

•
Respected u human beinp;

•
Protected from all acts of violence or threats thereof, sensory deprivation, and all muel or depading treatment.

c.
(U) AR 190-8 requireithat security detainees be quartered in internment conditions that provide every oppornmity for health and hygiene and that provide sufficient protecdon against the rigors of the climate and the effects of war. The premises shall be protected from

* dampness and adequately heated and lighted The sleeping quarters shall be sufficientlyspacious and well ventilated, and the internees shall have suitable bedding and sufficientblankets, taking account of the climate, and the age, sex, and state of heidth of the internees.
SreftET4101zOlet----
— 08 November' 2001
DOD JUNE 6 2
DOD055032

d. (U) AR 190-8 requites that internees have for their use, day and night, sanitary conveniences that conform to the rules of hygiene and are constantly maintained and clean. They shall be provided sufficient water and soap for their daily personal hygiene. Showers or baths shall also be available.
3. A-According to FRAGO 749, all detainees/internees must be "treated in a manner accorded to EPWs pursuant to dse principles" outlined in Geneva Convention (M) Relative to the Treatment of Prisoners of War (GPW). GPW provides the following addigongladosipla applicable to the general treatment of security detainees in the Iraqi Theater of Operations:
a. (U) Common Article 3 provides, "Persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms and those placed hors de combat

[i.e.
out of combat] by...detention, or any other cause, shall in all cases be treated
humanely..."

b.
(U) Common Article 3 prohibits the following acts guimansinagszapjaa:

• violence to life Or person, in particular murder of all kinds, mutilation, cruel treatment
and torture; • taking of hostages; • • outrages upon personal dignity, in particular humiliating and degrading treatment.
c. (U) Article 13 provides: "...any unlawfill act or omission by the Detaining Power [e.g. CF in Iraq] causing death or seriously endangering the health of a prisoner of war (POW) in its custody is prohibited... In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments... Likewise, POWs must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity."
(U)
Article 17 provides: "...No physical or mental torture, nor any other form of coercion, may be inflicted on EPWs to secure from them information of any kind whatsoever. EPWs who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind."

e.
(U) Article 26 provides that daily food rations for prisoners shall be sufficient in quantity,
quality, and variety to keep prisoners in a good state of health and prevent the development
of nutritional deficiencies. It also provides that sufficient drinking water shall be supplied.

f.
(U) Article 30 and 31 require that prisoners be provided sufficient health care and health
inspections in order to supervise the general state of health, nutrition and cleanliness of
prisoners, and to detect contagious diseases.

4. (U) Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War
(GC IV) provides minimum standards for the humane treatment of security detainees under
international law. (ANNEX 5) GC (IV) provides the following adsktional minimum standards
for the general treatment of security detainees {protected persons]:
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a.
(U) Article 31 prohibits physical or moral coercion against protected persons [including security detainees], in particular to obtain information from them or from third parties.

b.
(U) Article 32 prohibits any measure of such a character as to cause the physical suffering or extermination of protected persons, including not only murder, torture, corporal punishments, mutilation, and medical or scientific experiments but also any measures of bmtality.

5. (U) Geneva C.onvention (N) Relative to the Protection of Civilian Persons in Time of War (GC IV) (1949) also provides the following relevant provisions for the safety and security of Coalition forces:
a.
(U) Article 5 provides that an indiviclual person who is defmitely suspected of or engaging in activities that are hostile to the security of State [e.g. CF in Iraq] shall not be entitled to claim such rights and privileges under GC IV that would be prejudicial to the security of such State. In each case, however, such persons shall egigribilogiasiggebeithimory.

b.
(U) Article 27 authorizes States [e.g. CF in Iraq] to take such measures of control and security in regard to protected posons [including security detainees] as may be necessary as a result of the war. •

6. (U) Detainees 'mist at all times be treated humanely. I found no agreed upon defmition of "inhumane treatment" under customary international law. The dermition of "inhumane" is subjective and open to debate. In my judgment, "inhumane treatment" at least includes some element of criminal intent, improper purposes, or disregard for human decency. It may include treatment done for purposes of humiliation, cruelty, persecution, or intimidation, not done for legitimate or other lawful purposes. Additional factors I considered were: duration, setting, and security requirements.
II. Discussion,
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ilFiN 2004, completed a of uthority (TOA) with for command and control of FRAGO 04-68 was a result standing up the RPC 7'HF and the decision dist sone detainees would be held up to 14 days in custody at RPC. (ANNEX 44)
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8. {FAY, Sustenancc Food & Water. The evidence indicates that detainees•
. were
adequate food and water. Detainees were fed three times daily at CJSOTF-AP
personnel fed detainees once every twelve hours asinquired by CISOTF-AP SOP. Detainees were typically fed either hot chow or the main meal of an MRE with cracken or bread depending on availability. Detainees were provided water freely and typically within the first
few hours of ani at a
' . ANNEX 48- 49- 58- •
em
ilirn----­
loyed two Kurdishatigreters who wore used during inuntogations intetprst "madam. On one occasion, these interpreters assimed=pasonnel in manakin; a large, combative detainee. (ANN= le; 1111) -66-
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9. 4.S.114F) agglgszuffgegiggli. Based upon my personal observations, I found CJSOTF-AP facilities generally provided adequate comfort and at least met the minimwn standard required considering the temponny nature of CJSOTF-AP facilities. Them was one exception, as discussed in PART II, SECTION THREE, where detainees WI= held in small cells at
25 NINT-1 Detention Operations advised that chaining cuffmg detainees to the floor and keeping detainees inside small ce 'on purposes would be acceptable for short periods of time. (ANNEX IS; 37) In -general, did not hold detainees longer than 3-5 days. (ANNEX 29; 66; 117) Under the circumstances as hnplemented by measures would not per se amount to inhumane ireatment in accordance with AR 190-8, paragraphs 1-5; 5-1. (ANNEX 1S)
VEMIN FOB commander, LICIMINIMMis
tated that be visited the did not inspect the detention area. (ANNEX 116) AOB conunander, MAJ 111110111111111111118 aLso visited the safehouse on multiple occasions but never saw the small cells in which detainees were held. (ANNE3C 117)
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10. (U) Personnel from a number of detention facilities acsoss the Iraqi Area of Operations,including Abu Gbraib and MSC internment and temporary holding facilities indicated that they saw no pattern of mistreatment relating to detainees transferred to their facilities from CISOTF­AP units. (ANNEX SS; 56; 74; 83; 194)
• (U) In one instance a screener from Ghraib made a , statement that a number of detainees (6-8) from 111/1/111111111111.1=1/1111/11111.1from between November 2003 and January 2004 were brought to Abu Cylnsib in "emotionally and physically distressed" conditions. The screener could not be more specific and did not specifically implicate CJSOTF-AP writs in this statement. (ANNEX 19S)
Pindines
2. {SNP) CISOTF-AP facilities generally met the minimum standards required under AR 190-8 and relevant international law. They generally, provided sufficient comfort, protection, and health for detainees considering the transitional nature and purpose of the facilities. Their facilities and procedures were adequate to ensure health and hygiene of detainees considering the short-term nature of the facilities and available resources.
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was reasonably practical to transfer them to a suitable facility. However, as discussed in PART I, SECTION THREE, five to seven days would not be reasonable.
IV. Recommendations
1. (U) MNF-I policy should establish minimum standards for detention facilities down to the
capturing unit level, as previously discussed.

SECTION THREE: INTERROGATION METHODS AND PROCEDURES
I. Annlicable Policy
1.
(U) See PART Ea, SECTION TWO, paragraphs 1 thru 5, above, for generally applicable
policies regarding the humane treatment of security detainees.

2.
(4} On 14 September 2003, the Commander of CJTF-7 (COM CJTF-7) issued an
Interrogation and Counter-Resistance Policy (hereinafter "14 September Policy" or "14
September (CJTF-7) Policy"). 'This policy authorized the use of 29 specified interrogation

techniques on security detainees. (ANNEX 12)
3. flf On 12 October 2003, COM C.TTF-7 re-issued CJTF-7 Interrogation and Counter-
Resistance Policy (hereinafter "12 October Policy" or "12 October (CJTF-7) Policy"),
superseding the 14 September Policy. (ANN'EX 13)

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a.
4S)-The 12 October Policy authorized only 17 interrogation techniques for use on security
detainees. It pmvided that, COM CJTF-7 written approval was required to use any
unspecified interrogation technique.

b.
ig The 12 interrogation techniques no lamer authorized under the 12 October Policy were:

•
Change of Scenery Up (removingfrom standard interrogation setting to somewhere more pleasant)

•
ChgaggaLisagemikmg (rePnoving to somewhere las comfortable)

•
Dietarv Manipulation (changing diet; not *privation offood or water; no adverse medical or adtural effect)

. Environmental Maninulation (altering environment to create moderate discomfort,
e.g. adjusting temperature or introducing an unpleasant smell; not condftions that would injure the detainee; detainee accompanied by interrogator at all tima)
•
Steen Adjustment (adjusting the sleeping times of the detainee, e.g. reversing skep schedule)

•
Sleep Manama:tent (detainee provided minimum 4 hours ofsleep per 24 hour period, not to exceed_72 continuous hours)

•
False Flag (convincing detainee that individuals from a country other than the United States are interrogating him)

•
Isolation (isolating the detainee from other detainees whik still complying with the basic standards of treatment)

•
Presence of Military Worlcine Does (exploits Arab fear of dogs while maintaining securiv during interrogations; dogs will be muzzled and :alder the control of MWD handler at all times to prevent contact with detainee)

•
Yelling. Loud Music. and Light Control (used to create fear, disorient detainees and prolong capture shock; volume controlled to prevent injury)

• arsdanku (Use offalsified representations including documents and reports)
• Stress Positions (use of physical postures, e.g. sitting, standing, kneeling. prone, etc., for no more than one hour per use; not to exceed 4 hours and adequate rest between use of each position will be provided)
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c. {&)-Both the 14 Septanber Policy and the 12 October Policy mandated the use of the following five general safeguards with the implementation of all authorized interrogation techniques:
•
Limited to when the detainee possesses critical intelligence;

•
Limited to where the detainee is medically and operationally evaluated as suitable (considering all techniques to be used in combination);

•• Limited to interrogators who are trained for the techniques;
•• Implemented according to a specific interrogation plan (including reasonable safeguards, limits on duration, intervals between application, termination criteria, and the presence or availability of qualified medical personnel);
• Appropriate supervision
Dfscusdon

21
e
upon their request in February 2004 for current IMMIlinterroption guidance.
(ANNEX 23; 23A; 23B) Thellielpolicy was in a memotandurn addressed to a limited distrilattion. including:
This limited distribution myab have contributed to incorrectly relying on a superseded policy.
I stated the 14 September Poli yerronibusly provided to
u These eight (8) techniques were described with precautionary language in the 14 September Policy.
(ANNEX 12)

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7. -(04410)-The evidence indicates that, from February 2004 thru May 2004, some CJSOTF-AP
(le SF GP) interrogators employed five interrogation techniques on security detainees without
COM CJTF-7 approval in contravention of the 12 October (CJTF-7) Policy (but in accordance
with the superseded 14 September (CITF-7) Policy that CISOTF-AP believed to be in effect and
that served as the basis for the CJSOTF-AP SOP). (ANNEX 20)

a.
.(S)-The five interrogation techniques were:

b.
(644F-)-Specifically:

29 See FM 34-52 for a more detailed description of interroption tnehniques. (ANNEX 16)
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•
Some detainees at were forced to repeatedly stand in their cells for periods of time (45 minutes) with only short of rest (15 minutes). (ANNEX 49; 110) Other detainees at CJSOTF-AP facilities were at times made to remain on their lames during interroptions, lmeel with their forehead against a wall, or remain standing after having been kept awake. (ANNEX 48; 50; 51; 77; 82; 88; 89)

•
Some detainees at11.111.1111111111111111111111.1111.wete allowed to sleep only four hours in a 24-hour period for three days and the short periods where they were allowed to sleep were not always allowed to be consecutive. (ANNEX 87; 77; 89; 109; 110)

•
detainees were =Posed to loud

music as a mechanism to prevent communication between detainees and as a Sleep Management technique. (ANNEX 51; 88; 109; 110)

•
sometimes washed down detainees and initially interrogated them in an air -conditioned room onoutside in cold weather. (ANNEX 26; 87; 88; 89) At times, some detainees were naked for the initial interroption. It was the interrogator's decision when the detainee would be clothed. (ANNEX 88; 89)

•
At some detainees were fed only bread or crackers and water if they did not ct•o . mate witliMMIIIIMIIIIMINImtentlas3rs. (A141NEX 88; 89)MI

MO some detaintes were only fed bread and water during their entire stay at " (ANNEX 47; 66; 69)
IR. Findines
1.
(SeinC.TSOTF-AP MM. policy authorized CJSOTF-AP interrogators to employ
twelve (12) interrogation teclmiques that were no longer authorized by CITF-7 Policy.

2.
(SANT-) As a result, some CJSOTF-AP interroptors implemented five
interrogation techniques, including Sleep Management, Stress Positions, Dietary Manipulation,
Environmental Manipulation, and YellingrLoud Music, that were not specifically authorized by
controlling CTIF-7 policy.'

3.
The use of Environmental Manipulation as an interrogation teclmique by and raised concern. This technique is designed to make detainees uncomfortable and cold. Some detainees were wet down and placed in air-conditioned room or outside in cold weather.31

30
did not attribute this diet to setting conditions favorable for interroption, i.e. an interroption
technique. As • ' • PART II, SECTION TWO above, this was the standard diet provided to
detainees at the

31 I had no specific alleptions of abuse to investigate relating to the use of this interrogation technique. However, based upon the facts contained in the report of investigation that I reviewed, there is an indication that this teclmique -74-
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4. --(SfNFK.ISOTF-AP interrogators implemented safeguards as required by CJTF-7 policy to ensure the health and safety of all detainees both prior to and after intamption. However, CJSOTF-AP empkryed pasonnel (Ws, warnuns, and an NCO) as intaroptors who had received familiarization training in intarogation techniques.
IV. B112131181R662111
1. (S/AlS) CJSOTF-AP should establish standard operating procedmes for detention and
inteuoption opaations and ensure periodic review for concliance with current MNF/MNC-I PnlicY.
2.
{friCISOTF-AP personnel conductiliteld innsuogation or debriefinp immediately following capture or supplement their with trained intarogators.

3.
iSrAll CJSOTF-AP personnel should be trained reprding authorized inteaoption techniques, specifically that Envhonmental Manipulation, Stress Positinns, Dietary ' Manipulation, Sleep Mtmagement, and Yelling/Loud lade act no longer authorized.

4.
(SIMPTAll CJSOTF-AP perionnel, especially should receive mandatory corrective training and education in the principles of the Geneva Conventions relating to the treatment of detainees, including adequate diet for detainees.

5.
411419-All CJSOTF-AP personnel, especially should receive mandatory corrective training and education in the pdnciples of the Geneva Conventions relating to the treatment of detainees, including the provision of clothing furdetainees and that unnecessary nakedness is to be avoided and is inconsistent with the principles of dignity and respect contained in the Geneva Conventions.

6.
414411)-No adverse action undataken against any CJSOTF-AP personnel in connection with general treannan of detainees in CJSOTF-AP facilities.

may have been used on the denting. wbo died after interrogation in Aga 2004. ,
As discussed in PART II, SECTION FOUR above, there is an on-going NCIS investiption into this death.

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