FRAGO 383A is a fragmentary Order directing soldiers to treat Iraqi civilians and detainees in a professional manner. The order prohibits the maltreatment of civilians or detainees in Iraq, the order defines maltreatment and provides a number of examples.
[There is mention of a "LTC James"].
DMAIN, 1ST ARMORED DIVISION
BIAP, IRAQ
210044DJULY03
(U) FRAGO 383A [GENERAL ORDER - CIVILIAN OR DETAINEE MALTREATMENT] TO OPORD
03-215 (IRON STABILITY)
(U) THIS FRAGO WAS REVIEWED AND APPROVED FOR RELEASE BY LTC JAMES, G-3
SUBJ: GENERAL ORDER - CIVILIAN OR DETAINEE MALTREATMENT
(U) REFERENCES:
A.
UNIFORM CODE OF MILITARY JUSTICE
B.
lAD REGULATION 27-10 IMPLEMENTING UR 27-10, AND AR 27-10
C. lAD REGULATION / SUPPLEMENT 27-10-1-A
(S)
MAPS: [NO CHANGE]
(U)
TIME ZONE USED THROUGHOUT THIS ORDER: LOCAL
(S)
TASK ORGANIZATION: [NO CHANGE]
1. (U) SITUATION. COMMANDER LAD ISSUES A GENERAL ORDER MAKING IT A MILITARY
CRIME FOR COALITION FORCES AND CIVILIANS ACCOMPANYING THE FORCE, TO MALTREAT
PERSONS IN IRAQ.
2.
(U) MISSION. [NO CHANGE]
3.
(U) EXECUTION. [NO CHANGE]
3.A. (U) COMMANDER'S INTENT. MALTREATMENT OF CIVILIANS OR DETAINEES IN IRAQ
BY lAD FORCES DURING THIS MISSION IS CONDUCT PREJUDICIAL TO GOOD ORDER AND
DISCIPLINE. THE DfkrISION CANNOT ACCOMPLISH ITS MISSION, UNLESS lAD SOLDIERS
INTERACT WITH THE CIVILIAN POPULATION IN A PROFESSIONAL MANNER THAT IS
CONSISTENT WITH IRON STANDARDS AND THE RULE OF LAW.
3.B. (U) CONCEPT OF THE OPERATION. LEADERS AT ALL LEVELS PROVIDE FOR MAXIMUM
DISSEMINATION OF THE REFERENCED DISCIPLINARY INFORMATION TO SOLDIERS AND
CIVILIANS.
3.C. (U) TASKS TO SUBORDINATE UNITS. ALL UNITS ATTACHED, TACON, OPCON, OR
OTHERWISE TASK ORGANIZED TO lAD - PROMULGATE AND ENFORCE THE TERMS OF THIS
ORDER. REFER LEGAL QUESTIONS TO SERVICING BRIGADE JUDGE ADVOCATES.
3.D. (U) TASKS TO STAFF. SJA: NLT 211200DJUL03, PROVIDE A COPY OF THIS
GENERAL ORDER TO THE TRIAL DEFENSE SERVICE BAGHDAD FIELD OFFICE.
3.E. (U) COORDINATING INSTRUCTIONS.
3.E.(1)(U) THIS GENERAL ORDER APPLIES TO ALL PERSONS SUBJECT TO ARTICLE 2,
UCMJ.
3.E.(2)(U) lAD COURT-MARTIAL JURISDICTION REMAINS IAW ARTICLES 3, 16, 17, 18,
19, 20, 21, UCMJ, AS PROMULGATED IN THE USCENTCOM AOR BY lAD REGULATION 27
10-1-A.
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3.E.(3)(U) THIS GENERAL ORDER IS EFFECTIVE IMMEDIATELY.
3.E.(4)(U) FAILURE TO OBEY THIS GENERAL ORDER IS PUNISHABLE UNDER ARTICLE 92,
UCMJ. THE MAXIMUM PUNISHMENT FOR SUCH AN OFFENSE IS A DISHONORABLE DISCHARGE,
CONFINEMENT FOR A TERM OF TWO (2) YEARS, TOTAL FORFEITURE OF PAY AND
ALLOWANCES, AND
.
REDUCTION TO THE GRADE OF PRIVATE (E1).
3.E.(5)(U) lAD PERSONNEL SHALL NOT MALTREAT CIVILIANS OR DETAINEES IN IRAQ
WHO ARE SUBJECT TO SEARCHES, QUESTIONING, CAPTURE, DETENTION OR TRANSPORT BY
PERSONS ACTING PURSUANT TO COALITION PROVISIONAL AUTHORITY AND/OR U.S.
NATIONAL COMMAND AUTHORITY. MALTREATMENT IS AN ACT OR ACTIONABLE OMISSION,
WHICH RESULTS IN PHYSICAL PAIN OR MENTAL ANGUISH TO A PERSON WITHOUT
JUSTIFIABLE CAUSE, AS PROVIDED BY APPLICABLE STATUTE(S) AND/OR REGULATION(S),
UNDER THE UCMJ. MALTREATMENT INCLUDES BUT IS NOT LIMITED TO:
3.E.(5)a. (U) HITTING;
3.E.(5)b. (U) SLAPPING;
3.E.(5)c. (U) KICKING;
3.E.(5)d. (U) BUTT-STROKING;
3.E.(5)e. (U) SPITTING ON;
3.E.(5)f. (U) USING ABUSIVE LANGUAGE; OR
3.E.(5)g. (U) CAUSING MENTAL OPPRESSION.
3.E.(6)(U) lAD PERSONNEL SHALL NOT TAKE MONEY, PERSONAL PROPERTY OR PERSONAL
PAPERS FROM CIVILIANS OR DETAINEES EXCEPT FOR THE FOLLOWING REASONS: (1) AS
EVIDENCE OF AN OFFENSE OR, (2) FOR SAFEKEEPING PURSUANT TO DETENTION. ALL
RETAINED PROPERTY TAKEN FROM CIVILIANS DURING SEARCHES, QUESTIONING, CAPTURE,
DETENTION OR TRANSPORT WILL BE INVENTORIED AND ACCOUNTED FOR ON CAPTURE CARDS
OR EVIDENCE CARDS. THIS RETAINED PROPERTY WILL BE PROMPTLY TURNED OVER TO
APPROPRIATE DETENTION FACILITY PERSONNEL.
3.E.(7)(U) DEFINITIONS:
3.E.(7)a.(U) SEARCH: INSPECTION OF PERSONS AND/OR PROPERTY BY VISUAL OR
TECHNICAL MEANS AND/OR PHYSICAL CONTACT.
3.E.(7)b.(U) QUESTIONING:
INTERROGATION OF A .PERSON FOR ANY PURPOSE, IN
ANY PLACE, WITH OR WITHOUT THE ABILITY TO TRANSLATE QUESTIONS AND ANSWERS.
3.E.(7)c.(U) CAPTURE: THE TAKING OF PERSONS AND/OR PROPERTY INTO
CUSTODY FOR CRIMINAL OR INTELLIGENCE EVIDENCE PROCESSING AT DESIGNATED lAD
HOLDING AREAS.
3.E.(7)d.(U) DETENTION:
RESTRAINING AND/OR RESTRICTING PERSONS FOR
SEARCH, QUESTIONING, TRANSPORT AND/OR PROSECUTION.
3.E.(7)e.(U) TRANSPORT:
RELOCATION, HOWEVER SLIGHT, OF PERSONS AND/OR
PROPERTY FROM POINT OF ORIGIN FOR SEARCH, SEIZURE, QUESTIONING, CAPTURE, OR
DETENTION.
.
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4.
(U) SERVICE SUPPORT: [NO CHANGE].
5.
(U) COMMAND AND SIGNAL: [NO CHANGE].
5.A.(U) COMMAND. [NO CHANGE].
5.B.(U) SIGNA
[CHANGE]. POC FOR THIS IS lAD SENIOR TRIAL COUNSEL, CPT
; AT
DNVT 551111111
ACKNOWLEDGE
DEMPSEY
BG
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