Internal FBI Memorandum re: Reporting Process for Detainee Abuse Allegations - Guantanamo Bay, Cuba

To GC Valerie Caproni
DG F. Thomas
UC
From : ' AGC
Date 02/28/2005
.b6
b7c
Memorandum
ALL INFORMATION C_ ONTAItl D
HEREIN IS UNCLASSIFIED
DATE 07 - 22-2009 BY 65179 DMH,TIJ::1
subject: Reporting Process for Detainee Abuse
Allegations -GUantanamo.Bay, Cuba.
-Background
In August 2004 the FBI .Office of General Counsel.assigned an.
• Assistant General Counsel. to provide legal advice on FBI
operations at Guantanamo Bay, Cuba (FBI-GTMO). Included in the.
duties of the AGC was the review of all interview summaries -
. Troduced.at GTMO for use in Department of Defense initiated
administrative proceedings for detainees. During this process
several documents containing allegations by detainees of
.mistreatment by their US captors were reviewed by the AGC and .
,analysts working at FBI GTMO. In light of the then recent media . :
reports coming from 'detention facilities • in PBI GTMO
reported these allegations to FBIHQ._ The below process was.
adopted.
'Working in a military environment and aware.of the military .
interest in allegations of detainees' abuse, FBI,GTMO also
provided notification to the legal and command 'elements . of the.
Joint Task. Force Guantanamo Bay.
Process:
FBI Documents:
FBI personnel identifying allegations leveled by detainees of'.
mistreatment or abuse documented in FBI documents (302s , SITREPS
or ECs) are.to notify and provide a copy•of the document to the
AGC and On Scene Commander (osc).
FBI018432CBT
nra urn 02/18/05-PART:8 DOJOIG012925 FBI0000081
Memoiandum from' I• to Valerie Caproni • .
Re: Reporting'Process for Detainee Abuse - Allegati, 02/28/2005 b7C
• The AGO and OSC review the. document and determine if the document
containing the allegation has been previously reported. If itis
determined the document has not been •r eported, the document is`
forwarded on:a dual track to•the apropriate oficials as
follows:
Track 1 -Legal
•
The AGC will provide'a copy of the document and summary of the .
allegation 6-imultaneouslyyia e-mail - to the .0GC chain of command
(CTLU 1 Unit Chief -NSLB 6peuty General Counsel and General •
•Counsel) •
A copy of the document,and summary of the allegation will also be
forwardedto the Inspection Division at FBIHQ.'
Allegations specifically incriminating DOJ/FBI personnel will be..
forwarded to the FBI Office of Professional Responsibility and/or
the DOJ Office of Inspector General.
The AGC will alSo provide a copy of the docuMent and/or summary'
of thaallegation.bn FBI Letterhead Memorandum to the Staff Judge
AdvoCate (the chief military legal official) of the Joint Task
Force Guantanamo Bay,
—Track 2 -Operations .
.
The OSC will provide a copy of the document and summary,of 'the
allegation simultaneously via e-mail•to the Counterterrorism .
Division. - Operational ResponsaSection (ORS)chain of•command
• (Military. Liaison Detainee Unit Chief -ORS Section. Chief and
'Deputy Assistant Director T•, J. Harrington.) •
•
The OSC will also provide a -copy-of the document and/or summary
of the allegation on FBI Letterhead Memorandum directly to the
• Commander and Chief of Staff of the Joint •ask Force Guantanamo
Bay.
Reporting requirements:
All incoming personnel to, FBI GTMO are briefed to report any and
all incidents of Detainee mistreatment to the FBI GTMO management
team.•Any incident related to the Guards mishandling/mistreating
Detainees or aggressive interrogation techniques employed by any.
agency, witnessed by FBI personnel should be reported. FBI
FBI018433CBT
(v) / 1 R/05-PART 8 MI0000082•
DOJOIG012926
,Memorandum from) Ito Valerie Caprbni
Re: 'Reporting Process for Detainee Abuse Allegati, 02/28/2005
personnel witnessing' incidents should make every effort-tO note
the time, place and perionnel involved.
These reports will be documented in EC format and'forwarded to
the appropriate authorities as outlined above.
Records::
FBI -GTMO will maintain.recOrds of all documents containing.
allegations of mistreatment of . detaineescforwarded to FBIHQ and
.JTF GTMO.
b7C'
-3-
FBI018434CBT
OIG REQ 02/18/05-PART 8 FBI0000083
DOJOIG012927