The document is an internal FBI memorandum, regarding the treatment of prisoners and detainees and includes further clarifications from the Office of General Counsel on the subject. The memorandum reiterates that FBI guidelines do not allow for the use of force, threats, and/or physical abuse during interrogations.
(Rev.o11-2003)
. DECLASSIFIED BY 6.5170 D111-11.1JS
( ON 07-28-2009
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FEDERAL I3UREA1J OF INVESTIGATION
•
Precedence: PRIORITY
To: Counterterrorism
From:' C.ounterterrorism
CTORS •
..Contact: UC
Date: 05/26/2004
Attn: EAD John S. Pistole .
Approved By:' Bald Gary M b2
b6
Drafted By: . - b7C•,
Case ELM (U) '66F-HQ-A-1258990 (Pending)
Title: (U) Treatment of Prisoners and Detainees
Synopsis: (U) . Further clarify EC _from General Counsel on'
Treatment of.Prisoners'and Detainees..
Details; (U) ThiS EC. reiterates and memorializes existing .FBI
policy with regard to-interviews/interrogations of prisoners,
: . detainees and other persont under US control APUCS). The proven
..template for the success of FBI personnel during intervieWs•is a
rappOrt.based'approached. The established FBI guidelines clearly,
'state that FBI personel-may not obtain Statements during
interrogations by use force, threats, and or physical abuse
should be adhered'to" regardlesS of the operating environment.
During the course of the ongoing Global.. War on
Terrorism,. FBI personnel have been placed.in extreme operating - .
environments to include activeloattlefields. Individuals have
.been captured, detained and interviewed during these conflicts.'
These individuals' have been interviewed by multiple government
agencies with varying interview policies. 'Regardless', FBI
interview policy for FBI personnel . conducting these interviews
'does not waiver. FBI pblicy , r;.quires issuance of Miranda warnings .
during custodial.interrogations, however, the . nature.af %these
interviews .require a case by case-determination of the
appropriate advisement Of.rights, FBI personnel Should contact
TqW*B.EMIMUTARCON
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DOJOIG013195
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To: Counterterrorism %From: Counterterrorism'
Re: (U) 66F-HQ-A-125890, - 05/26/2004 .
their chain of command and appropriate legal authorities, for .
guidance .prior to the interview:
.
If an FBI agent(s) is present when the interrogation of
an.individual falls outside the prescribed FBI policy. the agent" .
must' immediately' stop the interview•and redirect.the interview to
•conform With existing FBI policy, .or-remove himselfiherSelf from
..the interview process. .
• Tf, in the opinion of.FBI personnel present, interview.
techniques being applied-exceed lawfully authorized practices, it
is his/her responsibility to report this fact to the.FBI .On Scene"
Commander (OSC). The'OSC is responsible for assessing the
situation and for reporting to appropriate 'authority such matters'
as he/she deems necessary.
Although it is unusual for FBI personnel to operate in
these environments, it isnecessarY to bring investigative
—,expertise to the scene to evaluate information discovered or to
interrogate individuals in custody when that is appropriate. :The"
.requirement forFBI" personnel to operate with specialized units"
does. nqt authorize participation, in . praotlEes-thatfal.1 .6utside,„
thelrealm.of FBI policy. .Nor does.assignment.with these • ""
.specialized units bring FBI. personnel within'their'operational"
command:"
Approved
Marion Bowman (title)." ..
Approved
Valerie Caproni (title},
9
FB 1023594CBT
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To: Couhterterrorism From.: 'Counterterrorism
Re: (U) 6.6F-HQ-A-1258990; , 05/26/2004
'LEAD (s) :
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ADMINISTRATIVE SERVICES
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