Statement from the Army regarding allegations of abuse at Abu Ghraib (two versions). Army as Executive Agent for Detainee Operations provided talking points regarding contract interrogator standards, interrogation training improvements, and Army responsibility generally regarding detainees.
RECeR134;ERSION-----4 May 2004
VCSA ORAL BRIEFING
BEFORE
HOUSE ARMED SERVICES COMMITTEE
May 4, 2004
Chairman Hunter, Congressman Skelton and Members of the Committee, on behalf of the men and women of the United States Army, I appreciate the opportunity to appear before you today to reiterate our Army's strong and enduring commitment to the highest standards in the provision of humane treatment to
enemy prisoners of war and all other personnel in the custody of our soldiers across the world. As I speak before you today, we have more than 300,000 soldiers deployed around the Globe. The vast majority of these - - ----soldiers are performing their duties with honor and courage. The reprehensible behavior of a few soldiers
• a .•• - ea
i5 11±rePresetitallve-
compassionate performance of the many.
Commanders and leaders at every level have a duty to
respect and follow the established international laws of
armed conflict and to treat those within our military
detention facilities with dignity and decency in the
same ways that we expect to be treated as Americans.
We have a further commitment and duty to hold
accountable those who commit acts that involve the
mistreatment or humiliation of detainees such as those
that have occurred at the Abu Ghraib prison in Iraq.
Recent allegations of misconduct at Abu Ghraib have hit at the very core of the values of our institution, caused us grave concern and prompted us to take a very focused and thorough review of this matter. We are taking every report seriously and are currently
2.
un-dergorn-g an-exten-siveinvestig-atron-ofevery
allegation.
5
This past January 2004, the Combined Joint Task Force-7 chain of command was presented with evidence that members of the 372d MP Company at the Abu Ghraib prison were mistreating the prisoners under their care.
The immediate CJTF-7 investigation that ensued has resulted in charges against six members of that unit for indecent acts, maltreatment, assault, dereliction of • duty and conspiracy. All six remain in Iraq pending the outcome of the charges under the Uniformed Code of
Military Justice. As the investigation continues, charges may be preferred against other soldiers. Two civilians were implicated by investigations into these incidents. Charges against civilian contract employees -may be filed by a US attorney in the federal court
sygtelii7-furt ara-ctiVities within the prison were relieved of their duties and given General Officer Letters of Reprimand. We are taking the necessary steps to bring justice to those that have perpetrated these crimes, and seven investigations have been or are being conducted to inform our way ahead and to ensure that these crimes and acts of indiscipline are not repeated at Abu Ghraib or
elsewhere.
We have also undertaken several other investigations or assessments relative to detention operations in Iraq and Kuwait. The Acting Secretary of the Army Mr. Brownlee directed in February 2004 a Department of the Army Inspector General (DAIG) functional analysis of internment, EPW, detention and interrogation policies, practices, and procedures. The
Army's Criminal Investigation Command continues to
4
failyinvestigatelTictividua -.• --IF:. -
There is also an ongoing "Procedure 15" to identify,
investigate and report questionable intelligence
activities that violate law, Executive Order, or
presidential directive.
There is simply no room in our Army for those that
do not demonstrate the basic core values of dignity and
respect for others, to include those we have detained.
We remain steadfastly committed to dealing
expeditiously with any complaint or allegation of
mistreatment, and to ensuring our commanders take
appropriate action.
Once again, thank you for this opportunity to speak before you today and I look forward to answering your questions.
4 May 2004
r •
VC.SA ORAL BRIEFING
BEFORE
SENATE ARMED SERVICES COMMITTEE
May 4, 2004
Chairman Warner, Senator Levin and Members of
the Committee, on behalf of the men and women of the
United States Army, I appreciate the opportunity to
appear before you today to reiterate our Army's strong
and enduring commitment to the highest standards in
the provision of humane treatment to enemy prisoners
of war and all other personnel in the custody of our
soldiers across the world. As I speak before you
today, we have more than 300,000 soldiers deployed
around the Globe. The vast majority of these soldiers are performing their duties with honor and courage. The reprehensible behavior of a few soldiers is not
re
V - • $ • IF.• - • - • . performance of the many. Commanders and leaders at every level have a duty to respect and follow the established international laws of armed conflict and to treat those within our military detention facilities with dignity and decency in the same ways that we expect to be treated as Americans. We have a further commitment and duty to hold accountable those who
commit acts that involve the mistreatment or
humiliation of detainees such as those that have
occurred at the Abu Ghraib prison in Iraq.
Recent allegations of misconduct at Abu Ghraib have hit at the very core of the values of our institution, caused us grave concern and prompted us to take a very focused and thorough review of this matter. We are taking every report seriously and are currently
2.
----unctergoing=arrextsrn -sive-n lauti-t) evui y allegation. This past January 2004, the Combined Joint Task Force 7 chain of command was presented with evidence that members of the 372d MP company at the Abu Ghraib prison were mistreating the prisoners under their care. The immediate CJTF-7 investigation that ensued has resulted in charges against six members of that unit for indecent acts, maltreatment, assault, dereliction of duty and conspiraCy. All six remain in Iraq pending the outcome of the charges under the Uniformed Code of Military Justice. As the investigation continues, charges may be preferred against other soldiers. Two civilians were implicated by investigations into these incidents. Charges against civilian contract employees- - -may be filed by a US attorney in the federal court
systentirtherr wu-leciders-re ansibits='1D'iamt-iviMs
within the prison were relieved of their duties and given
General Officer Letters of Reprimand. We are taking
the necessary steps to bring justice to those that have
perpetrated these crimes, and seven investigations
have been or are being conducted to inform our way
ahead and to ensure that these crimes and acts of
indiscipline are not repeated at Abu Ghraib or
elsewhere.
We have also undertaken several other
investigations or assessments relative to detention
operations in Iraq and Kuwait. The Acting Secretary of
the Army Mr. Brownlee directed in February 2004 a
Department of the Army Inspector General (DAIG) functional analysis of internment, EPW, detention and interrogation policies, practices, and procedures. The — Army's Criminal Investigation Command continues to
.
-
6 -•
There is also an ongoing "Procedure 15" to identify,
investigate and report questionable intelligence
activities that violate law, Executive Order, or
presidential directive.
There is simply no room in our Army for those that
do not demonstrate the basic core values of dignity and
respect for others, to include those we have detained.
We remain steadfastly committed to dealing
expeditiously with any complaint or allegation of
mistreatment, and to ensuring our commanders take
appropriate action.
Once again, thank you for this opportunity to speak before you today and I look forward to answering your questions.
VCSA TALKING POINTS
PROCEDURE 15, AR 381-10
-Presidential order requires an investigation of facts, when an intelligence employee does anything-questionable IAW law or regulations. This investigation is commonly called a Procedure 15.
CONTRACT INTERROGATOR STANDARDS
Due to the operational interrogator shortfalls affecting CENTCOM and SOUTHCOM, the combatant commanders have sought contractor support to augment their interrogation requirements. All contract personnel are required to have graduated from the Army Interrogator Course or a similar DoD service school producing the equivalent military occupational skill set.
ARMY INTERROGATION TRAINING IMPROVEMENTS
97E Interrogation Course. Includes legal applications pertaining to interrogation practices (10 hours of classroom instruction). Additional instruction provided by TJAG covers FM 27-10 The Law of Land Warfare, and specifically iterates "No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind what so ever.
Intelligence Support to Counter Terrorism (ISCT). ISCT is an evolving course designed to familiarize students with general target knowledge and the cultural background of detainees, specific mission requirements, and an overview of interrogation operations.
ISCT Advanced Interrogation & Analysis MIT. Provides advanced interrogation and analysis training at fixed facility locations at both Bagram (CJTF-180) and Baghdad (CJTF-7).
VCSA TALKING POINTS
PROCEDURE 15, AR 381-10
-Presidential order requires an investigation of facts, when an intelligence employee does
anything-questionable IAW law or regulations. This investigation is commonly called a
Procedure 15.
CONTRACT INTERROGATOR STANDARDS
Due to the operational interrogator shortfalls affecting CENTCOM and SOUTHCOM, the combatant commanders have sought contractor support to augment their interrogation requirements. All contract personnel are required to have graduated from the Army -Interrogator Course or a similar DoD service school producing the equivalent military occupational skill set. All contract interrogators have a minimum of a SECRET clearance. SYTEX and CACI are the contractors. SYTEX contractors "must" have graduated from the Army or other Service MOS producing school. CACI contractors "should" be a civilian equivalent to an Army interrogator or have a "similar skill set."
Intelligence Support to Counter Terrorism (Interrogation MTT) 12 Sep to 23 Oct Tactical Questioning/HUMINT MTT — 7 Nov to 13 Dec Contract Interrogators - 29 CACI employees
o 8 Contract Interrogators
o 10 Contract Screeners
o 10 Contract Intelligence Analyst
o 1 Contract Reports Officer
CONTRACT LINGUISTS: Total DoD - 4205; CJTF-7 - 3588
ARMY INTERROGATION TRAINING IMPROVEMENTS
97E Interrogation Course. Includes legal applications pertaining to interrogation practices (10 hours of classroom instruction). Additional instruction provided by TJAG covers FM -2-7-10 The Law of Land Warfare, and specifically iterates "No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind what so ever.
Intelligence Support to Counter Terrorism (ISCT). ISCT is an evolving course designed to familiarize students with general target knowledge and the cultural background of detainees, specific mission requirements, and an overview of interrogation operations.
ISCT Advanced Interrogation & Analysis MT -T. Provides advanced interrogation and analysis training at fixed facility locations at both Bagram (CJTF-180) and Baghdad (CJTF
7).
Army as Executive Agent for Detainee Operations
Talking Points
3 May 04
Situation
• In preparation for the VCSA press release on 4 May 2004 at 1330 hours on the status of the Army's detainee operations this paper provides talking points on the Army as the Executive Agent for Detainee Operations.
Background
• DoD Directive 2310.1, DoD Program for Enemy Prisoner of War (EPOW) and Other Detainees designates the Secretary of the Army as the Executive Agent for DoD for the administration of the DoD EPOW Detainee Program in ' paragraph 1.2 of the directive. Paragraph 3.4 specifically states that persons captured or detained by the U.S. Military Services shall normally be handed over for safeguarding to the U.S. Army Military Police...as soon as practical. The Secretary's responsibilities are outlined in paragraph 4.2 and subparagraphs 4.2.1 —4.2.7 as shown below.
, • 4.2. The Secretary of-the Army, as the DoD Executive Agent for the administration of the DoD EPOW Detainee Program, shall act on behalf of the Department of Defense in the administration of the DoD EPOW Detainee Program to:
4.2.1. Develop and provide policy and planning guidance for the
treatment, care, accountability, legal status, and administrative procedures
to be followed about personnel captured or detained by, or transferred
from the care, custody, and control of, the U.S. Military. Services.
4.2.2. Provide for an EPOW and CI camp liaison and assistance
program on transfer of persons captured or detained by the U.S. Military
Services.
4.2.3. Plan for and operate a U.S. EPOW and CI Information
Center and its branches.
4.2.4. Under the Geneva Conventions Relative to the Treatment of
Prisoners of War and for the Protection of Civilian Persons in Time of War
(references (d) and (e)), on the outbreak of an armed conflict, or when
persons are captured or detained by the U.S. Military Services in the
course of the full range of military operations, ensure that a national-level
information center exists that can fully serve to account for all persons
who pass through the care, custody, and control of the U.S. Military
Services.
4.2.5. Provide, in coordination with the ASD(ISA), appropriate
reports to the OSD, the Chairman of the Joint Chiefs of Staff, and
information or reports to other U.S. Government Agencies or Components,
1
DODD0A-010673
to include the Congress of the United States, or to the International Committee of the Red Cross.
4.2.6. Designate a single point of contact to provide necessary advice and technical assistance to the ASD(ISA), the Military Departments, and the Chairman of the Joint Chiefs of Staff.
4.2.7. Ensure that the Judge Advocate General of the Army, in coordination DODD 2310.1, August 18, 1994 with the Army General Counsel and the General Counsel of the Department of Defense, provides legal guidance within the Department of Defense about the DoD EPOW Detainee Program, to include review of plans and policies developed in connection with the program, and coordination of special legislative proposals and other legal matters with other Federal Departments, Agencies, or Components.
• Further, AR 190-8, Enemy Prisoners of War, Retained Personnel, Civilian
Internees and Other Detainees, the Army regulation that governs Detainee
Operations confirms this designation in paragraph 1-4 sub b. and c. Sub
pai~agraph c. further designates DCSOPS as having primary staff
responsibility for these programs included in the 5 sub-paragraphs below.
1-4. Responsibilities
b.
The Secretary of the Army (SA). The Secretary of the Army is the DOD Executive Agent (EA) for administering the DOD EPW, CI and RP Program. The SA, in coordination with the Assistant Secretary of Defense, International Security Affairs (ASD-ISA), will plan and develop the policy and coordinate the operation of the programs.
c.
The Army Deputy Chief of Staff for Operations and Plans (DCSOPS). DCSOPS has primary Headquarters, Department of the Army (HQDA) staff responsibility for the EPW, CI and RP programs. The DCSOPS will-
(1)
Develop and disseminate policy guidance for the treatment, care, accountability, legal status, and processing of EPW, CI, RP, and ODs.
(2)
Report suspected or alleged violations of law committed by or against military personnel or civilians. -
(3)
Provide HQDA staff supervision for National Prisoner of War Information Center (NPWIC).
(4)
Develop plans for the initial assignment and replacement of block internment serial numbers (ISNs) from the NPWIC to the Branch PWIC and for the assignment of the theater code section of the ISN.
(5) Provide necessary reports, coordination, technical advice, and staff assistance to:
(a)
The Office of the Secretary of Defense (OSD).
(b)
The Joint Chiefs of Staff (JCS).
(c)
The military departments.
(d)
Unified commands.
(e)
Department of State and other Federal agencies.
(t)
The International Committee of the Red Cross (ICRC).
(g)
Protecting powers.
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Key Messages
•
The Army has been designated as the Exec_ utive Agent for Detainee Operations per DoDD 2310.1 and confirms that responsibility in AR 190-8.
•
As Executive Agent, the Army is responsible for policy development as well as accountability and safeguarding of detained persons. This includes investigation of reported or alleged violations of law committed by military personnel or civilians.
•
Upon establishment of the Office of the Provost Marshal General in October of 2003, the staff responsibility for detainee operations was moved from the Deputy Chief of Staff for Operations to that office.
Possible Questions and Proposed Responses
01: What does the being the Executive Agent for Detainee Operations mean?
Al: The executive agent oversees policy at the Department of the Army and
DoD level. It also establishes procedures for accounting for detained persons.
The executive agent will also investigate reported or alleged violations of law
committed by military personnel or civilians.
Q2. Does the Army have policies and procedures in place to prevent detainee abuse?
A2. Absolutely. The Army is responsible for providing a safe and secure environment for detainees, EPWs and we take this responsibility very seriously. We train our Soldiers to fulfill their obligations, and we charge our leaders to enforce our standards. These allegations of abuse do not reflect our standards; it's simply not how we do business.
Q3. As the EPW Executive Agent, did you follow up on the recommendations that were made to improve detainee handling/operations.
A3. As the Army Executive Agency we are responsible for planning and policy, and not operations. Our efforts focus primarily on providing the Chief of Staff of the Army advice on our Title 10 responsibilities to provide trained and ready forces to Commanders.
3