Marine Corps inquiry in to possible abuse of a detainee on April 13, 2004 at the Al Mahmudiya Forward Operating Base (FOB) in Iraq. Members of the guard force at the Detention Facility were accused of shocking a detainee using a power cord by touching him with the cord as he entered his cell. An unidentified Marine reported that he overheard some Marines discussing how they were going to attach wires to a cage to prevent a detainee from constantly grabbing the bars and "shock that mother fucker". This Marine explained that he saw another Marine attempt to shock the detainee (who was wearing a sandbag over his head per standard operating procedure). During his interview the Marine admitted to shocking the detainee. He said it was an "impulsive decision without premeditation that he now regrets".
UNITED STATES mama CORPS
18T MARINE =wares MU/
UTC 40/20
FPO AP 96425-0120
re MOLY SZFER TO:
"31110
APR 3 0 2004
SECOND ENDORSEMENT orall1=11111. Prelim Ing 5812 S-11X0 dtd 17 Apr 04
From: Commanding General, 1st Marine Division (Rein)
To:.
Commanding Officer, 2d Battalion, 2d Marines
Subj: PRELIMINARY INQUIRY INTO THE ALLEGED INCIDENT OP Awn OF A DETAINEE
BY MEMBERS OF THE DETENTION FACILITY GUARD FORCE ON 13 APRIL 2004 AT FOB
MAHMUDIYA
1.
Returned. The subject line has been modified to reflect the location of the
incident.
2.
I do not concur with o inion i. The investigation contains conflicting
statements on whether was present during the incident.
3.
The findings of fact, opinions, and recommendations of the investigating
officer, as modified and endorsed, are approved. Further investigation by the
Division R1AT is not warranted.
4.
I concur with the action to be taken by the Commanding Officer, 2d
Battalion, 2d Marines in this case. An Article 32 investigation will permit a
thorough inquiry into the truth of the allegations contained in the preliminary
inquiry and determine whether further action, to include trial by courtsmartial, is appropriate.
'371. mATTIS
Copy to:
CO
File
•( USMC 1ST MARDIV (21 )1
UNITED STATES MARINE CORPS
TNA FORCE 212
FOS At MAIGNJOIYA
MTTWA
10110 Aa 01111041110
ENUVIIMPIRTM
5800
JA
19 APR 04
FIRST ENDORSEMENT on 1..H7 C)PPreliminary Inquiry'
5812 S-1/XO dtd 17 Apr 04
From: Commanding Officer, 2d Battalion, 2d Marines
To:
Commanding General, 1" Marine Division
Subj: PRELIMINARY INQUIRY INTO THE ALLEGED INCIDENT OF ABUSE OF
A DETAINEE BY MEMBERS OF THE DETENTION FACILITY GUARD
FORCE ON 13 APRIL 2004
1.
I have reviewed and concur with the summary of findings,
opinions, and assessment of the investigating officer.
2.
I do not concur with recommendations 7(a)-(d) that the
Marines involved be subject to Battalion Level Non-Judicial
Punishment.
3.
Due to the seriousness of the allegations I am requesting
legal services for an Article 32 hearing in order to more fully
investigate the allegations.
4.
In addition, I am requesting the Division RIAT team conduct
an assessment of the incident.
UNITED STATES MARINE CORPS
TASK FORCE 2/2
FOB AL MAHMUDIYA, IRAQ
UNIT 73090
FPO AE 09509-3090
NROPINWANTO
5812
5-14111111
17 April 2004
From:
To: Commanding Officer, 2D Battalion, 2D Marines
Subj: PRELIMINARY INQUIRY INTO THE ALLEGED INCIDENT OF ABUSE OF A DETAINEE 8Y
MEMBERS OF THE DETENTION FACILITY GUARD FORCE ON 13 APRIL 2004
Ref: (a) 'TA MAN Section 0204
Encl: (1) Interview of with Privacy Act Statement
t21 Interview of ith Privacy Act Statement
(3)
Interview of ith Privacy Act Statement
(4)
Interview of iva Act Statement
(5)Article 31 Ri
(6)Interview of th Privacy Act Statement
(7)Interview of with Privacy Act Statement
(e)
Interview of with. Privacy Act Statement
(9)
Interview of with PrivaCy Act Statement
(10)Interview of th Privacy Act Statement
(11)Interview of ith Privacy Act Statement
(12)Interview o with Privacy Act Statement' '
(13)Photographs
(14)Detention Facility Logbook
(15) Detention Facility Watch Schedule
(16)Picture - Detention Facility Tent layout
1.
This reports completion, of the preliminary inquiry conducted in accordance
with reference (a).
2.
Personnel contacted:
BILLET UNIT HET Linguist. TF 2/2 SNCOIC.HET Detachment TF 2/2
Duty Corpsman Tr 2/2 Guard Force Member Tr 2/2 Guard Force member TT 2/2 Guard Force member. Tr 2/2 HET Detachment Member Tr 2/2 NET Detachment.MeMber TF 2/2 HET Detachment Member MF 2/2 Sergeant of the ceard TT 2/2 SNCOIC, Detainer Fac. TF 2/2
3. Docuzents Reviewed:
a.
TF 2/2 Detention Facility SOP
b.
Detention Facility Logbook
5ub3: PRELIMINARY INQUIRY INTO THE ALLEGED INCIDENT OF ABUSE OF A DETAINEE BY MEMBERS OF THE DETENTION FACILITY GUARD FORCE OW 13 APRIL 2004
4. Summary of Findings:
On 16 April 2004, at approximately 0930, TF 2/2 SJA and OIC
of the Detention Faci it informed me, that there was an a . of abuse o by
I immediately instructed
to have report to me.
to me 16 April 2004, at approximately 0945,1111101M serving as in support of the HET Detachment for Task Force 2/2 (TF 2/2), reports t he observed a member of the gu at the Detention Facility
shock a detainee utilizing a power cord. explained that he did not report the incident immediately on 13 April 2004 because he was not sure how to handle it. On 15 April 2004, he decided to inform his SNCOIC, who wan off the FOS for the day. finall report o
in the morning of 16 April 2004. informed who
immediately informed me at approximately 0930.
u:t identified the time of the incident as being after the mortar attack on the FOB. which the k reflects as 1050 hours and before 1200. The logbook reflects that was relieved by the new guard shift at 1215 hours. Based upon this in ormat on, the best time frame that n be Drovided is that the incident occurred between 1100 and 1200 hours. t hat
the Match Section sergeant of the Guard, (guard), and (guard) were all present t e time of the
did not know the names of the at the time of his
report to me u was le to identify each Marine by sight along with their
roles and locations during the incident.
:,-
111111
tortl after the mortar attack at 1050 hours on 13 April 2004, he observell.11111.1.1with a power cord in his hand standing. next to th le located on the right side o He further related that waa standing next to him, wi sitting at the table in the area of a transformer located on the table. toted that he overheard these Marines discussing how they were go o a ach the wires to the cage to prevent a detainee from constantly grabbing the cage. thinking they were joking, collected a detainee with the assistance o who then escorted the detainee to the HET Detachment interrogation room.
related tl'sti
Imagined that after approximately.30 minutes, he and
th the detainee in question:to return him to the cage.
elated that he recalls returning with the detainee just prior to 1200
ours on 13 April 2004. He stated he remembers. the day because of the mortar attack, which occurrect earlier that morning at 1030 hours. stated that.he grabbed a bottle of water near the entrance to the lirl
a. rinsing
his face d drinking water just outside the door. While doing this, 141
observed snort by the table where members of the guard
were loom: e . e o served ;t-) sitting at the table with
g at the table • transformer. He further stated the
a next to 1 explained that he observed attempt to shock th =CD !!!!!!!!Min a sandbag over his head per but that it appeared not to work. at the table said to touch the wires t ether to determine i they worked and in doing so, a spark was emitted
then observed place one wire to the right Chest and the
other to t e right, upper 4C of tthe detainee, electrocuting him.
stated that the Marines laughed and then placed the detainee beck into hi* cage.
Subj: PRELIMINARY mum INTO THE ALLEGED INCIDENT OF ABUSE OF A DETAINEE BY
MEMBERS OF THE DETENTION FACILITY GUARD FORCE ON 13 APRIL 2004
-1
with corroboration from and it: stated that
he saw a w re with a plug at one end and are w res at the other e
the table approximately one minute prior to shockin he detainee.
stated that he did not discuss his actions wit and that
was only present because he was escorti the nee. ust before as
" .
the detainee entered the tent, held up the wires to show members of
the HET Detachment he claims were present in the tent by the entrance. He
fUrther stated that one of them res...., his *plied inquiry, "I don't give
a fuck.° As the detainee passed, : :_,i-7i-tared that he touched the wires to
the lower right arm of the detainee , • T. t . Alter shocking him, the
detainee was placed into his cell. aimed that he was surprised
the incident and apologi to the detainee as he placed him into his cage. all.
stated that he saw with the wires i s approximately one
minute r s to the incident and that he knew what was going to do.
did not say or do anything to stop the ncident.
fact During their interviews, 111111andlEnilirelated the same bib
They do contradict a coup e of points. First, they a that
• , t)rr.i(;. • • • • esent during the incident. Second, that did not
instruct 11.") to touch the wires to test them. Finally, that
touched the • tainee only once on the lower portion of his right arm for amir
iiiiiiiaof time, probably around one to two seconds. During his interview,
dmitted to electrocuting the detainee.
On 17 April second interview, continued to
insist that he observed before the shocking incident with wires in
his hand r the 1050 hours mortar attack. He stated that he
overheard discussing with the other guard Marines how they were going
to r" wor that effect. During imriews
with :,;( ,"A„ (Ln c., and they all stated that was
not present or no recall Alligrg:Tresent.
‘
17,1
AoPrecalled that the incident occurred sometime after the 1050
hours mortar attack on 13 April 2004 and before the guard shift change at 1215
hours.
away JEW!!!!1,HET Detachment, stated that he was standing a couple of feet
facing towards the entrance. He he was looking
through files and yelling names and information out t who was
located outside the door to the left. stated that ha heard someone
inhale deeply and then a person exclaim, "it worked!" Turning
around, observed a Marine standing next to the detainee with wires in
his hand. He the detainee remove the sandbag from his eyes,
looking angry. toted that he said, "Don't do that! tend I
didn't see that t don't ever do anything like that again!" stated
he then departed. stated that he does not vocal being
inside the tent atallM the incident.
stated that be was outside the tent door to the left with detainee :I• m7.1311 , s yelling out names and information•to him. He recall -,HiT out names after the 1050 hours mortar attack and before 1-61 hours. stated he was any incident involving electrocuti n o a detainee and that sattAkramtto him of any such incident. stated that be did not recall being inside the tent.at a of the incident.
iLH7Hc.P
dosing his second interview denies anyone, particularly a HETDetaffliallet saying anything to him after shocking the detainee. Specifically, he stated a HET Detachment Marine did not say to him, 'Don't do
Subj: PRELIMINARY INQUIRY INTO THE ALLEGED INC/DENT OF ABUSE or A DETAINEE BY
mous or THE DETENTION FACILITY GUARD FORCE ON 13 APRIL 2004
that' I'll pretend I didn't see that but don't ever do that again" or words to that effect.
) ). C, stated that he was frustrated because his platoon bad recently been engaged in a severe firefight and that he felt frustrated because he had to treat de well knowing that if captured, they would not treat Americans as well. toted that it was an impulsive decision without premeditation and that he now regrets the decision.
During his interview, stated that he told TIC) follows rident that if caught, he better be a man and own up to the incident. tated that he would do so.
andliggill!stated that they were not present during the incAR!!!!!! they a bot briefed and trained the guard force on the proper handling of detainees. Further, they both stated that they both, along with told the guard force that abuse of detainees would not be accepts • e avior and was a court-martial offense.
5. opinions:
a.
That electrocuted a detainee with a cord connected to the
transformer located on the table inside the Detention Facility tent.
b.
That knew whe • was about to do, specifically that
he intended to e ectrocute the data nee.
c.
That aware of intentions, failed to take
action to stop the electrocution of the
d.
That ..1 1(11 , C) observed it) C` electrocute a detainee.
e.
That Cs anPobserved J".))i7(;) electrocute the
detainee.
f.
That heard the results of the electrocution and the
exclamation that It worked!"
g.That {:);i7‘iC) failed to report the incident to the chain of command,choosing to take corrective action through immediate counseling.
h.
That and (b)(/) ( C) failed to report the incident to the chain of cowman .
i.
That and . b 7;1 C were not present during the incident.
6. Assessment;
a. Reeardinq the presence of :=1 there is contradic 'a between
what ts and all other Matinee present. Only places
n the tent immediately before or during the incident e evidence provided, I cannot place any blame or involvement o
b, claims showing the wire and receiving tacit a " don't give a c . from HET Detachment Marines present. Though admits to being there, he stated that he was unaware of the incident unt a ter
Sub): PRELIMINARY INQUIRY INTO TEE ALIA= INCIDENT OF ABUSE OF A DETAINEE BY
MEMBERS OF THE DETENTION FAcILITY GUARD FORCE ON 13 APRIL 2004
enough factual corroboration to incriminate
it hap ned. I canno
as being aware of the incident prior to ita
either or
occurrence as claimed by
E
definiteiP(h)(7)(C' s going to do prior to the
discussed shocking the
c. .al
.1. •E
incident occ elieve C
r clan's background, set it up and
detainee and
employed it. sed upon jj)J7CC) statements of mIf id man, I knew oing to • war s to that effect. eported hearing or someone in his vicinity state., 'It wor ch implies
•
premeditation to me because he was excited that his plan was successful.
Dai said I do not have enough corroboration to definiti iiirat
nd leaned this action. I can only take admission
IlitlEtrt was upi last second decision.
d. The manner in which the detainee was shocked is in dispute. The basic
point derived from this dispute leads in two directions; one that it was an
impulsiveact other is a premeditated act. somewhere
between perception and and attempts at
mitigation. As scussed in paragrap .etter c, I think there was some
premeditation.
7. Recommendations:
a. That receives Battalion Commander's Non-Judicial Punishment
for his actions.
b.receives Battalion Commandeer Non--Judicial Punishment
b.
That II
for failing to atop the electrocution.
c.
That cPreceives Battalion Commander's Non-Judicial Punishment
for failing to report the incident to the chain of command.
d.
That ceives Battalion Conmender's mon-Jedicial Punishment
for failing to repot to the chain of command.
e.
That. congratulated and supported by the Battalion for
his actions in doing the right thing.
(b)(7)(C)
Interview of 11=11111.11111111111111M 3631
Tuesday, 13 April 2004, at around midday, he observed Marines at the TF 2/2
Interview of currently assigns to Task Force 2/2 as a Human Intelligence Exploitation Team. 3531. is in support of the
On 16 April 2004,1=111111111reported to that on
Detention Facility utilizing an electric transformer to shock detainees.
and , HET Marine, entered the Detention Facility tent to escort a data nee to the HET Try er for interrogation. Upon entering the Detention Facility tent, observed one Mar at a small table to his right, with a rans rmer on the table. described the transformer as whits, approximately one foot by tan inches, With a white power cord coming out of it, which ran out of the tent to a power source. The Marine at the table o t t ormer. Another Marine was
standing and talking to verheard their discussion.
They stated in their conversation with each other that they needed a piece of wire to connect the transformer to They also stated that they intended to shock the detainee. overheard their discussion,
stating that their concern was the detainee would not keep his hands off of the cage. By connectin wires to t a cage, their i was to prevent him holding onto the cage. served holding two pieces of wire in his hand. One was approximately three eet in length and light brown. The other piece he cannot recall the color but it was a roximately three feet in length. Believing that they were oki removed the detainee from the cage and escorted him with back to the HET Trailer for interrogation.
a.111,11111111reported that the detainee was located in a cage on the
right side o the acility, just after the table, two or three cages after
the table.
After re -1, the interrogation, which lasted approximately 3D
minutes, 0.)07X-;) and one guard from the Detentio 'turned the
detainee to t• guards inside. This guard assisting was not
involved in the initial incident of discussion and preparing the transformer.
The guard assisting exited the tent to stand outside watch.
1211111111111then took a bottle of water and began drinking it ust outside
the entrance to the Detention Facility tent. While doing so,
Observed one Marine operating the transformer, oneMarine tou w res from
the transformer to the detainee and one Marine standing in the immediate ivi ty ne standing in the immediate vicinity, he believes was
reported that the first /attempt in touching the detainee with the wires did not result in a shock. The Maxine operating the transformer instructed the Marine holding the wires to touch the two. ends together. When the two wires were touched, the served sparks. Then the Marine touched the two wires to the de his right chest and one to his upper, right back. When touched, Observed the detainee shake for approximately two to three secon wires were touching him. Once the wires were removed, the shaking stopped.-
Rgtilli observed nes laughing and then they returned theLetee to his cell. , n)(7. '"-) then took his weapon and departed. He stated that he was tr o u y comprehend what he just saw, not really
believing what he just observed.
Interview of 1111111119113531
stated that he waited a day to report it because he wanted to
th n about the incident and how to handle it. He knew someone would get in
trouble but at the same time he could not all happen again. He
stated he was going to inform it:Phis on 15 April 2004, but
he was not on 71cPn armed 16 April 2004, who
reported it to '1.)cTIC; the Task Force SJA and
, who n turn reported it AIMEE the
Second Interview
A second interview was conducted on 17 April 2004. related the same facts. When questioned if he recalls the presence o any Detachment Marines, he stated he seems to recall the presence of one. He recalls that just prior to the detainee being shocked, he heard the group of Marines by the table say words to the effect of "Me have to shock that motherfucker.°
He stated he seems to recall someone saying, "I don't care" or "I don't give a fuck° or words to that effect. As the investigating Officer, I feel he really could not be sure about this recollection. He never mentioned this before in his first interview and required my prompting him with a question of "Did you bear anyone say *I don't care' or words to that effect' which may have corrupted his recollection.
•
continued' to insist quite vehemently that 1.bk7)(C) was present
pr or o sh•k f the detainee and that he was •nr1 . ren in
his band. further insisted that he overheard LAL-)(C;
participa ng n a conversation about how to attach the electrics wires to
the cage.
e4,41. 0..
(b) (7)(C)
,b)(31 - 10 USC 13 0 ,0
This date, wledge that the following advice has been given to me by (b)(7)(C) who has been assigned by the Commanding ..,171 twines, 2d Marine Division, FMF, to gather information on the matter under investigation:
. PRIVACY ACT STATEMENT
a. AUTHORITY 44 USC 3101; 5 USC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES: The information which will be solicited is intended principally for the following purposes.
(1)
Determination of the status of personnel regarding entitlements to pay during disability benefits, severance pay, retirement pay increase of pay for longevity survivor's benefits, involuntary extensions of enlistment, dates of expiration of active obligated service, an accrual of annual. leave.
(2)
Adjudication, pursuit, of defense of claims for or against the Government of among private parties.
(3)
Other determinations, as required in the course of Naval administration.
c.
ROUT:1MM, In addition to being used within the Department of Navy and Defense for the purposes indicated above, records of investigations are routinely furnished, as apiropriate, to the Veterans Administration for use in determinations concerning entitlement to veterans and survivor benefits: to Serviceman's Group Life Insurance administrators for determinations concerning payment of life insurance proceeds; to the U.S, General Accounting Office for purposes of determinations concerning relief of accountable personnel from liability for losses of public funds and related fiscal matters; and to the Department of Justice for use in litigation involving the GOVC11301011. Additionally, such investigations am sometimes furnished to agencies of the Department of Justice and to state or local law enforcement and court authorities for use in connection with civilian criminal and civil court proceedings. The records of investigations are provided to agents and authorized representatives of persons involved in the incident, for use in legal or administrative matters. The records are provided to contractors for use in connection with settiement, adjudication, of defense of claims for or against this Government, and for the use in design and evaluation of products, services and systems. The records are also furnished to agencies of the Federal, state, or local law enforcement authorities, court authorities, administrative authorities, and regulatory authorities. For use in connecting with civilian and military, criminal, civil, administrative, and regulatory, and regulatory proceedingsand actions.
()!
d. DISCS Disclosure is voluntarily, and if you do not provide the requested information, any determinations made as a result this investigation will be made on the basis of the evidence that is contained in the investigative record.
2. Having been advised of the general nature of this investigation and of the possible effect of an adverse determination, and fully understanding my rights enumerated above, I desire to make the statement:
(b)(7)(C)
C.,-cc.
1303
Interview of 111151111111111=11/0211
Interview of
as ned to T k Force 2 2 as the
W
On 16 April 2004, a HETERMIIIR informed11111111 hat there had been pro ems with the guards and treatment of the ee with' t he TF 2/2 Detention Facility. Inquiring as to what he
meant, stated that the guards were using wires, attachil.
the metal detainee cage and ahockin . ., ., ; inside the cage. lb ,(7i;CI
iiiquired as to their names and j);(7) *plied that it was
and one other Marine he coul• on y i•en ify by sight.
iiiii
At that point, 111.111111111.nformed (b )( /');C TT 2/2 SJA and OIC of the Detention Facility.
IIMIllireported that he was made aware of the rumor, on or about 9 April
2004 that the guards had thrown a rock at one of the detainees. He heard
this throu h word of mouth, not who s cifically made him aware of
the rumor. Ci informed f the Detention Facility,
that he ne,..rM •• eel his Marines regar ng t 's rumored incident. He
im
instructed '.37)fC;.: that it would be beet to reiterate to the guard fo ding the proper conduct of guards and the treatment of detaineee. replied that he would.
INIEMIefated that it is common practice for the Counterintelligence Marines within the HET Detachment, regularly reminded the guard force at the Detention Facility about the importance of the proper treatment of the detainees. They did this because they wanted to ensure complete understanding of the policy and due to the importance of the requirement.
During repatriation or processing to higher headquarters, the CI Marines and
Marine linguists ask the detainees if they have been treated fairly or if
there have been any problems with their treatment. As of this date, all
detainees reported no problems or concern,.
DOD JUNE 1304
This date, 10 , -I i .. t.-1 ¦A 1,, • ,1 wledge that the following advice has been
given to me • r 011 7 ; ; C) who has been assigned by the
Commariding I fel , Ar :rTrl . . s, 2d Marine Division, FMF, to gather
. 1 I
information on the matter under investigation:
1. PRIVACY ACT STA
a. AUTHORITY 44 USC 3101; 5 USC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES: The information which will be solicited is
intended principally for the following purposes.
(1)
Determination of the status of personnel regarding
entitlements to pay during disability benefits, severance pay, retirement pay increase of
pay for longevity survivor's benefits, involuntary extensions of enlistment, dates of
expiration of active obligated service, an accrual of annual leave.
(2)
Adjudication, pursuit, of defense of claims for or
against the Government of among private ponies.
(3)
Other determinations, as required in the course of
Naval administration.
c.
EQUINUSES. In addition to being used within the Department of
Navy and Defense for the purposes indicated above, records of investigations are
routinely furnished, as appropriate, to the Veterans Administration for use in
determinations concerning entitlement to veterans and survivor benefits: to Serviceman's
Group Life Insurance administrators for determinations concerning payment of life
insurance proceeds; to the U.S, General Accounting Office for purposes of
determinations concerning relief of accountable personnel from liability for losses of
public funds and related fiscal matters; and to the Department of Justice for use in
litigation involving the Government. Additionally, such investigations are sometimes
furnished to agencies of the Department of Justice and to state or local law enforcement
and court authorities for use in connection with civilian criminal and civil court
proceedings. The records of investigations are provided to agents and authorized •
representatives of persons involved in the incident, for use in legal or administrative
marten. The records are provided to contractors for use in connection with settlement,
adjudication, of defense of claims for or against this Government, and for the use in
design and evaluation of products, services and systems. The records are also furnished
to agencies of the Federal, state, or local law enforcement authorities, court authorities,
administrative authorities, and regulatory authorities. For use in connecting with civilian
and military, criminal, civil, administrative, and regulatory, and regulatory proceedings
and actions.
4:;k4t t 1-J
DOD JUNEE 1305
DODDON001043
d. DISCLOSURE: Disclosure is voluntarily, and if you do not provide the requested information, any determinations made as a result this investigation will be made on the basis of the evidence that is contained in the investigative record.
2. Having been advised of the general nature of this investigation and of the possible effect of an adverse determination, and fully understanding my rights enumerated above, I desire to make the statement:
(b)(7)(C)
ied:444)
Interview of 8432/8404
Interview of
is currently assigned to TF
11111111 On 13 April 2004, was serving as
in the TF 2/2 Detention Fac e was present in the Detention Facility
from 0700 to 1245.
stated that he did not observe. Marines electrocuting a detainee or attempt ng to wire the detainee cage with electrical wire in order to shock. He stated that he has served on duty approximately five to six times at the Detention Facility and has never observed any mistreatment by the Marine guards of any of the detainees.
il;17;1(21 stated that he did not hear the Marines discussing a plan to
electrocute a detainee. He stated that he has heard the Marine guards in the
past express frustration and anger because of detainees within the facial
. red upon their fellow Marines the night before. At no time did (LA( 7 )(G) ever believe or feel that these statements were ever more than expressions of frustration. These expressions included general statements of frustration about operations and the lack of assistance from the Iraqi populace but never identified or was directed towards individual detainees.
stated he spent moat of his time outside of the actual
ention ac lit tent readin at=ria. f r h'r Pin. His
RANK
UNIT Tr zit
This date, Oven to me b I 2c I hereby acknowledge that the following advice has been who has been assigned by the
Commanding Officer of 2d Battalion, 2d Marines, 2d Marine Division, FMF, to gather information on the matter mtder investigation:
1. PRIVACY ACT STATEMENT
a. AUTHORITY 44 USC 3101; 5 USC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES: The information which will be solicited is intended principally for the following purposes.
(1)
Determination of the status of personnel regarding entitlements to pay during disability benefits, severance pay, retirement pay increase of pay for longevity survivor's benefits, involuntary extensions of enlistment, dates of expiration of active obligated service, an accrual of annual leave.
(2)
Adjudication, pursuit, of defense of claims for or against the Government of among private parties.
(3)
Other determinations, as required in the course of Naval administration.
c.
ROUTINE USES. In addition to being used within the Department of Navy and Defense for the purposes indicated above, records of investigations are routinely furnished, as appropriate, to the Veterans .Adminiscration for use in determinations concerning entitlement to veterans and survivor benefits: to Serviceman's Group Life insurance administrators for determinations concerning payment of life insurance proceeds; to the U.S, General Accounting Office for purposes of determinations concerning relief of accountable personnel floor liability for losses of public funds and 'elated fiscal matters; and to the Department of Justice for use in litigation involving the Government Additionally, such investigations we sometimes furnished to agencies of the Department of Justice and to state or local law enforcement and court authorities for use in connection with civilian criminal and civil court proceedings. The records of investigations are provided to agents and authorized representatives of persons involved in the incident, for use in legal.or administrative matters. The records are provided to contractors for use in connection with settlement, adjudication, of defense of claims for or against this Government, and for the use in design and evaluation of products, services and systems. The records are also furnished to agenciei of the Federal, state, or local law enforcement authorities, court authorities, administrative authorities, and regulatory authorities. For use in connecting with civilian and military, criminal, civil, administrative, and regulatory, and regulatory proceedingsand actions.
d.
DISCLOSURE: Disclosure is voluntarily, and if you do not provide the requested information, any determinations made as a result this investigation will be made on the basis of the evidence that is contained in the investigative record.
2. Having been advised of the general nature of this investigation and of the possible effect of an adverse determination, and fully understanding my rights enumerated above, I desire to make the statement:
(b)(7)(C)
•
e t.3)
interview of11.111MINIIIMIoils
assigned to
TF 2/2. y assigned a rd for the
Detention Facility, assigned to watch section.
pre Sting was advised of his rights under Article 31 of the Uniform Code of
Military Justice. The enclosed Article 31 Rights Form, attached, shows his
understanding and waiver of his rights as indicated by his initials and
signature.
stated that he shocked a detainee with an electrical cord as
scorted him back to his cage. He stated that the time was after the
attack, which is entered into the logbook as occurring at 1050 hours
on 13 April 2004. He stated that the cord had a plug attached to one end and
bare, stripped wires at the other end. He stated thet the wires were green
and brown. He stated that the wire was on the table and that he picked it up
and held it approximately one minute prior to the detainee entering the tent.
He stated that as he observed the detainee enter, he plugged it into the back
of the transformer.
1121111111sfated that he observed approximately five members
Detachment at the far end of the tent, next to the entrance.
stated that as the detainee approached, he held up the wires to s•ow 2 e
members Detachment and that he heard one state, don't give a
fuck." tated that half the reason he did this was because of the
statemen o e ET Detachment Marine.
(b)(7)t,U) stated that as the detainee passed, he couched the wires to the
detainees left forearm, near the wrist. He stated that he observed the
detainee pull his arm away as if shocked. He stated that the fuse had blown
on the transformer but could not recall when and that he was not sure if the
transformer was even operational. He stated that he did not know if the
detainee jerked his arm because of an electric shock or because the wire
pricked his arm.
stated that he was an electrician before entering the 'Marine Corps
and that he was trained by his stepfather, a licensed electrician. He stated
that he worked for him in high school during summers and fo
after high school. graduated high school at age 17. claims
to know electricity at the transformer was 110 volts. n ing this,
he stated that he that this voltage would not kill or injure the detainee,
only causing him to feel a "tingle". He further stated that the back of the
transformer had a gauge indicating 110 volts.
stated that he found the wires on the table where they had not been there before.
When asked why he did this, stated that it was a spur of the moment, teenage, stupid decision. He stated that he did not do this as a preplanned act. He stated that he was frustrated with the detainee because he kept breaking the rules and attempting to communicate with all the other detainees, even after being instructed to atop utilizing his native language.
Further, he was frustrated because he knows the enemy would not follow thelaw of iced to do so. He felt angry that his platoon was attacked recently and was nearly overrun. Re stated that all this led to his frustration and instant, bad decision.
interview 0311
1111111111Istated that L7. informed the group on the morning of 16 April
2004, that there was an allegation of a detainee being shocked and an
investigation was being initiated. ' He stated that he told his guard force
that he would admit to the incident to prevent their getting into trouble.
iH7 stated that he does not recall being present. The Investigating Officer knows that at least one guar must be located outside and with three of the four members of the guard force inside, one would have to be outside.
stated th r esent during the incident. He
further stated that and briefed them that they were not
to mesa with the detainees and that they were not allowed to abuse them.
Second Interview
A second inter u 7 ril 2004. During this interview I
determined that and 11d discussed the investigation
after being intern. . This is in direct violation of my orders not to
discuss the investigation with anyone.
Wr
EN did not change the facts that he presented yesterday during the
at inteXView. He continued to insist that approximately five to six HET
Detachment Marines were present at the end of the tent, that he showed them
the wires and that one of them said, "I don't give a fuck.'
He stated he does not recall the presence of a HET Marine next to the table
but was not willing to go so tar as to say that someone was not there.
(b)(7)(C)
UNI
This date, Le,. acknowledge that the following advice has been
r I
given to me (b ) who has been assigned by the
Commanding 7. of 2d B ion, 2d Marines, 2d Marine Division, FMF, to gather
information on the matter under investigation:
1. PRIVACY ACT STATEMENT
a. AUTHORITY 44 USC 3101; 5 USC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES: The information which will be solicited is intended principally for the following purposes.
(1)
Determination of the status of personnel regarding entitlements to pay during disability benefits, severance pay, retirement pay increase of pay for longevity survivor's benefits, involuntary extensions of enlistment, dates of expiration of active obligated service, an accrual of annual leave.
(2)
Adjudication, pursuit, of defense of claims for or
against the Government of among private parties.
(3)
Other determinations, as required in the course of
Naval administration.
e.
11(1) MEM% In addition to being used within the Department of Navy and Defense for the purposes indicated above, records of investigations are routinely furnished, as appropriate, to the Veterans Administration for use in determinations concerning entitlement to veterans and survivor benefits: to Serviceman's Group Life Insurance administrators for determinations concerning payment of life
insurance Meccas; to the U.S, General Accounting Office for purposes of
determinations concerning relief of accountable personnel front liability for losses of
public funds and related fiscal matters; and to the Department of Justice for use in litigation involving the Government. Additionally, such investigations are sometimes furnished to agencies of the Department of Justice and to state or local law enforcement and court authorities for use in connection with civilian criminal and civil court proceedings. The records of investigations are provided to agents and authorinxl representatives of persons involved in the incident, for use in legal or administrative matters. The records are provided to contractors for use in connection with settlement, adjudication, of defense of claims for or against this Government, and for the use in
design and evaluation of products, services and systems. The records are also tiunished to agencies of the Federal, state, or local law enforcement authorities, court authorities, administrative authorities, and regulatory authorities. For use in connecting with civilian and military, criminal, civil, administrative, and regulatory, and regulatory proceedingsand actions.
.
atic L. P19
1312
d. DISCLOSURE: Disclosure is voluntarily, and if you do not provide the
requested information, any determinations made ac a result this investigation will be made on the basis of the evidence that is contained in the investigative record.
2. Having been advised of the general nature of this investigation and of the possible effect of an adverse determination, and Hilly understanding my rights enumerated above, I desire to make the statement:
(b)(7)(C)
Rive t-(LO
Artlde 31 of tyle Iktio m Code of Military .Mice . Conipuiiory proltiibibed.
(a)
No person subject to this aide that compel MY Peyotl to incriminate Pimaor to mow any QUES1,211 the answer to which may tend to inakninate ten.
(b)
No persm subJectio this code Mall interrogate, or request any deterrent from an amused ors person suspeded of an offense without first Wonting tinof the nabse ofthe arrieilliOn and athiang him that he does not have to make any segment regarding theaflame or which he is amusedtomato:tot! and thatany summit made by tam may be used as riddance against tem in a Vial court-rrereal.
(c)
No person subjatto this code shall compel any paean to make a sletenient or prod= evidence before any military tribunal if the statement or evidexe is not material to the issue and may tend to degrade hie.
(d)
No Stannent Oblained from any person in vis tion re" cis article, or unlawful imducerest that be received In &Ade= against him Ni a Mai by court martin.
Article 31 Rights
Name: (b)(7)(C) Rank/Grade: 1111111____
Unit: -T-F.
191elmakt,
I haye,been advised that I may be suspected of the offense(s) of:
i'.. de. 44.4Are cue vrokji0N.ar k 92•
I have the right to remain silent.
Any statements I do make may be used as evidence against me in
trial by court-martial.
I have the right to consult with a lawyer/counsel prior to any
questioning. This lawyer/counsei may be a civilian lawyer
retained by me at my own expenses, a military lawyer appointed to
act as my counsel without cost to me, or both.
I have the right to have such retained civilian lawyer,and/or
appointed military lawyer present during this interview.
I have the right to terminate this interview at any time.
CW Matra
I further certify and acknowledge that I have read the above
s1
ement of my rights and fully understand them, and that: I expressly desire to waive my right to remain silent. I expressly desire to make a statement. I expressly do not desire to consult with either a civilian lawyer retained by me or a military lawyer appointed as my counsel without cost to We prior to questioning. I expressly do not desire to have such a lawyer present with me during this interview. This acknowledgement and waiver of rights is made freely and voluntarily by me, and without any promises or threats having been made to me or pressure or coercion of any kind having bees used against me
Understanding my rights under U.C.M.J. Article 31, I wish to make the
following statement:
fmeL.W.1
DOD JUNE 1314
Interview of (b)( --SSN /0311
0(C)
/0311. s assigned
F 2/2. He is current y Guar or the
ac y assigned as a member of etch section.
:1,1;702,1 initially denied any knowledge of the incident but it was apparent to the investigating officer that he was not telling the truth based upon his body language and verbalizations. Throughout the interview he Chose language to imply that he knew what was going on in an attempt to mitigate his involvement or prior knowledge.
EISM ¦eventually stated that he observed with a wire in his hand, which stretched back towards the table with the transformer on it. He stated that he did not know if it was plugged in but stated that he was not stupid and new that it was.
(L,1;7. 10) stated chat, again not being stupid; he knew what intentions were, specifically that he was going to shock a deta se.
( 1.) 7)(C) stated that he observed th escorted b pass
As the detainee passed o 44
de a little as if he had been shocked. He eta ed that the
detainee used his hands to then raise the sandbag Cram his eyes to see.
tated that1111,1111Ithen took the detainee to the cage located
org sde of the Detention Facility tent just after the table with the
transformer on it.
(L))1 7)C:,) stated that incident, while he and were
out the trash, he told that it he was caught, he expected
1)1(7)(C)
to be a man and take t they did not all go down for the incident.
1 7 1
stated thatlamstated he would do so.
(i).( 1 )(C) stated that ( 13) (/) (C ) was not present at the time of the incident in question.
stalled that the incident occurred sometime latex the mortar
IIIPPlir
a ac on 3 April 2004, which is noted in the logbook as occurring at 1050
hours, and before the guard shift change when he was relieved just after 1200
hours.
statedPdid his intentions prior to the
nc t run rst was going to do in the moments
prior to the incident.
Second interview
A second interview was conducted on 17 April 2004. 11111111111 when ailik stated that after his interview, be did discuss the investigation with He agreed when asked if he recalled being ordered not to discuss the investigation with anyone.
7)I C) stated that he does not recall a HIT Detachment Marine standing
near .1m at the end of the table to the right side of the t not
able to deny the presence of a HE? Marine tithe 4 ies
hearing a HET Detachment Marine say anything to (b1(7)(C) a er ng the
detainee.
raci.11.)
RAMMER__
This $ acknowledge that the following advice has been
to , h , ¦ ( who has been assigned by the
Commanding Officer of 2d Battalion, 2d Marines, 2d Marine Division, FMF, to gather
information on the matter under investigation:
I. PRIVACY ACT STATEMENT
a. AUTHORITY 44 USC 3101; 5 USC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES: The information which will be solicited is intended principally for the following purposes.
(1)
Determination of the status of personnel regarding entitlements to pay during disability benefits, severance pay, retirement pay increase of pay for longevity survivor's benefits, involuntary extensions of enlistment, dates of expiration of active obligated service, an accrual of annual leave.
(2)
Adjudication, pursuit, of defense ofclaims for or against the Government of among private parties.
(3)
Other determinations, as required in the course of Naval administration.
c.
ROUTINE USES. in addition to being used within the Department of Navy and Defense for the purposes indicated above, records of investigations arc routinely furnished, as appropriate, to the Veterans Administration for INC in determhiations concerning entitlement to veterans and survivor benefits: to Serviceman's Group Life Insurance administrators for determinations concaning payment of life insurance proceeds; to the US, General Accounting Office for purposes of determinations concerning relief of accountable personnel from liability for losses of public funds and related fiscal matters; and to the Department of Justice fir use in litigation involving the Government. Additionally, such investigations are sometimes furnished to agencies of the Department of Justice and to state or local law enforcement and court authorities for use in connection with civilian criminal and civil court proceedings. The records of investigations are provided to agents and autborized representatives of persons involved in the incident, for use in legal or admin relive matters. The records are provided to contractors for use in connection with settlement, adjudication, of defense of claims for or against this Government, and for the use in design and evaluation of products, services and systems. The records are also furnished to agencies of the Federal, state, or local law enforcement authorities, court authorities, administrative authorities, and regulatory authorities. For use in connecting with civilian and military, criminal, civil, administrative, and regulatory, and regulatory proceedings and actions.
d.
DDCLOSURg: Disclosure is voluntarily, and if you do not provide the requested information, any determinations made as a result this investigation will be made on the basis of the evidence that is contained in the investigative record.
2. Having been advised of the general nature of this investigation and of the possible effect of an adverse determination, and fully understanding my rights enumerated above, l desire to make the statement
eat. t 4 )
Interview of 11101111111111111.1111511110311
w 0311. is assigned
In
to TF 2/2. Me is currently assigned as a uar at t e TF 2/2
Detention Facility.
a returning a detainee
from the head after interrogation b H the detainee
inside the Detention Facilit tent told stop for a
minute with the detainee. stop ainee in front of the
table on t e ri ht hand side cf the tent. was standing next to the
table. standing behind and to e e t of the detaineeliiiird
he e sines s shoulder and observed the actions of
reached out and touched two wires, one red and one ue, to the
On 13 April 2004, a little before 1200,
tainee. Both wires were touched to the detainee's right hand, causing the
detainee to move his hand. MIMINIFteted he did not observe the
detainee's body convulse; only that he jerked his hand away. The detainee
had a sandbag over his head due to his being escorted outside the Detention
Facility tent per Detention Facility SOP.
Oeki
e detains d, 0:711 stated that he 1. 1:/) (C) and ."
laughed. returned him to his cage. ,'0:.:) stated
that his laughing was to go along with the rest of the teI ,, • soon as
the detainee's cage, he stopped laughing. The de ke
who apologized to the detainee for the actions of
stated that he apologized to the detainee because he was not aware tha
was going to shock the detainee and felt badly because he knew it was
wrong.
7 (3) stated that the detainee's cage was the last cage on the left hand side of the tent.
(;)P
1111=111observed that the wires in !iW -,-hands were attached to a
white transformer on the table on the right hand side of the Detention
Facility tent.
stated that he did not report the incident becauseill111,1111is
his friend and he did not want to be known as a snitch.
stated that the Detention Facility, informed
him, and on the morning of 16 April 2004
that t e eam was rig investigated. Informed them r ardin an
incident of s g a detainee. stated that
told him, that ntended to admit to the incident because a not
want the whole team to get in trouble because of his actions.
stated that he does not recall if was present or not.
Second Intervi.ew
A second interview was conducted on 17 April 2004. when asked
recalled hearing state, It worked!' or wo s to t at effect.
(h )( 7)(c) does not recall a nt Marines being present in the
tent or that anyone addresse fter shocking the detainee.
IIP!!!!11stated again that he does not recall being present inhi(7I:(3)P
This date, 4 , _ „,., . ,15.. :I acknowledge that the following advice has been given to me by ' L )f 76u who has been assigned by the Commanding I - I , of 2d Battalion, 2d Marines, 2d Marine Division, FMF, to gather information on the matter under investigation:
I. PRIVACY ACT STATEMENT
a. AUTHORITY 44 USC 3101; 5 USC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES: The information which will be solicited is intended principally for the following purposes.
(1)
Determination of the status of personnel regarding entitlements to pay during disability benefits, severance pay, retirement pay increase of pay for longevity survivor's benefits, involuntary extensions of enlistment, dates ofexpiration of active obligated service, an accrual of annual leave.
(2)
Adjudication, pursuit, of defense of claims for or against the Government of among private parties.
(3)
Other determinations,. as required in the course of Naval administration.
c.
ROUTINE USES, In addition to being used within the Department of Navy and Defense for the purposes indicated above, records of investigations are routinely furnished, as appropriate, to the Veterans Administration for use in determinations concerning entitlement to veterans and survivor benefits: to Serviceman'sGroup Life Insurance administrators for determinations concerning payment of life insurance proceeds; to the U.S, General Accounting Office for purposes of determinations concerning relief of accountable personnel from liability for losses ofpublic funds and related fiscal matte's; and to the Department of Justice for use inlitigation involving the Government Additionally, such Investigations are sometimes furnished to agencies of the Department of Justice and to state or local law enforcement and court authorities for use in connection with civilian criminal and civil court proezedings. The records of investigations are provided to agents and authorizedrepresentatives of persons involved in the incident, for use in legal or administrative matters. The records are provided to contractors for use in connection with settlement,adjudication, of defense of chums for or against this Govennnent, and for the use in design and evaluation of products, services and systems. The records are also furnishedto agencies of the Federal, state, or local law enforcement authorities, const authorities, administrative authorities, and regulatory authorities. For use in connecting with civilianand military, criminal, civil, administrative, and regulatory, and regulatory proceedingsand actions.
d.
DISCLOSURE: Disclosure is voluntarily, and if you do not provide the requested information, any determinations made as a result this investigation will be made on the basis of the evidence that is contained in the investigative =COAL
2. Having been advised of the general nature of this investigation and of the possible effect of an adverse determination, and firlly understanding my rights enumerated above, I desire to make the statement
(b)(7)(C)
EAg i (7)
1320
TittAlerVillOw of
Interview of [ 1 -ft ) 0211. 1 is
• orce 2/2 as the
I l ; li, 7 ,( C stated that he does not know of incident where a guard force member shocked a detainee. He stated that he was in the area that day because the NET Detachment was processing new detainees into the Detention Facility. He stated that his role that day was to ensure photographs were taken to document the condition and identity of the new detainees and that he was regularly transporting these photographs back the HET Detachment office located across the FOO in the Battalion COC building.
tated that he was in the tent following the mortar attack,
whit the 1 ook reflects as occurring at 1050 hours on 13 April 2004. He
again emphasized that he was not aware of any incident where any member of
the guard force shocked a detainee.
(
tated tha was present at the Detention Facility
that day, serving as for the HET Detachment during in-processing.
st ed that her members of the HET Detachment present included
and The logbook reflects that these members were
presen oughout the morning of 13 April 2004.
b ) (7)(c ) RA
UNIT ih 1-51 • 1:, 130b
This date, / I hereby acknowledge that the following advice has been given to me by who has been assigned by the Commanding Officer of 2d Battalion, 2d Marines, 2d Marine Division, FMF, to gather information on the matter under investigation:
I . PRIVACY ACT STATEMENT
a. AUTHORITY 44 USC 3101; 5 USC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES: The information which will be solicited is intended principally for the following purposes.
(I)
Determination of the status of personnel regarding entitlements to pay during disability benefits, severance pay, retirement pay increase of pay for longevity survivor's benefits, involuntary extensions of enlistment, dates of expiration of active obligated service, an accrual of annual leave.
(2)
Adjudication. pursuit, of defense of claims fur or against the Government of among private parties.
(3)
Other determinations, as required in the course of Naval admirristration.
c.
ROUTINE USES. In addition to being used within the Department of Navy and Defense for the purposes indicated above, records of investigations areroutinely furnished, as appropriate, to the Veterans Administration for use in determinations concerning entitlement to veterans and survivor benefits: to Serviceman'sGroup Life Insurance administrators for determinations concerning payment of life insurance proceeds; to the U.S, General Accounting Office for purposes of determinations concerning relief of accountable personnel from liability for losses of public funds and related fiscal matters; and to the Department of Justice for use inlitigation involving the Government Additionally, such investigations are sometimes furnished to agencies of the Department of Justice and to state or local law enforcement and court authorities for use in connection with civilian criminal and civil court proceedings. The records of investigations are provided to agents and authorizedrepresentatives of persons involved in the incident, for use in legal or administrative matters. The records are provided to contractors for use in connection with settlement, adjudication, of defense of claims for or against this Government, and for the use in design and evaluation of products, services and systems. The records are also finnished to agencies of the Federal, state, or local law enforcement authorities, court authorities,administrative authorities, and, regulatory authorities. For use in connecting with civilianand military, criminal, civil, administrative, and regulatory, and regulatory proceedings and actions.
fog-0 ,
d. ggiCI,OSURE: Disclosure is voluntarily, and if you do not provide the requested information, any determinations made as a result this investigation will be made on the basis of the evidence that is contained in the investigative record.
2. Having been advised of the general nature of this investigation and of the
possible effect of an adverse determination, and fully understanding my rightsenumerated above. I desire to make the statement:
(b)(7)(C)
E;vec (V
Interview ofleMINIMINIMMIIMMI 0211
Interview of 02116 is currently
Force 212 as
stated that he was standing approximately two feet away, next to
the tibia in the Detention Facility tent nearest the end to the door. He
stated that he was facing away from the table, facing the door and wails
through some files while calling out names and information to
He stated that b't,7 was located outside the tent entrance to the left.
Mi()C(3) that he and a sudden inhalation and aomeone exclaim, "It
worked!" observed a Marina standing next to the
orked!" Turning around,
detainee with wires in his . an . e also observed the detainee remove the
sandbag from his eyes, looking angry. stated that be said, "Don't
do that I didn't see that but don t ever do anything Like that
again!" stated he then departed.
recalled that the incident occurred sometime after the 1050 hours
mortar at ck and before the guard shift change at 1215 hours.
rb71.0).stated that they were processing a nuMbez of detainees for admission to the Detention Facility or for release.
He stated that and11,111111114e re not present in the tent at the
time of the incident.
(AJC. et)
This date, .17 I hereh acknowledge that the folloWing advice has been giventomeb who has been assigned by the Commanding Offi o Battalion, T. Marines, 2d Marine Division, FMF, to gather information on the matter under investigation:
I . PRIVACY ACT STATEMENT
a. AUTHORITY 44 USC 3101; 5 USC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES: The information which will be solicited is intended principally for the following purposes.
(1)
Determination of the status of personnel regarding
entitlements to pay during disability benefits, severance pay, retirement pay increase of
pay for longevity survivor's benefits, involuntary extensions of enlistment, dates of
expiration of active obligated service, an accrual of annual leave.
(2)
Adjudication, pursuit, of defense of claims for or
against the Govermnent of among private parties.
(3)
Other determinations, as required in the course of Naval administration.
c.
ROUTINE USES. In addition to being used within the Department of Navy and Defense for the purposes indicated above, records of investigations arc routinely furnished, as appropriate, to the Veterans Administration for use in determinations concerning entitlement to veterans and survivor benefits: to Serviceman's Group Life Insurance administrators for determined= concerning payment of life insurance proceeds; to the U.S, General Accounting Office for purposes of determinations concerning relief of accountable personnel from liability for losses of public funis and related fiscal matters; and to the Department of Justice for use in litigation involving the Government. Additionally, such investigations are sometimes furnished to agencies of the Department of Justice and to state or local law enforcement and court authorities for use in connection with civilian criminal and civil court proceedings. The records of investigations are provided to agents and authorized representatives of persons involved in the incident, for use in legal or administrative matters. The records are provided to contractors for use in connection with settlement, adjudication, of defense of claims for or against this Government, and for the use in design and evaluation of products, services and systems. The records are also furnished to agencies of the Federal, state, or local law enforcement authorities, court authorities, administrative authorities, and regulatory authorities. For use in connecting with civilian and military, criminal, civil, administrative, and regulatory, and regulatory proceedings and actions.
• d- thaciAggEgl Disclosure is voluotorit4 and if you do not provide therequested information, any detenninadons made as a result this investigation will be made on the basis of the evidence that is contained in the investigative record.
2. Having been advised of the genend nature of this investigation mid of the possible effect of an adverse determination, and fully understanding my rights enumerated above, I desire to make the statement:
(b)(7)(C)
Witnessed By:
Fina. eP
1326
Interview er 1111=1111111.111111111M 0212
Interview of 02 currentl
k • Force 2/2 as
1111111111110ate• s outside the tent door to the left with a
,
that was yelling out names and information to him.
( 1)47 stet e of any incident involving electrocution
C 1.
nee and tha • iblf /)iC) said nothing to him of any such incident.
stated that they were processing a number of detainees for
()) -7)((i
MN SV on o the Detention Facility or for release.
This date, / 7,i, 1 berth acknowledge that the following advice has been who has been assigned by the
given to me by ( L.:, ; ; 71 ( C ;
Commanding tr -, .....-o . : rvn on, A i - 211 Marine Division, FMF, to gather
information on the matter under investigation:
1. PRIVACY ACT STATEMENT
a. AUTHORITY 44 USC 3101; 5 USC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES: The information which will be solicited is intended principally for the following purposes.
(1)
Determination of the status of personnel regarding entitlements to pay during disability benefits, severance pay, retirement pay increase of pay for longevity survivor's benefits, involuntary extensions of enlistment, dates of expiration of active obligated service, an accrual of annual leave
(2)
Adjudication, pursuit, of defense of claims for or against the Government of among private parties.
(3)
Other determinations, as required in the course of Naval administration.
c.
ROUTINE USES. In addition to being used within the Department of Navy and Defense for the purposes indicated above, records of investigations are routinely furnished, as appropriate, to the Veterans Administration for use in determinations concerning entitlement to veterans and survivor benefits: to Serviceman's Group Life Insurance administrators for determinations concerning payment of life insurance proceeds; to the U.S, General Accounting Office for purposes of determinations concerning relief of accountable personnel from liability for losses of public funds and related fiscal matters; and to the Department of Justice for use in litigation involving the Government. Additionally, such investigations are sometimes furnished to agencies of the Department of Justice and to state or local law enforcement and court authorities for use in connection with civilian criminal and civil court proceedings. The records of investigations are provided to agents and authorized representatives of persons involved in the incident, for use in legal or administrative matters. The records are provided to contractors for use in connection with settiement, adjudication, of defense of claims for or against this Government, and for the use in design and evaluation of products, services and systems. The records are also furnished to agencies of the Federal, state, or local law enforcement authorities, court authorities, administrative authorities, and regulatory authorities. For use in connecting with civilian and military, criminal, civil, administrative, and regulatory, and regulatory proceedingsand actions.
INa lit
d.
DISCLOSURE: Disclosure is voluntarily, and if you do not provide the requested information, any determinations made as a result this investigation will be made on the basis of the evidence that is contained in the investigative record.
2. Having been advised of the general nature of this investigation and of the possible effect of an adverse determination, and fully understanding my rights enumerated above, I desire to make the statement
(b)(7)(C)
Alec. PC:)
Interview of (17" )(C)
40311
Interview of
is currently asaigned as
. The Marines assigned to
stated that he was not aware of any incident where his guard force
oc e a detainee. He further stated that he was not present during the
alleged incident.
EIMItated that a white transformer, which he identified from the
enclosed photographs, was on the table on the right side of the Detention
Facility tent. He said the transformer was there because they were using it
to drill holes in the roofs of the outside ca es in order to wire the wooden
roofs to the cages to prevent removal. stated that he recalls the
transformer being used for drilling on e mor ng of 13 April 2004, the day
in question.
(b)(7)(C) tated that sometime pri ncident in question, he recalls 0;;., ) ( elling him that him that orked for his stepfather who ed electrician. (()), 7 )(C ores that he entered the Marine Corps for a change.
/HC) stated that and1111111111111briefed the guard force that abuse of detainees would not be tolerated and that it was a courtmartial offense.
b stated that ))7);C) required the guard force Marines to read the SOP for the Detainee Fac y n entirety.
(b)( TqC, ) stated that d),, 71(C1 posted on the bulkhead of the Detention Fac /sty the rules regarding requirements of treatment of the detainees and that abuses are not tolerated.
4t i. fr.'
N RANK
UNIT 7E1 .2/2-
This date, ilk-given to me by. (1 )( C acknowledge that the following advice has been who has been assigned by the
Commanding Officer of 2d Battalion, 2 Marines, 2d Marine Division, FMF, to gather information on the matter under investigation:
1. PRIVACY
a. AUTHORITY 44 USC 3101; 5 USC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES; The information which will be solicited is intended principally for the following purposes.
(1)
Determination of the status of personnel regarding entitlements to pay during disability benefits, severance pay, retirement pay increase of Pay for longevity survivor's benefits, involuntary extensions of enlistment, dates of expiration of active obligated service, an accrual of annual leave.
(2)
Adjudication, pursuit, of defense of for or against the Government of among private parties.
(3)
Other determinations, as required in the course of Naval administration.
c.
ROUTINE USES. In addition to being used within the Department of Navy and Defense for the purposes indicated above, records of investigations are routinely furnished, as appropriate, to the Veterans Administration for use in determinations concerning entitlement to veterans and survivor benefits: to Serviceman's Group Life Insurance administrators for determinations concerning payment of life insurance proceeds; to the U.S, General Accounting Office for purposes of determinations concerning relief of accountable personnel from liability for losses of public funds and related fiscal matters; and to the Department of Justice for use in litigation involving the Government Additionally, such investigations are sometimes furnished to agencies of the Department of Justice and to state or local law enforcement and court authorities for use in connection with civilian criminal and civil court proceedings. The records of investigations are provided to agents and authorized representatives of persons involved in the incident, for use in legal or administrative matters. The records are provided to contractors for use in connection with senlement, adjudication, of defense of claims for or against this Government, and for the use in design and evaluation of products, services and systems. The records are also furnished to agencies of the Federal, state, or local law enforcement authorities, court authorities, achninistrative authorities, and regulatory authorities. For use in connecting with civilian and military, criminal, civil, administrative, and regulatory, and regulatory proceedings
and actions.
eAgr.. in )
d. DISCLOSURE; Disclosure is voluntarily, and if you do not provide the requested information, any determinations made as a result this investigation will be made on the basis of the evidence that is contained in the investigative record.
2. Having been advised of the general Daunt of this investigation and of the
possible effect of an adverse determination, and fully understanding my rights
enumerated above, I desire to make the statement
Witnessed By:
(b)(7)(C)
Date: 7e, y dep.wk
tritsx.mow 3537
Interview of - SSNJ 3537. C S. assigned to Task Force 2/2 He is currently assigned as
1111.111111stated that he was not aware of the incident where members of his
guard force shocked a detainee. He further stated that he was not present at
the time of the alleged incident.
He stated that he conducted detailed training with all members of the guard
force regarding the Detention Facility SOP. In particular, he was very
specific on the handling and interaction with the detainees, emphasizing the
requirements of human, legal treatment. Further, he emphasized the
ramifications of improper treatment to include legal action and the negative
impact on the SASO mission of the Battalion mission. He specifically told
them that abuse is not allowed and that be would not tolerate any abuse of
any kind.
n)(7)(C, ) said that he has repeatedly counseled the Marines on the
requirements in order to ensure their full and continued understanding.
Eaa. (bt)
NAME
uNrrE
This date, knowledge that the following advice has been
given to me , .1-c'
who has been assigned by the
Commanding Officer of 2d Battalion, 24 Marines, 2d Marine Division, FMF, to gather
information on the matter under investigation:
1. PRIVACY ACT ST6TEMENT
a. AUTHORITY 44 USC 3101; 5 IJSC 301; 38 USC 105; 42 USC 2651
b. PRINCIPLE PURPOSES: The information which will be solicited is intended principally for the following purposes.
(1)
Determination of the status of personnel regarding
entitlements to pay during disability benefits, severance pay, retirement pay increase of
pay for longevity survivor's benefits, involuntary extensions of enlistment, dates of
expiration of active obligated service, an accrual of annual leave.
(2)
Adjudication, pursuit, of defense of claims for or against the Government of among private parties.
(3)
Other determinations, as required in the course of Naval administration.
c.
ROUTINE USES. In addition to being used within the Department of Navy and Defense for the purposes indicated above, records of investigations are routinely furnished, as appropriate, to the Veterans Administration for use in determinations concerning entitlement to veterans and survivor benefits: to Serviceman's Group Life Insurance administrators for determinations concerning payment oflife insurance proceeds; to the U.S, General Accounting Office for purposes of determinations concerning relief of accountable personnel from liability for losses of public funds and related fiscal matters; and to the Department of Justice for use in litigation involving the Government Additionally, such investigations are sometimes fiffnished to agencies of the Department of Justice and to state or local law enforcement and court authorities for use in connection with civilian criminal and civil court proceedings. The records of investigations are proVided to agents and authorized representatives of persons involved in the incident, for use in legal or admin. istmtive matters. The records are provided to contractors for use in connection with settlement, adjudication, of defense of claims for or against this Government, and for the use in design and evaluation of products, services and systems. The records are also furnished to agencies of the Federal, state, or local law enforcement authorities, court authorities, administrative authorities, and regulator)? authorities. For use in connecting with civilian and military, crirnittal, civil, administrative, and regulatory, and regulatory proceedingsand actions.
Ewa ()Z)
d. DISCLOSURE: Disclosure is voluntarily, and if you do not provide the requested information, any determinations made ass result this investigation will be made on the basis of the evidence that is contained in the investigative record.
2. Having been advised of the general nature of this investigation and of the possible effect of an adverse determination, and fully understanding my rights enumerated above, I desire to make the statement
(b)(7)(C)
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Detention Facility Schedule
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Team 3 0030-0630
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Team 4 0630-1230
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