Taguba Report Annex 6: Report of AR 15-6 Investigation Findings into the Escape and Shooting of Detainees at Camp Cropper, Iraq (Death Certificate Included)

REPORT OF PROCEEDINGS BY INVESTIGATING OFFICER/BOARD OF OFFICERS
For use of this tom, see AR 15-6: the proponent agency Is OTJAG.
IF MORE SPACE LS REQUIRED IN FILLING OUT ANY PORTION OF 77ES FORM, ATTACH ADDITIONAL SHEETS
SECTION I - APPOINTMENT
COL5CDR 18th Military Police Brigade, Baghdad, Iraq APO AE 09302
Appointed by
(Appointing authority)
on 200306125(Attach enclosure 1: Letter of appointment or summary of oral appointment data.) (See pare 3-IS, AR 15-6.) (Date)
SECTION Il - SESSIONS
Camp Cropper, Baghdad, Iraq 0930
The (investigation) (board) commenced at at
(Place) (lime)
,,n 20030612 (If a formal board net for more than one session, check he D. Indicate in an enclosure the tense each session began and
mew ended, the place, persons present and absent, and explanation of absences, if any.) The following persons (numbers, respondents, counsel) were present: (After each name, indicate capacity, e.g., President. Recorder, Member, Legal Advisor.)
The following persons (members, respondents, counsel) were absent: (Include brief explanation of each absence.) (See paras 5-2 and 5-8a, AR 15-6.)
The (Investigating officer) (board) finished gathering/hearing evidence at 20055 on 20030621
(Time) (Date)

and completed findings and recommendations at 1000 onn 20030622
(Tune) (Date)
SECTION III - CHECKLIST FOR PROCEEDINGS
A. COMPLETE IN ALL CASES
YES NOL NA' 1 Inclosures (pare 3-/5, AR 15-6) , Are the following inclosed and numbered consecutively with Roman numerals: (Attached in order listed)
a.
The letter of appointment or a summary of oral appointment data?

b.
Copy of notice to respondent. if any? (See hem 9, below)

c.
Other correspondence with respondent or counsel, if any?

X
d. All other written communications to or from the appointing authority?
e. Privacy Act Statements (Certificate, if statement provided orally)?
f Explanation by the investigating officer or board of any unusual delays, difficulties, irregularities, or other problems
encountered (e.g., absence of material wirnesser)?

g. Information as to sessions of a formal board not included on page 1 of this report?
X
h Any other significant papers (other than evidence) relating to administrative aspects of the investigation or board? FOOTNOTES: Li #.440m all miaow answers on an mooched sheer 21 Use of the N/A column constitutes a positive representation that the circa seances described In the speestion did nor cram in this bovessigabon
or board

EDMON OF NOV 77 IS OBSOLETE. ealf. of 4 pm USAPA V1.20
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1
2 Exhibits (pain 3-16, AR 15-6) YES NOi/ NAP Are all items offered (whether or not received) or considered u evidence individually numbered or lettered as
a.
exhibits and attached to this report? X
b.
Ls an index of all exhibits offered to or considered by investigating officer or board attached before the first exhibit?

c.
Has the testimony/statement of each witness been recorded verbatim or been reduced to written form and attached as I an exhibit?

X
d. Are copies, descnptions, or depictions (if subs:timed for real or docionassary evidence) properly authenticated and is
X
the location of the original evidence indicated?
e. Are descriptions or diagrams included of locations visited by the investigating officer or board (pare 3-6b, AR 15-6)? I X
I Is each written stipulation attached as an exhibit and is each oral stipulation either reduced to writing and made an
exhibit or recorded in a verbatim record?

g. If official notice of any matter was taken over the objection of a respondent or counsel, is a statement of the matter
of which official notice was taken attached as an exhibit (pare 3-16d, AR 15-8)?

3 Was a quorum present when the board voted on findings and recommendations (panes 4-1 and 5-2b, AR 15-6)? I X
B. COMPLETE ONLY FOR FORMAL BOARD PROCEEDINGS (Chapter 5, AR 15 -6)
4 Al the initial session. did the recorder read, or determine that all participants had read , the letter of appointment (pare "a, AR 2566) ?
5 Was a quorum present at every session of the board (pare 5-26, AR 154)7

I
6 Was each absence of any member 'innerly excused (pare 5-2a, AR 15-6)7
7 Were members, witnesses, repents, and interpreter MOM, if required (pare 3-1, AR 15-6)?

8 . If any members who voted on findings or recommendations were not present when the board received some evidence,
does the inclosuredescribe how they familiarized themselves with that evidence (pare 5-2d, AR 15-45)?

C.
COMPLETE ONLY IF RESPONDENT WAS DESIGNATED (Section II, Chapter 5, AR 15 -6)
9 Notice to respondents (pare 5-5, AR 15-6):

a.
Is the method and date of delivery to the respondent indicated on each letter of notification?

b.
Was the date of delivery at least five working days prior to the first session of the board?

c.
Does each letter of notification indicate—

(1)
the date, hour, and place of the first session of the board concerning that respondent?

(2)
the matter to be investigated, including specific allegations against the respondent, if any?

(3)
the respondent's rights with regard to counsel?

(4) the name and address of each witness expected to be called by the recorder?
(5)
the respondent's rights to be present. present evidence, and all witnesses?

d.
Was the respondent provided a copy of all unclassified documents in the case file?

e.
If there were relevant classified materials, were the respondent and his counsel given access and an opportunity to examine them?
10 if any respondent was designated after the proceedings began (or otherwise cans absent during part of the proceedings):

a. Was he properly notified (pare 5-5, AR 15-6)?

b.
Was record of proceedings and evidence received in his absence trade available for examination by him and his counsel (parts 5-4r. AR 15.6)?
11 Counsel (para 5-6, AR 15.6):

a. Was each respondent represented by counsel?
Name and business address of counsel:

(If counsel is a lawyer. check here . )
b.
Was respondent's counsel present at all open sessions of the board relating to that respondent?

c.
If military counsel was requested but not made available, is a copy (or, if oral, a statutory) of the request and the
action taken on it included in the report (pare 5-6b, AR 15-6)?

12 If the respondent challenged the legal advisor or any voting member for lack of impartiality (pare 5-7, AR 15-6):
a. Was the challenge properly denied and by the appropriate officer?
b. Did each member successfully challenged cease to participate in the proceedings?
13 Was the respondent given an opportunity to (pare 5-8a, AR 15-6):

a.
Be present with his counsel at all open sessions of the board which deal with any matter which concerns that respondent?
b Examine and object to the introduction of real and documentary evidence, including written statements?

c.
Object to the testimony of witnesses and cross-examine witnesses other than his own?

d.
Call witnesses and otherwise introduce evidence?

e.
Testify as a witness?
f Make or have his counsel make a final statement or argument (para 5-9. AR 15-6)?

14 If requested, did the recorder assist the respondent in obtaining evidence in pnss ,ssion of the Government and in
arranging for the presence of witnesses (para 5-8b, AR 15-45)?

15 Are all of the respondent's requests and objections which were denied indicated in the report of proceedings or in an inclosure or exhibit to it (pare 5-11, AR 15-6)7 . -----.. 1 _ to all fICitgliVe aanverz on an couched sheet 21 Use of the NIA column eon:owes a positive represelubrion that the eircwartances described in the question did not °cab Is this investigationor board
Page 2 of 4 pages. DA Form 1574, Mar 83
USAPA V1.20
DODDOA-000362

SECTION IV - FINDINGS (pars 3-10, AR 13-6)
The (investigating officer) (board), having carefully considered the evidence, finds: re attached Memorandum. -- Nothing else follows
SECTION V -RECCMMENDATIONS ra 3-11, AR 13-6) In view of the above findings, the (investigating officer) (board) recommends: See attached memorandum. Nothing else follows
Page 3 of 4 pages. 124 Form 1574, Mar 83
SECTION VI - AUTHENTICATION • • a 3-17, AR 154)

THIS REPORT OF PROCEEDINGS IS COMPLETE AND ACCURATE. (If any voting member or the recorder fails to sign here or in -Section VII 'low, indicate the reason in the space where his signature should appear.)
(Investtga in.

—11111111
(Recorder) . 1111.11es1011L—
(Member) (Member)
(Member) (Member)
SECTION VII - MINORITY REPORT (pane 3-13, AR 15-6) To the extent indicated in Inclosure , the undersigned do(es) not concur in the findings and recommendations of the board.
(In the enclosure. identify by number each finding and/or recommendation in which the dissenting manber(s) do(es) not conair. State the
reasons for disagreement. Additional/substitute findings and/or recommendations may be included in the inclosure.)

(Member) (Member)
SECTION VIII - ACTION BY APPOINTING AUTHORITY (pare 2.3, AR 15-6)
i
('he findings and recommendations of the (investigating officer)(1sourd) are (approved) (dicappwedHapprewed-widrfoNowing-eureeprion.s/

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Page 4 oft pages. DA Form 1574. Mar 83 USAPA V1.20

DEPARTMENT OF THE ARMY
115th MILITARY POLICE BATTALION BAGHDAD INTERNATIONAL AIRPORT BAGHDAD, MAO
IWMI' 10
AT1110110010,

23 June 2003
MEMORANDUM FOR: COMMANDER, 18TH MILITARY POLICE BRIGADE
SUBJECT: Army Regulation 15-6 Investigation
1. The undersigned was appointed as an AR 15-6 Investigating Officer by you on 12 June 2003 to look in to the circumstances involving the escape of two Civilian Internees (CI) from the Camp Cropper Corps Holding Area (CHA) and subsequent shooting and death of one of those CI on 12 June 2003 at approximately 0300. hours.
2. • CI's successfully exited the CHA and made it outside the berm. SPC 186th Military Police Company, who was on exterior guard duty, observed the escape and fired his weapon at the two CI's, strikin one, who died short) thereafter of his wounds. This detainee, registered under the name , Sequence #7166, was transported to the 581 5' ASMC for uutial treatment. as then air medev c d to the 28th CSH, were he was pronounced dead on arrival. The other detainee,
Sequence #8399, was recaptured within several hours and was
returned to the CHA.

3.
Scope: The scope of this investigation was twofold. First, to investigate the circumstances surrounding the escape and second, to investigate the circumstances surrounding the shooting and subsequent death of the Cl.

4.
Conduct of the Investigation: The undersigned spoke with medical personnel involved in treating the deceased CI first; to ensure any perishable physical evidence was collected. The undersigned then spoke to security personnel and other witnesses and obtained statements (most of which had already been taken in the form of sworn statements by 186 th MP CO staff prior to my assignment as a AR 15-6 Investigating Officer).

5.
Summary of Interviews:

a) CP1111111111.111 (MD), 581' Area Medical Support Company, BIAP, Ba dad, Iraq. On 12 Jun 0 at approximate) 1149 hours, the undersigned spoke to who doctor who on 12 June 03 at approximately 03 ours.
stated that profusely from wounds in his chest, back and both legs when he arrived. stated that the wound in the back was consistent with an entrance wound from a 5.56 mm projectile, the wound in the chest was consistent with a exit wound from the same type of projectile, and the leg wounds were consistent with one 5.56 mm projectile assing completely thru one leg and entering the ' other leg. opined that had lost at least one half of his vital fluids by the time saw him. tatedgillwas given two liters of saline
DODIDOA-000365

and one liter of hes volume ex ander.affialPalso stated that he noticed that while giving an IV, blood was extremely watery, indicating that very little blood was resent, relative to the amount of intravenous fluids. 11111111111 felt, however, that was stable when as placed on the helicopter for transport to the 28th Combat Support Hospital ( . Based on his observation felt that the cause of death was hypovolemic shock, or bleeding out. also felt that everything medically possible was done in an attempt to save
b) MAJ B. (MD) 28th CSH, LSA Dogwood . On 12 Jun 03 at approxima ours, the undersigned spoke with a doctor with the 28th CSH. as not the doct unce eaditi
resent when another doctor, MAJ pronounced dead.
), pronound stated that he was very confident in determinin cau to be h vo emic shock from one or both of the gunshot wounds. tated
had an entrance wound in the back consistent with a 556 mm projectile, an exit wound in the chest, consistent with that s • e and wounds in both legs consistent with a 5.56 mm projectile. mpleted a DA Form 2669-R (Certificate of Death) and made sur e undersigned received a copy of the Hospital Report of Death signed by
c) SFC 186th Military Police Company, BIAP, Ba dad, Iraq. On 12 Jun 03 at a roximately 2000 hours, the ndersigned spoke to , who is
Platoon Ser eant. tad no direct knowledge of the incident but had spoken to and other soldiers with direct knowledge. did provide the undersigned wi an overview of what occurred.111111Mdvised the undersigned that he personally briefed and the rest of his platoon on the Rules Engagement at least twice since assignment to Cam Cro IAF'.
Necked ma azine and discovered had 24 of issued roup the magazine. so had the remainder of his issued basic load. so provided the undersigned with four M16A2 shell casings on 14
-
Jun 2003 atapproximately 1710 hours. stated that he obtained the casings from SSG 186th Military Police Company, on 12 Jun 03 in the afternoon. at the casings were recovered from the berm, near where
was standing when he fired.111111Palso showed the undersigned where an additional point and light set had been added to eliminate the shadow behind the latrines.
d)SPC111111111111111111 186th Military Police Company, BIAP, Baghdad, Iraq.
(1) On 14 Jun 03 at approximately 1629 hours, the undersigned spoke to who has been assigned as a Military Police soldier since October 2000. n 2 Jun a approximately 0259 hours (just prior to the 0300 hour radio check), was manning guard point #4 at the CHA. Guard point #4 is located at
e No east corner of the CHA. oticed movement out of the corner of his eye. looked towar s the atrine area, which is located near the center of the east si e o e CHA, and noticed a detainee manipulating the wire on the outer perimeter of the camp. 11111111111111111stated that the portabchemical style
2
latrines created two large shadows across the east wire and onto the berm and this is where the detainees were manipulating the wire.
called for a spotlight to illuminate the latrine area.
en attempted to send a radio message stating there was an escape in progress. IN/M11111/palso stated he yelled that there was an escape in progress and yelled for the detainee to stop. MIONIMMalso noticed that a second detainee had exited the outer wire perimeter and was also runnin up the berm and a third detainee was at the wire. The third detainee saw ump down from his static HMWWV guard point, and turned around and went back into the main compound.
(3)11111.111111bran towards the latrine point and ran up the berm, following in the same basic track as the two detainees who had escaped. When reached Lie top of the berm, he stated he yelled "stop" again. 1111111.1.MIP saw the detainee who was the first one out of the wire from the top of the berm.
fired one shot from his assigned weapon (M16A2) and noticed that the etainee was still running. IMIIIIIIIIDfired a second round and saw the detainee dro . The detainee was approximately 150' to 200' from the berm when
red at him. 11111111111111111.then saw the second detainee running in
the same general area as the first detainee, which was east of the camp, towards the main
road.
was still running when fired two rounds at the second dei • e but stated the detainee ight of him. lieved he
had fired four rounds total. denied hearing anyone else fire any rounds.
(4) After firing at the second detaineelMilligvent back to the bottom of the berm, made contact with another guard to get a flashlight. then roceeded to th *njured detainee, who was laying in the roadway, an or a medic. tated that medics from Task Force 20 arrived before CHA medics. The etaine treated by medics then transferred to the 581' ASMC.
tt o locate the other detainee and told other soldiers what had transpired. was told by a supervisor to return to his post.
(5)1111111111111stated that he knew the ROE ithin the ROE and accomplished his mission of preventing escape. eviewed the written sworn statement he had completed on 12 Jun 03 for 186th Military Police Company, and stated the sworn stat ent was accurate with no additions, deletions or corrections needed. drew a map for the undersigned, showing pertinent information relative To the incident.
6. Additional Interviews: The undersigned spoke with the following individuals and had them review their sworn statements that they prepared on 12 June 2003 for the 186 th Military Police Company. A summary of the pertinent parts of the sworn statement and subsequent statement to the undersigned is included.
a) 186th Military Police Com an . On 21 Jun 03 at
approximate y 1900 hours, the undersigned spoke to who was on and point
#6 (South side of CHA, behind warehouse) during the e in question. tated
3
that on 12 Jun 03 at approximately 0300 hours, she notice cal' th berm, near the middle of the east side of the CHA. stop at the top of the berm and fire at least 5 shots from his rifle. en heard someone ell for a medic. was unsure as to whether she would have heard
ell "halt or anything similar, sighting distance as a factor preventing
er om hearing. 11111i stated that the nick Reaction Force (QRF) went inside the camp to assist with the headcount. read and confirmed that her sworn statement dated 12 June 2003 was accurate with no additions, deletions or corrections needed.
b) SGT.. 186th Military Police Com an . On 21 Jun 03 at approximate y 1905 hours, the undersigned spoke to who was on guard point #5 (Sou corner of CNA) at the time of the incident. stated that he heard ell that there was a detainee outside the wire.
read and co rmed that his sworn statement dated 12 June 2003 was accurate with no additions, deletions or corrections needed.
c) 511111111111111111186 th Military Police Com 21 Jun 03 at approximately 1910 hours, the undersigned spoke to was on guard point #2 (Northwest corner of CHA) at the time of the incident. tated that he heard
say over the radio that "They're going over the berm." 1111111111ead and confirmed that his sworn statement dated 12 June 2003 was accurate with no additions, deletions or corrections needed.
d)SGT 186th Military Police Com • an On 21 Jun 03 at approximately 1920 hours, the undersigned spoke to o was on guard point #3 middle of North side of CHA) at the time of the inci • ent. tated that he heard y over the radio that he needed a spotlit t to shine on the wire
etween ints #4 and #5. then reported a prisoner going over the berm. bserved going up the berm, heard yell from e top of the berm towards the other side, then hear ire twice, pause and fire twice again. tated that he could not hear specifically what
ed from the berm because of distance and ambient noise from the generators. also stated he briefed the SRT/QRF on the events that transpired and the direction of travel. ead and confirmed that his sworn statement dated 12 June 2003 was accurate wit no additions, deletions or corrections needed.
e) 186th Military Police Com • an . On 21 Jun 03 at approximately 2005 hours, the undersigned spoke to who was theguard shift NCOIC/Rover at the time of the incident. He was co-located with at
guard point #6. stated that o message that he co t make but i ediately ass reporting a priso
observed ar yell "Halt" numerous times. ire two to three rounds, pause and fire two or three more rounds. account of after the shots being fired is consistent with account. tated that responding soldiers were directed to egin an organized search. so said
4
that a piece of cloth had used to tie the wire apart to permit a person to squeeze through the wire. ead and confirmed that his sworn statement dated 12 June 2003 was accurate with no additions or deletions needed. did state that near the end of his sworn statement, he referred to a subject as
is not sure now whether the individual was in fact
This change would not materially affect the statement.
adequate lighting contributed to the escape.
other factors contributed to the escape.

7.
Camp Rule Considerations: 13th PSYOPS Detachment has been playing camp rules in Arabic several times a day since early May 2003. Included in the camp rules is the statement that "If you climb over the barbwire, and attempt to escape, you will be shot." Also played is an announcement that states "Any attempt to escape or uprising will result in the use of deadly force by the coalition soldiers." PSYOPS also plays a message that states that detainees must stay one meter from the fence line and not to touch or place any objects on the barbwire fence. One last message of significance states that "The English words 'Stop' and `Halt' mean 'Mil' in Arabic. You must immediately halt when a coalition soldier uses the English or Arabic command. Failure to do so may result in disciplinary action up to and including the use of force. 'Stop' and`Halt' can `Kill". These messages are also played for new detainees u in processing. ad been in the CHA since on or about 14 May 2003. 'ad been in the CHA since 28 May 2003. Both detainees had ample opportunity to hear the PSYOPS messages.

8.
Rules of Engagement: legal advisor to Camp Cropper, provided the undersigned with written and verbal guidance from Annex D, 115th Military Police Battalion Tactical Standard Operating Procedure (TACSOP) concerning ROE that has been given to soldiers. Included in this guidance is rule #1 — "Necessary Force, including deadly force, is authorized to prevent escapes." Sub-paragraph (a) states "If a detainee attempts to escape, guards must use graduated force, first, if possible. (b) Guards should shout 'halt' in Arabic three times (`kiff, pronounce 'cough') before using deadly force. (c) Deadly force is authorized to prevent escape only where the detainee is crossing the last wire and there is no other lesser means to prevent escape. (e) Do not continue firing, once the subject has stopped. The purpose of shooting a detainee is to stop him or her from escaping." Also pertinent to this investigation is rule #5 — "Prevent all escapes by all detainees, by order of the Brigade Commander."

9.
Discussion:

a) The purpose of this investigation is to answer two main questions, how did the escapes occur and did the Military Police respond appropriately. These two questions are closely intertwined because .the personnel with the most knowledge on how these escapes occurred are also the same personnel who had to make the decision on how to respond. Additionally, several specific questions were addressed to the undersigned. These are answered in the narrative.
b) The lack of adequate lighting at the CHA was a major factor that permitted the escapes. In any detention facility, perimeter lighting must be designed to reduce shadows as 5
much as possible. The worst-case scenario is what occurred at CHA Cropper, which is that a shadow went from inside the wire, across the wire and onto the ground outside the wire. This made it relatively easy for detainees to begin escape operations from inside the compound and operate relatively concealed until they were outside the wire.
c) The undersigned, as the battalion S2, received indications from inside the wire in the days leading up to 12 Jun 03 that due to the presence of hardened criminals, relative overcrowding in the facility, frustration over lack of resolution of the detainees cases and primitive conditions inside the camp, some detainees were planning to escape, no matter what the consequences were. These indications were passed to appropriate staff sections, commanders and guard force personnel. Additionally, some detainees, despite our PSYOPS messages and the shootings that occurred on 9 Jun 03, believed that the Coalition Forces would not use deadly force to prevent escapes. Some of these detainees actively tried to convince other detainees of this.
d) These factors contributed to three detainees attempting escape by proceeding to the latrine area, stripping off their shirts to prevent snagging on concertina wire, tying cloth to the wire to give additional room and crawling under and through the wire.
e) The undersigned also learned that the second detainee, Sequence #8399, was recaptured at approximately 0545 hours, near were had last seen him running by an Military Police search team.
f) The second question is, "Did the MilitaryPolice act appropriately, once the detainees were outside the wire?" They did. lfilled, almost to the letter, the requirements to use deadly force according to the ROE spelled out in the 115th Military Police Battalion TACSOP. The only possible tec xception is ell "halt" or "stop" in English, not Arabic, at least twice. ted elled "halt" "numerous times." PSYOPS messages make it clear to the etainees that they must know what the English words "halt" or "stop" mean. In the heat of the moment, KLOSTERIviAN fulfilled the spirit of the ROE. The detainees knew what they were doing when they went to the latrine area, stripped off their shirts, tied the wire apart, crawled under the wire and ran up the berm. They were committed to escaping and were not going to stop unless they were physically stopped.
f)5 observation and quick reaction prevented one detainee from even getting t roug the wire, stopped another one usin a opriate deadly force and probably assisted in the reca ture of the • e nee who was so scared he hid and passed out near where had last seen rather then continue to run away. The actions of the o er soldiers of the 115th Military Police Battalion were also appropriate. They ensured medical aid was rendered, searched for and found the second detainee, completed a headcount and took corrective action.
6. Recommendations: No disciplinary action should be taken against any soldiers of thel 15th
Military Police Bat • is no evidence that they acted inappropriately. To the
contrary, SP hould be commended for taking appropriate action during
6

difficult circumstances. Additionally, the other soldiers present also took appropriate actions, given the circumstances. Areas that should be addressed, however, include:
The 115th Military Police Battalion, except for providing handheld spotlights and posting a hard copy of the camp rules in Arabic, has addressed these areas satisfactorily. Additionally, a guard post has been added directly behind the latrines, giving security and visibility to this vulnerable area.
S2
7
Timeline for AR 15-6 Investigation, dated 12 June 2003Appointing Officer:0C041111116 Investigating Officer:
Approx DTG Who 120930JUNO3 LTC 120935JUNO3 CPT 120945JUNO3 CPT 121000JUNO3 MAJ 121015JUNO3 1LT 121030JUNO3 581 s ASMC 121050JUNO3 121100JUNO3 121149JUNO3 121606JUNO3 MAJ 122000JUNO3 SFC 141629JUNO3 SPC 211900JUNO3 SGT 211905JUNO3 SGT 211910JUNO3 SPC 211920JUNO3 SG 212005JUNO3 SS 221645JUNO3 CPT 231230JUNO3 CPT
What Informally assigned Cmdr's Inquiry Informal interview on medical circumstances Discussed Scope Discussed Time Frame Arranged to interview witnesses Attempted Contact with CPT (DR)M.. Was informed that it was a AR 15-6 Learned of two sworn statements Discussed medical treatment Discussed medical treatment Background information Witness Statement Witness Statement Witness Statement Witness Statement Witness Statement Witness Statement Draft review Final Submission
DODD0A-000372

Index of Exhibits for AR 15-6 Investigation, dated 12 June 2003 Appointing Officer: COL Investigating Officer: CPT
1.
Original appointment memorandum signed by COlall dated 12 June 03.

2.
Copy of DA Form 2669-R (Certificate of Death) for Detainee #7166, Akel Abebal Hussein Jabar, dated 12 Jun 03.

3.
Copy of Hospital Report of Death for Jabar, dated 12 Jun 03.

4.
Copy of Standard Form 600 (Chronological Record of Medical Care) for Jabar, signed by CPT (DR) Leifeste, dated 12 Jun 03.

5.
Original DA Form 2823 (Sworn State ent of SPC II= dated 12 Jun 03.

6.
Hand drawn map of CHA by SPC

7.
Original DA Form 2823 (Sworn S'atement) of SGT dated 12 Jun 03.

8.
Original DA Form 2823 (Sworn Statement) of SPC ated 12 Jun 03.

9.
Original DA Form 2823 (Sworn Statement) of SPC ated 12 Jun 03.

10.
Original DA Form 2823 (Sworn Statement) of SG dated 12 Jun 03.

11.
Original DA Form 2823 (Sworn Statement) of SSG.dated 12 Jun 03. 12.Copy of PSYOPS message scripts.

DEPARTMENT OF THE ARMY
18TH MILITARY POLICE BRIGADE Baghdad. Iraq APO AE 09302
REPLY TO ATTENTION OF
5
AETV-MP-JA 12 June 2003
MEMORANDUM FOR5 S-2, 115th MP BN. SUBJECT: Appointment as an AR 15-6 Investigating Officer
1.
Reference: AR 15-6, Procedure for Investigating Officers and Boards of Officers, 11 May 88, with Change 1, 30 Oct 96.

2.
You are hereby appointed to conduct an investigation concerning the escapes and shootings at Camp Cropper on 12 Jun 03. You may incorporate the results of any Commanders Inquiry that has been begun on these escapes.

3.
You are to investigate all details concerning these escapes, attempted escapes, and the responses by the Military Police that were on duty at those times. You are directed to specifically address the following questions:

a.
How did the prisoners escape?

b.
What steps could have been taken to prevent these escapes?

c.
What was the response of the Military Police on duty?

d.
Was the response of the Military Police on duty reasonable, or was excessive force used?

e.
Is there an SOP in place to deal with this situation, and if so, was it followed?

f.
Is there additional training that needs to be implemented to cover these situations?

g.
What actions, if any, were taken by the QRF?

4. During the course of your investigation, you will record all interviews on DA Form 2823 (Sworn Statement). If, during any interview, you suspect a violation of the UCMJ by the person you are interviewing, you are required to stop the interview, and advise the interviewee of their Article 31(b) rights, using a DA Form 3881 (Right Warning Waiver Certificate). You may continue to interview that person if they agree to make further statements. If they do not, terminate the interview and contact your legal advisor. If you have any questions about whether or not the person made a knowing and valid waiver, terminate the interview and contact your legal advisor. You will advise all persons being interviewed that their statements can be discovered
AETV-MP-JA SUBJECT: Appointment as an AR 15-6 Investigating Officer
under the Freedom of Information Act, and you will further advise them that any actions taken in reprisal against them for making a statement should be reported immediately to their Commander, the Office of the Inspector General, or to the Office of the Staff Judge Advocate. Per Article
136.b.(4) and 136.b.(6) of the UCMJ, you are authorized, as an Investigating Officer, to swear people in.
5.
You are authorized to investigate any issue(s) that arise durin your investigation that are related to the primary purpose of your investigation. CPT HVD/CHA Judge Advocate, will serve as your le al advisor for this investigation. e completed investigation will be turned in to CP or legal review.

6.
This is your primary duty until you complete it, and you will submit a chronology of your actions along with your completed report. The report of investigation will be submitted to the appointing authority NLT 23 Jun 03. Requests for extension must be made in writing to the undersigned.

7.
The POC for this memorandum is P 18th MP BDE Judge Advocate, DNVT 559-5110, SIPR R:

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CHRONOLOGICAL. RECORD OP MEDICAL CARE STANDARD FORM 600 (REV. 5•4 4 4 Piasenbed by GSA and ICMF FIRMA 141 CFR) 201-45.50E
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SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agencyb ODCSOPS

ORGANIZATION OR AO RISS
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For use of this form, see AR 190-45; the proponent agency is ODCSOPS
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DODD0A-000383

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/altemate means of identification to facilitate filing and retrieval.

DISCLOSURE: Disclosure of your social security number is voluntary.
1.goCATlie?tNeei f, 2. DATE (YYYYMMDD) 3. TIME 4. FILE NUMBER

4 irciv-rnAiero I itrfori -6c O4 /1 6 11.qc--
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DA FORM 2823, DEC 1998n DA FORM 2823, JUL 72, IS OBSOLETE USAPA V1.00
DODD0A-000384

STATEMENT OF TAKEN AT 07 35 DATED c e'°3C f(
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AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BE AGE 1, AND ENDS ON PA E 2-. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWF CEM

(Signature of Person Making Statement)
WITNESSES: Subscribed and sworn to before me, a person authorized by law to administer oaths, this I 2 day of at
ORGANIZATION OR ADDRESS gnature of Person Aceninis ering Oath)
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ORGANIZATION OR ADDRESS (RuthoritV To 'Administer Oaths)
INITIALS OF PERSON MAKING STATEME PAGE c2 OF ,a PAGES
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