Taguba Report Annex 7: Army Memo re: AR 15-6 Investigation into the Escape and Shooting of Detainees at Abu Ghraib prison, Baghdad, Iraq

<p>This Army memo concerns the escape of a detainee who used a piece of cardboard from a water bottle box to push the triple strain concertina wire up and slide under the wire and escape from Abu Ghraib prison. The detainee did this while the tower guard was turned the other way. The memo also addresses a shooting where detainees started to throw rocks from their compounds at three (3) interior guards. The interior guards tried to get behind a generator to avoid the rock throws. They then proceeded to the exit. Enroute to the exit the interior guards were hit with baseball size rocks. A prisoner was about to throw a tent pole like a javelin at the interior guards only 10-15 feet away, when all three guard towers fired at the main threat eight (8) times and one (1) tower shot three (3) times into the crowd. This effectively dispersed the crowd and eliminated the threat.</p>

Doc_type: 
Investigative File
Doc_date: 
Friday, June 13, 2003
Doc_rel_date: 
Monday, October 18, 2004
Doc_text: 

DEPARTMENT OF THE ARMY 400th MILITARY POLICE BATTALION BIAP, IRAQ, APO AE 09302- 1322 AFRC-CPA-AO-D-PR 21 June 2003 MEMORANDUM FOR Commander, 400th Military Police Battalion SUBJECT: Escape and shooting at Abu Gharaib I . This 15-6 investigation includes two parts. An escape that took place around 1400 and a riot that resulted in a shooting and dean of one detainee and injuries to seven other detainees arm. nd 1600. The Escape: The detainee, #8968, used a piece of cardboard from a water bottle box to push the triple strain concertina wire up and slide under. The detainee did this while the tower guard was turned the other way. The QRF was activated and quickly apprehended the detainee while other guards pursued. Reference enclosure 21. a. This location was previously used by detainees to escape seven days earlier. This is an ideal spot to use because of the concealment along the wall. This spot was reinforced after the first escape attempt. A step to prevent an attempted escape attempt like this would be a cellblock enclosure. The cellblock is currently being renovated. Prisoners use cardboard boxes to sleep on. This is good for preventive medicine. b. The SOP does not specifically cover an escape attempt. This is a general guard order to prevent detainees from escaping 1 he Riot: Around 1600, 30-40 detainees started to throw rocks from their compounds at the three interior guards. The interior guards tried to get behind a generator to avoid the rock throws. They then proceeded to the exit. Enroute to the exit the interior guards were hit with baseball size rocks. A prisoner was about to throw a tent pole like a javelin at the interior guards only 10-15 feet away, when all three guard towers fired at the main threat 8 times and one tower shot 3 times into the crowd. This effectively dispersed the crowd and eliminated the threat. Reference enclosure 20 and 22 for the prison overlay and tower shooting layout. a. Upon reading the sworn statements (enclosure 7-19), I determined that the shooting was justified. All three towers determined that the lives of the interior guards were threatened. This fact under the current rules of engagement gives authorization for the soldier to respond with a lethal force. Prior to lethal response the towers even tried to verbally control the crowd ineffectively. The rules of engagement are reinforced in the company SOP and stationed at the guard towers. They were followed. b. The company having placed a variety of weapons (M16 or shotgun) gives the guards the choice to avoid unnecessary ricochet or firepower thru a target. This choice let the guard in tower #6 control the crowd effectively with fewer deaths but more injuries. c. The QRF responded immediately after the shots. They helped secure the injured detainees for treatment and secure the compounds. ANNEX DODD0A-000400 AFRC-CPA-AO-D-PR 21 June 2003 SUBJECT: Escape and shooting at Abu Gharaib, Cont 4. Recommendations. a. Extra concertina wire passed the far tower b. Post a daytime roving patrol c. Less lethal weapon capability with proper training d. Proper life support for prisoners (hygiene support and supplies, variety of food, linguist support, MI support) e. Slug shotgun rounds f. Remove all rocks in compound areas g. Refresh on rules of engagement h. Post compound rules in Arabic and English i. Contracted translators 5. The POC is the undersigned at robert.wyks@us.anny.mil . ENCL I — Appointment orders 1 2 - Camp Vigilant SOP Adjutant 3 - #8667 Custody Document 4 - 72nd Commander SITREP 5 - Prison Count 141045DJUN2003 6 - Prison Count 142115DJUN2003 7 DA 2823, SPC tower shooter 8 -DA 2823, CP - Commander 9 - DA 2823, SGT tower shooter 10 - DA 2823, SPC tower shooter 11 - DA 2823, 1SG First SGT 12 - DA 2823, SSG - RTO 13 - DA 2823, SGT - Interior Guard 14 - DA 2823, SGT - Interior Guard 15 - DA 2823, SPC Interior Guard 16 - DA 2823, SGT external tower guard 17 - DA 2823, SGT - prison transport escort 18 - DA 2823, SSG - Yard tower guard 19 - DA 2823, SF Yard tower guard DODD0A-000401 AFRC-CPA-AO-D-PR 21 June 2003 SUBJECT: Escape and shooting at Abu Gharaib, Cont 20 — Yard Overlay map 21 — Escape Overlay map 22 — Shooting Overlay map 23 — Battalion Serious Incident Report 24 — Investigation Log 25 — Evidence photo CD 26 — Shotgun shells tower #6 27 — Shotgun shells tower #5 28 — M-16 shells Yard tower DODD0A-000402 INDEX OF EXHIBITS EXHIBIT 1 Memorandum of Appointment, 15-6 10 EXHIBIT 2 SOP, Camp Vigilant Detention Center EXHIBIT 3 Evidence/Property Custody Document EXHIBIT 4 Memorandum for CDR, 400 th MP BN, Use of Deadly Force EXHIBIT 5 Prisoner Count on 131045(D) June 2003 EXHIBIT 6 Prisoner Count on 132115(D) June 2003 EXHIBIT 7 DA 2823, sworn statement of SPC EXHIBIT 8 DA 2823, sworn statement of CPT Memo to CDR, 400th MP BN by C EXHIBIT 9 DA 2823, sworn statement of SGT EXHIBIT 10 DA 2823, sworn statement of SPC EXHIBIT 11 DA 2823, sworn statement of 1SG EXHIBIT 12 DA 2823, sworn statement of SSG EXHIBIT 13 DA 2823, sworn statement of SGT EXHIBIT 14 DA 2823, sworn statement of SG EXHIBIT 15 DA 2823, sworn statement of SPC EXHIBIT 16 DA 2823, sworn statement of SGT EXHIBIT 17 DA 2823, sworn statement of SGT EXHIBIT 18 DA 2823, sworn statement of SSG EXHIBIT 19 DA 2823, sworn statement of SFC EXHIBIT 20 Camp Vigilant Map as of 14 June 0 EXHIBIT 21 Escape Route of Escapees Caught by QRF EXHIBIT 22 Line of fire from tower guards EXHIBIT 23 Serious Incident Report EXHIBIT 24 Investigation Action Log 13 June 2003 MEMORANDUM FOR COMMANDER, 400" Military Police Battalion SUBJECT Use of Deadly Force. Abu Guhrayb Detainment Facility I. On, 12 June 2004, at approximately 1800 hours. the detainees became agitated and began demanding answers regarding their capture and the amount of time they would be held in custody. They were upset and declared that they were being housed improperly and lacked basic needs such as showers, shampoo. blankets and toilets. Several of the detainees threw rocks and tent poles out of the en t.r, rds and one guard was struck on the hand. At that time, the Company First Sergeant. and myself respbnded to the yard and addressed the detainees through one of the priso iiii interpreters. They were advised that many of the new detainees had release dates and that the Camp Commander would review other cases and provide us information when it was available. The detainees were all advised that throwing rocks and tent poles at the guards would constitute deadly force and that they could and would be shot if that behavior occurred again. The situation was deescalated. however, due to a lack of additional compounds. the individuals suspected of throwing rocks and tent pools were not pulled out and segregated. A sitrep was sent to battalion with a request to charge the individuals and have them sent to Camp Cropper. 2. On 13 June 2003, at approximately 1400 hours. a disturbance was again reported in the yard and involved an attempted escape by detainee P8968. The detainee attempted to go through the wire utilizing a cardboard box, however, was immediately apprehended as he exited the wire. At this time a count was initiated, however, detainees in both compounds refused to stand to be counted. The QRF was dispatched, and ultimately the count proceeded without incident. Shortly after the count the QRF was being called again and as they responded multiple gunshots were heard in the yard. 3. Upon responding into the yard it was discovered that multiple detainees with multiple rocks and tent poles had targeted the military police working the enclosure compounds and were throwing the rocks and tent poles at them. As they attempted to flee military police in the tower feared for the lives of the enclosure guards. Simultaneously. three military police from three different guard towers. followed the rules of engagement and fired upon identified detainees who were engaging in the use of deadly force against U.S. personnel. Two military police shot with 12 gauge shotguns and one fired approximately 4 - 5.56min rounds from his M-I6. At the end of the engagement 7 Iraqi detainees were wounded, one was killer' and one U.S. soldier from the 400''' Military Police Battalion was injured from being hit by a rock. 4 All wounded were taken from the enclosure area and provided first aid by medics from the 400 1h MP Battalion as well as combat lifesavers from the 72' d Military Police Company. Medivac was requested and the 7 wounded detainees were evacuated. The body and personnel affects of the KIA were release to Iraqi authorities. The following is the list of wounded and KIA . .. SEC k NAME INJURY OFFENSE RELEASE DATE 8667 Alla Jasin Hassan KIA Gunshots lower abb and back Theft and Curfew 1 20030616 8883 Gunshot left arm Black Market 20030615 8956 Gunshot right Abdomen Weapons 20030616 9052 Gunshot left arm Looting 20030622 5749 Gunshot left shoulder Raid unk 7610 Gunshot lower back and butt Gang unk 8576 Gunshot left abdomen Curfew unk 9158 Gunshot left arm Unk unk DODD0A-000404 LINE OF FIRE' HcOM TOWER GUARDS • 1125' 90000-V0000a ¦ DEPARTMENT OF THE ARMY HEADQUARTERS, 800TH MILITARY POLICE BRIGADE (1JR) CAMP VICTORY, IRAQ APO AE 09302 AFRC-CNY-AI-CG. 14 July 2003 MEMORANDUM FOR RECORD SUBJECT: AR 15-6 Investigation — Riot and Subsequent Shootings of 13 June 2003 The findings and recoihmendations in the enclosed DA 1574, report of investigation pursuant to AR 15-6 are hereby approved. Lethal force was used in response to a credible threat of serious bodily injury or death against United States soldiers, by a detainee. The soldier involved acted in accordance with the Rules of Engagement and did not use excessive force. JANIS L. KARPINSK1 Brigadier General, USA Commanding End as DODD0A-000407 28 Jun 03 MEMORANDUM THRU Staff Judge Advocate, 800 th Military Police Brigade, ATM: LTC11111.111 • MEMORANDUM FOR Commander, 400 th Military Police Battalion, LTC =MI Subject: Legal Review of AR 15-6 Investigation- Riot and Subsequent Shootings of 13 June 2003. 1. On June 13th, 2003, LTC Commander, 400th Military Police Battalion, appointed C to conduct an informal investigation into the attempted escape, the riot and subsequent shootings of eight (8) civilian internees (including one lethally) at Camp Vigilant on 13 June 2003. 2. The DA 1574 and supporting documentation including evidence gathered was timely submitted on 21 June, 2003 by the IO. 3. Under AR 15-6, paragraph 2-3b, I reviewed the investigation and make the following determinations: d. The investigating officer's recommendations are consistent with his findings. Lethal force was used in response to a credible threat of death or serious bodily injury against U.S. soldiers by detainees who had removed tent poles from their compound and were attacking military police officers at the compoun . There are a number of specific recommendations that C ade. Counsel recommends that LTC review the recommendations made and incorporate any of the provisions that are feasible to address these concerns. e. The investigating officer's recommendation to "post compound rules in Arabic and English" is a requirement which must be addressed immediately if not already remedied. a. The investigation complies with legal requirements for an AR 15-6 investigation. b. There are no procedural errors or irregularities that invalidate the investigation. c. Sufficient evidence supports the investigating officer's findings. 00000A-000408 4. The POC for this memorandum is the undersigned at 550-1450. 1111111tm CPT, JA, US 800th MP Bde SJA Section DODD0A-000409 REPORT OF PROCEEDINGS BY INVESTIGATING OFFICER/BOARD OF OFFICERS For use of this form, ass All 115-6; the proponent agency is MAG. IF MORE SPACE IS REQUIRED IN FILLING OUT ANY PORTION OF THIS FORM, ATTACH ADDITIONAL SHEETS SECTION I - APPOINTMENT .----.. LT CDR, 400th Military Police Battalion ,Baghdad, Iraq APO AE 09335 lilted by _ (Appointing authority) 20030613 on (Attach inelosure 1: Letter of appointment or summary of oral appointment data.) (See para 3.15, AR 15-6.) (Date) SECTION II - SESSIONS The (investigation) (board) commenced at Camp Vigilant, Baghdad, Iraq at 1915 (Place) (Time) on 20030613 (Ifo formal board met for more than one session, check here 0. Indicate in an enclosure the time each session began and ended, the place, t:Mons present and absent, and explanation of absences, if any.) The following persons (members, 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 pares 5-2 and 5-8a. .4R 15-6.) The (investigating officer) (board) finished gathering/hearing evidence at 1800 011 20030617 (Tune) (Date) and completed findings and recommendations at 1800 on 20030621 (Time) (Date) SECTION III • CHECKLIST FOR PROCEEDINGS A. COMPLETE IN ALL CASES YES NOV NA/ Inclosures (para 3-15, 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 Item 9, below) X c. Other correspondence with respondent or counsel, if any? X X d. All other written communications to or from the appointing authority? X e. Privacy Act Statements (Certificate, if statement provided orally)? X I.Explanation by the investigating officer or board of any unusual delays, difficulties, irregularities, or other problems ' encountered (e.g., absence of material witnesses)? g. Information as to sessions of a formal board not included on page 1 of this report? h. Any other significant papers (other than evidence) relating to administrative aspects of the investigation or board? 10TNOTES: 11 Ltplain all negative answers m an attached Ada quenwn did nW OCCIii. in th is invologarion or board ../A FORM 1574, MAR 83 EDITION OF NOV 77 IS OBSOLETE. New 1 of .t paint, USAPA V1.20 DODD0A-000410 a. Arc 311113313 onerea (wneuter or not received) or consioerea as eviaence itiowsoisaity numocreo or tettered as exhibits and attached to this report? I X b Is an tndex 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 2L1 an exhibit? X d. Are copies, descriptions, or depictions Of substituted for real or documentary evidence) properly authenticated and is the location of the original evidence indicated? X e Are descriptions or diagrams included of locations visited by the investigating officer or board (para 3-66, AR 15-6)? 1 X f. 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? j X 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 15-6)? 3 Was a quorum present when the board voted on findings and recommendations (parts: 4-1 and 5.2b. AR 15-6) 2 B. COMPLETE ONLY FOR FORMAL BOARD PROCEEDINGS (Chapter 5, AR 15-6) 4 At the initial session, did the recorder read, or determine that all participants had read, the letter of appointment (para 5-3b AR 15-6) 7 5 Was a quorum present at every session of the board (pato 5-2b, AR 15-6)7 b Was each absence of any member properly excused (pare 5.2a, AR 15.6)7 7 Were members, witnesses, reporter, and interpreter sworn. 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 inclosure describe how they familiarized themselves with that evidence (pare 5-2d, AR 15-6)? C. COMPLETE ONLY IF RESPONDENT WAS DESIGNATED (Section II, Chapter 5, AR 15-6) 9 Notice to respondents (pare 5-5, AR 15-6): I 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 call witnesses? cl. 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 othenvise was absent during part of the proceedings): a-Was he property notified (para 5-5. AR 15-6)? b. Was record of proceedings and evidence received in his absence made available for examination by him and his counsel (pare i-4c. AR 13-6e : I Counsel (pore 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 miliary courts•1 was requested but not made available, is a copy (or, if oral, a summary) of the request and the action taken on it included in the report (pare 5-6b, AR 15-6)? 12 If the responder: 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 (para 5-8a, AR 15-6). a. He 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? T- d. Call witnesses and otherwise introduce evidence? -r - e. Testify as a witness? f Make or have his counsel make a final statement or argument (pare 5.9, AR 15-6)' ,_----1 14 If requested, did the recorder assist the respondent in obtaining evidence in possession of the Government and in I arranging for the presence of witnesses (pare 5.86, AR 15-6)' 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 (para 5-11, AR 15-6)? : L Lrplain all negative answers on an attached sheet. Zi Use of the N/A col..n constitutes a positive representation that the circumstances described in the question did not occur in this investigationor board Page 2 of 4 pages, DA Form 1574, Mar 83 USAPA V1.2 DODD0A-000411 The (investigating officer) (board), having carefully o5asidered the evidence, finds: Sec attached Memorandum Nothing else follows SECTION V • RECOMMENDATIONS• ra 3-11, AR 15.6) In view of the above findings. the (investigating officer) (board) recommends: See attached Memorandum. Nothing else follows- Page 3 0/ 4 pages, DA Form 1574, Mar 83 USAF* V1.i DODD0A-000412 THIS REPORT OF PROCEEDINGS IS COMPLETE-AND ACCURATE. (If any voting member or the recorder fails to sign here or in Section VII below, indicate the reason in the space where his signature should appear.) GPT (Recorder) (Invest! r) (President) (Member) /Member) (Member) (Member) 4 SECTION VII - MINORITY REPORT (pare 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 mensber(s) do(es) not concur. State the reasons for disagreement. Additional/substitute findings and/or recommendations may be included in the Enclosure.) (Member) (Member) SECTION VIII - ACTION BY APPOINTING AUTHORITY (pare 2-3, AR 15.6) The findings and recommendations of the (investigating officer) (board) are (approved) (disapproved) (approved with following exceptions; substitutions). (If the appointing authority returns the proceedings to the investigating officer or board for further proceedings or corrective action, attach that correspondence (or a summary, if oral) as a numbered enclosure.) page 4 of 4 pages. DA form 1574, Mar 83 USAPA V1.2 DODD0A-000413 DODD0A-000414 Shift Time Table 8 hour shifts 1 st DAY SHIFT SCHEDULE Time.Event.Place.Remarks 0330-0400.Guard Mount.Prison Facility.Conducted By NCOIC/OIC 0400-1200.Guard Duty.Prison Facility.NCOIC/OIC 0500-0600.Working Lunch Prison Facility .NCOIC/OIC - 06000700.Prisoner Count.Prison Facility.NCOIC/OIC 2nd DAY SHIFT SCHEDUAL Time.Event.Place. Remarks - 1130 1200.Guard Mount.Prison Facility.Conducted By NCOIC/OIC 1200-2000.Guard Duty.Prison Facility.NCOIC/OIC 1745-1800.Prep Tower Meals Prison Facility .NCOIC/O1C 1800-1900.Lunch.Prison Facility.NCOIC/OIC Tower Meal Run Prison Facility.NCOIC/OIC 1700-1800.Prisoner Count.Prison Facility.NCOIC/OIC NIGHT SHIFT SCHEDULE Time Event Place Remarks - 19302000 Guard Mount Prison Facility Conducted 1) . • NCOIC/OIC 0000-0100 Working Lunch Prison Facility NCOIC/OIC 2000-0400 Guard Duty Prison Facility NCOIC/OIC Annex B DODD0A-000415 STANDARD OPERATING PROCEEDURE (SOP) CAMP VIGILANT DETENTION CENTER (ABU GHURAYB) DODD0A-000416 TABLE OF CONTENT Mission Statement Chapter 1: Military Police/Corrections Officer Operations Rules of Engagement (ROE) Interaction with Prisoners Uniform Policy Chapter 2: In-processing Prisoners Out-processing Prisoners Prisoners Property / Money Chapter 3: Tower Operations Chapter 4: Prisoner Compo. und (Yard) Operations Chapter 5: Special Work Details Chapter 6: Prisoner Sick Call Procedures Chapter 7: Rules for Prisoners Rule Violation Chapter 8: Annexes A — Compound Shift Schedule Annexes B — Shift Time Table Annexes C — Compound Schematic DODD0A-000417 Mission Statement TASK: The 72" Military Police Company and 400 th Military Police Battalion conducts Civilian Detainment Operations VIC GRID 38S MB12948405 NLT 26May 2003. PURPOSE: To assist in the stabilization process of the new Iraqi government by providing a temporary, but secure holding area for Iraqi civilians accused of committing crimes. Furthermore, to assist in the transition of civilian detainment operations from U.S. to Iraqi forces. END STATE: A secure, stable, and civilized environment for pre and post trial detainment of Iraqi citizens, operated by trained Iraqi detention personnel. DODIDOA-000418 Chapter 1 Note: This SOP is your SOP. It is a minimum! It is up to you as leaders to go above and beyond this SOP if it involves the protection of your soldiers or the accomplishment of the mission. The Bottern Line. "it's not my/our job" doesn't get things done. Military Police/Corrections Officer Operations: Military Police (95B series) and/or Corrections Officer (95C) are the primary soldiers used in the daily prison operations. In this SOP Military Police and Corrections Officer may be used interchangeably in missions conducted inside the compound. MPs will use primary and cover officer techniques (2 man technique) at all times when in the compound. There are three primary areas of responsibility for MPs. Yard operations. Tower operations and Special Details. It should be noted that even though three job areas have been identified they should not be the MP's only areas of operations. Secondary areas include escort operations of prisoners to and from other military/civilian holding areas and escorting local civilian contractors contracted with repairing and/or up-keeping duties in the prison. Shifts will be run in twelve (12 and / or 8) hour rotations. MP manning of positions will follow Annex A outline (Compound Shift Schedule). Current number of MPs on duty will be determined by the total number of prisoners in the compound and_directed by Company Commander and/or First Sergeant. MPs will not leave their post (i.e. designated working area) unless authorized to do so by NCOIC/OIC. MPs on duty will follow uniform standards as stated in AR 670-1 or Company Commander (CO) /First Sergeant (ISG) directed. Recommendations made by area/local medical and preventive medicine personnel should be implemented as appropriate (i.e. Ivet bulb temperature). lvfl3s or soldiers involved in daily prison operations. will wear full Desert Camouflage (DCU) or Battle Dress Uniform (BDU) at all times around prisoners. Further instructions can be found below under "Uniform for Military Police." No weapons (shotgun, rifle or pistol) will be allowed within the compound. Weapons will be used on the outside perimeter of the main compound (i.e. outside five-strand concertina wire). Weapons carried by soldiers will be handed over to the company arms room prior to entry into the main compound. Prisoners will be treated with dignity and respect at all times while housed in the prison facility. Mistreatment of a prisoner will be dealt with UCMJ action. if misconduct was committed by military personnel, and Geneva Convention Statues pertaining to treatment of Civilian Internees (CI). Violation of rules and regulations stated to prisoners can be found in Chapter 7 (Rules for Prisoners) of SOP. Rules of Engagement (ROE): MPs working with prisoners must always maintain a heightened state of readiness at all times. [fan MP believes that his/her life is in danger or another human being's life is in danger it is the responsibility of the MP to do all means possible to save lives. MPs are reminded to use the following four words in thinking through courses of actions: Shout, Show, Shove, Shoot. DODIDOA-000419 Shout: In prisoner's native language three shouts of "Halt -will be directed to the prisoner. If no response to verbal commands then. Show: a show of weapon (MP Baton, Riot Baton, Pepper Spray, Shotgun. Rifle or Pistol) will be displayed to the prisoner. If no response to show then. Shove: a shove at the prisoner is authorized. However if an MP feels that contact with the prisoner may result in bodily harm then, Shoot: a shot will be fired. This is the last step/course of action and constitutes deadly force. All means to stop the prisoner must be initiated before deadly force is used (i.e. shout, show, shove) on him/her. A prisoner always initiates the course of action needed, not the MP. Warning shots will not be used to stop a prisoner from escaping. Only if a belief that bodily harm or death will result if the prisoner escapes (i.e. prisoner grabs an MP's weapon, takes a hostage or is incarcerated due to a violent crime- for example murder). Interactions with Prisoners: As stated above, all prisoners will be treated with dignity and respect while housed in the prison facility. As human beings are social in nature interaction between military police officers and inmates will occur. Interactions with prisoners will occur when assigned to special duties and due to cultural/language differences between military police and prisoners. It is understood that MPs cannot be 100 percent unsociable and small talk will happen, yet remain professional at all times. All prisoners will be treated Firm. Concise, and Fair in ALL DEALINGS. However promises of early release, special treatment for favors or unauthorized release of confidential information to prisoners is unauthorized. Talking to prisoners about other soldiers in any manner is unauthorized. Passing along or promising contraband in any capacity (i.e. cigarettes. money or extra food rations) is unauthorized. MP's will not compromise their integrity. Uniform For Military Police: 1. MPs Working In Towers- Kevlar Helmet. Flak Vest, Primary and Alternate Weapon. Basic Combat Load (Ammunition). Uniform will be worn at all times. 2. MPs Working The Yard- Pistol Belt with MP Baton and Holder. Handcuff. Handcuff Case, Flashlight. Whistle and Arabic Translation Card (Cargo Pocket). Uniform will be worn at all times. 3. MPs Conducting Escort Outside Prison- Primary and Alternate Weapon. LBV/LCF.. Protective Mask. Basic Combat Load (Ammunition). Kevlar Helmet, Flak Vest 4. MPs Working Special Details- To Be Determined by NCOIC of the detail. DODD0A-000420 Chapter 2 In-nrocessint2 Prisoners: Prisoners will be dropped off at the entry point (Sally point) prior to entry into the main compound. During in-processing no more that five prisoners will be processed at a time. QRF will respond to the yard to provide security, searching and escorting prisoners into the holding compound. Representatives for the company S-1 (Administrative) and S-4 (Supply) section will be located at the in-processing station to collect and sign for prisoners and their respective property. it will be the unit's responsibility to handle and store prisoner's property while housed in at the prison. Representatives from the company's attached medical section will also be located at the entry point. Medical personnel will examine each prisoner and ensure that they are in fair health and have no major medical conditions prior to entering the compound. Prisoners with serious medical conditions identified by medical personal will be transported to the nearest medical facility for further evaluation. Prisoners will be issued a bottle of water and will remain in their custody for the duration of their stay. Prisoners will also be issued blankets. Prisoners will be explained the rules of the compound and what will happen if these rules are violated. Steps for in-processing are as follows: I. Receive prisoners from transport vehicle. 2. Escort prisoners, five individuals at one time, into the in-processing tent. 3. In-processing tent: A. Prisoners searched B. Serial number and wrist id number will be checked with master roster C. Property will be signed for by supply/administrative personnel and secured D. Prisoners will be escorted to medical tent for examination 4. Medical tent: A. Qualified medical personnel will examine the prisoners as stated above. B. Water and blankets will be issued. Out-processings Prisoners: MPs will verify prisoners to be released by checking wrist id number and serial number with master release roster. Outgoing prisoners will then be separated from the remaining population. Prisoners will be escorted, no more than five at a time, to the out—processing tent. Prisoners will verify and sign for their property. Prisoners will be provided a humanitarian meal and escorted to the departure vehicle. Steps for out-processing are as follows: 1. Verify prisoners wrist id number. serial number. and name. (Also a photo if movement cards are incorperated at a later date. Separate outgoing prisoners from those remaining. 3. Escort five prisoners to the out-processing tent at one time. 4. Confirm wrist id, serial number, and roster number match prior to release. 5. Issue a humanitarian meal. 6. Place in transport vehicle for release. 7. Explain in Arabic rules for safe transportation ie. No Jumping Out of Vehicle. DODD0A-000421 8. In Arabic express/wish them a better life to include Law and Order when departing. Prisoner's Property/Money: During in-processing supply and administration personnel will inventory prisoner property item by item. (Chain of Custody Form) Prisoners will sign DD Form 2745 to record inventory of their property. All property will be locked/stored in the arms room/storage room until prisoner's release. Upon release all items will be handed back to prisoner and verified. at which point he/she will sign for receipt of said property. All forms will be kept by administrative personnel for a period of 1 year. DODIDOA-000422 Chapter 3 Tower Operations: MPs xvill man the towers 24 hours a day / 7 days a week. The purpose of the tower guards are for a show of force, provide early warning, protection of interior compound MPs. and to deter escape. ROE for external contact outside the Prison compound will follow V Core guidance and include the following: You are AUTHORIZED to take appropriate action up to and including DEADLY FORCE to: I) Defend yourself and others including detainees from death or serious harm. 2) To stop serious crimes including murder. armed robbery, rape and aggravated assault. 3) To protect designated Iraqi property including: a) Financial Institutions b) Institutions containing vital government records c) WMD or suspected WMD sites d) Oil Fields e) Public Utilities t) Commercial fuel service e) Hospitals and public health facilities h) Water supplies. Assess What You See! If you suspect that contact against the facility or towers has occurred report your suspicions immediately. If ifs significant or impacts our mission, a SALUTE/SITREP will be given after the initial Contact report. You do not need permission to defend yourselves, or others against death or serious bodily harm, however, the use of deadly force will be utilized only when necessary. in accordance with V core guidnace and upon positive identification of a legitamate threat. legitamate target and no risk to friendly or ;nnocent personnel. A detailed SITREP will follow any type of firing incident. The Bottem Line: Protect yourself. protect your fellow soldiers. and protect innocent civilians. Assess, Assess, Assess. think before you shoot! Uniform. Tower Specific- Enforced at all times! Worn or on you: Kevlar Flak Vest M9 M I 6/SAW/M203 Whistle and Arabic book DODD0A-000423 Carried or grounded with you: LBE/LCE Full Battle Load Ammo Mask DCU top MPs at the guard towers will: 1. Arrive at their respected tower 10 minutes before the start of shift (day or night). 2. Conduct challenge and password to the oncoming and off going shift. 3. Brief oncoming shift of events that occurred during previous shift. 4. Oncoming shift will conduct a quick inventory of equipment. (Night Vision Goggles, Batteries. Red Star Cluster, Green Star Cluster, White Star Cluster. Basic Load. Binoculars) 5. Always maintain one MP with full attention inside the compound and another MP with full attention outside the jail wall. Note: MPs in towers not directly over-watching the Detainee yard or ECP 2. will both face outward with full attention outside the compound wall at all times. 6. Both MPs will have weapons at the ready when in the tower. Towers 5 and 6 will always have shotguns at the ready as a show of force. 6.5 SAWs will always be located at the following: ECP TOWERs 1,2,84 3 7. Communications check with TOC will be conducted every hour on the hour. Radio communications will be made via Motorola Hand Held Radio. TA-312 or SINGARS (If available). 8. MPs will not leave their post until properly releaved. 9. Tower MPs must be vigilant on the duress sign from inside the yard (removing head gear inside the yard). 10.Towers should report all vehicle(s) or civilian(s) outside the compound to TOC. Military vehicles approaching the compound and identified by a tower must be reported to TOC. 11. Passes will be issued under Tower 2 to all contracted personnel who arrive for work detail in in the prison. 12.Local population will be kept at a minimum of 75ft from the Prison compound wall at All Times. Only exceptions will be POCs who are conducting business with MPs. These will be limited to (2) two locals at a time. This rule will be enforced even if it requires repeated warnings from tower and ECP personnel. Note: 2 whistle blows = EMERGENCY ie. Being fired upon, prisoner escaping. life in danger, danger to compound personnel etc. DODD0A-000424 Chapter 4 Prisoner Compound (Yard) Operations: MP personnel will be assigned their perspective duty position by the NCOIC' of the yard at guard mount. MP personnel working the yard can be rotated every 2-4 hours as time and weather permit. Those assigned to guard the ECP compound gate will determine who enters and leaves • the compound. to include MP personnel and prisoners. The compound gate is to remain closed at all times except when entering or exiting the compound. MPs escorting prisoners in work detail will have a visual of the detainee/s at all times. When issuing out food, blankets ect., detainees will line up single file on one half of the compound. After food/blankets, ect. have been issued detainees will gather on the opposite side of the compound until all detainees have received issued items. This avoids a detainee from getting more than one item. A head count will be conducted a minimum of two times a day (0600 and 1700 hours). However shift NCOIC/ OIC may initiate a head count at any time. When an MP feels that a possible confrontation or incident is about to occur and the MP is with prisoners the MP will remove his/her cap as a sign of duress and initiate steps provided in the ROE. Incident reports/daily staff log (DA Form 1594) will be completed daily and turned in at the end of each 12 hour shift. Yard NCOIC will log work details, in-processed and out­processed prisoners and visitors to compound. All questions on yard operations will be directed at the NCOIC/OIC. Note: NO Prisoners are allowed to remain standing at any enclosure door at any time unless being addressed by an MP DODD0A-000425 Chapter 5 Special Work Details: Special work is defined as details that can be done by prisoners for the prison compound or for prisoners. Details cannot be dangerous to the prisoner. For example. removal of unexploded ordinance or using prisoners as human shields during riot or outside attack on compound. Special work details that can be done by prisoners are: Filling of water jugs/bottles for prisoners. Construction of more prison compounds using manual labor. 3. Placing and building of tents on the compound. 4. Area beautification of the compound. For example; painting, trash detail or removal of weeds. 5. Interpreter duties for native speakers that can also speak English. DODD0A-000426 Chapter 6 Prisoner Sick Call Procedures: Sick call will be done by medical personnel attached to the company. Sick call hours will be from 0800 hours until completion. Emergency sick call will be handled 24 hours a day/ 7 days a week. Prisoners identified as having a medical condition during in-processing will be seen by medical personnel during sick call. Examples of medical conditions identified at in-processing may be asthma. high blood pressure, heart conditions, etc.. Prisoners that have a recent medical condition will be seen by medical personnel during sick call. Examples of recent medical issues that arise may be bug bites, cuts. colds, etc. Medical personnel on duty will treat prisoners as medically appropriate. Medical evacuations will be handled by medical personnel on duty. All medical evacuations will be communicated to Headquarters TOC and then to Battalion Headquarters for further coordination. DODD0A-000427 Chapter 7 Rules For Prisoners: 1. All prisoners will be present during headcount. No one is allowed to stay in the tents during headcount. 2. Prisoner vs. Prisoner fighting is unauthorized. 3. No prisoner will have a weapon, in any capacity, in their possession. 4. Verbal abuse towards theyuard force will not be tolerated. 5. Throwing of any items (rocks, tent stakes, spitting, etc.) is not authorized. 6. Leaning up on the concertina wire is not authorized. 7. Prisoners will not be allowed to receive items without approval from OIC/NCOIC. Items include food, clothing, shoes, etc. from outside the gate 8. Smoking/Smokeless Tobacco/Matches are not allowed in the compound. 9. Talking to family members through the wall or wire is not authorized. Rule Violation: Violation of the above rules will be dealt with by OIC/NCO1C and may result in referral of additional criminal charges to the Company Commander. Assaults on prisoner by another prisoner will result in an extension to the prisoners stay, per Judge Adjutant Generals (JAG) office guidance. Assault on guard force by prisoner will result in immediate removal from compound and placed into a separation cell. The JAG office will be contacted immediately. All incidents will be reported and written up as an incident report per OIC/NCOIC guidance. DODD0A-000428 Compound Shift Schedule Date: OIC: NCOIC: External Tower 1: 1. 2. Tower 2: 1. 2. Tower 3: 1. 2. Tower 4: 1. 2. Tower 5: 1. 2. Tower 6: 1. 2. Yard Tower: 1. ECP: 1. 2. QRF: 1. 2. 3. 4. 5. 6. 7. 8. RTO: 1. Internal Compound NCOIC (E-6): SGT of the Guard 1: Rover/Shotgun: 1: ECP Compound (Bellagio): 4 Main EPW/CI ECP: 1 DODD0A-000429 Annex A ¦ DODD0A-000430 4.3 1011/CID SEOUENCE NUMBER EVIDENCE/PROPERTY CUSTODY DOCUMENT I For on of this Iwo we AR 19045 md AR 195.5: Om proosamt soma, a US Arley I CRD REPO/117CM ROI NUMBER Canna vassnoasao Coonond I 03— Vae, —0 1 RECEMNG ACTIVITY 72ND MP CO/ 400TH MP BN LOCATION CAMP VIGILANT, BAGHDAD. IRAQ NAME. GRADE AND TITLE OF PERSON FROM WHOM RECEIVED ADDRESS andeds le Gale, r--1 HASSAN, ALAA JASIN UNKNOWN ,.j OWNER. ISN#8667 CK OTHER LOCATION FROM WHERE OBTAINED REASON OBTAINED. i TIMCOATE OBTAINED FROM PROPERTY ROOM & BODY OF ABOVE INMATE DEATH. i 1720/13 JUNE 2003 I DESCRIPTION OF ARTICLES QUANTITY. NO.. . ITEM finch)* onotlel, swiol rawater. whim solf asstseai Aorta a tuandtrs? 1 1 BODY OF INMATE TENETIVELY ID' AS HASSAN, ALAA JASIN APPROXIMATELY 68" IN LENGTH, APPROXIMATELY 140 LBS IN WEIGHT. MEDIUM COMPLEXION, MEDIUM LENGTH BLACK HAIR,FULL BLACK BEARD,WITH ONE 3/4" X 1" WOUND TO THE RIGHT UPPER BACK,ONE 1 1/2" DIAMETER WOUND TO THE LEFT UPPER BACK,TWO SMALL 1/8" WOUNDS LEFT AND RIGHT OF THE UPPER CENTER BACK, ONE 1/2 " IN DIAMETER WOUND TO THE MIDDLE STOMACH, AND ONE 1/2' IN DIAMETER WOUND TO THE UPPER LT. PELVIS. 2 1 CLOTHING ON BODY CONSISTING OF TORN WHT. TANK TOP, TORN BLUE DENIM PANTS, YELLOW SHORTS. 3 1 CLEAR PLASTIC BAG CONTAINING MISC. PILLS MARKED ERYTHROMYCIN 250 MG. 4 I PROPERTY BAG CONTAINING 1 BRN LEATHER TYPE BELT W/WHT METAL BUCKLE, 1 WHT. SHOE STRING, 1 PIECE OF PAPER MARKED 8667 CHAIN OF CUSTODY ITEM PURPOSE OF CHANGE DATE RELEASED BY. RECEIVEDY. N3 OF CUSMY SIGNATURE. SIGNATURE ro.,\....,./ 5 c-3 N i 'C. RELEASE TO IRAQ '. ,.' POLICE FORCE 1-4.13JUNO3 I NA GRADE.T. NAME. GRADe_TITLE . .---J-8.!C:11.r1, 10 (4e sE-6, MP. •, ....\1/4¦.N - SIGNATURE. SIGNATURE A L.-0, NAME. GRADE OR TITLE NAME. GRADE OR TITLE \---\- C93.--4. 104±_ SIGNATURE SIGNATU 1.c • NI, t„\\0*4.04 ACt,w,,-1- I NAME. GRADE OR TITLE NAME. GRACE OR TITLE -SIGNATURE SIGNATURE. —'6 NAME. GRADE OR TITLE. NAME. GRACE OR TITLE SIGNATURE. SIGNATURE NAME, GRADE OR TITLE. NAME. GRADE OR TITLE 000•111. OA NM 4127. I Ael 74 aul OA FORA 412741 hoc, AO tiatmni .FORM 4137, 1 JUL 76 USAPPC V I 00 DOCUMENT 26 $op 7S Illmeta r. 0111.1.14 LOCATION NUMBER DODD0A-000431 eA)Ce,_ ‘-..7ZEJZ _ 0 DEPARTMENT OF THE ARMY 18TH MILITARY POUCE BRIGADE Baghiscl. Vag APO AE 09302 REPLY TO ATTENTION OF AETV-MP-400 13 June 2003 MEMORANDUM FOR CPT S-1, 400th 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 escape attempts and shootings at Abu Ghurayb on 13 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 DODD0A-000432 AETV-MP-400 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 a our investigation that are related to the primary purpose of your investigation. 18th MP BDE Judge Advccate, will serve as your initial legal advisor. Should your investigation extend past the change in task organization that will have the 400th MP BN falling under the 800th MP BDE, then the 800th MP BDE will provide you with a legal advisor. 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 the undersigned. 2 DODIDOA-000433 L;4'-: C. 4. y AY7-Z7; 03 - 13 June 2003 MEMORANDUM FOR COMMANDER, 400th Military Police Battalion SUBJECT: Use of Deadly Force, Abu Guhrayb Detainment Facility 1. On, 12 June 2004, at approximately 1800 hours. the detainees became agitated and began demanding answers regarding their capture and the amount of time they would be held in custody. They were upset and declared that they were being housed improperly and lacked basic needs such as showers, shampoo. blankets and toilets. Several of the detainees threw rocks and tent poles out of the enclosure at the euards and one guard was struck on the hand. At that time, the Company First Sergeant. Daryl Keithley, and myself respcfnded to the yard and addressed the detainees through one of the prisoner interpreters. They were advised that many of the new detainees had release dates and that the Camp Commander would review other cases and provide us information when it was available. .The detainees were all advised that throwing rocks and tent poles at the guards would constitute deadly force and that they could and would be shot if that behavior occurred again. The situation was deescalated, however, due to a lack of additional compounds. the individuals suspected of throwing rocks and tent pools were not pulled out and segregated. A sitrep was sent to battalion with a request to charge the individuals and have them sent to Camp Cropper. 2. On 13 June 2003. at approximately 1400 hours, a disturbance was again reported in the yard and involved an attempted escape by detainee #8968. The detainee attempted to go through the wire utilizing a cardboard box, however, wis immediately apprehended as he exited the wire. At this time a count was initiated, however, detainees in both compounds refused to stand to be counted. The QRF was dispatched, and ultimately the count proceeded without incident. Shortly after the count the QRF was being called again and as they were responded multiple gunshots were heard in the yard. 3. Upon responding into the yard it was discovered that multiple detainees with multiple rocks and tent poles had targeted the military police working the enclosure compounds and were throwing the rocks and tent poles at them. As they attempted to flee military police in the tower feared for the lives of the enclosure guards. Simultaneously. three military police from three different guard towers, followed the rules of engagement and fired upon identified detainees who were engaging in the use of deadly force against U.S. personnel. Two military police shot with 12 gauge shotguns and one fired approximately 4 - 5.56mm rounds from his M-16. At the end of the engagement 7 Iraqi detainees were wounded, one was killed and one U.S. soidier from the 400th Military Police Battalion was injured from being hit by a rock. 4. All wounded were taken from the enclosure area and provided first aid by medics from the 400 th MP Battalion as well as combat lifesavers from the 72 nd Military Police Company. Medivac was requested and the 7 wounded detainees were evacuated. The body and personnel affects of the KIA were release to Iraqi authorities. The following is the list of wounded and KIA SEC 4 NAME INJURY OFFENSE RELE 8667 Alla Jasin Hassan KIA Gunshots lower abb and back Theft and Curfew ! 20030616 8883 IIII Gunshot left arm Black Market 1 20030615 8956 Gunshot right Abdomen Weapons j 20030616 905/ Gunshot left arm Looting 20030622 *749 Gunshot left shoulder Raid unk - 7610 Gunshot lower back and butt GangGan ,-, unk, 8576 Gunshot left abdomen Curfew i unk 9158 Gunshot left arm Unk i unk DODD0A-000434 3. POC for this action is the undersigned. CPT, MP, USA Commanding DODD0A-000435 DODD0A-000436 Prisoner Count on 13 June 2003 as of 1045hrs Tower Compound "A" Compound "C' Tower 149 Compound "B" 137 0 0 Toweri Tower Total Count of Prinsioners = 290 Prisoner Count on 13 June 2003 as of 2115 rs Tower Compound "A - Compound "C" . Tower 135 2 Compound "B" 130 VO 0 DODD0A-000437 Tower Tower Total Count of Prisoners = 267

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