CID Report: 0138-04-CID259-80202

DEPARTMENT OF THE ARM 78th MILITARY POLICE DETACHMENT (CID) (FIND) 3rd MILITARY POLICE GROUP (CID) UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND BAGHDAD, IZ APO AE 09342 CIMPR-FR 5 Jul 04 MEMORANDUM FOR SEE DISTRIBUTION SUBJECT: CID REPORT OF INVESTIGATION — FINAL (C)ISSI — 0138-04-CID259-80202— 15C1R2/5Y2E/5X1 DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 17 APR 200410001 HRS — 21 APR 2004/2359 HRS; UNKNOWN DETENTION FACILITY, AMMARIA, IZ DATE/TIME REPORTED: 1 JUN 2004, 1600 HRS INVESTIGATED BY: SA SA SA SUBJECT: 1. (UNKNOWN); (NH); [AGGRAVATED ASSAULT] [CRUELTY AND MALTREATMENT] [CONSPIRACY] 2. (UNKNOWN); (NFI); [AGGRAVATED ASSAULT] [CRUELTY AND MALTREATMENT] [CONSPIRACY] VICTIM: 1. 111=11.11111111111CIV; ISN:11111111.111 DATE OF CAPTURE: 17 APR 2004; IZ (NFI); AKA: 111/11111.111110/111.11.111111.111111111111.1111M[AGGRAVATED ASSAULT] [CRUELTY AND MALTREATMENT] [CONSPIRACY] --X4'he'd INVESTIGATIVE SUMMARY: On 1 Jun 04, this office received Memorandum of Transmittal (MOT) 0043-04-C10789, from the Prisoner Interview/Interrogation Team (PIT), 75" 1 Military Police Detachment, Baghdad Central Confinement Facility, Abu Ghraib, IZ (BCCF), regarding allegations of abuse directed against Mr hiie he was detained at an unknown detention facility near Ammaria, IZ. -7r 1 Ct Investigation did not develop sufficient evidence to prove or disprove Mr allegations that he was detained by U.S. Forces and transported to an unknown detention facility, where he was stepped on, had a rifle pointed at his head, and was forced to consume a bottle of urine by two soldiers. Additionally, investigation did not develop sufficient evidence to prove or disprover7c4./ Mr allegations that a soldier chambered a round in a pistol and pointed the pistol -7e Z.* si it toward his head. Investigation did not diminish the integrity or credibility of Mr 17/ allegation. FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE DOD-DOACID001087 0138-04-C1D259-80202 STATUTES: Article 128, UCMJ: Aggravated Assault Article 93, UCMJ: Cruelty and Maltreatment Article 81, UCMJ: Conspiracy EXHIBITS/SUBSTANTIATION: Attached: 70 11'01 Ov 1. Agent's Investigation Report (AIR) of SA illIMINIIIIMOMMP'IT, BCCF, 30 May 0476,.044: detailing the receipt of the initial complaint; receipt of written statement of SPC ill1111111111117 interviews of Mr nd SPC and coordination with 1LT (Dr) 11.1 ¦1 2'1 2. Written Statement of SPC 25 May 04, wherein he documents the allegations made to him by mr.111111i7Eu V iebk 3. SF 600, Chronological Record of Medical Care, 31 May 04, which documented a medical screening of Mr ellif which disclosed no indications of abuse. irek 4. Detention Packet of Mr received by this office on 1 Jun 04. 5. Sworn Statement of SPC 30 May 04, wherein he reiterated his previous statement. 10_7ei 6..AIR of SA 4Jul 04, detailing the receipt of MOT 0043-04-C10789, search of the Combined Joint Special Operations Task Force — Arabian Peninsula (CJSOTF-AP) Detainee Database; coordination with SSG 11111•01111111WPANNOIR, SECS/NM and CP-11.1111110 7d,4106-3 -rirmv, CPTH, and SFC and the interviews of 1L 7Cf6--te 7. Written Statement of SSG MOM 14 Jun 04, wherein he stated he never witnessed any abuse or maltreatment of any detainee. 7FM/ire,/ 8. Copies of detention facility rosters and photograph of Mr provided by SSG 111111.11.111on 16 Jun 04. 9. DO Form 2708, Receipt for Inmate or Detained Person, 22 Apr 04, wherein SFC illiniiMMIllassumed control of Mr lIM. i — rikiiiiiiiume 10. Waiver Certificate and Sworn Statement of SFC 3 Jul 04, wherein he denied Mr was abused or maltreated while in his custody. Not Attached: Attachedi None. The originals of Exhibits 1, 2, 6, 7, and 10 are forwarded with USACRC copy of this report. The original of Exhibit 3 is maintained in the files of the 391 5' Military Police Battalion Aid Station, BCCF. The originals of Exhibit 4 are maintained in the files of the BCCF. The original of Exhibit 5 is maintained in the files of PIT, BCCF. The originals of Exhibit 8 are maintained in the files of Headquarters and Headquarters Company, 12 1h Cavalry Regiment, 2 °d Brigade FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 0138-04-C1D259-80202 Combat Team, Camp Victory, 1Z, The original of Exhibit 9 is maintained in the flies of the 2 nd Brigade Combat Team Detention Facility, Camp Victory, IZ. STATUS: This is a Final (C) Report. This investigation is terminated in accordance with CIDR 195-1, Chapter 4-17 (a)(6), the Special Agent in Charge determined further of the investigation would be of little or no value. Remaining Leads: Canvass interviews of 545 th Military Police Company. Report Prepared By: Report Approved B ix/ bi) Special AgentiONW Special Agent in Charge b Distribution: 1-DIR, USACRC, 6010, 6 th Street, Fort Belvoir, VA 22060-5506 (original) 1-Thru: CDR, 22nd MP BN (CID), APO AE 09342 Thru: CDR, 3 rd MP Group (CID) To: CDR, USACIDC, ATTN: CIOP-ZA, Fort Belvoir, VA 22060 1-PMO, MNF-I (e-mail only) 1-C1D LNO, MNF-I, APO AE 09335 (e-mail only) 7C-31663 1-Office of the Staff Judge Advocate, Ill Corps, ATTN: CPT111611111P (email only) 1 -File FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 3,Y-0 t-I—C RO1 NUMBER AGENT'S INVESTIGi-, ION REPORT 0043-04-CID789 CID Regulation 195-1 PAGE 1 OF 1 PAGES DETAILS BASIS FOR INVESTIGATION: On 26 May 04, this office was notified by LTC 1111111.1111111.1 Joint Interrogation Debriefing Center (JIDC), Baghdad Central Confinement Facility ,L7 (BCCF), Abu Ghruyeb, Iraq (AGI), that Detainee ; National Detainee Reporting System (NDRS)41.8=1¦111,Abu Ghruyeb, Iraq; reported he as physically abused by US Forces, while detained in the area of Ammaria, Iraq. 7eb4-51 About 1310, 26 May 04, LTC provided this office with a statement written by SPC JIDC, BCCF, AG1, detailing the abuse allegations made by Detainee (See Statement) leZz,v lr. htv Abt" ?3 About 1500, 27 May 0 , SA 111111111M, with the assistance of Init‘rpreter JIMIIIIIIIIIIIie--. Iona interviewed Detainee , who provide an oral statement. OMNI stated he was capture sometime in mid April, 2004, at his house in Ammaria, located between Abu Ghruyeb and Baghdad. He was held at a location controlled by American Forces in Ammaria for three days then transferred to the Baghdad Airport for three more days After that, he was transferred to Abu Ghruyeb, where he has been since. While detained at Ammaria, two American soldiers, not guards, came inside the fence and stepped on his feet, while pointing a rifle against his head. He said the two soldiers stepped on his back and head. He said the same soldiers came back about 0300, the same night, and forced him and other detainees to drink a water bottle of urine. He was not blind folded, but his hands were tied. He said other guards, who saw this happen, scolded the two soldiers and instructed them to leave. He said one of the guards apologized to him for the soldier's actions. He also said while being transferred to Baghdad from Ammaria, one of the soldiers, who were the same ones who captured him, charged his pistol and pointed it at his head. 7( AGENT'S COMMENT: This agent observed no visible signs of injury. Detainee could not write Arabic well, therefore an oral statement was taken. T1-bet/. 1:3)6 About 1300, 29 May 04, SA coordinated with 1LT (DR.) 11111MMIIMININIIII.1 11111 391 st MP BN Aid Station, BCCF, AGI, and requested a complete medical physical be conducted on Detainee/Mk (See Physical Report) 16,4 hiF 11-.vt* Ibk. - About 1645, 30 May 04, SA interviewed SPC Walaillalt-who provide a sworn statement detailing the allegations made by Detainee (See Sworn Statement) ///////////////////////////////////////////////////00/////////LAST ENTRY// /////////////////////////////////////////////////0//////////// 1,4'1/ 7E TYPE AGENT' p ORGANIZATION PRISONER INTERROGATION TEAM (PiT)(CID) SA Baghdad Central Confinement FacilQy. Abu Ghruyeb 09342 DATE EXHIBIT 30 Nil@v 04 FOR OFFICIAL USE ONLY Page(s) • • Referred to: U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101 - MS, JACQUELINE SCOTT (813) 827- 5341/.2830 Page(s) ti Referred to: U.S. ARMY MEDICAL COMMAND FREEDOM OF INFORMATION/ PRIVACY ACT OFFICE ATTENTION: MCFP 2050 WORTH ROAD, SUITE 13 FORT SAM HOUSTON, TEXAS 78234-6013 MR. JOHN PETERSON John . Petersont@cen. amedd. army.mil (210) 221-7826 Page(s) Referred to: U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101 - MS. JACOUHANIE SCOTT ( 3) 827-5341/2830 Page(s) 10 Referred to: U.S. ARMY MEDICAL COMMAND FREEDOM OF INFORMATION/ PRIVACY ACT OFFICE ATTENTION: MCFP 2050 WORTH ROAD, SUITE 13 FORT SAM HOUSTON, TEXAS 78234-6013 MR. JOHN PETERSON John .Petersonl@cen. amedd. army.mi I (210) 221-7826 Page(s) Referred to: U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101 - MS, JACQUELINE SCOTT 0138-04-C1D259-80202 C C-7L 3 • c . .`7Srt SWORN STATEMENT File Number: 00-13-04-CID789 Location -Abu Ghruyeb, Iraq Date: May 04 Time: / iff 7e#1-1.9 Statement of: SSN: Grade/Status: E-4/AD OrWALIdress: cunt 111[cl -rogation Dchrielin2 Center. Abu Ghruyeb. Iraq I. ,want to make the Cotlowing statement under oath: I am inakinLz thi s statement teely. On the date of 25 May. 2004. throutlh questioninil, of detainee 160029, the detainee claimed to have been physically abused while under control of coalition forces. The detainee claims when he was being apprehended, his name did not match the name the U.S forces were looking for and he was taken to a detention facility on the date or 17 January. 2004. in Ammaria, ;vac). regardless. When I asked the detainee nov% he Nt as abused he stated then arriving in Amm,aria, the detainee was approached hourly and asked questions. Ile was also hit and beaten each hour when forces came to talk to him. 'Me detainee said dant the soldiers abusing him were not the same soldiers that arrested him. The detainee claimed the soldiers would walk on hint and stand on his head in the cell. .rhe detainee stated lie thinks they did this to try and not leave hru ises. The detainee stilted that he had asked for water from a guard and the guard had brought Item a bottle-. Vt-li+E-ri he drank the contents. the detainee stated it was urine. The detainee sacs th:ll one soldier had witnessed other U.S soldiers abusin;; hint about a vel;-alter Iris arrest tied had come or e, Lind scolded the abusing soldiers. t he detainee says that he thanked the s o ld ier for helpinit f (): SA 11111111111 1"." k) SPC 7e. Lf 126, ci Q: Did he describe the abusers to you? A No. I asked hint if he remembered nametat2s and he said no I le did say they spoke Q: Did lie show you any scars or injuries? A: No. Q. Do y nu have anything to add to this statement? A: Nu. ///END Ole STATEMENT/g/ii.le„ 414* (/ — 1N1 I I ,E!,i IMF 7(WhicCi . Page I of FOR OITICIAL LSE ONI.Y EXHIBI I FOR OFFICIAL USE ONT v 03-04- IDBS idLikoe-/ STAIIIN1ENT OF: DATED: 30 May 04 CASE hi: D0-1 .3-C4-C147750 7644 OE 4 AFFIDAVIT J I. .HAVE RF.AD OR HAVE HAD READ TOME THIS STATEMENT WHICH BEGINS ON PAUL 1 AND ENDS ON PAGE I. I FUTLY UNDERSTAND THE CONTENTS OF Tl IE ENTIRE STATEMENT MADE BY ML. THE STATEMENT IS TRUE_ I RAVE INITIALED ALL CORRECTIONS AND HAUL I IITIALSD THE LMTIOM OF EACH PAGE CONTAINING THE STA. ! LIMENT. ! HAVE MADE THIS STATEMENT FRE.ELY WITHOUT HOPE Or EsENLFil'OR REWARD, WITHOUT THREAT OF PUNISHMENT. AND \NITHOI)ICOERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT I .-narlIce Uh p c i-srin , Sty:eribrJ bcfort; 1110..ptcmwk 31.1i1101'170.1 b?..11) ,I6M111161,L1 (Mill', 11111 .71){11 tiEly nl M,4% 2004 a t Abu G511 u) eh, Ifaci. ;'SIvaturt (If I'el . son Adminisicrin Oath) .Special .Agens bir .,'11he1t• I .M . 71,11 (Aulfitm. Oolhy . 76466 4,4 INITIALS or') FOR OFFICIAL. USF ONLY 55 FXHIBET FOR OFFICIAL USE UNT v AGENT'S INVESTIGATION REPORT10138-04-CID259-80202 CID Regulation 195-11Page 1 of 2 BASIS FOR INVESTIGATION: About 1600, 1 Jun 04, this office received Memorandum of Transmittal (MOT) 0043-04-CID789, from the Prisoner Interview/Interrogation Team (PIT), 75 th Military Police Detachment, Baghdad Central Confinement Facility (BCCF), Abu Ghraib, Iraq APO AE 09342, regarding allegations of abused directed against Mr National if r--51: Detainee Reporting System (NDRS) Numbers while he was detained at an unknown detention facility near Arnmaria, Iraq. be/ About 0945, 2 Jun 04, SAME. conducted a search of Combined Joint Special Operations Task Force - Arabian Peninsula (CJSOTF-AP) Detainee Database, which disclosed no information which pertained to Mr aim 7F--7(7..it L/ _ 7 262/ 1__ About 1300, 16 Jun 04, SAME. interviewed SSG alinesiimulmmum, Detainee Operations Noncommissioned Officer in Charge, Headquarters and Headquarters Company (HHC), 2 nd Squadron, 12 th Cavalry Regiment (2/12 CAV), who stated he was not part 71 x.1 of the apprehension team for Mr JEN.. SSG _stated subsequent to Mr MM. apprehension, he was taken to the Battalion Holding Facility known as Hawk Base, where he underwent a medical screening. The guard force at Hawk Base was conducted on a rotational basis and changed weekly. SSG MM. stated each detail was fully briefed on proper conduct and handling of detainees prior to the assumption of guardduties. SSG 4.011.111 :3bi,3 stated at no time were personnel other than guards and interpreters allowed to enter the facility and interact with the detainees. SSG stated on 20 Apr 04, he and SFC11111111. (NF1) :---1e4X Jtransported Mr a the Brigade HoldiiigTacility, known as 29 Palms, which was located approximately fifteen minutes from Hawk Base. SSG -provided copies of a several documents detailing the location of Mr AMIE and the date of arrival at the locations. SSG OEM also provided a printout of a photograph exposed of Mr MINI upon his arrival at Hawk Base on 17 Apr 04. (See documents for details)kerlat About 1030, 17 Jun 04, SA sum interviewed 1LT 76 Executive Officer, FIHC, 2/12 CAV, who stated on 17 Apr 04, he participated in the capture of Mr 1LT diNiMirated Mr MN. was released to Hawk_Base the same day. 1LT tate d he did not transport Mr IN= to BCCF and further stated that his soldiers did not transport Mr .to BCCF. 1LT iiinlastated he had no knowledge of any mistreatment of Mr y any member of the Coalition Forces. -163 k31,' 3 About 1100, 17 Jun 04, SA SOW interviewed CPTINININNIMININIMIIP, Commander A Company, 1/5 CAV, who stated he participated in the capture of Mr MEM 7rXj'f::'1 NM stated at no time did he observe any abuse or maltreatment of Mr ,k.M.R. CPT 7 ric06. Mit stated no one in his company was responsible for the transport of Mrd to BCCF. 7r 7" 4"4 stated he never observed any abuse or maltreatment of any detainee Additionally, CPT by Coalition Forces, lei is" 78th NP Detachment (Forward) (CID) SA 11111111111111111, Special Agent, Baghdad, Iraq APO AE 09342 Signature -/eV Date: Exhibit: Rif 5 JUI. 04 CID Form 94 FOR OFFICIAL USE ONLY - AGENT'S INVESTIGATION REPORT10138-04C1025980202 - CID Regulation 195-11Page 2 of 2 `t/'W About 1500, 2 Jul 04, SA _coordinated with SFC Noncommissioned Officer in Charge, 2'd Brigade Combat Team Detention Facility, Camp Victory, IZ, who Zi:r°5t. searched the files maintained at his office for any records which pertained to Mr MUM SFC 7d.. IMMIlliprovided a copy of DD Form 2708, Receipt for Inmate or Detained Person, which v19 3 pertained to Mr mot SFC further stated the only personnel granted access to the detention facility were personnel on guard duty. SFC .stated a guard roster was not maintained at the facility to indicate who was on guard duty during the time frame of the incident. (See DD Form 2708 for details) 7c4 1,2& About 1454, 3 Jul 04, SA =NW advised SFC INOMMOMINNIMINIMia, HHC, 2 nd L.Brigade Combat Team, 1.'` Cavalry Division, Camp Victory, IZ, of his legal rights, which he waived, and provided a sworn statement wherein he denied he abused Mr inn or that Mr 76, ab63 ;Kole+ 111111111111suffered any abuse or maltreatment while under his control. (See waiver certificate and statement for details) 3 About 0930, 5 Jul 04, SA labriefed CPT Chief of Criminal Law, Office of the Staff Judge Advocate, HI Corps, Camp Victory, 17, on all aspects of this investigation. CPTiMMIll opined insufficient evidence was present to prove or disprove 1/111111.111mJ7c:+4, 4--allegations. - - About 1000, 5 Jul 04, SA iMillbriefed CPT'76Abbf 11¦74 11611111, Trial Counsel; 2" Brigade Combat Team. I Cavalry Division, Camp Victory, 17, on this investigation and the opine of CPT ins CPT stated he agreed with the opine provided by CPT iMIOLJVLAST ENTRY//I1 • 71.51 -­ 1,", .3 SA1 78tb MP Detachment (Forward) (CID) Special Agent, A0101 Baghdad, Iraq APO AE 09342 Signature-Date:1Exhibit: 5 JUL 04 CID Form FOR OFFICIAL USE ONLY Page(s) 5- 33J• Referred to: U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101 - MS. SCOTT' entc srni (813) 82T534 /2830 . .. ' RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE For use of this form. see AR 190-301 the proponent auencv is ODCSOPS DATA REQUIRED BY THE PRIVACY ACT _ AUTHORITY: Tide 10, United States Code, Section 3012(g) PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES: Your Social Security Number is used as an additional/alternate means of rdentificat)on to facilitate film dixafr 3 e-th DISCLOSURE: Disclosure of your Social Security Number is voluntary '71.' I LOCATION 2. DA 3 TIME FILE NO. Building 84, Camp Victory, IZ 3 Jul 04 ; V) S. NAME (Lrts& First, MI) 8. ORGANIZATION OR ADDRESS • ieql---6' iqc,,, zi,..{ bcr,.1 cku 6. ,,....E=STATUS cia,,,f, ii,._kli.z-F 1.412 ),-12--_": _.(/*,-, 7 ' 0... IIIIIMMIlli. -e -Y.—.7 /)114—') PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE Section A. Rights .. The investigator whose name appeal; below told me that he/she i s with the United States Army Criminal Investigation Command (CID) as a Special A e t le ci /*Le and wanted 10 question me about the following offense(s) of which I am suspected a uelty and Maltreatment, Aggravated Assault, and Constatracyo Before heishe aske me any questions about the offense(s), however, heishn made it clear to me that 1 have the fauwIng nghts E. I do not hare to answer any questions or say anything 7..Anything I say or do can be used as evidence against me in a criminal trial (For personnel subject to the UCMJ)1 have the right to talk privately to a lawyer before. during, and after questioning and to have a lawyer present with me durme questioning This lawyer can be a civilian lawyer f arrange for at no expense to the Government or a military lawyer detailed for mc at no expense to rne, or both. - or - {Fur ctrifmn.N nor subject to the LICMJ)) have the right to talk privately to a lawyer before. during. and after questioning and to hare a lawyer proennrvith me (luting questioning I understand that tkils lawyer can be one that I arrange Id, at my nivn e .cpense, or if I cannot afford a lawyer and wan: one, a lawyer will be appointed for me before any gutsy:ming begins. 4.II I ant now willing to discuss the offense(s) under investigation, with or without a lawyer present. I have a right to stop answi:ring questions Si any time. or speak pi i v a tel y with a lawyec bet-ore answering bather, even (F1 sign the warner below. 5 COMMENTS (Cuntiniie on reverse side) Oltil (lion 13. Waiver leiteibV nderstand my rights as stated abov . . ing to discuss the otfense(s) under investigation and make a statement without talking In a lawyer tirst and 111'shout having a lawyer present with WITNESS If anal able) 3.•.•.-:-. ._.—.-.•. --....., --.-.A I a. NAME (Type or Print) '76g/hb b ORGANIZATION OR ADDRESS AND PH lerrrig taer • 1 - I, 1 ATOR - 7d I lab/ 2a.NAME (Type or Paint) 5. (GAToR SA '7(1/ bi? / b ORGANIZATION OR ADDRESS AND PHONE 6 ORGANIZATION OF INVESTIGATOR 78th Military Police Detachment (FWD) (CID) Camp Victory, 12 Section C. Non-Waiver I. I do not want to give up my nghts 1 want a lawyer. I 2 SIGNATURE DF INTERVIEWEE ¦. ¦ do not want to be questioned or s ay anything. SS laTACI-1 THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA form 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED a flr7Trysr `Whttlfr.9%Sr‘f FeTff DOD-DOACID001101 PART If RIGHTS WARNING PROCEDURE THE WA.R,NINO WARNING - Inform the suspect/accused of: a. Your official position b. Nature of offense(s). c. The fact that he/she is a suSpecilaczused. 2 RIGHTS - Advise the suSpectlaccused of his/her rights as follows: "Before I ask you any questions, you must understand your rights." a. "You do not have to answer my questions or say anything." h. "Anything you say or do can be used as evidence against you in a criminal trial," c (For personnel subject to the UCMJ) "You have the right to talk pnvately to a lawyer before, during, and after questioning and to have a lawyer present with you during questioning. This lawyer -Do you understand your lights?" Of the suspecliaccused says "no," determine what is not understood, and if necessary repeat the appropriate rights advisement. if the suspect/accused says "yes," ask the following question.) "Have you ever requested a lawyer after being read your nghts?" (If the suspectiaceused says "yes,' Ilnd out when and where lithe request was recent-e. fewer than 30 days ago), obtain legal advise On whether to continue the Interrogation. If the suspect/accused says "no," or if the prior reeuest was not recent, ask In miller the following question.) can be a civilian you arrange for at no expense IA the Government Or a military lawyer detailed for you at no expense to you, or both." -or -(For ovaiarrs nor subjecr ro the UCMJ) You have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with you during questioning This lawyer can be one you arrange for at you own expense, or if you cannot afford a lawyer and want one. a lawyer will be appointed for you before any questioning begins" d. "If you are now willing to discuss the ark-mei:5) ender investigation, with ar without a lawyer present, you have a right to stop answer ng questions at any time, or speak privately with a lawyer before answering further. even If you sign a waiver certificate " Make certain the suspect/accused fully understands his/her rights . THE WAPVER, "Do you want a lawyer at this Urne'?" (if the suspect/accused says "yes," stop the questioning until he/she has a lawyer. If the suspect/accused says "no," ask himrher the following question ) "At this nine, ate you willing to discuss the offense/s) under investigation and make a statement without talking to a lawyer and without honing a lawyer present with you7 (If the suspect/accused says -no "stop the enten4elv and have /tint her read and sign die non-onlin.er seciron of the wet ver certzfiente on the other aide of thrs form. /fate sitspect/acctiseel says ':ves. -have him/her reed and sign the -waiver seetton of rime waiver cervficnie on rho other side of rios form.) SPECIAL INSTRUCTIONS WHEN THE SUSPECT/ACCUSED REFUSES TO SIGN THE WAIVER CERTIFICATE lithe suspect/accused orally waives luslier rights but refuses to ago the waiver certificate, you may proceed with the questioning, Make on the wa iver certificate to the effect that he/she has stated that heishe understands 1-seler rights, does net warn a lawyer, wants to discuss the offense(s) under investigation, and refuses to sign the waiver certificate If WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY. In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as re the case of street interrogations, completion may be temporarily postponed. Notes should be kept on the Circumstances. PRIOR INCRIMINATING STATEMENTS: 1 If the suspect/accused has made spontaneous incriminating statements before being properly advised of his/her nghts he/she should be told that s uch statements do not obligate hirolter to answer further qv.eStiOnS rnm \AFN-rq, 2 If the suspect/accused was questioned as suck either without being advised of Irisltet lights or some question exists as to the propriety Of the first statement, the accused must be so advised The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advIsal NOTE. If I or 2 applies, the fact that the suspect/accused was advised accordingly should be noted 15 the comment seetron on the waiver certificate and rninaled by the suspectiaccused. WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, thi7suspect displays indecision about requesting counsel example, "Maybe I should get a lawyerl, further questioning must cease immediately At that point, you may question the Suspect/accused only concerning whether he or she desires to waive counsel. The 'questioning may not be utilized to discourage a suspect/accused from exercising his/her rights (For example, do not make such comments as "lf you didn't do anything wrong, you shouldn't need an attorney )" REVERSE OF DA FORM 3881 '`U S Government Printing Office. 1990-261- g7i.'02685 DOD-DOACID001102 SWORN STATEMEK I/ki, 4 For use of this form, see AR 190-45; the praponerA Tncy is ODCSOPS DATE TIMELOCATION Building 84, Camp Victory, IZ APO A 09342 3 Jul 04 1 / 1-7i LAST NAM IDDLE NAME SOCIAL SECURITY NUMBERL. ; 0-1,/,49 V IIIIIIIIIIOIIIMOI -le cin4; 7 RGANIZATION OR ADDRESS Peadquatters ar.a Headquart.ers Company, 2'''' brigade Combat Team, l' t Cavalry ol..nasion, le" 4 A, a , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: U136-04-t-Ill2)9-80‘ ( 2 eq1.14" 47 E NUMBER GRADE1STATUS E7 /AD Camp Victory, 11 e convoy operations that I conduct are 2 gun trucks with 3 personnel per truck, roles are driver, TC and Gunner, typically during this time it was the 545MP platoon that was attached to 2" d BCT. The personnel in the LMTV with myself are from HHC, 2" d BCT, or 312 MI BN, B Company. Usually it consists of a Driver, TC myself gunning in the cab of the LMTV pIus 2 guards in the back to provide security of the detainees during transport I leave the back flaps of the LMTV open to ensure the guards can see if any contact occurs and the trail vehicle in the convoy can see into the rear of the LMTV incase the detainees try to over take the guards. The soldiers that are on guard duty have Ml6s and are at a red status prior to the - detainees coming on to the vehicle. I do this so that the detainees don't think we a locking and loading on them while they are blindfolded. I blindfold the detainees so they can't see around when I we are driving around BIAP. I typically go from Victory North to the Division Interrogation Facility to move detainees from there to Abu Ghraib. For security reasons I keep the detainees blindfolded. I also have a handheld radio in the rear of the LMTV with the guards, one in the cab of the LMTV for the TC to monitor and one in the lead gun truck to ensure that if anything does occur in the back with the detainees that they can call the lead truck to stop the convoy and we can then addriiir None of my guards ss the problem with the detainees. on the LMTV have 9mrns with them on convoy Q: SA VIIII 761 bb/ A: SFC INIMMIMP 7e 4 0.74,4( Q: What does "red status" mean? A: A magazine in the magazine well and Q: Do the soldiers on the transport detail ever chamber A: No. Prior to detainees entering the LMTV, so they loading on them. le.thi,, y a round chambered. rounds in the presence of the detainees? aren't scared and don't think we are locking and Q. Is there a roster maintained to indicate which soldiers were on this particular convoy? A: No. Q: Have you ever had a convoy where any detainee became combative or where the escorts were required to point their weapons in a threatening manner toward the detainees? A: No. The detainees are usually docile. The most contact the escorts usually have to have is to place a hand on a detainees shoulder to have him sit back down. Q: Are detainees ever transported without a blindfold in place? A: No. Q: Do you have any knowledge regarding the operating procedures at Hawk Base, formerly known as the Thunder Dome? A: No. Q: Have you ever witnessed or otherwise gained knowledge of any soldier abusing any detainee? A: No. Q: Do you know if soldieaarber than guards or escorts, are allowed to enter the detention facilities and interact with the detaineellif 7e-44..il.eci -16) . • 4/ EXKBET 1NITrALS OF P STATEMENT P-4*(rhe;e-/-PAGE 1 OF PA ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEME.TAKEN A T_DATED.CONTINUED" THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE OF PAGES-" WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT AND THE STATEM ENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM. r DA FORM 2823. JUL 727SUPERSEDED DA FORM 2823, 1 JAN 68, WHICH WILL BE USED, F9 ttir FOR OFFICIAL USE ONI Y 7c,4 4.4.g' "STATE ENT OF SFC AKEN AT Building 84, Camp Vic, y, IZ APO AE 0$3-32031ACEItaAtige202 -raw, T.(Continu Sor A. ometimes the SF guys pick up detainees and take them for interviews and then return the detainee, but we insure the condition of the detainees are documented for transfer and return. Q: Have you ever heard any allegations of soldiers forcing detainees to drink urine? A: No. Q: Is it possible for a solider to gain access to a detainee without someone working in the detention facility knowing about it? A: No. Q: During transport of the detainees, is there ever a point where a single escort or guard is left alone with the detainees? A: No. Q: Do any of the members of the transport detail carry pistols? A; No. if-7641 tre St Q: Were any of the transport detail for Detainee Number 212C-171, from HHC, 2/12 CAV? - A: No. if lab& Q: Did you ever observe any injury to Mrall1111 while he was in your control? A: No. Q: Do you have anything else to add to this statement? A: No. Q: Have you told the truth in this state r? Xelbeal A: Yes.///END OF STATEMENT// AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE.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 .D. WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE. OR UNLAWFUL INDUCEMEN 4/ 044 rgna W3TNESSES: Subscribed and sworn to before me, a person authorized by Law to administer oaths, this 3rd 7day of Juiv 7, 2004 at Buildin 84 C. icto IZ APO AF 09342 / . ORGANIZATION OR ADDRESS rg Administering Oath) SA (Typed Name of Person AdministeringOath) Article 136, UCMJ ORGANIZATION OR ADDRESS (Authority to Administer Oaths) INITIALS OF PERSON MAKING STATEMENT ,_Q „._PAGE L-, OF r-r .PAGES ti` FOR OFFICIAL USE ONLY UNCLASSIFIED - FOR OFFICIAL USh JNLY DATE: 1 JUNE 2004 FROM: SAC, 78TH MILITARY POLICE DET (CID) (FWD;' TO: DIRECTOR, USACRC, USACIDC, FORT BE•VOIR, VA CDR, HQUSACIDC ATTN: CIOP-ZA, FORT BELVCIR, VA CDR, 22!'° MILITARY POLICE BATTALION (CID)(FWL1 ) CDR, 3D MILITARY POLICE GROUP (CID) CDR, 78TH MILITARY POLICE DET (CID) (FWD) MNF-1, CHIEF OF STAFF, DETAINEE OPS PROVOST MARSHAL, MNF-1 LNO CID, MNF-1 (FOR FURTHER DISTRIBUTION) SUBJECT: CID REPORT -INITIAL/SSI - 0138-04-C1 1.2259-SC202- /5C1R2/5Y2E/6X1 DRAFTER : SA RELEASER: SA 11111111111116 1. DATES/TIMES/LOCATIONS OF OCCURRENCES: 1.. 17 APRIL 2004/0001 - 21 APRIL 2004/2359 HRS; UNKNOWN DETENTION FACILITY, AMMARIA, IZ 2. DATE/TIME REPORTED: 1 JUN 2004, 1600 HRS `lea 47& / ,6 3. INVESTIGATED BY; SA.; SA SA 4. SUBJECT: 1.. (UNKNOWN); CT; (NFI); [AGGRAVATED ASSAULT] [CRUELTY AND MALTREATMENT] [CONSPIRACY] 2.. (UNKNOWN); CT; (NFI); [AGGRAVATED ASSAULT] [CRUELTY AND MALTREATMENT] [CONSPIRACY] 5. VICTIM: 1. immemp CIV; ISN dommiNew 717-4.76 .70,4„Jimme DATE OF CAPTURE: 17 APR 04; M; IZ; AKA: arow [AGGRAVATED ASSAULT] [CRUELTY AND MALTREATMENT] [CONSPIRACY] ammormumommeN(NFI) 6. INVESTIGATIVE SUMMARY: THE INFORMATION IN THIS REPORT IS BASED UPON AN ALLEGATION OR PRELIMINARY INVESTIGATION AND MAY CHANGE PRIOR TO THE COMPLETION OF THE INVESTIGATION. THIS IS AN "OPERATION IRAQI FREEDOM" INVESTIGATION. UNCLASSIFIED - FOR OFFICIAL USE ONLY UNCLASSIFIED - FOR OFFICIAL USE ,ONLY ON 1 JUN 04, THIS OFFICE RECEIVED MEMORANDUM OF TRANSMITTAL (MOT) 0043-04—CI0789, FROM THE PRISONER INTERVIEW/ INTERROGATION TEAM (PIT), 75TH MILITARY POLICE DETACHMENT, BAGHDAD CENTRAL CONFINEMENT FACILITY (BCCF), ABU GHRATD, IRAQ APO AE 09342, REGARDING ALLEGATIONS OF ABUSE DIRECTED AGAINST MROINEM, WHILE HE WAS DETAINED AT AN UNKNOWN 1r 76 a DETENTION FACILITY NEAR AMMARIA, IRAQ. 0;e 7. .PRELIMINARY INVESTIGATION REVEALED MR MIMIIIWAS TRANSPORTED TO AN UNKNOWN DETENTION FACILITY NEAR AMMARIA, IZ, WHERE TWO UNKNOWN U.S. SOLDIERS STOOD ON MR MEM. FEET, BACK, AND HEAD; POINTED A WEAPON TOWARD EIS HEAD; AND FORCED HIM TO DRINK URINE. EFFORTS ARE ON GOING TO LOCATE, FULLY IDENTIFY, AND INTERVIEW THE UNKNOWN U.S. SOLDIERS. INVESTIGATION CONTINUES BY USACIDC. 7. COMMANDERS ARE REMINDED OF THE PROVISIONS OF AR 600-8-2 PERTAINING TO SUSPENSION OF FAVORABLE PERSONNEL ACTIONS AND AR 380-67 FOR THE SUSPENSION OF SECURITY CLEARANCES OF PERSONS UNDER INVESTIGATION. 8. CID REPORTS ARE EXEMPT FROM AUTOMATIC TERMINATION OF PROTECTIVE MARKING IN ACCORDANCE WITH CHAPTER 3, AR 2S—S5. fe CA tr- v UNCLASSIFIED - FOR OFFICIAL USE ON r SEQ. 'CE NUM8EK---01313-04-CID285-80202 I ASSIGNED TO VICTIM/ OFFENSE -A ib6/. DATE Xrfroslt" if mows 1..1Sili l"V .i.;,-`7-.; ,...I., , -..: , b..-4,4-- ,, , :j.::: vt.,,,MktEglt.ze..,), . ,..'''X '.''''''' . . ':,,,.-''.. ''...:. .%. ,-.-.., ,..s.• ...A.' -'' 'N:,--',1,"-V,a'..r,.--•.--Ffe-'-`e 3.-1^.. -4;+--4 -... ' ,,, af! ' .-1-".-,,ii.,07:-: .-,;-:r..,..ArVA'''' voi),i ,:-..,-, .„s,-,., ,V,,j %t. f0,'i ..7'tr ''' . all'a.;1-PA-'1•;-.11i5A4-ht-.,-." ---4 tv+, 1611 .1! -:',-...^,-, Wc4l. •,,--',6,.,. - ;_1*.f,;.Agl...;V;-.P.:".,..:;:LiiriVer'4!:it,,f,;rtic..9.,..,..., ..l'• ' -'-^ , :s: -.... ..Lii....'' .7r if,..: .,!...t.e, i . .,,t" . L-. ' 1 Jun 04.Obtain Prison Records and Intern .'on R..of Mr.7 11FA 1 Jun 04.Determine what detention facdi.was resent at Ammaria, 12 1 Jun 04.Determine what unit manned the facili .digit% the incident 11111111111111SI Jun 04.Conduct canvass interviews of mannin unit 7fearCal1111111111 MINII I Jun 04.Determine who Iran.rted.BCCF. tletainin.soldier).. : IIMEJIIIIII1 1 Jun 04.Locate, Full.ID, and interview. 1 Jun 04.Locate, Full.ID, and interview unknown soldiers IIIIIIINIIIIIIN rmumin, IJun 04.Brief so ti ordn SIA IIIMIIIIIIII1 I 1 Jun 04.Brief action commander 1.1..... 1111111111111 111111111111111111111111.111.1111111.111111111111.111.11.111111.1111111.1111 IIIIIIIIIIIIIIIIIIIII Mlliiiii IIIIIII II I IIIIIIIIIMIII——--- MIIIIIIMIIMMIIIIIIIIIMWIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIMIIIIIIIII MEM 11111111111111111 IIIIIIIIIII MM. 1111111111111.1111 111111.1111111 _11.111111111111111 IIIIIIIIIIII MMIMIIIIMMIMIIMMIIIMMIMMIIIIIIIMIIIIIIII 1.11111111111 IIIIIIIIIIMIIII 11.111.1111 MINIM IIIIIIIIIIIIMI IMIIIIIIIIIII MM. MIMI I. MilimiliMilin=11..111111..1111=111=111..11111111111111111111111111111 11111.11111.111 1111111111111111111 11111111111111 T,Marr.:7"1... SEVI 11111MMIECOMPLETED ACTIONCOMPLETED ACTION FINAL EVIDENCE REVIEWINTI/AL, CIC REVIEW LNMAL SRO REVIEW 111111111111111111.111111111111111 FINAL CIC REVIEW 11111111110'..11111111111111111111111.11111111111111.1. % , FINAL SRO REVIEW .__. .,_ l. INVESTIGATIVE STANDARDS PKONE NUMBER , ACTIVITY/PERSON ;14ur5. e ,.• ,IPPit,.1;)5PosiTED.1 duty day duty days , - LA.p_ :14EA]t§#141-613T'."-.5 dutyays 1-Q duty days. • 'T.dtity days *WOFUL1141.? ACtIVITY s • Mbipti)./N .§LIB'4.F I NALS.duty days •1 duty. days '• •AJELI FINALS I ItINR;N"pyvt!C cal days.I AQf1-.i-0_4t.A104. (is -- FOR OFFICIAL USE ONLY UW tolltateall-NT SENSITIVE Numbed Ifi i 8-04- AGENTS ACTIVITY SAJNIGIRY cc'T'tx°1 C.LID2 5 9-802 2 (Cu Regulation igs-i) 0139-04-CID259-80202 TIH8, DAVI, AMP AZEUT 81344ARY OP 1117R8T/GATrn ACITWITT Jun 04 About 1600,.this 111/111.11.111=1111 rill office received Memorandum of Transmittal.0043- 1600, 1. BASIS FOR INVESTIGATION:.1 Jun 04,. (MOT). 04-CID789,. from the Prisoner Interview/Interrogation Team.75th Military Police Detachment,. (PIT),.Baghdad Central Confinement Facility.Iraq (BCCF), Abu Ghriab,. APO AE 09342,. regarding allegations of abused directedTFR ;1L against Mr National Detainee Reporting . System (NDRS) Number 411110ftwhile he was detained at an unknown detention facility near Ammaria,. Iraq. Jun 04 Drafted Initial Report.. for Review. 1630, 1. Assembled case file..To SAC ) zJA-7ok-i r5Ac_ Rilui -tLA): il aurfs.171-blocciLcAog) , 11111111D (.0/4",no-e €1:4141510 alAlp(ifk-TP. /1240/ 2 Gauc9,11)-(­ lei w Id sAid11.11. .... FOR OFFICIAL USE ONLY CID FOAM 28 piunIAM/ EireagaiocetfilbgagginviE BE 05RO UNTIL EXHAUSTED 1 Oct 80