DOD Questionnaire: Questions for Officer on Detainee Treatment and Rules of Engagement

MI BN CDR/ BN S-3/ CO CDR/ 1SG
Date: 0
Rankinfiranch MI How Long' in Ob
Duty Position riOR
How Long in Country t y (/
Interviewer
(All) What is your overall role in detainee operation process? What involvement do
1.
you have in the interrogation process of detainee operations? Do you provide a means to validate detainee's information? Do you provide input as to the disposition of the detainee? (1.1, 1.2, 4.1) (FM 34-52 page 2-12 Battalion S2 Controls Interrogation employed for temporary period at battalion level receive PIR, IR, and SIR from the supported battalion S2. This will
ensure interrogators are fully oriented to the battalion's collection mission. In other instances, interrogators may be placed at brigade in an "on call" status, from which they can proceed to any of the subordinate battalions as circumstances warrant. Upon completion of a low-level, immediate-type interrogation, they can return to brigade and again become available for immediate employment. Commanders and S2s below brigade level who are unable to obtain interrogation support from higher
"tactical
echelons should include provisions in unit and staff standing operating procedures (SOPs) for the questioning" (not interrogation) of EPWs or detainees. They should identify assigned personnel for language capability. Interrogation personnel should provide training in the area of tactical questioning to designated S2 personnel. The potential for abuse of the EPW is greatest at the initial capture and tactical questioning phase. With the excitement and stress of the battlefield, it may become easy for unskilled personnel to resort to illegal techniques to elicit critical information. Instruction must stress the importance of the proper treatment of EPWs. Emphasize that the abuse of an EPW at the initial stage of contact often renders future interrogation futile. If you are engaged in, or supervising the tactical questioning of EPWs, you are responsible for ensuring that EPWs are treated in accordance with the requirement of
international and US law. Any tactical questioning conducted must be in response to the supported commander's PIR. At this level the brigade S2 must maintain secure communication with interrogation personnel to ensure requirements are answered. Except under extreme weather conditions, and MP availability, it is not necessary to keep EPWs within the confines of a building or other shelter at battalion level since they will not remain for more than a few hours before being evacuated. The capturing unit escorts or transports EPWs or detainees to the nearest collection point, and turns them over to the MP. Interrogators in DS of the brigade will screen and categorize all EPWs or detainees, question them, and report information obtained in response to brigade PIR, IR, and SIR. They will do this under time
constraints, -s all EPWs or detainees ust be evac ated wit •.It delay. I
4 tAl A I /01

Jra-ashirmarrAnzialwArnao
(All) What references/standards/publications/SOPs do you use to conduct
2.
AR 190-8, DoD Directive 5100.77, 1949 Geneva
interrogation Operations? (1.1, 1.2, 2.1, 4.1)
Convention, FM 34-52 Intelligence Interrogation, FM 3-19.40, These are the primary source for standards
and doctrine concerning Detainee Operations l.

4/or IAJUp2A4L ei,PM) -0 ARU GHAAtillY
3. (All) Did your soldiers undergo Level B Law of War training prior to deployment? Explain what training occurred. is there a plan to train new Soldiers (replacements) to
I 1950
DA IG
the unit? Did this training include the treatment of Detainees? Explain. (1.1, 1.2, 1.4, 4.1) (AR 350-1 para 4-14c. (2) and table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the
missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive 5100.77), All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial by pniper
authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of violence to
include public curiosity. (DoD Directive -5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and training so that the principles andrules of law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual's duties and responsibilities.)
) )1\) 5.{10t1 ‘r)
4. (All) What training have you received to ensure your knowledge of DO is IAW the provisions under the Geneva Convention? (1.1, 1.2, 1.3, 4.1) DoDD 2310.1 para 3-3.2 (The
U.S. Military Services shall be given the necessary training to ensure they have knowledge of their obligations under the Geneva Conventions (references (b) through (e)) and as required by DoD enemy personnel is possible.) AR 190-8, paragraph 4(b-c) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. All persons will be respected as human beings. They will be protected against all acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experipients. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence
5. (All) What Home Station/Mob Site Training did your unit conduct prior to deployment to help your unit prepare for Detainee/interrogation Operations? Describe it. How did the training prepare you to conduct Detainee/interrogation Operations for this deployment? How did this training distinguish between the different categories of Detainees (EPWs, RPs, Cis, etc.)? (1. /, 1.2, 1.4, 4.1) DoDD 2310.1 (The U.S. Military Services shall be given the necessary training to ensure they have knowledge of their obligations under
the Geneva Conventions (references (b) through (e)) and as required by DoD Directive 5100.77
(reference (f)) before an assignment to a foreign area where capture or detention of enemy personnel is possible.) (AR 350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive 5100.77), All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and training so that the principles and rules of law of
2 19511
DA IG
war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each indiyidual's duties and responsibilities.)
c/VS.
.
What training did your unit receive on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction
6. (All)
(DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments
(ROI)? (1.4, 4.1)
shall provide directives, publications, instructions, and training so that the principles and rules of law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual's duties and responsibilities.) ROE from CJCS ISO Iraqi operations
dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of
armed conflict and with these ROE." AR 190-8, paragraph 3- The following acts will not be permitted;
Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as
improper or intimate communications .r actions between U.S. Armed Forces personnel and EPW/RP. 4 i 1
il. A #E
fr A a.1'06 As _. e ' 1 i i. :di
0 i ' /
11.11MI ROWSAyrig
.4 AA i
A . A
.,,,.isrommitrailwArk
h IP ‘ inwirtgrii.L._,.hzdtworammA' woL v..

Arafir
(A11) What procedures are in place to ensure your Soldiers do not violate the rules of
19.40,
-
7. engagement for the interment facility/collection point? (1.1, 1.2, 1.4, 1.6, 4.1) FM 3
useof-force guidelines and the
-
paragraph 2-29, An MP commander ensures that soldiers understand
the use of force and ROE vary
ROE established by higher headquarters for each mission. Because
environment, the commander
depending on the category of housed personnel and the operational
security of force with
develops SOPs that follow the guidance provided. He balances the physical
ISO Iraqi operations
mission accomplishment and the protection of deployed forces. ROE from CJCS
are familiar with the law of
dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel
armed confl1Ct and with these ROE,"

rxim1 2.,64‘ pcNr-onte4 fr1otIC
(All) What guidance or policies are there to ensure fraternization is not taking place
8.
AR 190-8,
between U.S military personnel and the detainees? (1.1, 1.2, 1.4,1.6, 4.1)
EPW, RP and U.S.
paragraph 3-6 a, The following acts will not be permitted: (1) Fraternization between
military or civilian personnel. Fraternization is defined as improper or intimate communications or actions
8, para 6-10. Discipline and security:
-
between U.S. Armed Forces personnel and EWP/RP. AR 190
Measures needed to maintain discipline and security will be set up in each camp and rigidly enforced.
Offensive acts against discipline will be dealt with promptly. The camp commander will record disciplinary
punishments. The record will be open to inspection by the protecting power.
a. Prohibited acts.
Associations on close terms between the CI and U.S. military or civilian personnel.
(1)

Exchangettof gifts betwepn the Cl and U.S. military or civilian personnel.
(2)

A/11/¦/6' Py( {0 T
3
1952
DA IG
9. (All) How does the command ensure that interrogation Operations is conducted in
(OPORD/FRAGO, ROE, Interrogation
compliance with the international Law of war?
Techniques, general orders, humane treatment, etc) (1.1, 1,2, 4.1) AR 190-8, paragraph 1­
and joint Task Force Commander have the
4g. (Combatant Commanders, Task Force Commanders, ater
overall responsibility for the EPW, Cl, and RP program, operations, and contingency plans in the the
DoD Directive 2310.1 provides
of war. lly be
of operation involved to ensure compliance with international law handed over for
shall norma that persons captured or detained by the U S Military services
S Am Miliary Police, or to detainee collecting points or other holding facilities and
safekeeping to U ry t Military Police as soon as practical.) ROE from CJCS ISO Iraqi operations

by U S
installations operated
dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of
armed conflict and pith t ese Rq,E."
'Ail '
Have you personally visited each of the interrogation Facilities to determine if

10.(A11)
your unit has the necessary support and supplies to run their facilities? if so, what did
AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure

you find? (1.1, 1.2, 1.5, 4.1)
logistical support to include: transportation, subsistence, personal, organizational and NBC clothing and
equipment items, mail collection and distribution, laundry, and bath for DO. (FM 3-19.40, para 7-101, Supply functions in a confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from falling into the hands of
prisoners.)
A)
What control measures are you using to maintain discipline and security within

11 .(AII)
the interrogation facility? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-6 (Measures needed to maintain
discipline and security will be established in each camp/collection point and rigidly enforced. The camp commander will maintain records of disciplinary punishments. These records will be open to inspection by the protecting power. The following acts will not be permitted; Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EPW/RP. Donating or receiving gifts or engaging in any
commercial activity between persons in U.S. custody and U.S. personnel. Setting up of courts by
detainees. Disciplinary powers will not be delegated to or exercised by EPW/RP. Punishment will not be
administered by EPW/RP.)
12.(BN/C0 Cdr) Are you receiving sufficient information from the capture paperwork to
requirements for
Are the current
properly conduct screenings and interrogations?
Did the changes in
documentation of a captured person sufficient or excessive?
procedures as far as documenting captured person improve your ability to gather
4
DA IG
1953

intelligence? (1.1, 1.2, 2.2, 4.1) (No standard)
What are the procedures for the transfer of custody of Detainees from
13. (BN/CO Cdr)
the MP/Guard personnel to Military Intelligence personnel? When the detainee is
(what info is passed on to the
returned to the guard force, what procedures occur?
(1.1,1.2, 4.1)

Guard Force (type of reward?)...observation report, paper trail audit)
(FM 3-19-40, chapter 3/3-68) If a captive or his equipment or documents are removed from the receiving/Processing line, account for them on DD Form 2708 and DA Form 4137. 3-68. The site is located where screeners can observe captives as they are segregated and processed. It is shielded from
the direct view of captives and is far enough away that captives cannot overhear screeners'
conversations. The site has an operation, administrative, and interrogation area. The interrogation area
accommodates, a captive, a guard, and an interpreter as well as furniture. Lights are available for night

operations. Accountability procedures are implemented and required forms are available.)
14.(CO Cdr/Bn S3) Describe the screening /background checks required prior to hiring
interpreters. Are they trusted by U.S. Soldiers? (1.3, 1.7, 4.1) (FM 34-52 Intelligence Interrogation, FM 3-19.40, para 4-6, Request interpreters from MI, PSOP, allied forces, or local authorities
as necessary.)
§eRt e Nibk T,Ng1OLtpteAM oN
15. (AII) Do counterintelligence agents conduct interrogations of detainees? What training have they received for conducting interrogations? What is their understanding of the laws of war as it pertains to interrogating detainees? (1.1, 1.2, 1.5) (Counterintelligence
agents are not authorized to conduct interrogations unless trained on FM 34-52, FM 27-10)

NAZ. c_D cdkArt cf11)11)4
16.(A11) What do you perceive to be doctrinal shortcomings pertaining to Interrogation Operations? How would you fix/incorporate into updated doctrine/accomplish differently? How about Force Structure to ensure Interrogation Operations can be successfully accomplished? What are the shortcomings and how do we fix the problem
(1.1, 1.3, 1.5, 1.7, 4 1)
at the Army-level?
e . , i1i¦ I _ .1 .1.Ttd
,. {, 4
-i 1111WIFFLUMIPMF . ,

_AVitto6RISS
r11r9S 5b//f4e.--1 5
DA IG
1954i
dies? ( 1.1, 1.2,
U.S. custody
agait
17.(AII) What are the procedures if a detaineein committed by Of 4.1) AR
inal acts or war crimes
8, paragraph 3-3a (20): Report allegations of
190­
EPW/RP to the supporting element of the U.S. Army Criminal Investigation Command (USACIDC).
10 c: When an Deaths resulting from other than natural Causes will be investigated by USACIDC. Para 3 ­
hospital) commander or
(
RP in US custody dies, the attending medical officer furnish the camp or(1) Full name ofEPW or their custody before death, the following information:
other officer charged with death. (4) Statement that death was, or
(2)N of deceased. (3) Date, place, and cause of undetermined, the
ISN
deceased. own misconduct. (5) When the cause of death is
of the deceased'swas not, the r
oil me a statement to that effect. When the cause of death is finally
l
attending medical ak t be made as soon as possible. e. The attending medical officer and
ed, a supplemental report will

determin campcommander will c omplete a DA Form 2669-R (Certificate of Death). DA FOrm 2669-
comma
th appropriate 8 1/2 b 11-inch paper. The form is located at the back of this regulation.
e
will be reproduced ally n y as
locally to provide distribution
R on will be m
Army only. Enough copies of form center
of o de out if necessary. (3) Copy-The
This form is for the use (braanch),
-information center. (2) Copy-iformati
follows: (1) Original
Surgeon General. (4) Copy-EPW or RP personal file. (5) The proper civil authorities responsible for
recording deaths in the particular state if the EPW dies in the United States.
(Psychiatrist, Chaplain,
18. Do you know of the procedures to get stress counseling
(Psychiatrist,
Medical)? Do your Soldiers know of the procedures to get counseling
Chaplain, Medical)? (1.1, 1.2, 1.6, 2.1, 4.1) FM 3-19.40, paragraph 2-48: Personnel assigned
They are fully
or attached to I/R facilities are trained on the care and control of housed personnel. ons as they apply
cognizant of the provisions of the Geneva and UN Conventions and applicable regulati
to the treatment of housed personnel. A formal training program should include stress management
techniques. FM 8-51, Appendix D, D-2 f (3): Combat stress control units should provide routine mental
health consultation to EPW confinement facilities. This should include: stress control advice to the the stressors of US Army MP personnel and any allied or coalition personnel working
ted.
command regarding or prisoners when indica
the confinement facility; individual evaluation and intervention for guards ustified by
at is prohibited and is not j
AR 190-8, Paragraph 1-5, (4) The inhumane treatment of EPW, Cl, RPInhumane treatment is a serious and punishable _violation
the stress of combat or with deep provocation.
international law and the Uniform Code of Military Justice (UCMJ).
under 12-' I.A .nr6
Are you aware of your requirement to report abuse or suspected abuse of
19. (All)
AR 190-40 para 2-1, Military and civilian personnel assigned to or
detainees? (1.1, 1.2, 4.1)
accompanying a DoD Component know that they shall report reportable incidents through their chain of
command and that such reports also may also be made through other channels, such as the military
B, Category 1 Rpolice, a judge advocate, or an Inspector General.) AR 190-40, Appendix
incidents involving the following: b. War crimes, including
1. Actual or alleged B-2. Any
-
Serious Incidents, B Conventions, and atrocities.
mistreatment of enemy prisoners of war, violations of the Geneva the nature,
of immediate concern to HODA based on
other incident the commander determines to be
gravity, potential for adverse publicity, or potential consequences of the incident.
6
1955;
DA IG
148s(vio,fp Ly

procedures if they observe or become
20. (All) Do your subordinates know the reporting
40, Appendix B, Category 1
aware of a Detainee being abused? (1.2, 1.6, 4.1) (AR 190-b. War crimes,Reportarious cnts, B-1. Actual or alleged incidents involving the following:
In
ide enemy prisoners of war, violations of the Geneva Conventions, and atrocities. including Se
g mistreat ment of
B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the
nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40,
Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the
following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to
include escape from confinement or custody, disturbances which require the use of force, wounding or
serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander
determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or
a.
potential consequences of the incident. AR 190-8, 5-1. General protection policy—civilian internee,
Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This
provision does not constitute a prohibition against the use of minimum force necessary to effect
directed by these regulations. (2) In all circumstances, the CIcompliance with measures authorized or
will be treated with respect for their person, their honor, their family rights, their religious convictions and
practices, and their manners and customs. At all times the CI will be humanely treated and protected
against all acts of violence or threats and insults and public curiosity. In all official cases they will be
entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected
against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such
as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same
consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR
190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be
reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting
instructions in AR 190-40 will be used.)
21.(AII) What steps would you take if a subordinate reported to you an incident of ' (AR 190-40, Appendix B, Category 1 Reportable Serious
alleged Detainee abuse? (1.2, 4.1)
b. War crimes, including mistreatment
Incidents, B-1. Actual or alleged incidents involving the following: of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences
a. Treatment. (1) No form of
of the incident. AR 190-8, 5-1. General protection policy—civilian internee, aphysical torture or moral coercion will be exercised against the Cl. This provision does not constitute prohibition against the use of minimum force necessary to effect compliance with measures authorized or
directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person.
and practices, and their manners and customs. their honor, their family rights, their religious convictions
protected against all acts of violence or threats and
At all times the Cl will be humanely treated and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed
7
19561
DA IG
by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of
(4) The CI will be treated with the same consideration and without adverse distinction indecent assault.
based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH
DC 2031Q-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
22. (All) Do you feel you can freely report an incident of alleged Detainee abuse outside
(AR 190-40, Appendix B, Category 1 Reportable Serious
Command channels (IG, CID) (1.6, 4.1)
b. War crimes, including mistreatment
Incidents, B-1. Actual or alleged incidents involving the following: of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C. Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy—civilian internee, a Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed
by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction
based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
5
23. (All) What procedures do you have to report suspected detainee abuse (IG, CID, (AR 190-40, Appendix B, Category 1 Reportable Serious
Next Level Commander) (1.2, 1.6, 4.1)
b. War crimes, including mistreatment
Incidents, B-1. Actual or alleged incidents involving the following:
of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident
the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential
for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2,

g. Incidents
Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following:
involving prisoners or detainees of Army confinement or correctional facilities to include escape from
confinement or custody, disturbances which require the use of force, wounding or serious injury to a
prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of

to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences
concern
of the incident. AR 190-8, 5-1. General protection policy—civilian internee, a. Treatment. (1) No form of Cl. This provision does not constitute a
physical torture or moral coercion will be exercised against the
{
8
1 9 57;
DA IG
prohibition against the use of minimum force necessary to effect compliance with measures authorized or
directed by these regulations. (2) In all circumstances, the Cl will be treated with respect for their person,
their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA,(DAMO-ODL), WASH DC 20310-0400 a Serious Incident Re ort. Reporting instructions in AR 190-40 will be used.)
Cje./DJ.ifky{/,c"
24. (All) What procedures are in place for Detainees to report alleged abuse? (1.2, 1.6, 4.1) AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1) Appeals. The CI who are interned for imperative security reasons will be accorded the right to appeal the order directing their internment. Such appeals will be decided with the least possible delay by a board of officers. Appeals will be decided only on the grounds of the existence or nonexistence of imperative security reasons requiring the internment of the protected person. 6-4. Internee Committee a. Election. At each camp and branch camp, CI will be elected by secret written ballot to the Internee Committee. This committee is empowered to represent the camp to the protecting powers; International Committee of the Red Cross, or other authorized relief or aid organizations and U.S. military authorities. e. Duties. (3) (c)
The presentation and transmittal of petitions and complaints to the appropriate authorities in proportion to the kind of labor performed. 6-9. Complaints and requests to camp commanders and protecting power,
a. Persons may make complaints or requests to the camp commander, who will try to resolve the complaints and answer the requests. If the CI are not satisfied with the way the commander handles a complaint or request, they may submit it in writing, through channels, to HQDA, ODCSOPS (DAMO -9DL) NPWIC, WASH DC 20310-0400. b . Persons exercising the right to complain to the protecting power about their treatment and camp may do so—(1) By mail. (2) In person to the visiting representatives of the protecting power. (3) Through their Internee Committee. c. Written complaints to the protecting power will be forwarded promptly through HQDA (DAMO - ODL) NPWIC, WASH DC 20310-0400. A separate letter with the comments of the camp commander will be included. Military endorsements will not be placed on any CI communications. d. If a protecting power communicates with a CI camp commander about any matter requiring an answer, the communication and commander's reply will be forwarded to HQDA (DAMO-ODL) NPWIC, WASH DC 203'10-0400, for proper action. e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40
wit iqe used.

C.W5
25. What do you perceive as the mission of your unit? Describe the importance of your role in that mission. (Insight to the Soldier's understanding and attitude concerning unit
mission and their role) AR 600-20 Command Policy 2-1. Chain of Command a. The chain of command assists commanders at all levels to achieve their primary function of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command
9
DA IG
•
19581
facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the
t Commanders delegate sufficient authority to soldiers in the chain of
nterpretation. b.
least chance of misi
command to accomplish their assigned duties, and commanders ma hold these soldiers resionsible foL
1114
S —
their actions.
_ :forat
26. Describe your working environment and living conditions since being in Theater.
10-
(1.2, 1.3, 1.4, 1.5, 1.6, 1.7) FM
(Identify physical and psychological impact on Soldier's attitude).
1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical level will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field to prepre or heat meals and supplemnts. An improved
e
kitchen. This provides a limited capability a ll forward on the containerized capability for providing responsive laundry and shower support we battlefield must be developed. Frontline soldiers require brief respites from the rigors associated with
combat. A facilitycomplex (F orce rovider) will be available in which they can shower, clean their clothes,
P
onmentally controlled shelter.
eat hot meals, and rest in an envir
_Cd 76 ) TAA1T-5 ,{w4.civ{ir
AV' bb 1
/34A
27. Describe the unit command climate and Soldier morale. Has it changed or evolved
(Identifies Soldier's perception of the chain of command
since you have been in Theater?
and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the Command cares? Are
AR 600-20 • 13 May 2002 1-5. Command, b. Elements of command.
they. getting clear guidance?) 1
c. The commander is responsible for establishing leadership climate of the unit and developing disciplined
and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets

the tone for social and duty relationships within the command. (1) Commanders and other leaders
committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their
soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers'

needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a
positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a sense of
duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility
from their superiors. Soldiers, leader and led alike, work together to accomplish the mission rather ,tha9

eav,0 y /11-N1 -.AM-Ar
feed their self-interest.. 1bJA 6 /1 77144.A r , -t?1Af t. 144-11 -{el)
1140111fr rj..?111146iviT
1/1) t4 -
Alas l_Afr
113 I Al (Wel hie-0 MR' 611/ 1N ES
AR 190-8, 1-
28. Are you aware of any incidences of detainee or other abuse in your unit?
U.S. policy, relative to the treatment of EPW, CI and RP in the custody of5. General protection policy a.
as .0 1.ows: (1) All persons captured, detained, interned, or otherwise held in
the U.S. Armed Forces, is f and treatment

course of conflict will be given humanitarian care
U.S. Armed Forces custody during the
rom the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons
t the protections of the GPW until sortie other legal
ake into custody by U.S. forces will be provided with
•
10
19591

DA IG
status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered IAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for
d and is not justifie by the stress
is prohibite
_
ti
nd punishable violators underCourts Martial. (4) The inhumane treatment of EPW, CI,
RsP a serious a of combat or with deep provocation. Inhumane treatment i b. All prisoners will receive humane
inierr1atialat law and tne Uniform code of military Justice (UCMJ). fPollOWin9
religion, poNcal opinion, sex, or other Criteria ,
sry
of hostages, asensory murder, torture, corporal punishment, mutilatio andtreatment without regard to race, nationality, , the taking
and all
authority,acts are prohibited: trial by propen r
acts
deprivation, collective punishments, execution without
be respected as human beings. They will be protected against all persons will
degradingg treatment. c. All rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury,
of violence to include

and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not
exclusive. EPW/RP are to be protectedfrom all threats or acts of violence. d. Photographing, filming, and

Facility oradministration or
RP for other than internal Internment
video taping of individual EPW, Cl and fr wide area
intelligence/counterintelligence purposes is strictly prohibited. No, ry Po

poved by the senior Milita
ap r
onal humanitarianof EPW, Cl and RP or facilities will be taken unless nte ati
A neutral state or an i
e.
organization, such as the 1CRC, may be designated by the U.S. Government as a Protecting Power (PP)

humane treatment as required by the Geneva
to monitor whether protected persons are receiving agreements, will be
any special a
Conventions. The text of the Geneva Convention, its annexes, and an WO

posted in each camp in the language of the EPW, Cl and RP. Al
ADVISEMENT OF RIGHTS (For military personnel)
No person subject to this chaper may compel any person to
t to incriminate him. b. No
The text of Article 31 provides as follows a.
incriminat himself or nuestions the answer to which may tend
any ql this to answer a
e chapter may interrogate or request any statement from an accused or a person
ising him that
the accusaon and adv
person su bject to suspected and
ature of which he is accused or
suspected of an offense without first informing him the ,
the nense of
he does not have to make any statement regarding t off

used as evidence against him in a trial by court-martial. c. No person subject to r el any person to make a statement or produce evidence before
that any statement made by him may be
may comp

chapter evidece is not material to the issue and may tend to degrade him.
or
u this t s n violation of this article, or through the use of coercion,any military any person ind. No statement obtained from ment
dunlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-
martial. (1.2, 1 .6)
(grade, if any, and name), a member of the (DAIG). I am part of a I am ctin detainee operations, this is not a criminal investigation. I am
t suspect
team .nope g spec causes co
reading you your rights because of a statement you offense, ei.
sfy
___________- (
that you may have committed you have the right to
aggravated assault, assault, murder). Under Article 31, y
at

remain silent, that is, say nothing all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other
nsult
proceedings. You have the right ton
luclicial or administrative t military civilian
counsel free of charge. In addition to military counsel, you are entitled to
11
19601
-DA IG

counsel of your own choosing, at your own expense. You may request a lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you want a
lawyer? (If the answer is yes, cease all questions at this point). Are you willing to
answer questions?
29.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard)

30.
Describe Soldier morale, feelings and emotional state prior to and after these

incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, retaliation, preemption, family crisis)
31. Was this incident reported to the chain of command? How, when & what was done? What would you have done? (Identifies compliance, procedure, timeliness, Soldier perception of action taken and effect on unit morale.) (1.2, 1.6) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy—civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and proteCted against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR
190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting
instructions in AR 190-40 will be used.)
19 611
12
DA IG
32.
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard)

33.
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle

fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NGOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders; staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health personnel. )
LoAl 5A /° - I") 4404, .v.
,r
34. What measures are in place to boost morale or to relieve stress? (Identifies perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control
.them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commanders responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; geNral, principal, andspecial staff, and by specialized Army CSC units and mental health personnel. {in 14)k, -grAAP4NR/I
19 62i
13

DA IG
35. What measures could the command enact to improve the morale and command
climate of your unit? (Identifies
perceived solution.) FM 22-103, Leadership and Command at
Senior Levels, 21 Jun 1987, p. 6, - "Leadership. The process of influencing others to accomplish the
mission by providing purpose, direction, and motivation." AR 600-100, Army Leadership, 17 Sep 1993, p.
8, 1987- "Senior-level leadership is the art of direct and indirect influence and the skill of creating the
conditions for sustained organizational success to achieve the desired result. But, above all, it is the art of
taking a vision of what must be done, communicating it in a way that the intent is clearly understood, and
then being tough enough to ensure its execution."

1. 0 gL-1144 1I( 14 " 3 4°
, . C_1•
ti /110 Ai' Mr 5 ILOIL--4S btiPze nllny.
p\issiA 4/1/ E -2, 0N6
irefA4 -0) sif 6efigaitp .rAge-verkicifyi
14
19631

DA IG
DOD-021673