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

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1. How did prepare you and your Soldiers to become familiar with and

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GUARD FORCE (NCO)
COLLECTION POINT & INTERNMENT FACILITY
SENSING SESSION QUESTIONS

understand the applicable regulations, OPORD/FRAGOs directives, international laws and administrative procedures to operate an IIR facility or Collection Point?
(1. 1, 12, 1.4, 1.6, 4. 1) AR 350-1 para 4-14 c (2) and table G-1 Refresher training, dated 9 April 2003), Level B training is condutted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. FM 3-19.40, paragraph 2-2, Commanders are familiar with applicable regulation, directives, international laws, and administrative procedures. ) ROE from CJCS ISO Iraqi operations daled 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE." .
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2. Did you and all of your Soldiers undergo Law of War training prior to deployment? Explain what training occurred. What is your plan to train new Soldiers (replacements) to 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 thalthe 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 pf war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each in ividual's duties and responsibilities.)
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3. What policies/procedures does your unit have in place to support the U~S. policy relative to the humane treatment of Detainees? (1.1, 1.2,4.1) AR 190-8, paragraph 1-5
a-g, (All persons detained, captured, interned, or otherwise held in U S Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the

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hands of U S forces until final release and repatriation. All persons taken into custody by U S forces will be provided with the protection of the GPW until some other legal status is determined by competent authority.)
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4. Does your unit have a formal training program for the care and control of Detainees? Describe what it includes. (For Permanent Internment Facilities only) (1.1, 1.2, 1.4) (FM 3-19.40, para 2-48. Personnel assigned or attached to IIR facilities are trained on the care and control of housed personnel. They are fully cognizant qf the provisions of the
Geneva and UN Conventions and applicable regulations as they apply to the treatment of housed personnel. A formal training program should include-* Principles and laws of land warfare, specifically provisions of Geneva and UN Conventions and HN laws and customs. * Supervisory and human relations techniques. * Me.thods of self-defense. "The use of force, the ROE, and the ROI. "Firearms qualification and familiarization. "Public relations, particularly CONUS operations. ·First aid. ·Stress management techniques. "FaCility regulations and SOPs. *Intelligence and counterintelligence techniques.· Cultural customs and habits of internees. "The basic language of internees. FM '3-19.40 para 2-49. The guard force should receive additional training in-"Riot control measures, control agents, and dispersers. *QRF actions. ·Searching techniques, inctuding the use of electronic detection devices. "Nonlethal equipment and weapons.
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6. What procedures do you have in place to ensure Soldiers understand the use of force and rules of engagement for the interment facility/collection point? What guidance or policies do you have to ensure fraternization is not taking place between

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7. Describe the training the guard force received to prepare them for their duties (555 & T») How does your unit conduct sustainment training for Detainee Operations . in Theater? How often does this occur and please describe it? When did your unit last conduct this training? (1.1, 1.2,1.4,4.1) (FM 3-19.40, para 2-48.·Personnel assigned or attached to I/R facilities are trained on the care and control of housed personnel. They are fully cognizant of the provisions of the Geneva and UN Conventions and applicable regulations as they apply to the treatment of housed personnel. A formal training program should include-.. Principles and laws of land warfare. specifically prOVisions of Geneva and UN Conventions and HN laws and customs. * Supervisory and human relations techniques. .. Methods of self-defense. "The use of force, the. ROE, and the ROI. *Firearms qUplification and familiarization. *Public relations, particularly CONUS operations. "First aid. *Stress management techniques.*Facility regulations and SOPs. ·'ntelligence and counterintelligence techniques ... Cultural customs and habits of interriees. "The basic language of internees. FM 3-19.40 para 2-49. The guard force should receive additional training in-*Riot control measures, control agents, and dispersers. *QRF actions. *Searching techniques, including the use of electronic detection devices. *Nonlethal equipment and weapons.
The guard force should receive additional training in-• Riot control measures, control agents, and dispersers. ·QRF actions.• Searching techniques, including the use of electronic detection devices .
• Nonlethal equipment and weapons.
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8. What Home Station/Mob Site Training did your unit conduct prior to deployment to help your unit prepare for Detainee Operations? Describe it. How did the training prepare you to conduct Detainee Operations for this deployment? What are your
unit's strengths and weaknesses? How did this training distinguish between the
different categories of Detainees (EPWs,RPs, Cis, etc . .)? (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
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9.
Describe the training you received during your last Military Institutional Sc~ool (BNCOC/ANCOC) in handling/processing Detainees. How was it helpful in preparing you for Detainee Operations? How would you improve the training at the schoolhouse? (1.1, 1.4)

10.
What are some of the basic operations of the collection point/internment facility? Is there a copy of the Geneva Convention posted in the detainee's home language within these camps? Are camps segregating Detainees by nationality, language, rank, and sex? How are captured Medical personnel and Chaplains being used in the camps? What provisions are in place for the receipt and distribution of Detainee correspondence/mail? Are the daily food rations sufficient in quantity or quality and variety to keep detainees in good health? Are personal hygiene items and needed clothing being supplied to the Detainees? Are the conditions within the camp sanitary enough to ensure a clean and healthy environment free from disease and epidemics? Is there an infirmary located within the camp? (1.1, 1.2, 4.1) AR 190-8. paragraph 1-5 a-g. (All

persons detained. captured, intemed, or otherwise held in U S Armed Forces custody during the
course of conflict will be given humanitarian care and treatment from the moment they fall into the
hands of U S forces until final release and repatriation. All persons taken into custody by U S forces
will be provided with the protection of the GPW until some other legal status is determined by
competent authority.) AR 190-8. paragraph 3-4. AR 190-8 para 3-4.b ...females will be separated
from males. AR 190-8, 1-5, 9 (1) EPW, and RP will enjoy latitude in the exercise of their religious
practices, including attendance at service of their faith, on condition that they comply with .the·
. disciplinary routine prescribed by the military authorities. (2) Military chaplains who fall into the hands of the U.S. and who remain or are retained to assist EPW, and RP, will be allowed to minister to EPW, RP. of the same religion Para 6-6, g: (1) Hygiene and sanitation measures will conform to those prescribed in AR 40-5 and related regulations. (2) A detailed sanitary order meeting the specific needs of each CI camp or branch camp will be published by the CI camp commander. Copies will be reproduced in a language that the CI understands and will be posted in each compound. (3) Each CI
will be provided with sanitary supplies, service,and facilHies necessary for their personal cteanliness
and sanitation. Separate sanitary facilities will be provided for each sex. (4) All CI will have at their
disposal, day and night, latrine facilities conforming to sanitary rules of the Army.
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11.What control measures are your unit using to maintain discipline and security in the collection point/internment 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 powe~s will not be delegated to or exercised by EPW/RP. Puni.shment will not be administered by EPW/RP.)

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12. What procedures are in place to account for and dispose of captured enemy supplies and equipment? What procedures are in place to process personnel, equipment, and evidence?(1.1, 1.2,4.1)) AR 190-8, para 2-1, a. (1) (b) (c), All equipment,
documents, and personal property confiscation during the search must be tagged and
administratively accounted for by the capturing unit. DO Form 2745, Part C is attached to the
property confiscated from the Detainee, so that it may later be matched to that Detainee. AR 190-8,
paragraph 1-4g(3), (Commanders will collect and dispose of captured enemy supplies and equipment·
through theater logistiCS and EOD channels.)

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13.What is your ratio of guards to detainees in yo'ur col/ection pointlinternment
facility? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? Why are their shortfalls? How do th.ese shortfalls impact your
mission? (1.1, 1.2, 1.3, 2.1, 3.1, 4.1) FM 3-19.40, paragraphs 3-36 thru 3-39 .. A brigade
without an MP platoon in OS sets up and operates its own forward CPs The number of MP teams needed to 'operate a forward CP is based on the number of captives expected and METT·TC. The
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projected number of captives is based on mission analysis and intelligence estimates conducted by the brigade Intelligence Officer (US Army) (S2). Division forward CPs are mobile; they can be set.up, expanded, and relocated quickly as the tactical situation warrants. AR 190-47,paragrpah 11-3(4)(a),
Guard requirements for prisoners being transported outside an ACS facility, by means of foot, motor
vehicle, or aircraft (other than AIREVAC or U.S. Marshals Service aircraft) are as follows:
(a)
Trained correctional, military police or security personnel: Under maximum custody circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per five prisoners. In minimum custody circumstances there will be one guard per ten prisoners. Trustee guards will be determined by the ACS facility commander. . .

(b)
Non-correctional personnel: It is required that at least one guard be a SGT or above who is equal or senior to prisoners in a pretrial status. Under maximum custody circumstances, prisoners will have two guards per prisoner. In medium custody . . . be;; ~3 .

14. How are you organized to handle the different categories of personnel (EPW, CI, 00, females, juveniles and refugees)? Do you maintain a separate site for sick or
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A ~,~nd safeguarding of Detainees there? (1.1, 1.2, 1.3, 2.1, 3.1) FM 3-19.40, paragraph 2­
~. 1, An MP battalion commander tasked with operating an I/R facility is also the facility commander. As
\~ such, he is responsible for the safety and well-being of all personnel housed within the facility. Since .. t(./ . an MP unit may be tasked to handle different categories if personnel (EPW, CI, 00 refuges, and US 0\ f.j military prisoner), the commander, the cadre, and support personnel must be aware of the
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15. What is the number of personnel needed to escort prisoners internally and externally? (Le. for medical, evacuation, etc.)? (1.1, 1.7) (FM 3-19.4 Chapter 7 Para i.8, The number of MP needed to operate a division forward collecting point is based on the number and rate of captives expected and the MEn-Te. ) AR 190-47,pCiragrpah 11-3(4){a), Guard requirements
for prisoners being transported outside an ACS facility, by means of foot, motor vehicle, or aircraft (other than AIREVAC or U.S. MarshalS Service aircraft) are as follows:
(a)
Trained correctional, military police or security personnel: Under maximum custody circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per five prisoners. IIi minimum custody circumstances there will be one guard per ten prisoners. Trustee guards will be determined by the ACS facility commander.

(b)
Non-correctional personnel: It is required that at least one guard be a SGT or above who is equal

16. What are the procedures for transporting and evacuating detainees? What are tha procedures for transferring Detainees from the collection points to US Military controlled detention facilities? How is the transfer of Detainees handled between different services? (1.1, 1.2,4.1) AR 190-8, paragraph 3-11 (General. d. Transfer within the territory of the detaining power will always be carried out humanely and in conditions no less
favorable than those enjoyed by the troops of the detaining power during their movements. If
EPW/RP are transferred on foot, only those who are
fit to walk may be so transferred. The EPW/RP will not be exposed to excessive fatigue during
transfer by foot.

e. The sick, wounded, or infirm EPW and RP as well as maternity cases will be evacuated through
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military medical channels and will remain in medical channels until they are certified "fit for normal intemmenr by competent medical authorities.

f.
Necessary clothing, adequate shelter, and medical attention will be made available.

g.
Suitable precautions will be taken to prevent EPW and RP, from escaping and to ensure their

safety. Wounded and sick EPW and RP will not be transferred as long as their recovery may be . endangered by the journey, unless their safety demands it.
h. The EPW and RP will be permitted to take with them their personal effects and property. The weight of their baggage may be limited if the conditions of transfer so reqUire, but in no case will it be limited to less than 55 pounds per EPW/RP. The personal property that the EPW and RP are unable to carry will be forwarded sej}ara::y.
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17.What are the procedures for the transfer of custody of Detainees from the collection pOintS/internment facility to Military Intelligence/OGA personnel? When the detainee is returned to the guard force, what procedures occur with the detainee? (in processing, medical screening, suicide watch, observation report DD Form 27131, etc) (1.1, 1.2,4.1) FM 3-19.40 para 3-14. Property Accountability. *Have MI sign for
property on DA Form 4137 and for captives on DD Form 2708. "Return confiscated property to supply after it is cleared by MI teams. Items kept by MI because of intelligence value are forwarded through MI channels. * Evacuate retained items with the captive when he moves to the next level of intemment. ...,.tJIaintain cOntrolled .access to ;onf!scated and impounded property
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18.What MP units (guards, escort, detachments) do you have at your disposal to operate and maintain this collection point/internment facility? What non-MP units are you using to help operate this collection point/ihternment facility? If you do not use MP teams, what forces are required to operate the Collection Point (guard,

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19. Describe how this unit is able to maintain the security and safeguarding of Detainees at this interment facility/collection point. Describe your secuiity requirements. (What.are your clear zones? How do your Guard Towers permit an unobstructed view of the clear zone and how do they allow for overlapping fields of fire? Describe your perimeter security. (1.1,1.2,1.8,2.1) FM3-19.40,paragraph2-1,An MP battalion commander tasked with operating an IIR facility is also the facility commander. As such,
he is responsible for the safety and well being of all personnel housed within the facility_ Since an MP unit may be tasked to handle different categories if personnel (EPW, CI, 00 refuges, and US military prisoner), the commander,_ the cadre, and support personnel must be aware of the requirements for

20. How do you maintain a high state ofdiscipline with your Soldiers to enhance the internal and external security of the internment facility/Col/ection Point? (1.1, 1.2, 1.6) FM 3-19.40, paragraph 2-19, The MP commander establishes security measures that effectively control housed personnel with minimal use of force .... _ The physical construction of the facility and
the presence of guard personnel create the most obvious means of providing internal and external security. Maintaining a high state of discipline, a system of routines, and required standards of behavior are all rT).easures that enhance effective security and control.
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21.00es this facility include Sally Ports? Describe the system in place. (1.8, 4.1)
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23. Describe the latrine facilities for Detainees' use (do they have access t9 it day and night and does it conform to the rules of hygiene and do females have separate facilities). How are they cleaned and how often and by whom? Where do they bathe and conduct other personal hygiene (this will depend how long it takes to evacuate Detainees to U.S. Military Controlled Detention Facilities-12J24 hours is the standar9)? (1.1, 1.2, 1.8)) AR 190-8 para 3-4.i.(1) paraphrased ...EPWs will have day/night
access to latrines that are clean. Females will have separate latrines. AR 190-8 para 6-6.g.(4) paraphra~ed...A11 CI.will have access to day/night latrines that are sanitary~ 1 .
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24. How do the Detainees receive fresh water (Bottled water or Lister bag)? (1.1, 1.2, . 1.8)) AR 190-8,. paragraph 3-4 f(3) Sufficient drinking water will be SUllies to EPW/R?. .
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25.Can you give some examples of contraband? What are the procedures when you find contraband?? (i.e •., Knives, Narcotics, weapons, currencY)AR 190-8 and local SOP.

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26. Describe your lighting systems at the Facility/Collection Point (how does it affect
security). How about heating during the winter? What fire prevention/safety ­measures are in place? (1.8) AR 190-8, paragraph 3-4 e, EPW/RP will be quartered under

conditions as favorable as those for the force of detaining power billeted in the same area. The conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health. The forgoing shall apply in particular to the dormitories of EPW/RP as it regards both total surface and minimum cubic space and the general installation of bedding and blankets. Quarters fumished to EPW/RP must be protected from dampness. must be adequately lit
, and heated (particularly between dusk and lights-out), and must have adequate precautions taken against the dangers of fire. FM 3-19.40 para 4-103 " ... minimize escapes by examining the lighting system during darkness to detect poorly lighted areas along the perimeter (replace burned out or broken light bulbs immediately" FM 3-19.40 para 2-37 The engineer officer is responsible fer the maintenance of utilities (Le. heat). AR 190-8 para 3-17(a) A safety program for EPW/RP will be setup and administered in each camp. AR 190-8 para 3-17(a) A safety program for CI will established and
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27. How are Detainee complaints and requests to the camp commander processed? (1.1, 1.2,4.1) AR 190-8, paragraph 3-16 (EPW and RP have the right to make complaints and , requests to camp commanders and the JCRC/protecting powers regarding the conditions of their internment. EPW and RP may not be punished for making complaints, even if those complaints later prove unfounded. Complaints will be received in confidence, as they might endanger the safety of
other detainees. Appropriate action, including segregation, will be taken to protect detainees when necessary. This policy also applies to persons who are confined pending trial or as a result of a trial.
b. EPW and RP may take complaints or requests to the camp commander.
c . Persons exercising the right to complain to the ICRG or protecting power about their treatment and camp may do so: '

(1)
By mail.

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( 2) In person to the visiting representatives 'of the JCRC or protecting power.
(3)
Through their detainee representative.'

d.
Written complaints to the protecting power will be forwarded promptly through HQOA, OOCSOPS (DAMO-OOL) NPWIC. A separate letter with the camp commander's comments will be included. Military endorsements will not be placed on a detainee's communication.

e.
If an ICRC/protecting power communicates directly with an EPW/CI camp commander about any

matter requiring an answer, the communication and commander's reply will be forwarded to HQOA,
ODCSOPS (DAMO-OOL) NPWIC, for proper action.

f. Any act or allegation of inhumane treatment will be investigated and, if substantiated, reported to HQOA as a Serious Incident Report (SIR) per AR 190-40. Once completed, a copy of the SIR accompanies the prisoner to the EPW/CI camp, and a copy is furnished to the monitoring Branch PWIC. All available pertinent information that the EPW or RP is willing to give, will be entered on the
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28. What are your shortcomings/problems in feeding the population? What is the
menu of the population? (1.1, 1.2, 1.8, 4.1) (FM 3-19.40, paragraph 6-14. If dining facilities don't exist, then Detainees are to be ·fed MREs.)

29. What problems, if any, do you feel the unit has regarding manning or personnel resourcing in conducting Detention Operations? What about the number of personnel to control the det~fltjonoperatjon in regards to riot control? (1.1, 1.7, 2.1) .
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30. What personal equipment is the unit experiencing as ashortfall concerning

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32. What transportation problems is the unit experiencing to moye detainees during
the op~ration? (1.5, 2. 1) fA. flY, .,14(.. "1'~sl....J... 'tAt..."";.r

33. What safety programs/policies are currently being used in the Detainee camps? (1.1, 1.2, 4. I) AR 190-8, paragraph 3·17 (A safety program for EPW and RP will be set up and administered in each EPW camp. Army regulations, circulars, and pamphlets in the 385-series may be used as guides for establishing an EPW and RP safety program. Accident injury forms used in the EPW and RP safety programs will be prepared, administered, and maintained separately from. those prepared for other persons included under the Army Safety Program.) AR 190-8 para 3-17(a} A safety program for CI will established and administered lAW AR 385-10.
34. Do you know of the procedures to get stress counseling (Psychiatrist, Chaplain, Medical)? Do your Soldiers know of the procedures to get counseling (Psychiatrist, Chaplain, Medical)? (1.1, 1.2, 1.6, 2.1, 4.1) FM 3-19.40, paragraph 2-48:
Personnel aSSigned or attached to I/R facilities are trained on the care and control of housed
. personnel. They are fully cognizant of the provisions of the Geneva and UN Conventions and applicable regulations as they apply to the.treatment of housed personnel. A formal training program should include stress management techniques. FM 8-51, Appendix 0, 0-2 f (3): Combat stress control units should provide routinefnent~1 health consultation to EPW confinement facilities. This should include: stress control advice to the command regarding the stressors of US Army MP personnel and any allied or coalition personnel working at the confinement facility; individual
. evaluation andinterverition forguards or prison~rs when indicated. AR 190-8, Paragraph 1-5, (4)The . inhumane treatment ofEPW, Ct, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violatioIJ under international law and the Unijorm C~eof Militaoy Justice (UCMJ). .L. ..,j
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35. Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 1.6,4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or 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 police, a judge advocate, or an Inspector GeneraL) 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.
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36. Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1, Military and
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civilian personnel assigned to or accompanying a 000 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 police, a judge advocate, or an Inspector General. AR

190-40. Appendix 8, Category 1Reportable 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 atroci~ies. 8-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential com~equences 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 det;:linees 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 190­8, 5-1. General protection policy--civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. 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 a/l 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:.a, para 6-9, e. Any act or allegation of inhumane treatment or other violations of th,is regulation will be reported to HQDA (DAMO-OOL), WASH DC 20310-0400 as a Serious Incident Report. eporting instructions in AR 190-40 will be used.)
37. What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2, 1.6,4.1) (AR ,190-40, Appendix B, Category 1 Reportable Serious Incidents, 8-1. 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 offorce, 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 HQOA 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 CI. 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
C\ 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 aI/ acts of violence, insults, public curiosity, bodily injury, reprisals
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000-021831

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 HQOA (OAMO-QDL), WASH DC 20310-0400 as
a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
((1 ct...-~·
38. Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.1, 1.2, 1.6,4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, ' including mistreatmentof enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concem 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. Actualor 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 ofconcern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR190~8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. 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 o will be treated with respect for their person, their honor, their family rights, their reljgious convictions and practices, and their manners and customs. Atall 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 tria" 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 diStincti! based on race, religion, political opinion, sex !J /
''f-U) Lmt ,J(A: -~~7r ~t;;t\.4..;'" •
39. What procedures do you have to report suspected detaine~ abuse (IG, CIO, Next Level Commander) (1.1, 1.2, 1.6,4.1) (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. 8-2.
Any other incident the commander determines to be of immediate concem 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
1 21211 14 I
DAIG j
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 polic~ivilian internee,
a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This
provision does not constitute aprohibition 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 thejr 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 offiGial cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI
will be especially protected against aI/ 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 bl:!sed 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 (DAMD-DOL), WASH DC 20310-0400 as
a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)

40. What systems are in place for detainees to report alleged abuse? (1.1, 1.2, 1.6, 4.1) AR 190-8, para 5-1, g. Appeals and pe~iodic 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, lriternational 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,
throug.h channels, to HQOA, DOCSOPS (DAMO -DOL) 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 -DOL) 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-DOL) NPWIC, WASH DC 20310-0400, 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 will be used.

15 DAIG
000-021833
41. 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 facilitates the tran"smittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these soldiers responsible for th . actions._--r-_-r-_____--'''-'---=-_-:"'J'_-:--r--I'­

£;;... ~') ~ ~/ c.;R~ ~~ dW (ttitV 7J jA.4' ~~,~./ J-i(
42. Describe your working environment and living conditions since bE!'fng in Theater. (Identify physical and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4, 1.5, 1.6, 1.7) FM 10-1; Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tacticfllievel 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 kitchen. This provides a limited capabjJity to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support well forward on the battlefield must be developed. Frontline soldiers require brief respites from the rigors associated with combat. A facility complex (Force Provider) will be available in which they can shower, clean their clothes, eat hot meals, and (est in an enviro,nmentally controlled shelter. __

43. Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? (Identifies Soldier'S perception of the chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the
Command cares? Are they getting clear guidance?) 1 AR 600-20' 13 May 2002 1-5. Command, b. Elements of command. 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 exercise9 and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army eth!c 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,

16 DAIG­
44. Please provide by show of hands if you aware of any incidences of detainee or other abuse in your unit? (Those that raise their hands, need to be noted and interviewed individually afterwards using the ABUSE QUESTIONAIRE) AR 190-8, 1-5. General protection policya. U.S. policy, relative to the t(eatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the . moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other tegal 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 lAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) 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 intemationallaw and the Uniform Code of Military Justice (UCMJ). b. 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. c. 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 experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence. d. Photographing, filming, and video taping of individual EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility cOmmander'S chain of command. e. A neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text
of the Geneva Convention, its annexes, and any special agreements"will be posted in each camp in the language of the EPW, CI and RP. ____________-_______

17 DAIG