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

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INTERVIEW QUESTIONS -

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Can you tell me what sources that you use to get policy, doctrine and
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standards for Detainee Operations? (What doctrine was used in setting up the collection point?) Describe the basic principles of detainee operations and
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a...1, NA,L... how you are applying them. (1.1, 4.1) (AR 190-8, DoD Directive 5100.77, 1949 Geneva WA-1 Convention, FM 3-19.40 I/R Operations FM 3-19.4 MP Commander's Handbook are the 0 10"--*1 basic/primary sources for doctrine and standards.)
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2. How did you, prepare yourself and your junior leaders/Soldiers to understand applicable regulations, OPORD/FRAGO, directives, international laws and administrative procedures to operate a collection Point? (1.1, 1.2, 1.4, 1.6, 4.1).
(AR 350-1 paragraph 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. FM 3-19.40, paragraph 2-2, Commanders are
familiar with applicable regulation, directives, international laws, and administrative procedures. 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. 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."
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How did Home Station/Mob Site Training prepare you to conduct Detainee G erte.Ja_ perations? (Did this include Law of War and treatment of Detainees , r„ s ,..„, training.)? (1.1, 1.2, 1.3, 1.4, 4.1) DoDD 2310.1 (The U.S. Military Services shall be 1.v-11 \Un-) •
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 coa42. 0C (reference (f)) before an assignment to a foreign area where capture or detention of enemy oziocw c-V, personnel is possible.) AR 350-1 para 4-14 c (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
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personnel commensurate with the missions of the unit. AR 190-8 para 1-5 (4) (C), DOD Directive p1Q0.77, 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. (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 officdrs, 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 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.)
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4. Describe the training the guard force received to prepare them for their duties.
(1.1, 1.2, 1.4, 4.1) (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. 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."
.How does your unit conduct sustainment training for Detainee Operations or
'training for newly assigned personnel? (How often does this occur and please describe it?) Whpp did your unit last conduct this training? (1.1, 1.2, 1.4, 4.1)
AR 350-1 training annually on Law of War. No requirement for refresher training .
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6. What control measures do you use to maintain detainee discipline and security in the collection point? (1.1, 1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 2.1, 3.1, 4.1) 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
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behavior are all measures that enhance effective security and control. AR 190-8, paragraph 3-6, Measures need to maintain disciple and security will be established in each camp and rigidly ­enforced. The camp commander will maintain records of disciplinary punishments. These records will be open to inspections by the Protecting Power. 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.) AR 190-8, para 6-10, 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.
What are the procedures for the transfer of Detainees from the collection
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points to US Military controlled detention facilities? How is the transfer of Detainees handled between coalition forces/host nation? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-11 AR 190-8, paragraph 1-4g(5), (Commanders will establish guidance for the use,
transport, and evacuation of detainees in logistical support channels.)
What transportation problems do you experience moving detainees during the
8. operation? (1.5) FM 3-19.40 para 3-54 Captives should not remain at the central CP more than 24 hours before being evacuated to the CHA FM 3-19.40, paragraph 3-45 Captives should not remain at the forward CP more than 12 hours before being escorted to the central CP. When they have been processed and are ready for evacuation, MP leaders - Report the status to the BSA TOC and the PM (through MP channels). Request transportation, rations, and water from
the FSB Supply Officer (US Army) (S4). Ensure that receipts are ready for signature. Ensure that property is properly.tagged and given to escort guards
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9. What is the number of personnel that is needed to move prisoners internally and externally (i.e. to the internment facility, from the BN Collection Points, for -medical, evacuation, etc.)? (1.1, 1.7) FM 3-19.40, para 4-34, A transfer may be a result of reclassification or another situation requiring the movement of an EPW. Transfer an EPW from
one facility to another under conditions that are comparable to those for a member of the US armed forces when possible. SeCurity measures are determined by MP and are influenced by the type of EPW being transferred, the mode of transportation used, and other pertinent conditions. AR 190-47, 11-3.b.(4), 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 circumstances, prisoners will have one guard per two prisoners, and in minimum custody circumstances there will be one guard per five prisoners. FM 3-19.40 para 3-45 Captives should not remain at the forward CP more than 12 hours before being escorted to the central CP. When they have been processed and are ready for evacuation, MP leaders - Report the status to the BSA TOC and the PM (through MP channels). Request transportation, rations, and water from the FSB Supply Officer (US Army) (S4). Ensure that receipts are ready for signature. Ensure that property is properly tagged and given to escort guards (FM 3-19.4 Chapter 7 Para 7.8, The number of MP needed to operate a division forward collecting point is based on the number and rate of captives
expected and the METT-TC.
10. What personnel shortages do you have? What issues, if any, do you feel your
unit has regarding manning or personnel resourcing in conducting Detention Operations? (1.7, 2.1, 3.1) (FM 3-19.4 Chapter 7 Para 7.8, The number of MP needed to operate a division forward collecting point is based on the number and rate of captives expected and the METT-TC.
11. What procedures do you have in place to ensure Soldiers and leaders understand the use of force and rules of engagement for the interment facility /collection point? (1.1, 1.2, 1.4, 1.6, 4.1) FM 3-19.40, paragraph 2-29, An MP commander ensures that soldiers understand use-of-force guidelines and the ROE established by higher
headquarters for each mission. Because the use of force and ROE vary depending on the category of housed personnel and the operational environment, the commander develops SOPs that follow the guidance provided. He balances the physical security of force with mission accomplishment and the protection of deployed forces. ROE from CJCS ISO Iraqi operations
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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."
What are the procedures for the interrogation/questioning of Detainees? 1 .1, 1.2, 4.1) AR 190-8, paragraph 2-1d, (The use of physical or mental torture or any coercion to compel prisoners to provide information is prohibited. Detainees may voluntarily cooperate with PSYOP personnel in the development, evaluation, or dissemination of PSYOP messages or products. Detainees may not be threatened, insulted, or exposed to unpleasant or disparate treatment of any kind because of their refusal to answer questions. Intelligence or counterintelligence personnel will normally perform Interrogations.)
hat are the unit's procedures for the interrogation/questioning of Detainees? (1 .1, 1.2, 4.1) AR 190-8, paragraph 2-1d, (The use of physical or mental torture or any coercion to compel prisoners to provide information is prohibited. Detainees may voluntarily
cooperate with PSYOP personnel in the development, evaluation, or dissemination of PSYOP
messages or products. Detainees may not be threatened, insulted, or exposed to unpleasant or
disparate treatment of any kind because of their refusal to answer questions. Intelligence or
counterintelligence personnel will normally perform Interrogations.)

8 hat are the procedures for the transfer of custody of Detainees from the
/Guard personnel to Military Intelligence personnel? When the detainee is returned to the guard force, what procedures occur? (what info is passed on to the Guard Force (type of reward?)?...Observation report, paper trail audit) (1.1, 1.2, 1.7, 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 internment. * Maintain controlled access to confiscated and impounded property.
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2. What control measures do you use to maintain discipline and security in the
(1.1, 1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 2.1, 3.1, 4.1) 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 measures that enhance effective security and control. 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 recor4 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.) AR 190-8, para 6-10, 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.
What MP units (guards, escort, detachments) do you have at your disposal
o operate and maintain this internment facility or collecting points? Do you have any shortages? How do these shortages impact your mission? What non-MP units are you using to help operate this facility/collecting point? Do you have any shortages? How do these shortages impact your mission? (1.1, 1.2, 1.3, 1.7, 2.1, 3.1) FM 3-19.40, Appendix D, Table d-1 HHC MP Battalion (I/R) (EPW/Cl/DC) Provide C2,
administrative, and logistic support to operate an I/R facility. Is capable of interning and supporting 4,000 EPWs and CIs or 8,000 DCs. MP Company (guard) is capable of securing 500 US military prisoners, 2,000EPWs, 2,000 Cls, or 4,000 DCs in an I/R facility, MP company (escort guard) provides supervision and security for evacuating and moving EPWs, CIs, DCs, US military prisoners, and other detained persons via vehicles, trains, planes, and road marches.
hat do you perceive to be doctrinal shortcomings pertaining to Detainee
perations and how would you fix/incorporate into updated doctrine/accomplish differently? How about Force Structure to ensure Detainee Operations can be successfully accomplished? What are the shortcomings and how do we fix the problem at the Army-level? (1.1, 1.3, 1.5, 1.7, 4.1)
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DOD-037898