Command Investigation (Camp Fallujah, Iraq, July 1-8, 2004): re: Two separate allegations of detainee abuse

UNITED STAVES MARINE CORPS
S? MARINE DIVrsION (REIN)
UIC oi2o
FPO AP 96426-0320

IN AMY AUER TO:

5830

sJA4111j1

AUG 2 9 7U4

SECOND ENDORSEMENT on b) ( 7 )(C ) v 5800/Invest dtd
16 Jul 04

From: Commanding General, 1st Marine Division (Rein)
To:F

Files

Subj: COMMAND INVESTIGATION INTO THE CIRCUMSTANCES SURROUNDING
MISCONDUCT AT THE REGIMENTAL DETAINMENT FACILITY FROM 1-8
JUL 04

1.
Reviewed and retained.

2.
The findings of fact, opinions, and recommendations of the
investigating officer, as modified and endorsed, are approved.
Further investigation by the Division RIAT is not warranted.

3.
It is imperative that all detention facility personnel
understand 1st Marine Division's standard operating procedures for
detention facilities as articulated in FragO 0175-04. I expect
senior leaders at the regimental detainment facility to provide
continuing education on the proper procedures for handling
detainees.

R. F. NATONSKT
Copy to:
ein)

File

U

[ USMC 1ST MARDIV (25) ]
6

UNITED STATES MARINE CORPS
REGIMENTAL COMBAT TRAM I (REIN), "ME
UIC40145
FPO AP 9642.64I45

IN IMPLY mum
583

SJ

Z Al!ii,

FIRST ENDORSEMENT on (k.1r7)(C) C. I. 5800 Invest of 16 Jul 04
Commanding Officer
To:U

From:U

Commanding General, lit Marine Division

COMMAND INVESTIGATION INTO THE CIRCUMSTANCES SURROUNDING
MISCONDUCT A2 THE REGIMENTAL DETAINMENT FACILITY (RDF) FROM 1-8 JUL 04

Sub):U

1.
Readdressed and forwarded.

2.
The investigating officer thoroughly investigated two separate incidents of
abuse at the RCT-1 ROT that allegedly occurred between 1-0 Jul 04. I concur
with the investigating officer that both allegations are unsubstantiated and
recommend that this matter be closed.

3.
In the first allegation,
alleged that he witnessed a ROE guard make a detainee perform pushups and squats
and that the same guard kicked sand and dust into the detainees eyes. After a
thorough reading of the investigation, I believe this allegation is unfounded.

4.• In the second allegation, detainee #0529 claims that a Marine pushed him

with the bottom of the Marine's foot, causing the detainee to topple forward

from his kneeling position. The Iraqi translator for TF 2/1 reports a similar
story. However, no Marine within the RD? can substantiate this allegation.

Accordingly, I believe that this allegation is not sufficiently founded and

conclude that it did not occur.

5.
I find no basis to believe that any of the guards at the Regimental
Detainment Facility physically or mentally abused any detainees or acted
unprofessionally toward detainees.

6.
has been relived of his duties and is being returned to COWS for
demo ilization because he has repeatedly disobeyed orders regarding improper

• detainees, accountabil'Uon and lack of leadership.
107:f0JUfor the reasons stated

relief was directed byU
a••ve and is completely unrelated to h s a legation o .detainee abuse.

ved. I have full faith and confidence in
CT-1 RDF, to operate and supervise our
e e ion acU

y.
8. Recommendation t3 is disapproved. The MP detachment is currently providing MSR security and convoy escort throughout RCT-1 AO and is unavailable to operate our RDF.
9. I recommend that you approve the findings of fact, opinions, and
recommendations, as endorsed.

(b)(7)(C)
Copy to:

File •

UNTIED STATES MARINE CORPS
REGIMENTAL COMBAT TEAM 1(R NI), MP
WC 40145
FPO AP 06426-1145

58 00
Invest
16 Jul 04

USMC
To: Commanding Officer, Regimental Combat Tear

From: 11111M11.1111111111111.1.11.11111/11120

SEW: COMMAND INVESTIGATION INTO THE CIRCUMSTANCES SURROUNDING MISCONDUCT AT THE
REGIMENTAL DETAINMENT FACILITY (RDF) FROM 1-8 JOLT 2004

JAG Manual

Ref: (a)U

Appointing ltr 5830 S-1 of

Enc]: (1)U

(2)
Interview ofUe . 528

(3)
Statement of 1)1 7,

(4)
statement of USMC

(5)
Statement of USMC

(6)
Statement ofUSMC

(7)
Statement of

(8)
Statement of It),7W:U

(9)
Statement of ;n 7o(;) UE

(10)
Statement of

(11)
Statement ofUSMC

(12)
-Character statement romUUSMC

(13)
Copy of medical records for detainee #0528

(14)
Copy of First Marine Division Detainee Handling and Detention
Facility SOP

(15)
Change 1 To rt Marine Di

(16)
Character statement from

(17)
Interview of Interprete

Preliminary Statement

1.
On 10 July 2(5b4, I was appointed as an Investigating Officer
by the Commanding Officer, Regimental Combat Team 1, to inquire into the facts
and circumstances relating to any misconduct at the Regimental Detention

2.
There were no difficulties encountered during the process of this
investigation and all individuals interviewed during this investigation were
forthright and fully cooperative.

Finding of Facts

1. That, Detainee #0528 was interrogated by_at approximately 1500
11111)

on 7 July 2004 at the RCT-1 Detention Facility. EncU

2.
That, Detainee #0528 stated that approximately two days ago, which would be 5 July 2004, he was kicked twice in the back by a guard. [Enc.' (2).(3)1

3.
That, Detainee 10528 stated that during the interrogation with
he was in line waiting to receive water and was made to squat andlookat e
ground. [End! (2))

Subj: COMMAND INVESTIGATION INTO THE CIRCUMSTANCES SURROUNDING MISCONDUCT AT THE
REGIMENTAL DETAINMENT FACILITY (RDF) FROM 1-8 JULY 2004

That, Detainee #0528 stated he was kicked twice and fell to ground on hia

4.

face and hands. [Encl. (2)3

10528 stated during an interview with the Investigating

5.
ThaU
Officer

, be was placed on his knee's in the processing area during

initial processing on 5 July 2004 while his hands were tied and blindfolded.

(Encl. 12))

That, Detainee 40528 states he was kicked in the back and he landed on his

6.

face in the dirt. (Enc). (2)1
7. That, Detainee #0528 stated while being interviewed byUhis was

the only incident that took place involving the detainee at the Detention
Facility. (End' (2))

8. ThatUhe interpreter states he witnessedIIIIIIIfrom the RDF put the
bottom Jrest on the back of detainee 60S28 and push him to the ground.
(Encl (In)

9. Thad...IdentifiedUat the RDF who put his foot on

PRI1111111111.

detainee 60528 and pushed m 0 e grouna. Encl MI)

10.
That, no personnel with the capturing unit, 2" LAR, or at the Regimental
Detention Facility has corroborated the alleged incident. (Encl 117)1

11.
That,1=1111perfarmed a pre interrogation screening of Detainee 00528 on 7 July 2004 and found no bruising or physical problems. (Enc/ (11),(13)]

12.
That Detainee *0528 stated that he had no problems at the time of the pre interrogation medical screening. (Encl (11),(13))

13.
That, a review of detainee 40528's medical record shows no bruising and or
signs of abuse. (Encl. (13)1

14.
That, Data , ,U4.: • uring interrogation with 0:; -fFand during interview with ( had two different versions of the alleged incident.

THC+

(Encl (1),(2)1

15.
That,Uthe senior Marine on duti, and present during the in brief
and process= -Q. e ainee *0328, states that no Detention Facility personnel
mistreated detainee 10528. (Encl. (5))

16.
That, f the Detention Facility was not aware of any
kicking incident until told by iter interrogation on 7 July 2004.
(Encl (2),(5))

17.
That. during the course of this investigation no Marine questioned at the
Detention Facility recalls anything significant about the night Detainee #0528
was brought in for processing and in fact saw nothing that would corroborate the
accusations. [Encl. (4),(5).(8),(7),(8),(8),(10),(11))

18.
That,Uon 20 June 2004 alleges that he witnessed
ordering a detainee to perform push-ups. (Encl. (6))

,
of the Marine in question. 11,1111111

19. That, .L)Uinformed t the incident, but did not inform hia
20.
That, 0;r:„1F

did nothing to stop the alleged incident. (Encl (6))

21.
That, ,T;CU

. on 27 June 2004 alleges that Detainee 0490 reported to him
that the Marine Guards made him do a lot of push-ups while tired. [Encl. WI

Subj: COMMAND INVESTIGATION INTO THE CIRCUMSTANCES SURROUNDING MISCONDUCT AT TRE
REGIMENTAL DETAINMENT FACILITY (RDF) FROM 1-8 JULY 2004

That,Millillon 21 June 2004 alleges that numerous Marine Guards ordered
22.
and squats, wove rocks from one location toa detainee to perfore push-ups, bend in the air while he ran around the grounds.
another, and hold a cinderblock
[Encl. (6)1

23.
That,1=11111did nothing to stop the alleged incident. (Encl. (6)1

24.
Thatill=1110n 3 July 2004 alleges that he witnessedrIMMaking
a detainee do push-ups and squats. (Encl (6)1

25. That, alleges that (. b )( 7)(C) kicked dirt in the detainees' head
four times. (Encl. (6))

That, confrontedIMMINibout the alleged incident and also
26.

informed Encl (6)1

27.
That,

confronted about one alleged incident on 3 July 2001 involvingUand MIS (Enc! (5))
and (b)(7)(C) concerning the alleged
28.
Thatillipliconfronted ap):7C!U

IncidentUy 004. (Encl. (5)1

29.
That,1=1111explained toUthat he was only instructing the

detainee on the use of proper comm!!!!!!!"owing him the commands for stand up
and sit down. (Encl. (5),(7)]

,U

• t,Fconfirmed '.te'7Cversion of the incident withplil
( ho was on post in the western tower of the compound. (Enol (S),(
31- That, 111 yho was also on duty in the detainees holding cells did -not .
see or hear any incident on 3 July 2004. (Encl. (9)1

32. That, (br71tC) . f the Detention Facility, had no knowledge of
any alleg n s a e ention facility. [End (4)1
33.
That, MIIIIMIMREIIMBcf the Detention Facility, submitted a
character statement concerning the reliability of y(Enc! (12))

-5.U
characterstatementregardin

34.
That,U 1111111outlines a

'"'"-4 P
_

history ojIM!!!!!!!!!!Pintegrity and that he has been re eve of his
duties for lapse in professional judgment.

35. That,Usubmitted a character statement concerning
the reliability ofU[Enol (16)1

36. That, during the course of this investigation no Marine questioned at the
' Facility can corroborate the version of alleged incidences made by (Encl. (4), (5),(6), (7) , (8),(9), (10),(11))
37.
That, upon arrival to the Detention Facility all detainees are briefed on
the rules for detainees contained in the Division Detainee Handling and
Detention Facility SOP. (Enol (14),(1511

38.
That, all guards are briefed on the Rules for Guards contained in the
Division Detainee Handling and Detention Facility SOP. [Encl. 1141,(I5)j

Opinions

3
Subj: COMMAND INVESTIGATION INTO THE CIRCUMSTANCES SURROUNDING MISCONDUCT AT THE
REGIMENTAL DETAINMENT FACILITY (RDF) FROM 1-8 JULY 2004

1. That, The Marine Guards working the morning of 5 July 2004 did not act

improperly or mistreat detainee t0528 during processing or at anytime during his
detention.U

[Fr (15), (16),(17)I

allegations are at a minimum over exaggerated and in the
worst-case scenario a falsified allegation. (FF (33.(34). (3 5),(36))

2.
That,U

3.
That no Marine Guard at the Detention Facility acted improperly or

mistreated any detainee's concerning this investigation. [IF (15).(17).(32(,
(32))

4. That, all Detention Facility Guards interviewed were forthright and their
body language and eye contact convinced this investigating officer that they
were being truthful during the interview process. /(17),(36))

Recommendations

be relieved of all duties at the Detention Facility and
replaced immediately in order to limit any further unsubstantiated allegations
and to avoid any confrontations with Detention Facility personnel.

1.
That, fon7:leiU

2.
b

(b)(5)
3. 0,51
03)(5)
4. That, tr8ihing is provided to all Detention Facility personnel in accordance
with FragO 0175-04 in regards to the 1' Marine Division detention procedures.
This will ensure that all guard force•reonnel are •ro rl trained.

(b)(7)(C)
UNITED STATES MARINE CORPS
REGIMENTAL COMBAT TEAM I (REM FMF
U1C418145
FPO AP 964264145

mmpormmemo
5930
S-1
10 Jul 04

From:U'n 0 f' er
To U 2102 US)

subj: COMMAND INVESTIGATION INTO THE ANY MISCONDUCT AT THE REGIMENTAL
DETAINMENT FACILITY (ROF1 FROM 1-8 JULY 2001.

(a) JAG Manual

Ref:U

1.
This appoints you, per chapter II of reference (a), to inquire into the
facts And circumstances surrounding any misconduct at the ROT between 1-8 July
2004.

2.
Your investigation will, iaw department of defense Instruction 6055.7,
paragraph e4.6, inquire into all facts and circumstances surrounding any
misconduct at the ROT and will obtain and preserve all available evidence for
use in litigation, claims, disciplinary actions, or adverse administrative
actions, as appropriate. Further, the investigation will include an assessment
as to any fault or negligence and make recommendations concerning corrective
measures and disciplinary actions, as appropriate.

Please turn in your
completed investigation NLT 21 JulU

3. This will be your primary duty until completion.U

Rou e all extension requests through the
Regimental Executive Officer. (b)(7)(C)Uill be your POC for guidance.

(b)(7)(C)
Enclosure (1)

Interview of Detaineel 0528, (b)(7)(C) taken on 9 July 2004:
• Detainee was brought to the detention facility early
morning of the 5th of July 2004.
Detainee states he was blindfolded and hands were tied

•
behind his back.

•
Detainee stated that he was put on his knees in the
processing holding area and that he -was kicked in the
back.

•
Detainee did not see who kicked him because he was
blindfolded.

•
Detainee states that when he was kicked he landed on
his face in the dirt.

•
Detainee stated that the kick was more like a push
with the bottom of the foot knocking him over.

•
Detainee states that he does not know the other
detainee's that were in the processing area that night
and can not corroborate his story.

•
Detainee stated that this was the only incident that
took place involving him at the Detention Facility.

(b)(7)(C)
Enclosure 12)