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THE TORTURE PAPERS: THE ROAD TO ABU GHRAIB |
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Appendix A: References
Appendix B: Acting Secretary of the Army Directive for Assessment of Detainee Operations 10 February 2004 DEPARTMENT OF THE ARMY February 10, 2004 MEMORANDUM FOR THE INSPECTOR GENERAL SUBJECT: Directive for Assessment of Detainee Operations You are hereby directed to establish an Assessment Team to complete a Functional Analysis of the Department's internment, enemy prisoner of war, and detention policies, practices, and procedures as the Army executes its role as DOD Executive Agent for Enemy Prisoners of War and Detention Program. When conducting this assessment, the following terms of reference apply. Use all potential Doctrine, Operations, Training, Materiel, Leadership, Personnel, and Facilities (DOTMLPF) approaches to identify any capability shortfalls with respect to internment, enemy prisoner of war, detention operations, and interrogation procedures and recommend appropriate resolutions or changes if required. The assessment will focus on the following objectives: a. Assess the adequacy of DOTMLPF of Army Forces for internment, enemy prisoner of war, detention operations, and interrogation procedures. b. Determine the standards for Army Forces charged with internment, enemy prisoner of war, detention operations and interrogation procedures (e.g., size, equipment, standardization, and training). c. Assess current and future organizations and structures for Army Forces responsible for internment, enemy prisoner of war, detention operations and interrogation procedures. d. Identify and recommend any changes in policy related to internment, enemy prisoner of war, detention operations and interrogation procedures. You are authorized to task the Army Staff and subordinate headquarters for those resources needed to ensure accomplishment of the detainee operations assessment. You are further authorized access to locations, documents, and personnel across the Army in order to complete your assessment. Coordinate with other Services for assistance, documentation, and information that may assist in completing this assessment. You will provide me with a report at the conclusion of the assessment. This assessment is exempt for the HQDA Short Notice Tasking Policy Message, dated 031353Z Jan 01, requiring units to be notified 180 days from execution of tasking and the HQDA memorandum dated January 27, 2004, subject: Travel [Restriction] to Iraq, Afghanistan, Kuwait and Qatar which requires my approval to travel to these countries. R.L. Brownlee Appendix C: Locations Visited February 2004 (CONUS) JRTC MRX (39th Separate Brigade) (Pre-Inspection) March 2004 (Afghanistan) Bagram (CJTF 180 and 237th MP BN) March-April 2004 (Iraq) Baghdad (CJTF 7, Camp Cropper, Camp Slayer, 1st AD Division Collecting March-April 2004 (Kuwait) Camp Doha (CFLCC) March-April 2004 (CONUS) Fort Dix (310th MP BN and 320th MP BN; at two different times) June 2004 (CONUS) Fort Leonard Wood (MP School) Appendix D: Inspection Tools 1. INTERVIEW QUESTIONS: a. C-4/J-4/G-4 1). Concerning logistical operations, what is your role in the support of (Theater/Division) Detainee Operations? 2). Describe priority of support for Detainee Operations. How does this compete with your other mission requirements? Is the Priority of Support in SOPs, OPORDs/FRAGOs? 3). Describe how subordinate units plan and procure logistical support for Detainee Operations. (Include: transportation, sundry items, subsistence, organizational, and NBC clothing and equipment items, mail collection and distribution, laundry, and bath equipment) Have you ever coordinated for transportation to evacuate Detainees out of the AOR? Who approved the transfer? 4). What are some of the services being contracted out/outsourced to support Detainee Operations in Theater? Are there any issues concerning contracting or budget that you are aware of that impact Detainee Operations? If so, what are they? Who oversees the contracts that support Detainee Operations and where can we find out who the Army Representatives are (CORs)? 5). Are you aware of any Home Station Training that subordinate Combat Service Support units conducted prior to deployment to help them prepare for Detainee Operations? (To include collection point activities, etc) Can you describe it? 6). Have you had the opportunity to personally visit each of the Internment Facilities to determine if units have the necessary support and supplies to run their facilities? If so, what did you find? How about division and brigade Collection Points? 7). What are your challenges/issues in providing daily food rations in sufficient quantity, quality and variety to keep Detainees in good health and IAW with their cultural requirements? What is the schedule for feeding and what are they being fed? Please elaborate. 8). How do Detainees receive fresh potable water in your area of responsibility? (Bottled water, Lister bags, running water--if so, is it potable) 9). What procedures are in place to account for and dispose of captured enemy supplies and equipment? 10). What are your biggest issues concerning adequate facilities for Detainees (tents, cots, etc)? 11). What are your biggest issues concerning logistical support for Detainee Operations? 12). What do you perceive to be doctrinal logistic shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine/accomplish differently? How about Force Structure of logistical units that ensures Detainee Operations can be successfully accomplished? What are the shortcomings and how do we fix at the Army-level? 13). Are you aware of your requirement to report abuse or suspected abuse of detainees? 14). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 15). Describe your working environment and living conditions since being in Theater. 16). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater 17). Are you aware of any incidences of detainee or other abuse in your unit? 18). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 19). I am _______ (grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 20). Describe what you understand happened leading up to and during the incident(s) of abuse. 21). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 22). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 23). How could the incident have been prevented? 24). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 25). What measures are in place to boost morale or to relieve stress? 26). What measures could the command enact to improve the morale and command climate of your unit? b. PROVOST MARSHAL 1). What references/standards/publications/SOPs do you use to conduct Detainee Operations? 2). What is the C2 structure/organization of internment facilities across Theater? How many internment facilities under U.S. Military Control, do you oversee? How many divisional Central Collection Points? How about Brigade Forward Collection Points? What MP units in Theater operate internment facilities and where are they positioned? (Battalion and Above) Describe the essential organizational requirements to run an internment facility. (Organizational Elements, Manning, Facilities, Equipment) Do you have what you need to accomplish the mission? If not, explain? 3). How do you ensure the units operating these locations/facilities are complying with the provisions of the Geneva Convention and AR 190-8? 4). Are detainees being employed to work? What are the General policy and procedures for the Employment and Compensation of Detainees? 5). Is there a policy on the ratio of guards to Detainees in Theater? If so, what is it? Is this standard being met? If not, what is the shortfall and how are units meeting the challenge to overcome the shortfall? 6). What is your detainee segregation policy? ((EPWs, Females, Juveniles, Civilian Internees (to include those that are security threats, those that are hostile to coalition forces, and possible HTD/HVD, and Retained Persons, Criminals, etc.)) What can you tell me about the categories of Detainees that you are holding? What are they and what are the definitions of the different categories that your organizations detain? How are you organized to handle the different categories of Detainees (EPW, CI, HVD, OD, and refugees?) 7). What is the minimum living space standard for each Detainee? How is it determined and who set the provisions of minimum living space for internment facilities? (when possible, consult the preventative medicine authority in theater for provisions of minimum living space and sanitary facilities). Has a preventative medicine expert given advice on this? 8). Do you use Military Working Dogs (MWD) within internment facilities? 9). How does the command ensure that Detainee Operations is conducted is in compliance with the international Law of war? (OPORD/FRAGO, ROE, Interrogation Techniques, general orders, humane treatment, etc) 10). What is the current policy to grant conditional access to the International Red Cross/Crescent to Detainees? Has this always been the policy? Are they the only NGOs that have conditional access? If not, who are the other organizations? 11). What is your responsibility to the National Detainee Reporting Center (NDRC)? What is your relationship with the Theater Detainee Reporting Center (TDRC)? To the best of your knowledge, when were these centers stood up? Describe the Detainee Reporting System? (Software used, Data Base Management, Data Validation, Contingencies, Security and Privacy, etc.) Who has access? 12). What are the policies and procedures for US Forces transferring detainees to other Coalition Forces/Host Nation Forces? Has this been done? 13). What are the procedures that allow other United States Government Agencies (OGA) access and control to Detainees for the purpose of interrogations? What is the process for transfer and accountability of the Detainee? Does the commander of each internment facility have approval authority to transfer to OGAs? How much notice do they have to provide the chain of command for access or request for transfer? Do the same procedures apply when Military Intelligence personnel request access and control? 14). Describe the screening /background checks required prior to hiring interpreters. Are they trusted by U.S. Soldiers? 15). What are your biggest issues concerning adequate facilities for Detainees? 16). Since you have been in your position, what Detention facilities/locations have you visited and inspected for compliance with law, policy, and regulations? What were the results and findings? Can we get copies of your results? 17). What procedures are in place when a detainee in U S custody dies? 18). What do you perceive to be doctrinal Military Police shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine/accomplish differently? How does your doctrinal law enforcement mission suffer? How about Force Structure of Military Police units that ensures Detainee Operations can be successfully accomplished? What are the shortcomings and how do we fix at the Army-level? 19). Are you aware of your requirement to report abuse or suspected abuse of detainees? 20). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 21). Describe your working environment and living conditions since being in Theater. 22). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater 23). Are you aware of any incidences of detainee or other abuse in your unit? 24). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial 25). I am _______ (grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 26). Describe what you understand happened leading up to and during the incident(s) of abuse. 27). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 28). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 29). How could the incident have been prevented? 30). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 31). What measures are in place to boost morale or to relieve stress? 32). What measures could the command enact to improve the morale and command climate of your unit? c. RED CROSS 1). Which US Military Controlled Internment Facilities have you visited? What did you find? 2). Have you visited any Collection Points in US Army areas? Which ones and what did you find? 3). How often are the US Army collection points/internment facilities inspected? What is the make-up of the team? (Prev Med, Doctors, Psychiatrists/Psychologists, etc) What, specifically do you inspect? What do you do with the results of the inspections? Are the appropriate commanders taking the necessary actions to correct the shortcomings noted during your monthly medical inspections? Have you observed any recurring deficiencies during your inspections? Have you noted improvements and if so, what are the improvements? In what areas can we make improvements and what are those? 4). How often do you or your staff conduct routine medical inspections (examinations) of detainees under US Military control? What does the medical evaluation consist of? What is the purpose of the medical examination? How are the results recorded/reported? 5). Does every US Military Controlled Internment Facility have an infirmary? How adequate is the medical care to the detainees? (Are Retained Persons used?) Do you know of any detainees being denied medical treatment or delayed medical attention? If so, why? 6). Do detainees at US Military Controlled Internment Facilities have access to personal hygiene products? 7). Have you noticed any markings and/or injuries on a detainee at a US Military Controlled Internment Facility that might lead you to believe the detainee was being abused? Did you bring this to the attention of the Facility Commander? Do you know what he did with the information? 8). Are detainees in US Military Controlled Internment Facilities segregated by nationality, language, rank, and sex? Do detainees have the ability to practice their religion? Are detainees able to send and receive mail? 9). Can you describe the living conditions at US Military Controlled Internment Facilities? (Sanitary conditions, heat during the winter, shelter for rain, fire prevention measures, latrines, sleep areas, etc) 10). How do the detainees get fresh water? What kind of meals are they being fed? Do they get enough food? 11). Overall, how do you feel detainees are being treated at US Military Controlled Internment Facilities? What systemic weaknesses have you identified? d. SJA 1). What specific measures has the commander/unit taken to ensure compliance with the Law of War regarding detainee operations? Individual training events? When? Collective/unit training events? When? 2). What is the minimum standard of treatment that the US must provide any detainee? What policies/procedures do units have in place to support the U. S. General Protection policy relative to the treatment of Detainees in the custody of the US forces? 3). What specific measures did the unit take prior to arrival in the AOR to ensure that subordinate leaders and soldiers know and understand how to treat, handle, and process detainees properly? Do leaders and Soldiers know and understand how to apply Detainee Operations doctrine and standards when they arrive in the AOR? Can you provide some examples. 4). How is the issue of classification of detainees being handled? Are any Article 5 tribunals being held or is there a presumption that the insurgents clearly do not meet the Article 4 GC III EPW criteria (commanded by a person responsible for his subordinates, wearing fixed distinctive sign, carrying arms openly, conducting operations in accordance with the laws of war)? 5). Did units receive training on the reporting of Detainee abuse? When did this training occur last and how often is it conducted by the units? Are units reporting Detainee abuse? What is happening to individuals who abuse Detainees? How many cases of detainee abuse have you heard of and or processed since you have been in country? At what point in the detention process are most of the abuses occurring? (point of capture, initial collection point, by guards at internment facility, by interrogators) 6). What control measures are units using to maintain detainee discipline and security in each internment facility/collection point? 7). What are the procedures you follow if you personally notice or if it is reported to you that a detainee is injured and you suspect the detainee has been abused? What training has the unit received regarding reporting procedures for detainee abuse? 8). What are the procedures if a detainee in U.S. custody dies? 9). What are the Theater guidelines for any EPW, CI, and RP claims against the U.S. Government? 10). (Internment facility Judge Advocate only) What is the procedure if an EPW or detainee wants to make a complaint or requests to the camp commander regarding conditions of their internment? How are Detainees complaints and requests to the camp commander processed? 11). Have any detainees refused repatriation? If so, what happened to them? 12). What happens when a detainee is suspected of, or is known to have committed a serious offense while they are being interned at either the collection point or detention facility? Describe the due process available to detainees and rights of the detainee suspected of committing a serious offense. Have you or any Staff Judge Advocate provided legal advice to a detainee who might have committed an offense? 13). What is your feeling on how Detainees are being treated? What do you feel is the primary focus/purpose of detainee operations. (force protection, punishment, rehabilitation, protection, merely a regulatory/legal requirement) No standard. Personnel observations and feelings. 14). What AARs or lessons learned have you written or received regarding detainee operations? Can I get a copy? 15). What do you perceive to be doctrinal legal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine/accomplish differently? How about Force Structure of Staff Judge Advocate to ensure Detainee Operations can be successfully accomplished? What are the shortcomings and how do we fix the problem at the Army- level? 16). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 17). Describe your working environment and living conditions since being in Theater. 18). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 19). Are you aware of any incidences of detainee or other abuse in your unit? 20). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 21). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 22). Describe what you understand happened leading up to and during the incident(s) of abuse. 23). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 24). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 25). How could the incident have been prevented? 26). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 27). What measures are in place to boost morale or to relieve stress? 28). What measures could the command enact to improve the morale and command climate of your unit? e. STAFF ENGINEER (DIVISION & ABOVE) 1). Describe facilities' infrastructure overall that support Detainee Operations. (Sewer, water distribution, storm drainage, electrical distribution, HVAC systems, and lighting, etc.) What are the problems concerning existing facilities and what is being done to fix? 2). What program is in place in Theater that allows for the maintenance and repair of facilities that house Detainees and their supporting facilities? 3). Are the Corps of Engineers involved in any facility upgrades/improvements in Theater for Detainees? If so, what are some ongoing projects? Can I get a list by Project Number? Who is your POC in USACE? What do you know of the Engineer Corps’ Theater Construction Management System (TCSM). Were you aware that they have plans, specifications, and materiel requirements for Internment Facilities based on Detainee population? 4). Do you have any knowledge as to why U.S. Forces chose existing facilities rather than to use the Theater Construction Management System (TCSM) and build facilities elsewhere? (How and why were facilities picked as Long Term Detention Facilities?) 5). What is your role in determining provisions of minimum living space for Detention Facilities across the AOR? (when possible, consult the preventative medicine authority in theater for provisions of minimum living space and sanitary facilities). What is the minimum living space standard for each Detainee? Has a preventative medicine expert given advice on this? 6). Do engineer officers train and supervise internal and external labor for Detention Facilities? (construction and repair of detention facilities)? If so, describe the work ((construction, maintenance, repair, and operation of utilities (water, electricity, heat, and sanitation.)) 7). Are you aware of your requirement to report abuse or suspected abuse of detainees? 8). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 9). Describe your working environment and living conditions since being in Theater. 10). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 11). Are you aware of any incidences of detainee or other abuse in your unit? 12). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 13). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 14). Describe what you understand happened leading up to and during the incident(s) of abuse. 15). Describe Soldier morale, feelings and emotional state prior to and after these incidents 16). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 17). How could the incident have been prevented? 18). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 19). What measures are in place to boost morale or to relieve stress? 20). What measures could the command enact to improve the morale and command climate of your unit? f. MI BDE/BN CDR/S-3/CO CDR/1SG 1). (All) What is your overall role in detainee operation process? What involvement do 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? 2). (All) What references/standards/publications/SOPs do you use to conduct interrogation Operations? 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 the unit? Did this training include the treatment of Detainees? Explain. 4). (All) What training have you received to ensure your knowledge of DO is IAW the provisions under the Geneva Convention? 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.)? 6). (All) 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 (ROI)? 7). (All) What procedures are in place to ensure your Soldiers do not violate the rules of engagement for the interment facility/collection point? 8). (All) What guidance or policies are there to ensure fraternization is not taking place between U.S. military personnel and the detainees? 9). (All) How does the command ensure that interrogation Operations is conducted in compliance with the international Law of war? (OPORD/FRAGO, ROE, Interrogation Techniques, general orders, humane treatment, etc) 10). (All) Have you personally visited each of the interrogation Facilities to determine if your unit has the necessary support and supplies to run their facilities? If so, what did you find? 11). (All) What control measures are you using to maintain discipline and security within the interrogation facility? 12). (BN/CO Cdr) Are you receiving sufficient information from the capture paperwork to properly conduct screenings and interrogations? Are the current requirements for documentation of a captured person sufficient or excessive? Did the changes in procedures as far as documenting captured person improve your ability to gather intelligence? 13). (BN/CO Cdr) What are the procedures for the transfer of custody of Detainees from the MP/Guard personnel to Military Intelligence personnel? When the detainee is returned to the guard force, what procedures occur? 14). (CO Cdr/BN S3) Describe the screening /background checks required prior to hiring interpreters. Are they trusted by U.S. Soldiers? 15). (All) 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? 16). (All) 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 at the Army-level? 17). (All) What are the procedures if a detainee in U.S. custody dies? 18). (All) 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)? 19). (All) Are you aware of your requirement to report abuse or suspected abuse of detainees? 20). (All) Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 21). (All) What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 22). (All) Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) 23). (All) What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) 24). (All) What procedures are in place for Detainees to report alleged abuse? 25). (All) What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 26). (All) Describe your working environment and living conditions since being in Theater. 27). (All) Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 28). (All) Are you aware of any incidences of detainee or other abuse in your unit? 29). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 30). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 31). (All) Describe what you understand happened leading up to and during the incident(s) of abuse. 32). (All) Describe Soldier morale, feelings and emotional state prior to and after these incidents? 33). (All) Was this incident reported to the chain of command? How, when & what was done? What would you have done? 34). (All) How could the incident have been prevented? 35). (All) Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 36). (All) What measures are in place to boost morale or to relieve stress? 37). (All) What measures could the command enact to improve the morale and command climate of your unit? g. MP BDE COMMANDER INTERVIEW QUESTIONS 1). What references/standards/publications/SOPs do you require your subordinates to use for Detainee Operations? 2). What MP units under your command operate US military controlled Internment Facilities? (Battalion and Company) How many Internment Facilities under U.S. Military Control, do you operate? Where are they positioned across the Theater? Have you visited any of DIV /BDE Collection Points? 3). What are the policies on the establishment of Internment facilities? How do you ensure the units are operating these locations/facilities under the provisions of the Geneva Convention and AR 190-8(ROE, Interrogation Techniques, general orders, humane treatment, etc)? 4). Are your operations employing detainees for work? If so, what are the General policy and procedures for the Employment and Compensation of Detainees? 5). Is there (or do you have) a policy on the ratio of guards to Detainees? If so, what is it? Is this standard being met? If not, what is the shortfall and how are your units managing the challenge? 6). What is your detainee segregation policy? 7). What is the minimum living space standard for each Detainee? Who set the provisions of minimum living space for Internment Facilities? (when possible, consult the preventative medicine authority in theater for provisions of minimum living space and sanitary facilities). Has a preventative medicine expert given advice on this? 8). Are the Corps of Engineers involved in any facility upgrades/improvements in Theater for Detainees? If so, what are some ongoing projects? What do you know of the Engineer Corps’ Theater Construction Management System (TCSM). Were you aware that they have plans, specifications, and materiel requirements for Internment Facilities based on Detainee population? 9). Do you use Military Working Dogs (MWD) within detention facilities? 10). What is the current policy to grant conditional access to the International Red Cross/Crescent to Detainees? Has this always been the policy? Are they the only NGOs that have conditional access? If not, who are the other organizations? 11). Explain how medical information is kept on each individual Detainee? 12). What is your responsibility to the National Detainee Reporting Center (NDRC)? What is your relationship with the Theater Detainee Reporting Center (TDRC)? To the best of your knowledge, when were these centers stood up? Describe the Detainee Reporting System? (Software used, Data Base Management, Data Validation, Contingencies, Security and Privacy, etc.) Who has access? 13). When are Detainees assigned Internment Serial Numbers (ISNs) (from point of capture to internment? Are there any reasons why Detainees would not be assigned ISNs? 14). What are the policies and procedures for US Forces transferring detainees to other Coalition Forces/Host Nation Forces? Has this been done? 15). What are the procedures that allow other United States Government Agencies (OGA) access to Detainees? Who is the approval authority? How much notice do they have to provide the chain of command? Do Detainees ever leave U.S. Military Control for interrogation? How about U.S. Military Police control to MI control? What is the process for turnover and accountability of the Detainee? What happens if a detainee is returned to U.S. Military Control from an OGA, and it is determined that abuse has occurred? 16). How are interpreters (linguists/translators) integrated within the Detainee Detention system (within each facility)? 17). What are your biggest issues concerning logistical, contractor, and interpreter support for Detainee Operations? 18). What are your biggest issues concerning adequate facilities for Detainees? 19). Can you describe the in-processing actions required for Detainees? What are some of the reasons that Detainees are not accepted to the internment facility? Are capturing units/subordinate units properly processing Detainees? If not, what are they doing wrong? Is it administrative in nature or in the physically handling of Detainees? 20). What is the process to account for and dispose of weapons and contraband confiscated from Detainees? What happens to personal property? (Is it disposed of/tagged along with the Detainee and is it stored properly and accounted for?) Why is the DD Form 2745 (Capture Tag) not being used? What are units using in lieu of (if any)? ((Detainee Capture Card found in draft MTTP, Detainee Ops—this card does not require near as much data as DD 2745 (). The CPA Apprehension Form helps offset the lack of info on the Detainee, however it is usually filled out in a single copy (not the 3 required))) Who decided on the use of the Coalition Provisional Authority Apprehension Form and why? 21). Does the current force structure meet the requirements to run Internment Facilities? If not why? What recommendations can you can you provide? Do your units have what they need to accomplish the mission (personnel/equipment) without additional support? If not, explain? What do you perceive to be doctrinal shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine and accomplish differently? 22). What is the ROE concerning Detainees? How do you ensure that this ROE is being followed and understood by all Soldiers in your command that have any contact with Detainees? What is the policy to train on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction (ROI)? 23). What procedures are in place when a detainee in U S custody dies? 24). What are the procedures for repatriation? 25). What religious activities are permitted? 26). Are you aware of your requirement to report abuse or suspected abuse of detainees? 27). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 28). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 29). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID)? 30). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 31). What procedures are in place for Detainees to report alleged abuse? 32). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 33). Describe your working environment and living conditions since being in Theater. 34). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 35). Are you aware of any incidences of detainee or other abuse in your unit? 36). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 37). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 38). Describe what you understand happened leading up to and during the incident(s) of abuse. 39). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 40). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 41). How could the incident have been prevented? 42). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 43). What measures are in place to boost morale or to relieve stress? 44). What measures could the command enact to improve the morale and command climate of your unit? h. CDR/OIC & SGM/NCOIC INTERNMENT FACILITY 1). Can you tell me what basic publications you use for Detainee Operations (doctrine and standards)? 2). What standards were used in establishing this facility? 3). 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? 4). How did you prepare yourself and your junior leaders to become familiar with and understand the applicable regulations, OPORDS/FRAGOs, directives, international laws and administrative procedures to operate an I/R facility? 5). How did Home Station/Mob Site Training prepare you to conduct Detainee Operations at this facility? What training have you and your Soldiers received to ensure your knowledge of DO is IAW the Geneva Convention and DoD/Army policy? (Did this include Law of War and treatment of Detainees training.)? 6). Describe the training the guard force received to prepare them for their duties. 7). How does your unit conduct sustainment training for Detainee Operations or training for newly assigned personnel? When did your unit last conduct this training? 8). Describe some of the basic operations of the camp relating to detainee segregation, captured medical/religious personnel, feeding, sanitation, etc? Where do you maintain copies of the Geneva Convention around the facility? (Is it posted in the detainee’s home language within the facilities)? 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? 9). How are you organized to handle the different categories of personnel (EPW, CI, OD, females, JVs, and refuges)? How about female Detainees? How and where do you house them? Do you maintain a separate site for sick or wounded Detainees? If so where is it and how does your unit maintain the security and safeguarding of Detainees there? 10). Describe the procedures you use when you inprocess a detainee. (CPA Forces Apprehension Form, two sworn statements, EPW tag, where do you store Detainees' confiscated personal affects (if any) and how are they accounted for (are they tagged with DD Form 2745)? How is evidence tagged? What procedures are in place to dispose of captured enemy supplies and equipment?) How is the transfer of Detainees handled between different services and Other Governmental Organizations? 11). Where do you store Detainees' confiscated personal affects (if any) and how are they accounted for? (Are they tagged with DD Form 2745)? 12). What are the procedures for the interrogation/questioning of Detainees? 13). What are the procedures for the transfer of custody of Detainees from the MP/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) 14). What control measures do you use to maintain discipline and security in the facility? 15). What MP units (guards, escort, detachments) do you have at your disposal to operate and maintain this internment facility? Do you have any shortages? How do these shortages impact your mission? What non-MP units are you using to help operate this facility? Do you have any shortages? How do these shortages impact your mission? 16). What kind of security lighting do you have that ensures you have a safe and secure operation at night? How do you provide heat to detainees during the winter? What fire prevention/safety measures do you have? 17). Are you employing detainees for work? What are the General policy and procedures for the Employment and Compensation of Detainees? 18). What type of Medical assets are present in support of medical treatment of detainees? 19). What kind of stress counseling do you provide to Soldiers/Guards? 20). Are Detainees allowed to practice their religion? Is there a chaplain available to minister to the detainees? Is the chaplain a Retained Personnel, US Forces, or a civilian? 21). Describe the latrine facilities for Detainees' use (do they have access to 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--12 hours is the standard)? 22). Describe how the unit plans and procures logistical support to include: transportation, subsistence, organizational, and NBC clothing and equipment items, mail collection and distribution, laundry, and bath equipment ISO DO. What logistical support do you receive to run this Facility? What types of supplies is greater in-demand for the unit during detainee operations? What are your shortfalls? 23). How do the Detainees receive fresh water (Bottled water or Lister bag)? 24). What personnel or equipment USR shortages are affecting your ability to perform detainee operations? 25). What do you perceive to be doctrinal shortcomings pertaining to Detainee Operations 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? 26). What are the procedures if an EPW or RP in U.S. custody dies? 27). What AARs or lessons learned have you written or received regarding detainee operations? Can I get a copy? 28). Are you aware of your requirement to report abuse or suspected abuse of detainees? 29). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 30). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 31). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID)? 32). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 33). What procedures are in place for Detainees to report alleged abuse? 34). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 35). Describe your working environment and living conditions since being in Theater. 36). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 37). Are you aware of any incidences of detainee or other abuse in your unit? 38). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 39). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 40). Describe what you understand happened leading up to and during the incident(s) of abuse. 41). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 42). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 43). How could the incident have been prevented? 44). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 45). What measures are in place to boost morale or to relieve stress? 46). What measures could the command enact to improve the morale and command climate of your unit? i. MANEUVER BDE/BN XO 1). What are your responsibilities concerning detainee operations? 2). (BDE XO) What are your responsibilities concerning the Forward Collection Point in the BSA? What is your relationship with the Forward Collection Point OIC? 3). Can you tell me what basic publications you use for Detainee Operations? 4). How did you prepare yourself and your junior leaders to become familiar with and understand the applicable regulations, OPORDS/FRAGOs directives, international laws and administrative procedures to support Detainee Operations? 5). How did Home Station/Mob Site Training prepare you to conduct Detainee Operations? 6). Can you describe the process of getting a Detainee to the Forward Collection Point in the BSA beginning with the point of Capture? How long do detainees stay in the company holding area before being transported to the BDE Forward Collection Point? 7). (BN XO) How do your companies integrate the security and defense of the company holding areas into their perimeter defense? What is your normal ratio of guards to detainees in the holding area? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? How do these shortfalls impact your mission? 8). Are you experiencing any transportation problems to move detainees, and if so what? What is the number of personnel needed to move prisoners internally or externally (i.e. from the BN holding areas to the Forward Collection Point, for medical evacuation, etc? 9). What personnel or equipment USR shortages are affecting your ability to support detainee operations? What are your resource shortfalls to support this operation? What types of supplies is greater in-demand for the unit during detainee operations? 10). What do you perceive to be doctrinal shortcomings pertaining to Detainee Operations 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? 11). What procedures are in place to ensure Soldiers and leaders understand the use of force and rules of engagement? 12). What kind of stress counseling are Soldiers/Guards provided? 13). What are the procedures for evacuating a sick or wounded Detainee? How does your unit maintain the security and safeguarding of sick or wounded Detainees while in transport? 14). Describe how the unit plans and procures logistical support to include: subsistence, organizational, and NBC clothing and equipment items, mail collection and distribution, laundry, and bath equipment ISO DO. 15). (BN XO) How do you provide your unit holding area with water? (Bottled water or bulk water)? 16). What are the procedures if a detainee in U.S. custody dies? 17). What AARs or lessons learned have you written or received regarding detainee operations? Can I get a copy? 18). Are you aware of your requirement to report abuse or suspected abuse of detainees? 19). What procedures do you have to report suspected detainee abuse? Who can you report abuse/suspected abuse to? 20). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 21). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 22). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 23). Describe your working environment and living conditions since being in Theater. 24). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 25). Are you aware of any incidences of detainee or other abuse in your unit? 26). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 27). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 28). Describe what you understand happened leading up to and during the incident(s) of abuse. 29). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 30). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 31). How could the incident have been prevented? 32). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 33). What measures are in place to boost morale or to relieve stress? 34). What measures could the command enact to improve the morale and command climate of your unit? j. OIC & NCOIC COLLECTION POINT 1). Can you tell me what sources that you use to get policy, doctrine and standards for Detainee Operations? (What doctrine was used in setting up the collection point?) Describe the basic principles of detainee operations and how you are applying them. 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? 3). How did Home Station/Mob Site Training prepare you to conduct Detainee Operations? (Did this include Law of War and treatment of Detainees training.)? 4). Describe the training the guard force received to prepare them for their duties. 5). 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?) When did your unit last conduct this training? 6). What kind of security lighting do you have that ensures you have a safe and secure operation at night? How do you provide heat to detainees during the winter? What fire prevention/safety measures do you have? 7). In relation to where the detainees are housed, how far away are your ammunition and fuel storage sites? Where is your screening site where MI Soldiers interrogate Detainees? 8). Describe some of the basic operations of the collection point relating to detainee segregation, captured medical/religious personnel, feeding, sanitation, etc? (Do you segregate Detainees by nationality, language, religion, rank, and sex? How are captured Medical personnel and Chaplains being used? 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 collection point sanitary enough to ensure a clean and healthy environment free from disease and epidemics)? 9). What control measures do you use to maintain detainee discipline and security in the collection point? 10). What are the procedures for the transfer of Detainees from the collection points to US Military controlled detention facilities? How is the transfer of Detainees handled between coalition forces/host nation? 11). What transportation problems do you experience moving detainees during the operation? 12). Describe the procedures you use when you in process a detainee. (CPA Forces Apprehension Form, two sworn statements, EPW tag, where do you store Detainees' confiscated personal affects (if any) and how are they accounted for (are they tagged with DD Form 2745)? How is evidence tagged? What procedures are in place to dispose of captured enemy supplies and equipment? Do you medically screen detainees?) 13). What MP units (platoon, guards, escort, detachments) do you have at your disposal to operate and maintain the collection point? Do you have any shortages? How do these shortages impact your mission? What non-MP units are you using to help operate the collection point? Do you have any shortages? How do these shortages impact your mission? 14). What is your normal ratio of guards to detainees in the collection point? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? Why are their shortfalls? How do these shortfalls impact your mission? 15). 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) 16). 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? 17). What equipment shortages (USR) are affecting your ability to perform detainee operations? What other equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc.)? What major shortfalls has the unit encountered in regards to materiel and supply distribution? 18). Describe how the unit plans and procures logistical support to include: transportation, subsistence, organizational, and NBC clothing and equipment items, mail collection and distribution, laundry, and bath equipment ISO DO. 19). What logistical support do you receive to run this Facility? What types of supplies is greater in-demand for the unit during detainee operations? And are these items regularly filled? 20). What procedures do you have in place to ensure Soldiers and leaders understand the use of force and rules of engagement for the collection point? 21). What are the unit's procedures for the interrogation/questioning of Detainees? 22). What kind of stress counseling are Soldiers/Guards provided? 23). Do you maintain a separate site for sick or wounded Detainees? If so where is it and how does your unit maintain the security and safeguarding of Detainees there? How about female Detainees? How and where do you house them? 24). What type of Medical personnel/units are available in support of medical treatment of detainees? 25). Are Detainees given the latitude to practice their religion? Is there a chaplain available to minister to the detainees? Is the chaplain a Retained Personnel, US Forces, or a civilian? 26). Describe the latrine facilities for Detainees' use (do they have access to 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--12 hours is the standard)? 27). How do the Detainees receive fresh water (Bottled water or Lister bag)? 28). What are the procedures if a detainee in U.S. custody dies? 29). What AARs or lessons learned have you written or received regarding detainee operations? Can I get a copy? 30). Are you aware of your requirement to report abuse or suspected abuse of detainees? 31). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 32). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 33). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID)? 34). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 35). What systems are in place for detainees to report alleged abuse? 36). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 37). Describe your working environment and living conditions since being in Theater. 38). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 39). Are you aware of any incidences of detainee or other abuse in your unit? 40). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 41). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 42). Describe what you understand happened leading up to and during the incident(s) of abuse. 43). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 44). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 45). How could the incident have been prevented? 46). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 47). What measures are in place to boost morale or to relieve stress? 48). What measures could the command enact to improve the morale and command climate of your unit? k. INTERROGATOR OIC/NCOIC 1). What references/standards/publications/SOPs do you use to conduct interrogation Operations? 2). How does the command ensure that interrogation Operations is conducted in compliance with the international Law of war? (OPORD/FRAGO, ROE, Interrogation Techniques, general orders, humane treatment, etc) 3). Did you and 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 the unit? Did this training include the treatment of Detainees? Explain. 4). What Home Station/Mob Site Training did you and your soldiers receive 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.)? 5). What training did you receive on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction (ROI)? 6). What procedures are in place to ensure your Soldiers do not violate the rules of engagement for the interment facility/collection point? 7). What guidance or policies are there to ensure fraternization is not taking place between U.S. military personnel and the detainees? 8). What training have you and your subordinates received to ensure your knowledge of DO is IAW the provisions under the Geneva Convention? 9). What is the OIC/NCOICs overall role in detainee operation process? What involvement do the OIC/NCOICs have in the interrogation process of detainee operations? Do the OIC/NCOICs provide a means to validate detainee's information? Do the OIC/NCOICs provide input as to the disposition of the detainee? 10). Where are your screening sites located (where detainees are interrogated and screened)? Are these facilities adequate for your needs? Do you have enough interrogators for your operation needs? What are your personnel shortfalls? 11). What is the procedure on how to identify a detainee who may have intelligence information? Who performs this procedure? Are MPs involved in the decision-making? Are PIRs used as a basis for the identification of detainees of interest, personality lists used, etc? 12). Have you personally observed the interrogation operations at this Facility to determine if your unit has the necessary support and supplies to run the facilities? If so, what did you find? 13). What control measures are you using to maintain discipline and security within the interrogation facility? 14). How many people are authorized to be present in the room when interrogating/ screening a detainee? Under what circumstances are you required and authorized to have more people? 15). Are the personal effects of a detainee released to the interrogator or is the interrogator allowed to examine the items? 16). Are you receiving sufficient information from the capture paperwork to properly conduct screenings and interrogations? Are the current requirements for documentation of a captured person sufficient or excessive? Did the changes in procedures as far as documenting captured person improve your ability to gather intelligence? 17). What are the procedures for the transfer of custody of Detainees from the MP/Guard personnel to Military Intelligence personnel? When the detainee is returned to the guard force, what procedures occur? 18). Describe the screening /background checks required prior to hiring interpreters. Are they trusted by U.S. Soldiers? 19). What is your perception of the contract interrogators training and capabilities to conduct proper interrogations of detainees? 20). How are translators/linguists used during the screening/interrogation process? Do you trust the interpreter? How are MPs/Guards used during this process? 21). 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? 22). 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 at the Army-level? 23). What are the procedures if a detainee in U.S. custody dies? 24). 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)? 25). Are you aware of your requirement to report abuse or suspected abuse of detainees? 26). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 27). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 28). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID)? 29). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 30). What procedures are in place for Detainees to report alleged abuse? 31). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 32). Describe your working environment and living conditions since being in Theater. 33). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 34). Are you aware of any incidences of detainee or other abuse in your unit? 35). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 36). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 37). Describe what you understand happened leading up to and during the incident(s) of abuse. 38). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 39). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 40). How could the incident have been prevented? 41). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 42). What measures are in place to boost morale or to relieve stress? 43). What measures could the command enact to improve the morale and command climate of your unit? l. INTERROGATOR QUESTIONS 1). What references/standards/publications/SOPs do you use to conduct interrogation Operations? 2). What training have you received to ensure your knowledge of DO is IAW the provisions under the Geneva Convention? 3). Did your unit undergo Level B Law of War training prior to deployment? Explain what training occurred. Is there a plan to train new Soldiers (replacements) to the unit? Did this training include the treatment of Detainees? Explain. 4). What training did you unit receive on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction (ROI)? 5). What is the procedure on how to identify a detainee who may have intelligence information? Who performs this procedure? Are MPs involved in the decision-making? Are PIRs used as a basis for the identification of detainees of interest, personality lists used, etc? 6). What is the Rules of Engagement (ROE)/Rules of Interaction (ROI) when interrogating a detainee? 7). What is the maximum amount of time allowed a detainee could be interrogated during one session? Where is this standard located? 8). What is the procedure in determining how long to hold a detainee at this level for interrogation once he refuses to cooperate? 9). How many people are authorized to be present in the room when interrogating/screening a detainee? Under what circumstances are you required and authorized to have more people? 10). Who may allow an interrogator to question a detainee if he is wounded or sick? (Medical personnel) 11). What types of restraining devices are authorized on the detainee during the interrogation? What type and/or amount of physical constraints are interrogators authorized to place on an unruly detainee during interrogation? 12). Where are your screening sites located (where detainees are interrogated and screened)? Are these facilities adequate for your needs? Do you have enough interrogators for your operation needs? What are your personnel shortfalls? 13). Are you receiving sufficient information from the capture paperwork to properly conduct screenings and interrogations? Are the current requirements for documentation of a captured person sufficient or excessive? Did the changes in procedures as far as documenting captured person improve your ability to gather intelligence? 14). What are the procedures for the transfer of custody of Detainees from the MP/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) 15). Are the personal effects of a detainee released to the interrogator or is the interrogator allowed to examine the items? 16). How are translators/linguists used during the screening/interrogation process? Do you trust the interpreter? How are MPs/Guards used during this process? 17). What is your perception of the contract interrogators training and capabilities to conduct proper interrogations of detainees? 18). 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 at the Army-level? 19). 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)? 20). What is considered abuse to a detainee during interrogation? 21). Are you aware of your requirement to report abuse or suspected abuse of detainees? 22). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 23). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 24). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID)? 25). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 26). What procedures are in place for Detainees to report alleged abuse? 27). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 28). Describe your working environment and living conditions since being in Theater. 29). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 30). Are you aware of any incidences of detainee or other abuse in your unit? 31). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 32). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 33). Describe what you understand happened leading up to and during the incident(s) of abuse. 34). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 35). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 36). How could the incident have been prevented? 37). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 38). What measures are in place to boost morale or to relieve stress? 39). What measures could the command enact to improve the morale and command climate of your unit? m. Chaplain 1). Are Detainees allowed to practice their religion? Is there a chaplain available to minister to the detainees? Is the chaplain a Retained Personnel, US Forces chaplain, or a civilian? 2). What are your unit ministry team's responsibilities as part of the cadre for the detainees at this collection point / internment facility? (Looking for contraband the detainee might have hidden in their Koran?) 3). What are the procedures to bring local religious clergy members into the collection point or facility to help ministry to detainees? 4). Are you aware of your requirement to report abuse or suspected abuse of detainees? 5). Has any service member spoken with you about abusing detainees or seeing detainees being abused? If yes, can you provide details without violating your privilege information / confidentially status between you and the service member? (We do not want names). 6). How many times have you heard about detainees being abused or mistreated? What did you hear? 7). Have you made the Chain of Command aware of these allegations of abuse and have you seen the Chain of Command do anything about correcting detainee abuse? 8). What is your feeling on how Detainees are being treated? No standard. Personnel observations and feelings. 9). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 10). Describe your working environment and living conditions since being in Theater. 11). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 12). Are you aware of any incidences of detainee or other abuse in your unit? 13). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 14). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 15). Describe what you understand happened leading up to and during the incident(s) of abuse. 16). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 17). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 18). How could the incident have been prevented? 19). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 20). What measures are in place to boost morale or to relieve stress? 21). What measures could the command enact to improve the morale and command climate of your unit? m. S-4 (INTERNMENT FACILITY) 1). Concerning logistical operations, what is your role in the support of (Theater/Division) Detainee Operations? 2). What references/standards/publications do you use to conduct Detainee Operations or does your operation depend solely on existing SOPs, OPORDs, FRAGOs, supply/logistic requests? 3). What Home Station Training did your unit conduct prior to deployment to help the unit (and you) prepare for this mission? Describe it. 4). Describe how your unit plans and procures logistical support for Detainee Operations. (include: transportation, subsistence, organizational, and NBC clothing and equipment items, distribution, laundry, and bath equipment) What are the procedures for transporting and evacuating Detainees? Have you ever coordinated for transportation to evacuate Detainees out of the AOR? Who approved the transfer? 5). Do you have any responsibilities for feeding the detainees? If so, are the daily food rations sufficient in quantity and quality and variety to keep Detainees in good health and IAW with their cultural requirements? How and what are they being fed? Please elaborate. 6). Do detainees have adequate furnishings for sleeping and eating (does it include bedding/blankets)? Is the supply system in place allowing you to replace or procure necessary furnishings? Is there a means to launder clothing items for the Detainees here at this facility? 7). How do Detainees receive fresh potable water in your area of responsibility? (Bottled water, Lister bags, running water--if so, is it potable)? 8). What procedures are in place to account for and dispose of captured enemy supplies and equipment? 9). How are personal hygiene items and needed clothing being supplied to the Detainees? What precisely are provided to them? Do detainees have access to sundry items? 10). What do you perceive to be doctrinal logistic shortcomings pertaining to Detainee Operations and how would you fix/incorporate into updated doctrine/accomplish differently? 11). What are your biggest issues concerning logistical support for Detainee Operations? 12). What are your biggest issues concerning adequate facilities for Detainees? Who provides engineer support to this facility? What is your relationship with the engineer? (If the S- 4 provides engineer support, then ask the Engineer Support to Internment Facility Questions.) 13). Are you aware of your requirement to report abuse or suspected abuse of detainees? 14). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 15). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 16). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID)? 17). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 18). What procedures are in place for Detainees to report alleged abuse? 19). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 20). Describe your working environment and living conditions since being in Theater. 21). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 22). Are you aware of any incidences of detainee or other abuse in your unit? 23). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 24). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 25). Describe what you understand happened leading up to and during the incident(s) of abuse. 26). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 27). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 28). How could the incident have been prevented? 29). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 30). What measures are in place to boost morale or to relieve stress? 31). What measures could the command enact to improve the morale and command climate of your unit? n. CID Special Agent 1). What is your involvement with detainee abuse investigations? Please provide a general description of the quantity and type of investigations that you were involved in? 2). Can you list the detainee facilities that these incidents occurred? 3). During those investigations did you establish the motives for soldiers that abused detainees? If so, please list the motives you uncovered and explain each individually in as much detail as possible. 4). During those investigations, did you establish any deficiencies regarding training of those persons who committed abuse? If so, please explain? 5). During those investigations, did you establish any deficiencies in regards to the leadership of those who committed abuse? If so, please explain? 6). During those investigations, did you establish if the environmental factors (length of work day, shift schedule, living conditions, weather, food, etc...) might have been the cause of abuse? If so, explain? 7). During those investigations, did you determine if combat stress was a cause of the abuse? If so, please explain. 8). During those investigations did you establish if the assignment of MOS' that do not normally deal with detainee operations had an impact on those soldiers abusing detainees. If so, please explain. 9). During these investigations did you establish any patterns as far as one unit having more soldiers who abused detainees, or a specific MOS that had more soldiers who abused detainees. Did you see any specific patterns? 10). Is there anything else that you may have observed that you felt was the cause of those soldiers abusing detainees? 11). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 12). Describe your working environment and living conditions since being in Theater. 13). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 14). Are you aware of any incidences of detainee or other abuse in your unit? 15). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 16). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 17). Describe what you understand happened leading up to and during the incident(s) of abuse. 18). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 19). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 20). How could the incident have been prevented? 21). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 22). What measures are in place to boost morale or to relieve stress? 23). What measures could the command enact to improve the morale and command climate of your unit? n. ENGINEER SUPPORT TO INTERNMENT FACILITIES (MP BDE/BN) 1). What is your role in assisting this unit to maintain the security and safeguarding of Detainees at this interment facility? 2). What is the maximum capacity for this particular facility? What is the current Detainee population? What is your plan for surge? (tentage, latrines, etc) 3). What standards were used in establishing this internment facility? What standards do you use in providing engineer support for this facility? Have any facility standards been waived, and if so, by whom, and why? 4). Why was this facility picked as an internment facility (permanent)? What makes this the place of choice? Who decided the location of this facility? 5). What are some of the services being contracted out/outsourced to support Detainee Operations in Theater? (Custodial, Garbage, etc.) What are issues concerning contracting or budget that you are aware of that impact Detainee Operations? If so, what are they? Who oversees these contracts that support Detainee Operations (CORs)? 6). What do you know about the Engineer Corps’ Theater Construction Management System (TCSM). Were you aware that they have plans, specifications, and materiel requirements for Internment Facilities based on Detainee population? 7). What is the minimum living space standard for each Detainee? Who set the provisions of minimum living space for this facility (Engineers are managers of real property) (when possible, consult the preventative medicine authority in theater for provisions of minimum living space and sanitary facilities). What is your relationship with the preventive medicine expert? Has a preventative medicine expert given advice on this? 8). Describe the latrine facilities for Detainees' use (do they have access to it day and night and does it conform to the rules of hygiene and do females have separate facilities. Are they serviced with running water)? How are they cleaned and how often, and by whom (Contracted?)? Where do they bathe and conduct other personal hygiene? How recently has a preventative medicine expert inspected the latrine and personal hygiene facilities? 9). Is the sewage system intact? If not, what are the problems and what is being done to fix. What is used in lieu of? 10). Describe your lighting system for the internment facility. How does it enhance the security of the facility? Does the facility have emergency lighting/power capability? Describe the system. How about the electrical distribution system? What are your problems with the system? 11). How do the Detainees receive fresh potable water (Bottled water, Lister bags, running water--if so, is it potable)? How reliable is the (running) water distribution system (any breakdowns and if so, how often)? 12). How about heating during the winter? What fire prevention/safety measures are in place? Describe major problems in these areas. 13). Describe the facilities where the Detainees eat? (Is there a kitchen facility), what equipment do you have in place? 14). Do you train and supervise internal and external labor (CIs) (construction and repair of facilities)? If so, describe the work ( construction, maintenance, repair, and operation of utilities (water, electricity, heat, and sanitation.)) 15). How do you prioritize your maintenance and repair? What is your backlog on work orders? Are there any future plans for this facility in terms of renovation or expansion? Please describe (how will they use swing space). 16). Are you aware of your requirement to report abuse or suspected abuse of detainees? 17). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 18). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 19). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) 20). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) 21). What procedures are in place for Detainees to report alleged abuse? 22). What do you perceive as the mission of your unit? Describe the importance of your role in that mission 23). Describe your working environment and living conditions since being in Theater. 24). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 25). Are you aware of any incidences of detainee or other abuse in your unit? 26). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 27). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 28). Describe what you understand happened leading up to and during the incident(s) of abuse. 29). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 30). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 31). How could the incident have been prevented? 32). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 33). What measures are in place to boost morale or to relieve stress? 34). What measures could the command enact to improve the morale and command climate of your unit? o. Medical Officer / Preventive Medical Officer 1). What medical requirements in support of the detainee program were identified in the medical annexes of relevant OPLANs, OPORDs, and other contingency planning documents? What identified requirements were actually allocated? What procedures were specified in these documents? 2). What training, specific to detainee medical operations, did you receive prior to this deployment? What training have you received during this deployment? 3). What are the minimum medical care and field sanitation standards for collection points/internment facilities? What have you observed when detainees are received at collection points/internment facilities? (Describe the process) 4). How often are the collection points/internment facilities inspected (PVNTMED inspections)? Who performs the inspections (field sanitation team, PVNTMED detachment)? What do the inspections consist of? What do you do with the results of the inspections? Are the appropriate commanders taking the necessary actions to correct the shortcomings noted during your monthly medical inspections? Have you observed any recurring deficiencies during your inspections? 5). How do you ensure that each unit has a field sanitation team and all necessary field sanitation supplies? What PVNTMED personnel are assigned to MP units responsible for detention operations? 6). How are detainees initially evaluated (screened) and treated for medical conditions (same as US)? Who performs the screening? What do you do if a detainee is suspected of having a communicable disease (isolated)? 7). How often do you or your staff conduct routine medical inspections (examinations) of detainees? What does the medical evaluation consist of? What is the purpose of the medical examination? How are the results recorded/reported? 8). Does every internment facility have an infirmary? If not, why not? How do detainees request medical care? What are the major reasons detainees require medical care? Have any detainees been denied medical treatment or has medical attention been delayed? If so, why? 9). How do detainees obtain personal hygiene products? 10). What are the procedures for the transfer of custody of detainees to/from the infirmary for medical treatment? How is security maintained when a detainee is transferred to a medical facility? (Database, form, etc) 11). What are the procedures for repatriation of sick and wounded detainees? Who is eligible for repatriation based on a medical condition? How do you interact with the Mixed Medical Commission (EPW/RP only)? 12). Who maintains medical records of detainees? How are these maintained and accessed? What is kept in the medical record? Who collects, analyzes, reports, and responds to detainee DNBI data? 13). What are the standards for detainee working conditions? Who monitors and enforces them? Who administers the safety program? What is included in the safety program? How does a detainee apply for work-related disability compensation? 14). How are retained medical personnel identified? What special conditions apply to them? How are they employed in the care of detainees? How are they certified as proficient? Who supervises them? 15). What measures are taken to protect US personnel from contracting diseases carried by detainees? Who monitors/enforces these procedures? 16). What kind of stress counseling do you provide to Soldiers/Guards of detainees? 17). What are the procedures if a detainee in U.S. custody dies? 18). What do you perceive to be doctrinal medical shortcomings pertaining to detainee operations? How would you fix/incorporate into updated doctrine/accomplish differently? Does the current force structure of the Medical/MS/SP Corps support the successful accomplishment of detainee operations? What are the shortcomings, and how do we fix the problem at the Army level? 19). If you noticed any markings and/or injuries on a detainee that might lead you to believe the detainee was being abused, what would you do with the information? Do your subordinates know the reporting procedures if they observe or become aware of a detainee being abused? 20). Overall, how do you feel detainees are being treated at the infirmary, collection points and/or detention facilities? What systemic weaknesses have you identified? 21). What AARs or lessons learned have you written or received regarding detainee operations? Can I get a copy? 22). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 23). Describe your working environment and living conditions since being in Theater. 24). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 25). Are you aware of any incidences of detainee or other abuse in your unit? 26). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 27). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 28). Describe what you understand happened leading up to and during the incident(s) of abuse. 29). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 30). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 31). How could the incident have been prevented? 32). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 33). What measures are in place to boost morale or to relieve stress? 34). What measures could the command enact to improve the morale and command climate of your unit? p. NCOIC GUARD FORCE COLLECTION POINT & INTERNMENT FACILITY 1). How did you prepare yourself and your Soldiers to become familiar with and understand the applicable regulations, OPORDS/FRAGOs directives, international laws and administrative procedures to operate an I/R facility or Collection Point? 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. 3). What policies/procedures does your unit have in place to support the U.S. policy relative to the humane treatment of Detainees? 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) 5). 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 (ROI)? 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? 7). What guidance or policies do you have to ensure fraternization is not taking place between U.S. military personnel and the detainees? 8). Describe the training the guard force received to prepare them for their duties (5Ss & 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? 9). 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.)? 10). Describe the training you received during your last Military Institutional School (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? 11). 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? 12). What control measures are your unit using to maintain discipline and security in the collection point/internment facility? 13). 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? 14). What is your ratio of guards to detainees in your collection point/internment 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 these shortfalls impact your mission? 15). How are you organized to handle the different categories of personnel (EPW, CI, OD, females, juveniles and refugees)? Do you maintain a separate site for sick or wounded Detainees? If so where is it and how does your unit maintain the security and safeguarding of Detainees there? 16). What is the number of personnel needed to escort prisoners internally and externally? (i.e. for medical, evacuation, etc.)? 17). What are the procedures for transporting and evacuating detainees? What are the procedures for transferring Detainees from the collection points to US Military controlled detention facilities? How is the transfer of Detainees handled between different services? 18). 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 2713?, etc) 19). 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/internment facility? If you do not use MP teams, what forces are required to operate the Collection Point (guard, security etc)? Do you have any shortfalls in performing the Collection Point mission? How does this affect your doctrinal mission? How long are you holding Detainees at the collection point? Is holding the detainees longer than the 12/24 hours impacting on your units’ ability to perform its mission? Why? 20). Describe how this unit is able to maintain the security and safeguarding of Detainees at this interment facility/collection point. Describe your security 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. 21). How do you maintain a high state of discipline with your Soldiers to enhance the internal and external security of the internment facility/Collection Point? 22). Does this facility include Sally Ports? Describe the system in place. 23). What do you have in place for communications (between guards/towers and the TOC/C2)? What problems do you have? How do you overcome them? 24). Describe the latrine facilities for Detainees' use (do they have access to 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—12/24 hours is the standard)? 25). How do the Detainees receive fresh water (Bottled water or Lister bag)? 26). Can you give some examples of contraband? What are the procedures when you find contraband?? (i.e.., Knives, Narcotics, weapons, currency) 27). 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? 28). How are Detainee complaints and requests to the camp commander processed? 29). What are your shortcomings/problems in feeding the population? What is the menu of the population? 30). 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 detention operation in regards to riot control? 31). What personal equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc? 32). What types of supplies is greater in-demand for the unit during detainee operations? And are these items regularly filled? What major shortfalls has the unit encountered in regard to materiel and supply distribution? 33). What transportation problems is the unit experiencing to move detainees during the operation? 34). What safety programs/policies are currently being used in the Detainee camps? 35). 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)? 36). Are you aware of your requirement to report abuse or suspected abuse of detainees? 37). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 38). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 39). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID)? 40). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 41). What systems are in place for detainees to report alleged abuse? 42). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 43). Describe your working environment and living conditions since being in Theater. 44). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 45). Are you aware of any incidences of detainee or other abuse in your unit? 46). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 47). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 48). Describe what you understand happened leading up to and during the incident(s) of abuse. 49). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 50). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 51). How could the incident have been prevented? 52). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 53). What measures are in place to boost morale or to relieve stress? 54). What measures could the command enact to improve the morale and command climate of your unit? q. POINT OF CAPTURE-- CDR/ 1SG/ PL/ PS 1). How did you prepare yourself and your junior leaders to become familiar with and understand the applicable regulations, OPORDS/FRAGOs directives, international laws and administrative procedures to operate a unit Collection Point? 2). Did you and all of your Soldiers undergo Law of War training prior to deployment? Explain what training occurred. Did this training include the treatment of Detainees? Is there a plan to train new Soldiers (replacements) to the unit? Explain. 3). 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? How did this training distinguish between the different categories of Detainees (EPWs, RPs, CIs, etc.)? 4). What training did you receive on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction (ROI)? 5). Describe the training you received at the last Professional Military Education on handling/processing Detainees. How was it helpful in preparing you for Detainee Operations? How would you improve the training at the schoolhouse? 6). Describe the training the guard force received to prepare them for their duties. How do you ensure your guards understand their orders? 7). How does your unit conduct sustainment training for Detainee Operations? How often does this occur and please describe it? When did your unit last conduct this training? 8). (CDR/1SG) What are your policies on the establishment of a unit holding area? How do you ensure that these areas operate IAW Law of War? 9). (PL/PS) What is the units' policy on the establishment of a unit holding area? How do you know that you are operating the holding areas IAW Law of War? 10). How do you administratively process each detainee, (i.e., tagging pax and equipment, evidence, witness statements, etc.)? 11). How do you maintain good morale and discipline with Soldiers and leaders to enhance the security of the unit collection point? 12). What procedures do you have in place to ensure Soldiers and leaders understand the use of force and rules of engagement for the unit collection point? (ROE Card, sustainment tng, etc) 13). What procedures are in place to dispose of captured contraband (enemy supplies and equipment)? 14). (CDR/1SG) What policies/procedures do you have in place to ensure that all Detainees are protected, safeguarded, and accounted for (5Ss & T)? What policies/procedures does your unit have to ensure the humane treatment of Detainees? 15). What are your procedures for questioning Detainees? (Is interrogation taking place?) Who is interrogating the detainees? 16). What are your procedures to evacuate a detainee from the point of capture to the Battalion/Brigade collection point? What transportation problems is the unit experiencing either to move troops or detainees during the operation? How do you process detainees too sick or wounded to be evacuated? 17). What is the number of personnel that is needed to move prisoners within the holding area and then to higher? (i.e. for medical sick call, evacuation, etc.)? 18). What medical personnel are available to support DO? 19). What procedures are in place when a detainee in U S custody dies? 20). What equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, radios, weapons, etc.)? 21). (CDR) Are any of these USR shortages and if so are you reporting them on your USR? 22). What types of supplies is greater in-demand for the unit during detainee operations? What about health and comfort items? And are these items regularly filled? 23). What duties put the most stress on soldiers in terms of personnel resources? 24). What is the most important factor that you would address in terms of personnel resources in regards to a successful detainee operation? 25). What AARs or lessons learned have you written or received regarding detainee operations? Can I get a copy? 26). 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)? 27). Are you aware of your requirement to report abuse or suspected abuse of detainees? 28). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 29). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 30). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID)? 31). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 32). What systems are in place for detainees to report alleged abuse? 33). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 34). Describe your working environment and living conditions since being in Theater. 35). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 36). Are you aware of any incidences of detainee or other abuse in your unit? 37). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 38). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 39). Describe what you understand happened leading up to and during the incident(s) of abuse. 40). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 41). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 42). How could the incident have been prevented? 43). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 44). What measures are in place to boost morale or to relieve stress? 45). What measures could the command enact to improve the morale and command climate of your unit? r. DETAINEE ADMINISTRATION COLLECTION POINT/INTERNMENT FACILITY 1). Can you tell me what basic publications that you use to get doctrine and standards for Detainee Operations? How are you applying standards/doctrine to your processing of Detainees? 2). How often does your immediate supervisor/commander come here to ensure that Detainee Operations is conducted in compliance with the international Law of war? How about other commanders in your chain of command? 3). Describe the in processing for Detainees at this Collection Point/Internment Facility. (TAGGING, EQUIPMENT, EVIDENCE, SWORN STATEMENTS, ETC)? By what means are they transported here? ? How long do Detainees typically stay here (12/24 hours is the standard for each location of captivity until they get to the Long Term Detention Facility)? How long does it typically take Detainees to get here after capture? How are they outprocessed and where do they go? How are they transported to the next higher level facility/Collection Point? (What is the documentation required for the transfer of prisoners/Civilian Internees? (What is the documentation required for the transfer of Detainees to other locations or to either MI Soldiers or other U.S. Government Agencies?) 4). What are the procedures for the transfer of custody of Detainees from the MP/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) 5). What is your Detainee segregation policy? (EPWs, Females, Juveniles, Civilian Internees (to include those that are security threats, those that are hostile to coalition forces, and possible HTD/HVD), and Retained Persons, Criminals, etc.)) What can you tell me about the categories of Detainees that you are holding? What are they and what are the definitions of the different categories that you detain? How are you organized to handle the different categories of Detainees (EPW, CI, HVD, OD, and refugees?) 6). What happens to weapons/contraband confiscated from Detainees? What happens to personal property? (Is it disposed of/tagged along with the Detainee and is it stored properly and accounted for?) Why is the DD Form 2745 (Capture Tag) not being used in country? Who gave the authority not to use this form? What are units using in lieu of (if any)? ((Detainee Capture Card found in draft MTTP, Detainee Ops—this card does not require near as much data as DD 2745. The CPA Apprehension Form helps offset the lack of info on the Detainee, however it is in single copy (not the 3 required))) Who decided on the use of the Coalition Provisional Authority Apprehension Form? Why and under whose authority? 7). How are interpreters (linguists/translators) used in this Collection Point/Internment Facility? How many do you have at your disposal? How do you obtain them? Do you and your Soldiers trust them? 8). (COLLECTING POINT ONLY) Are the daily food rations sufficient in quantity or quality and variety to keep detainees in good health (HOW MUCH FOOD DO THEY GET)? Are personal hygiene items and needed clothing being supplied to the Detainees if they are kept longer than 12/24 hours here? Explain? 9). Are you aware of your requirement to report abuse or suspected abuse of detainees? 10). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 11). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) 12). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) 13). What procedures are in place for Detainees to report alleged abuse? 14). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 15). Describe your working environment and living conditions since being in Theater. 16). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater 17). Are you aware of any incidences of detainee or other abuse in your unit? 18). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. 19). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 20). Describe what you understand happened leading up to and during the incident(s) of abuse. 21). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 22). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 23). How could the incident have been prevented? 24). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 25). What measures are in place to boost morale or to relieve stress? 26). What measures could the command enact to improve the morale and command climate of your unit 2. SENSING SESSION QUESTIONS a. NCO (Point of Capture) 1). What regulations, directives, policies, are you aware of that deal with detainee operations? 2). Did you and all of your Soldiers undergo Law of War/Geneva Convention training prior to deployment? Explain what training occurred. Did this training include the treatment of Detainees? What is your plan to train new Soldiers (replacements) to the unit? Explain. 3). 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 (ROI) (How can you interact with the detainees)? 4). Does your unit conduct sustainment training for Detainee Operations? How often does this occur and please describe it? When did your unit last conduct this training? 5). 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.)? 6). Describe the training you received During PLDC/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? 7). What procedures are in place to ensure Soldiers understand the use of force and rules of engagement? (ROE Card? Etc) 8). How do you maintain discipline and security until the detainees are handed off to higher? Describe the training/GUIDANCE the guard force received to prepare them for their duties? 9). What is the minimum standard of treatment US Soldiers must provide detainees? What policies/procedures does your unit have to ensure the humane treatment of Detainees? What procedures does your unit have in place to ensure that Detainees are protected, safeguarded, and accounted for? 10). How do you tag detainees for processing? ) (CPA Forces Apprehension Form, two sworn statements, EPW tag) What procedures do you go through? How do you tag equipment? ( are they tagged with DD Form 2745)? What about evidence? What procedures do you use to process equipment/evidence? What about confiscated personal affects? Where do you store Detainees' confiscated personal affects (if any)? 11). What is your ratio of guards to detainees? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? Why are their shortfalls? How do these shortfalls impact your mission? 12). What is the number of personnel needed to maintain security for the detainees until they are processed to a higher collection point? 13). What is the number of personnel needed to move prisoners within the holding area (i.e. from one point to another, for medical, evacuation, etc.)? 14). How long do you keep detainees at the unit collection point? In relation to the Collection Point, how far away are your ammunition and fuel storage sites? Where is your Tactical Operation Center (TOC)? Where is your screening site where MI Soldiers interrogate Detainees? 15). Do you maintain a separate site for sick or wounded Detainees? If so where is it and how does your unit maintain the security and safeguarding of Detainees there? How about female Detainees? How and where do you house them? 16). What are the procedures for transporting and evacuating detainees? What procedures are in place to account for or dispose of captured enemy supplies and equipment? 17). What transportation problems is the unit experiencing either to move troops or detainees during the operation? 18). What is the most important factor that you would address in terms of personnel resources in regards to a successful detainee operation? 19). What equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc)? 20). How do the Detainees receive fresh water (Bottled water or Lister bag)? 21). What types of supplies is greater in-demand for the unit during detainee operations? And are these items regularly filled? 22). What procedures are in place when a detainee in U S custody dies? 23). 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)? 24). Are you aware of your requirement to report abuse or suspected abuse of detainees? 25). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 26). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 27). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID)? 28). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 29). What procedures are in place for detainees to report alleged abuse? 30). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 31). Describe your working environment and living conditions since being in Theater. 32). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 33). 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 QUESTIONNAIRE) b. SOLDIER (Point of Capture) 1). Did you undergo Law of War training prior to deployment? Explain what training occurred. Did this training include the treatment of Detainees? Explain. 2). Describe the training/guidance you received to prepare you for handling/guarding the detainees. 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? 3). What Home Station/Mob Site Training did your unit conduct prior to deployment to help your unit prepare for Detainee Operations? Describe it. (5Ss & T) 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.)? What training have you received to ensure your knowledge of DO is IAW the provisions under the Geneva Convention? 4). Describe the training you received during Basic Training in handling/processing Detainees. How was it helpful in preparing you for Detainee Operations? How would you improve the training at the schoolhouse? 5). How does your unit train on the established Rules of Engagement (ROE)? How often does this occur? Does this training include Rules of Interaction (ROI)? What about Standards of Conduct? (How can you interact with the detainees)? What guidance or policies have you been trained/briefed on to ensure you understand interaction/ fraternization and that it is not taking place between U.S. military personnel and the detainees? 6). What procedures has your leadership developed to ensure you understand the use of force and the rules of engagement? 7). How is your unit ensuring that all Detainees are protected, safeguarded, and accounted for IAW the 5Ss & T? 8). How do you tag detainees for processing (CPA Form, DD Form 2745)? What procedures do you go through? How do you tag equipment (DD Form 2745, DA Form 4137)? What about evidence (DD Form 2745, DA Form 4137)? What procedures do you use to process equipment/evidence? What about confiscated personal affects? Where do you store Detainees' confiscated personal affects (if any)? 9). What are the procedures for transporting and evacuating detainees? 10). What transportation problems is the unit experiencing either to move troops or detainees during the operation? 11). What is the ratio of guards to detainees? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? Why are their shortfalls? How do these shortfalls impact your mission? 12). What equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc.)? 13). Describe the latrine facilities for Detainees' use (do they have access to 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 CO/BN? 14). How do the Detainees receive fresh water (Bottled water or Lister bag)? 15). Do you know of the procedures to get stress counseling (Psychiatrist, Chaplain, Medical)? 16). Are you aware of your requirement to report abuse or suspected abuse of detainees? 17). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID)? 18). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 19). What procedures are in place for detainees to report alleged abuse? 20). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 21). Describe your working environment and living conditions since being in Theater. (Identify physical and psychological impact on Soldier's attitude). 22). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 23). 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 QUESTIONNAIRE) c. GUARD FORCE (NCO) COLLECTION POINT & INTERNMENT FACILITY 1). How did you prepare yourself and your Soldiers to become familiar with and understand the applicable regulations, OPORDS/FRAGOs directives, international laws and administrative procedures to operate an I/R facility or Collection Point? 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. 3). What policies/procedures does your unit have in place to support the U.S. policy relative to the humane treatment of Detainees? 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) 5). 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 (ROI)? 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 U.S. military personnel and the detainees? 7). Describe the training the guard force received to prepare them for their duties (5Ss & 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? 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.)? 9). Describe the training you received during your last Military Institutional School (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? 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? 11). What control measures are your unit using to maintain discipline and security in the collection point/internment facility? 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? 13). What is your ratio of guards to detainees in your collection point/internment 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 these shortfalls impact your mission? 14). How are you organized to handle the different categories of personnel (EPW, CI, OD, females, juveniles and refugees)? Do you maintain a separate site for sick or wounded Detainees? If so where is it and how does your unit maintain the security and safeguarding of Detainees there? 15). What is the number of personnel needed to escort prisoners internally and externally? (i.e. for medical, evacuation, etc.)? 16). What are the procedures for transporting and evacuating detainees? What are the procedures for transferring Detainees from the collection points to US Military controlled detention facilities? How is the transfer of Detainees handled between different services? 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 2713?, etc) 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/internment facility? If you do not use MP teams, what forces are required to operate the Collection Point (guard, security etc)? Do you have any shortfalls in performing the Collection Point mission? How does this affect your doctrinal mission? How long are you holding Detainees at the collection point? Is holding the detainees longer than the 12/24 hours impacting on your units’ ability to perform its mission? Why? 19). Describe how this unit is able to maintain the security and safeguarding of Detainees at this interment facility/collection point. Describe your security 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. 20). How do you maintain a high state of discipline with your Soldiers to enhance the internal and external security of the internment facility/Collection Point? 21). Does this facility include Sally Ports? Describe the system in place. 22). What do you have in place for communications (between guards/towers and the TOC/C2)? What problems do you have? How do you overcome them? 23). Describe the latrine facilities for Detainees' use (do they have access to 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—12/24 hours is the standard)? 24). How do the Detainees receive fresh water (Bottled water or Lister bag)? 25). Can you give some examples of contraband? What are the procedures when you find contraband?? (i.e.., Knives, Narcotics, weapons, currency) 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? 27). How are Detainee complaints and requests to the camp commander processed? 28). What are your shortcomings/problems in feeding the population? What is the menu of the population? 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 detention operation in regards to riot control? 30). What personal equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc.)? 31). What types of supplies is greater in-demand for the unit during detainee operations? And are these items regularly filled? What major shortfalls has the unit encountered in regard to materiel and supply distribution? 32). What transportation problems is the unit experiencing to move detainees during the operation? 33). What safety programs/policies are currently being used in the Detainee camps? 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)? 35). Are you aware of your requirement to report abuse or suspected abuse of detainees? 36). Do your subordinates know the reporting procedures if they observe or become aware of a Detainee being abused? 37). What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? 38). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) 39). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander)? 40). What systems are in place for detainees to report alleged abuse? 41). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 42). Describe your working environment and living conditions since being in Theater. 43). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 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 QUESTIONNAIRE) d. GUARD FORCE (ENLISTED) COLLECTION POINT & INTERNMENT FACILITY 1). Did all of you undergo Law of War training prior to deployment? Explain what training occurred. Is there a plan to train new Soldiers (replacements) to the unit? Did this training include the treatment of Detainees? Explain. 2). What training have you received to ensure your knowledge of DO is IAW the provisions under the Geneva Convention? (5Ss & T) 3). 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 (ROI)? 4). Describe the training the guard force received to prepare them for their duties. 5). How does your unit conduct sustainment training for Detainee Operations here in Theater? How often does this occur and please describe it? When did your unit last conduct this training? 6). (For Permanent Internment Facilities only) Does your unit have a formal training program for the care and control of Detainees? Describe what it includes. 7). 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? How did this training distinguish between the different categories of Detainees (EPWs, RPs, CIs, etc.) 8). What are some of the basic operations of the collection point/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? What provisions are in place for the receipt and distribution of Detainee correspondence/mail? 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? 9). What is the maximum capacity for this particular collection point/facility? What is the current Detainee population? What is your ratio of guards to detainees in the collection point/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 these shortfalls impact your mission? 10). What control measures are units using to maintain discipline and security in each collection point/facility? 11). Describe how this unit is able to maintain the security and safeguarding of Detainees at this collection point/interment facility. Describe your security 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. 12). What MP units (guards, escort, detachments) do you have at your disposal to operate and maintain this collection point/facility? What non-MP units are you using to help operate this collection point/facility? 13). What is the number of personnel that is needed to move prisoners internally and externally, (i.e. for medical, evacuation, etc.)? 14). How are you organized to handle the different categories of personnel (EPW, CI, OD, and refuges)? How many female Detainees are housed here? How and where do you house them? How do you maintain separation from the male population (during the day or during recreational activities)? What about other categories (juveniles, CI, RP, etc)? What about other categories (juveniles, CI, RP, etc)? Do you maintain a separate site for sick or wounded Detainees? If so where is it and how does your unit maintain the security and safeguarding of Detainees there? 15). (Collection Point only) How long are you holding Detainees at the collection point? Is holding the detainees longer than the 12 hours (FWD CP) or 24 hours (Central CP) impacting on your units’ ability to perform its mission? Why? 16). What procedures are in place to account for and dispose of captured enemy supplies and equipment? 17). Can you give some examples of contraband? What are the procedures when you find contraband?? (i.e.., Knives, Narcotics, weapons, currency) 18). (Collection Point only ) What are the procedures for transporting and evacuating detainees? 19). What are the procedures for the transfer of Detainees from the collection points to US Military controlled detention facilities? How is the transfer of Detainees handled between different services? 20). 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 2713?, etc) 21). Does this facility include Sally Ports? Describe the system in place. 22). What do you have in place for communications (between guards/towers and the TOC/C2)? What problems do you have? 23). How do the Detainees receive fresh water (Bottled water or Lister bag)? 24). How are Detainee complaints and requests to the internment facility commander processed? 25). What safety programs/policies are currently being used in the internment facilities? 26). What personal equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc.)? 27). What transportation problems is the unit experiencing either to move troops or detainees during the operation? 28). What problems, if any, do you feel the unit has regarding manning or personnel resourcing in conducting Detention Operations? 29). Do you know of the procedures to get stress counseling (Psychiatrist, Chaplain, Medical)? 30). Are you aware of your requirement to report abuse or suspected abuse of detainees? 31). Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) 32). What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) 33). What procedures are in place for detainees to report alleged abuse? 34). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 35). Describe your working environment and living conditions since being in Theater. 36). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? 37). 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 QUESTIONNAIRE) e. ABUSE QUESTIONNAIRE. 1). What do you perceive as the mission of your unit? Describe the importance of your role in that mission. 2). Describe your working environment and living conditions since being in Theater. 3). Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater 4). Are you aware of any incidences of detainee or other abuse in your unit? 5). ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. (1.2, 1.6) 6). I am _______(grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed ________________. (specify offense, i.e. aggravated assault, assault, murder). Under Article 31, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian 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? 7). Describe what you understand happened leading up to and during the incident(s) of abuse. 8). Describe Soldier morale, feelings and emotional state prior to and after these incidents? 9). Was this incident reported to the chain of command? How, when & what was done? What would you have done? 10). How could the incident have been prevented? 11). Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. 12). What measures are in place to boost morale or to relieve stress? 13). What measures could the command enact to improve the morale and command climate of your unit? 3. INSPECTION TOOLS. a. Receipt at the US Military Controlled Detention Facilities Worksheet UNIT: _____________ DATE: ____________ NAME: _____________
b. Receipt at the (BDE/DIV) Collection Point to Evacuation to US
Military Controlled UNIT: _____________ DATE: ____________ NAME: _______________
c. From Capture to the Collection Point Worksheet UNIT: _____________ DATE: ____________ NAME: ________________
d. PREVENTIVE MEDICINE SITE ASSESSMENT TOOL (FOR COLLECTION POINTS / INTERNMENT FACILITIES)
PERSONAL HYGIENE SHOWERS NUMBER OF SHOWERS: ____ HAND WASHING STATIONS OUTSIDE ALL LATRINES: Y N LAUNDRY FACILITIES PRESENT ABSENT SOAKAGE PITS / GOOD DRAINAGE / NO STANDING WATER: Y
N POTABLE WATER SUPPLY QUANTITY AVAILABLE PER PERSON PER DAY (GALLONS): POTABLE FOOD SERVICE SANITATION TYPE OF MEALS PROVIDED: MREs A/B/T RATIONS
PREPARED IF HOT MEALS PREPARED: REFRIG AT 45°F OR BELOW: Y N FOOD SERVERS PROPERLY TRAINED & DOCUMENTED: Y N WASTE NUMBER OF LATRINES: MALE _____ GARBAGE STORED 100 FT FROM ANY WATER SOURCE: Y N PEST CONTROL SITE ON HIGH, WELL-DRAINED GROUND: Y N WORK CONDITIONS DETAINEES OBSERVED WORKING: Y N QUARTERS (INTERIOR & EXTERIOR) ADEQUATE SPACE, LIGHTING, CLIMATE CONTROL: Y N FIELD SANITATION TEAM APPOINTED: Y N TRAINED: Y N e. COMBAT / OPERATIONAL STRESS QUESTIONNAIRE Please answer all questions completely and honestly. Your responses will remain anonymous. 1. Rank E1-4 E5-6 E7-9 O1-3 O4-6 2. Type of Unit PLT CO BN BDE Other Rate the following statements regarding morale and unit cohesion (1 = strongly disagree, 5 = strongly agree): 3. The members of my unit know that they can depend on each other 1 2 3 4 5 4. The members of my unit are cooperative with each other 1 2 3 4 5. 5. The members of my unit stand up for each other 1 2 3 4 5. 6. The members of my unit were adequately trained for this mission 1 2 3 4 5 Rate the following statements regarding your unit's leadership (1 = never, 5 = always): 7. In your unit, how often do NCOs/officers tell soldiers when they have done a good job? 1 2 3 4 5 8. In your unit, how often do NCOs/officers embarrass soldiers in front of other soldiers? 1 2 3 4 5 9. In your unit, how often do NCOs/officers try to look good to higher-ups by assigning extra 1 2 3 4 5 missions or details to soldiers? 10. In your unit, how often do NCOs/officers exhibit clear thinking and reasonable action under stress? 1 2 3 4 5 Rate the following statements regarding access to mental health care (1 = strongly disagree, 5 = strongly agree): 11. I don't know where to get help 1 2 3 4 5 12. It is difficult to get an appointment 1 2 3 4 5 13. It's too difficult to get to the location where the mental health specialist is 1 2 3 4 5 14. I don't trust mental health professionals 1 2 3 4 5 15. My leadership would treat me differently 1 2 3 4 5 16. My leaders would blame me for the problem 1 2 3 4 5 17. I would be seen as weak 1 2 3 4 5 Rate the following statements regarding personal issues at home (1 = strongly disagree, 5 = strongly agree): 18. My relationship with my spouse is very stable 1 2 3 4 5 19. My relationship with my spouse makes me happy 1 2 3 4 5 20. Do you and/or your spouse have any plans to separate or divorce? Y N 21. My unit's rear detachment supports my family 1 2 3 4 5 22. My unit's family readiness group supports my family 1 2 3 4 5 Combat exposure: 23. How many times have you been attacked or ambushed? Never 1-5 times 6-10 times >10 times 24. How many times have you received small arms fire? Never 1-5 times 6-10 times >10 times 25. How many times have you seen dead bodies or human remains? Never 1-5 times 6-10 times >10 times 26. How many times have you cleared/searched buildings or homes? Never 1-5 times 6-10 times >10 times 27. How many times have you been responsible for the death of an enemy combatant? Never 1-5 times 6-10 times >10 times Rate the level of concern you have regarding the following (1 = not concerned at all, 5 = very concerned): 28. Being separated from family 1 2 3 4 5 29. Uncertain redeployment date 1 2 3 4 5 30. Duration of deployment 1 2 3 4 5 31. Lack of privacy 1 2 3 4 5 32. Boring and repetitive work 1 2 3 4 5 33. Living conditions 1 2 3 4 5 strongly agree): 34. My training in handling the stresses of deployment was adequate 1 2 3 4 5 35. My training in recognizing stress in other soldiers was adequate 1 2 3 4 5 Thank you for your honest responses.
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