Department of Navy Documents
(released by the ACLU 12/14/04, by the government 11/23/04)

Record
Date of Record M/D/Y
Date Released M/D/Y
Agency
 Record Description
U.S. Naval Criminal Investigation Service Inquiry into Alleged Assault of Iraqi POWs,
reported at Naval Hospital Oak Harbor
Report of Investigation (Closed) – Navy Hospital Oak Harbor Alleged Assault of Iraqi Prisoners of War. 02/18/04 11/23/04 USN Report of investigation of assault of one or more Enemy Prisoners of War (EPW) by USN employee in Iraq, reported at Naval Hospital Oak Harbor (NHOH). Summaries of interviews with NHOH corpsman re knowledge of mistreatment by their peers. Reports included “roughing up”, pushing EPW's face in dirt. Actions didn't merit prosecution/discipline so investigation closed.
Investigative Action, Whidbey Island – Navy Hospital Oak Harbor Alleged Assault of Iraqi Prisoners of War. 10/14/03 11/23/04 USN Summaries of interviews with USN medical employees re knowledge of abuse of EPWs while deployed to Iraq.
Investigative Action, Whidbey Island – Navy Hospital Oak Harbor Alleged Assault of Iraqi Prisoners of War. 10/07/03 11/23/04 USN Summaries of interviews with USN medical employees re knowledge of abuse of EPWs while deployed to Iraq. Includes suggestion that Iraqi soldier came back “messed up”.
Investigative Action, Whidbey Island – Navy Hospital Oak Harbor Alleged Assault of Iraqi Prisoners of War. 10/07/03 11/23/04 USN Summaries of interviews with USN medical employees re knowledge of abuse of EPWs while deployed to Iraq. Reports that when an Iraqi was deemed an EPW, he would be taken to an empty swimming pool, handcuffed, leg cuffed and have a burlap bag placed over his head. He would remain in the kneeling position “no longer than 24 hours” while awaiting interrogation. EPWs would be yelled at or jerked into an upright position if misbehaving. Despite this description, interviewee stated that he “never saw any instances of physical abuse”. Since returning to NHOH, all corpsman “experienced some form of problem from what they observed in Iraq.”
Investigative Action, Whidbey Island – Navy Hospital Oak Harbor Alleged Assault of Iraqi Prisoners of War. 10/08/03 11/23/04 USN Summaries of interviews with USN medical employees re knowledge of abuse of EPWs while deployed to Iraq. Interviewee witnessed Marines “throw down prisoners and conduct “rough” searches on them,” including rough handling of EPWs by Marines in Nasaria about the end of March 2003. Stated that “there was a lot of peer pressure to keep one's mouth shut and “do what they do””. He suffered ill effects related to his deployment in Iraq (trouble sleeping etc.)
Statement to Naval Criminal Investigation Service Resident Agency Whidbey Island, WA by person currently assigned to NHOH re Alleged Assault of Iraqi Prisoners of War 10/08/03 11/23/04 USN Statement by medical personnel re knowledge of abuse of EPWs while deployed to Iraq. Includes statement that told “not to exhaust our resources on the Iraqis”. “Several Marines told me that if provided medical Services to any Iraqi military or civilian [sic], that they would kill me.” Notes that [redacted] told him that he “roughed up some Iraqi military EPWs. For example, he said that the EPWs would be cuffed and laying on the ground.. [redacted] forced their heads down in the dirt, which was a cultural insult to them.” Notes use of physical force to “set the EPWs straight”, including hitting with a water jug.
Military Suspect's Acknowledgment and Waiver of Rights re Interview concerning Alleged Assault of Iraqi Prisoners of War 10/08/03 11/23/04 USN
Statement to Naval Criminal Investigation Service Resident Agency Whidbey Island, WA by person currently assigned to NHOH re Alleged Assault of Iraqi Prisoners of War 10/08/03 11/23/04 USN Statement by medical personnel re knowledge of abuse of EPWs while deployed to Iraq. Majority of people taken as EPWs were actually looters. Sometimes had to force EPWs to ground by tripping them. Refers to use of sticks to show force but was never used to abuse. Remembers forcing EPWs face in the dirt.. “it is a huge insult to their culture.”
Record name 10/08/03 11/23/04 USN Explainer
Report of Investigation (Open) – Navy Hospital Oak Harbor re Alleged Assault of Iraqi Prisoners of War. 10/06/03 11/23/04 USN Report of investigation of assault of one or more Enemy Prisoners of War (EPW) by USN employee in Iraq, reported at Naval Hospital Oak Harbor (NHOH). Reports included “roughing up” some EPWs in Iraq.
Handwritten note - query information relevant to NCIS inquiry 11/23/04 USN
Logistical emails re NHOH Alleged Assault of Iraqi Prisoners of War Inquiry 05/21/04 11/23/04 USN
Emails (parties redacted) re “NHOH Issue” 09/25/03 11/23/04 USN Email asks what to do re HN who was in Iraq and recently made comment re having “roughed up” prisoners. Response notes that “there have been some serious issues/cases over there involving some other US Svc Mbrs, including one death of a prisoner.” Later email tells recipient to investigate and conduct interviews.
String of emails attaching report on NHOH Inquiry re allegation of mistreatment of EPW in Iraq, and discussing status of inquiry. 01/23/04 11/23/04 USN Comment before report notes "we hope to close this, as appears to be a lot of "talk or bluster by the HM from here."
Hand-written NCIS investigative notes re NHOH Inquiry re allegation of mistreatment of EPW in Iraq. 10/07/03, 10/08/03 11/23/04 USN Refers to Marines throwing prisoners down, “rough searches (hurt)”, Marine preferring to set people straight using physical force, other information as reported in typed statements and investigative action reports.
U.S. Naval Criminal Investigation Service Inquiry into Alleged Execution of Iraqi POWs,
conducted at Camp Pendleton, California
Cover sheets re NCIS Inquiry, Camp Pendleton, re Alleged Execution of Iraqi Prisoners 06/23/03 11/23/04 USN
Report of Investigation (closed) – Camp Pendleton, re Alleged Execution of Iraqi POWs 06/23/03 11/23/04 USN Case summary: Combat officer told by member of his unit at a party on 06/12/03 that he and 2 other Marines had been ordered to execute 3 Iraqi EPWs. Execution allegedly took place in April 03 at pharmaceutical plant south of Baghdad. After executions bodies were disposed of in hole. Interviews conducted with 5 people present when statement made. Person who made statement said next day that he made up story to tell friends when intoxicated. Following polygraph, deemed that no further investigation necessary.
Records of interview and statements of individuals who witnessed the 06/12/03 statement that was subject of NCIS Investigation – Camp Pendleton, re Alleged Execution of Iraqi POWs, and statement of suspect. 06/13/03 11/23/04 USN Interview recount statements made at party on 06/12/03 re execution of 3 EPWs in Iraq, and interviewees' opinion as to whether or not statements were truthful. Most considered statements to be truthful. One interviewee noted that he was taken on convoy to pharmaceutical plant several days after incident – civilians were different to others, appeared terrified. [Redacted] was specifically not allowed to go on convoy which was unusual. Statement of suspect recounts statement and explains that it was a lie.
Polygraph in Investigation – Camp Pendleton, re Alleged Execution of Iraqi POWs: Results; waiver of rights for polygraph and interview; Action sheet requesting polygraph services (enclosing case summary); Polygraph examination technical data sheet. 06/13/03 11/23/04 USN
Hand-written investigation interview notes in Investigation – Camp Pendleton, re Alleged Execution of Iraqi POWs 06/13/03 11/23/04 USN
U.S. Naval Criminal Investigation Service Inquiry into Alleged Execution of Iraqi POWs,
conducted at Camp Pendleton, California
Statement and results of interviews re NCIS investigation into alleged execution of Iraqi POWs, and hand-written interview notes. 06/13/03, 07/06/03 11/23/04 USN At pool therapy, 1st Sgt relayed story about stabbing dead Iraqi soldiers and killing wounded Iraqi soldiers. One interviewee describes statements made by 1st Sgt including shooting Iraqi soldiers, stabbing Iraqis. Another finds stories incredible, suspects fabrication.
U.S. Naval Criminal Investigation Service Inquiry into killing of El Gashame, conducted at Bahrain.
NCIS investigation into shooting and killing of El Gashame, EPW at Collection Point near Nasiriyah, Iraq: Results of interviews; Death Scene Examination (incl. diagrams); Handwritten statement from personnel at EPW detention facility, and notice of acquisition of statement; Death certificate 03/30/03 11/23/04 USN Supervisor believes that guard acted in self-defense.
U.S. Naval Criminal Investigation Service electronic communications and other agency documents
Email from Division Chief, Personal Crimes Department, NCIS HQ attaching EPW case summaries 05/25/04 11/23/04 USN
Summaries of NCIS Investigations Regarding the Deaths or Mistreatment of EPWs 05/13/04 11/23/04 USN Redacted descriptions of 6 investigations and one preliminary inquiry into deaths/mistreatment of EPWs. Victims Hatab, Mohamed, Jamadi entirely redacted. Describes NHOH Whidbey Island investigation into alleged assault of Iraqi POWs, Camp Pendleton Inquiry into alleged execution of Iraqi POWs, Inquiry into Alleged Execution of Iraqi POWs, and case of El Gashame.
Email (parties redacted) re “FW: Updated Detainee Case Spreadsheet 16Jun04” with spreadsheet attachment 06/16/04 11/23/04 USN Email attaching spreadsheet notes one case Command is investigating under the category “other”, and states “Not sure if we were ever notified on that one.”
Spreadsheet: USMC Alleged Detainee Abuse Cases Since Sept. 11, 2001 (as of June 16, 2004) 06/16/04 11/23/04 USN Table includes10 substantiated incidents, 10 unsubstantiated incidents and one “other” (detainee death investigated with no allegation of abuse), 3 investigations pending. Includes details of incidents. Substantiated incidents include: beating detainees with fists; holding pistol to detainee's head while another Marine took a picture, and photographing detainee with American Flag draped over detainee's body (Karbala, Iraq); spraying detainee with fire extinguisher; electric shocking detainee (Al Mahmudiya, Iraq); burning detainee's hands (2nd degree burns) (Al Mumudiyah, Iraq).
Email (parties redacted) re “FW: USMC Detainee Case Rpt July 8, 2004” with spreadsheet attachment 07/09/04 11/23/04 USN Notes statistics and changes since last report – case that was in “other” is now unsubstantiated; 1 new case pending investigation
Spreadsheet: USMC Alleged Detainee Abuse Cases Since 11 Sep 01 (as of July 8, 2004) 07/08/04 11/23/04 USN New addition since previous table: ‘unsubstantiated' incident with 8 Marines in Afghanistan. Investigators found no abuse or injury, actions inkeeping with Marine training (found detainees forced to stand with extended arms and kneel in place for ‘only' up to 20 minutes as punishment or control for sleep deprivation).
Email (parties redacted) re “FW: USMC Alleged Detainee Abuse Cases” with spreadsheet attachment 07/29/04 11/23/04 USN No substantive changes, minor details updated.
Spreadsheet: USMC Alleged Detainee Abuse Cases Since Sept. 11, 2001 (as of July 29, 2004) 07/29/04 11/23/04 USN
Email (parties redacted) re “FW: USMC Alleged Detainee Abuse Cases” with spreadsheet attachment 08/05/04 11/23/04 USN 1 new unsubstantiated case; 1 case moved from Other to unsubstantiated.
Spreadsheet: USMC Alleged Detainee Abuse Cases Since Sept. 11, 2001 (as of Aug. 5, 2004) 08/05/04 11/23/04 USN Incident moved from “Other” category to unsubstantiated: Alleged that while in custody of Marines or TF 626 detainees struck with rifle, sodomized with rifle muzzle. Found that no evidence that abuse occurred in Marine custody.
Email (parties redacted) re “FW: USMC Alleged Detainee Abuse Cases” with spreadsheet attachment 07/22/04 11/23/04 USN No substantive changes
Spreadsheet: USMC Alleged Detainee Abuse Cases Since Sept. 11, 2001 (as of July 29, 2004) 07/22/04 11/23/04 USN
String of Emails (parties redacted) re EPW issues 05/26/043 11/23/04 USN Initial email from NCIS HQ trying to track down particular Marine. One reply states that HQMC was onto issue, and “by the way, the guy under the hood is one of the interpreters and they did the photo shoot voluntarily.”
Emails (parties redacted) re USN MA's Dog Handlers, Abu Ghraib abuse investigation 05/13/04, 05/14/04 11/23/04 USN Email from person at CIDC advising that NCIS contacted HQ asking to interview USN personnel who may have been part of Abu Ghraib investigation. Provides list of names – doesn't know who interviewed them (“might have been us, might have been MG TAGUBA's team or others”). Requests copies of any interviews. “USN interest is in ensuring their folks are working inbounds and there are no potential misconduct issues Sec Nav should be aware of.” Email from NCIS reports military working dog handler working in Abu Ghraib who provided statement but wasn't implicated. Replies locating relevant information with names redacted.
String of emails attaching report on NHOH Inquiry re allegation of mistreatment of EPW in Iraq, and discussing status of inquiry." 05/28/04-06/07/04 11/23/04 USN Email from NCIS HQ seeks information on incident mentioned in USMC report to White House via Sec Def of all Iraqi detainee abuse and death cases. He had not heard of one incident concerning detainee who is suspected of dying of head injuries after jumping out of window at Husaybah, Iraq in April 2004. One reply states that Command is aware of issue, and attaches CG letter. Also states that Operations Branch of the SJA has cognizance of all EPW deaths. Another email notes that NCIS has incident listed at #3 and 7 of report. A USMC email notes that author spoke with [redacted name] IMEF Fallujah about this case – he said he didn't notify NCIS of the death. He also advised that NCIS wasn't notified about the 06/01/03 suspected abuse by 1st Marine Division of having 4 Iraqi juveniles kneel beside two shallow fighing holes while pistol discharged in mock execution. Author requested amended IMEF format to reflect allegations where NCIS notified. Replies say that IMEF SJA ordered to correct their report for Sec Def. NCIS response states that “only because IMEF erroneously listed NCIS on two cases that we were never notified on or conducted an investigation.”
Email (parties redacted) forwarding detainee updates 08/27/04 11/23/04 USN
Email from Deputy Assistant Director, Counterterrorism Department, NCIS HQ to redacted recipient re Allegations of detainee abuse 08/02/04 11/23/04 USN Email states that author received call from CITF re letter from FBI detailing 3 incidents where FBI agents have reported they observed detainees being abused at GTMO.2 incidents were witnessed from observation room, 3rd unclear how witnessed. No known DON involvement or witnessing by CITF/NCIS personnel. One incident involves “enlisted member (probably Army), another a DIA employee and the third, a dog and a detainee #63. ACID intends to refer the matter to SOUTHCOM but it may be.. referred to NCIS”. Reply states “we'll be looking for a referral."
Emails between Division Chief, Personal Crimes Department, NCIS HQ and [redacted] re Detainee abuse investigations 06/28/04 11/23/04 USN NCIS has received 3 referrals from CITF re alleged detainee abuse at Gitmo. Held off initiating action pending DOD/Navy IG's input on “abuse criteria” and the individual MCIO's AOR: “it's come down to Gitmo and IMEF in Iraq belonging to NCIS and everything else to Army CID.” Considers criteria for accepting cases: “the key will be to determine the “aggravated” factor vs. simple assault.” Anticipates working on these 3 cases, so giving heads up re manpower needs at Gitmo. Reply states that “the manpower in Gitmo is already critical and they are swamped."
Emails between army personnel and navy personnel forwarding DOD Directive re Detainee Death Investigations, including “HA Interim Policy” attachment. 06/21/04 11/23/04 USN Navy email instructs recipient “try to find that body, we'll exhume if possible”. Later email states “I feel we need to engage HQMC to press down on the IMEF/DIV to cease this interference, our folks over there are under enough pressure without fighting these internal USMC battles just to do what we're requiring them to do.”
Memorandum from Secretary of Defense to Secretaries of Military Departments, Under Secretaries of Defense and other DOD officers and departments, re “Procedures for Investigation into Deaths of Detainees in the Custody of the Armed Forces of the United States 06/09/04 11/23/04 USN Refers to other earlier Directives, including DOD Law of War Program, DOD Program for EPWs that establish procedure for investigation of possible violations of protections afforded EPWs and other detainees. Commander must immediately report death to responsible investigative agency and an autopsy shall be performed.
Emails from Special Agent, NCIS Middle East Field Office to [redacted] re MEFO Personnel Movements in Iraq, including attachment of RRS 14 Jun 04. 06/14/04 11/23/04 USN Deployment of extra personnel to Iraq because “case load is exploding, high visibility cases are on the rise”… “we have scrubbed all of our personnel and have no other trained personnel (either ITI or fmr USMC) available to deploy.” Later email includes latest case control summary for OPEN Team Iraq cases, not showing detainee death and Abu Ghraib IED case (“suspects caught, four USMC KIA”). “Also, six additional cases in Al Asad that are in the process of being entered/fleshed out can provide additional detail.”
Table of Pending Cases for RRS Squad 06/14/04 11/23/04 USN 15 cases listed alphabetically
Emails between Army and Navy personnel[parties redacted] re CID Guidance 12/02/03, 12/23/03 11/23/04 USN Initial email Dec 02 from Chief, Investigative Operations Division (address at belvoir.amy) contains text of CIDR on Army policy for reporting criminal investigations (ROIs) in deployment situations. Advises that can't share language of directive for investigation of hostile fire deaths (murder) because of security classification.
Emails (parties redacted, except addresses at army and NCIS) re “COL Fortune." 08/19/03-08/27/03 11/23/04 USN CITF email asks question re location of autopsy if detainee dies in custody – can it be brought to US or must it go to Germany? Response from Army suggests talking to Army and DOD and CID Command: “I suspect that remains should probably NOT be brought to the U.S. for legal reasons.” Emails forwarded to NCIS. Suggestion that this was already worked out in MOU. AFIP renewed commitment to respond to GTMO in even of a detainee death “or as previously occurred, a incident where death was believed imminent.”
Reproductions of Emails at 3805-3809 11/23/04 USN
Emails (parties redacted) re “Weekend Incidents in Iraq” 06/21/04 11/23/04 USN Detainee death during an Army raid of a house in Iraq involving support by USMC. Iraqi “who was detained and “ziplocked” (flexi-cuffed) died while in custody.” Preliminary information is that detainee died from apparent heart attack. Army CID has lead on investigation, NCIS assistance, if any, will be in support of CID effort.
Emails between NCIS, Spain and [redacted] re USN MWD dog handler at Abu Ghraib 05/14/04,
06/02/04		 11/23/04 USN Follows up to ask whether CID HQ came through with any information on dog handler at Abu Ghraib who gave statement to Army CID but wsn't implicated. States that a picture of “Clark and his dog” were on front page of El Mundo with article (“mostly fluff”).