Department of Defense

Department of Defense
(released by the Government 4/7/2005, released by the ACLU 4/14/05 | More Torture Documents Released Under FOIA))

Agency Stamp	Record	Date of Record	Record Description
002015A - 002027	Statement by General Paul Kern, Commanding General, US Army Materiel Command, before the Armed Services Committee, US Senate, on the Investigation of the 205th Military Intelligence Brigade at Abu Ghraib Prison, Iraq (Second Session, 108th Congress)	9/9/2004	Reports findings of investigation into Abu Ghraib. Testifies that "abuse--on the part of military intelligence and military police personnel--clearly occurred" and that senior level officers bore responsibility for lack of oversight, vague instruction, and failure to respond adequately. Abuse was either 1)intensely violent or sexual, or 2)based on misinterpretations or confusion regarding law or policy. Violent or sexual abuses did not result from policy and soldiers knowingly violated approved procedures, but confusion about authorized interrogation techniques (due to a proliferation of outside guidance), contributed to some non-violent and non-sexual abuses. Suggests need for further investigation regarding "ghost detainee" situation.
002028 - 002030	Email correspondence re Fw:FW VCSA Tasker - Detainee Abuse.htm	1/15/04 - 1/20/2004	Request for assistance in answering VCSA tasker
002031 - 002033	Email correspondence re FW: MP Training Support	5/21/04 - 5/26/04	Correspondence regarding detainee operation training to "suit brigade's needs."
002034 - 002035	Email from Training Operations to Julian H Burns re Updated 800th MP Bde Slide - Slide Attached	5/5/2004	"Forwarding updated 800th MP Bde training slide per COL Turner. Added 1003V training guidance." Slide is "Mobilization History" with "specified training tasks"
002036 - 002037	Letter from the Chief, Army Reserve Staff Group to Army Reserve Soldiers	5/17/2004	In face of detainee abuse scandal, commends Army Reserve soldiers for their service while reminding them of their moral and ethical responsibilities as soldiers and their obligation to uphold the reputation of the Army Reserve.
002038 - 002040	Information Paper on Detainee Operations before and after May 2004 60 Minutes broadcast on Abu Ghraib.	8/24/2004	FORSCOM G3 training was asked to provide information on actions taken in response to the detainee abuse situation before and after May 4, 2004. Gives sequence of events and answers to specific questions. Detainee Operations training given after May 4 included Geneva and Hague Conventions.
2041	Email from [redacted] to [redacted] re Detainee Ops 24 Aug	8/24/2004	Document attached. "Made the corrections…thanks."
002042 - 002046	3-29 FA Detainee Packet Checklist		Checklist is complete when the following items are included: EPW Tag (DA Form 2745)(or equivalent); Coalition Apprehension Form; Photograph of Detainee; Two Sworn Statements; Medical Screen (If needed), DA Form 4137 (If detainee has property). Requests unit of capture, recommendations, and detainee category.
002047 - 002063	TFIH Detention Operations		Agenda: Overview; Definitions; References; Property Accountability; Use of Force; Back-haul operations; Release process (Division level). Also gives "Issues," or problems within detainee operations, including "excessive detention period at BCTs," "All evidence not transported with detainee," and "Incomplete coalition capture forms/statements"
002064 - 002067	Checklist for Brigade Level Detention Facilities		35 questions regarding conditions/processes within detention facilities, as well as a form for "Overall Conditions of Facility"
002068 - 002069	Coalition Provisional Authority Forces Apprehension Form		Standard form requesting information about the detainee and the circumstances surrounding his apprehension
002070 - 002071	Memorandum for Record by the Provost Marshall of Task Force Ironhorse re Standard Operationg Procedure for Death of a Detainee		"The purpose of this memorandum is to outline the actions needed in order to properly dispose of and record the death of a Detainee in US custody. References used include Article 120 and Article 121 of the Geneva Convention: relative to the Treatment of Prisoners of War."
2072	3BCT Detainee Packet Checklist		Similar to 3-29 FA Detainee Packet Checklist plus "3BCT Weapons/Contraband Memo (DCCP only). Requests unit of capture, recommendations, and detainee category.
002073 - 002075	Detainee Process, Detainee Processing Flowchart, and TFIH DCCP Required documentation prior to in processing		Detainee is supposed to arrive at 3BCT detention facility within 18-24 hours and either released or transferred within 6 days. Delayed release/transfer is most often due to incomplete paperwork, in which case it can take up to 3 weeks to complete the packet and expedite the process.
002076 - 002077	Memorandum from Major General Odierno for TF Ironhorse Commanders, Leaders, and Soldiers re Treatment of Detainees in the Custody of U.S. Forces		"The purpose of this memorandum is to provide guidance for the treatment of enemy prisoners of war (EPW) civilian internees (CI) and other detainees (OD) in the custody of US Forces." Prohibits inhumane treatment of EPWs, CDs, and Ods. "Neither the stresstes of combat, nor deep provocation, will justify inhumane treatment."
002078 - 002084	Memorandum For Record from the Provost Marshall re Standard Operating Procedures for all Task Force Ironhorse Detainee Collection Points.	9/20/2003	"The purpose of this memorandum is to standardize the operations of the Task Force Detainee Collection Points and provide guidance for the handling of detainees….Detainees are transferred to the DCCP no later than fourteen days from the date of capture. Individuals include criminals, soldiers, terrorists, government officials, and anyone else who disrupts Coalition Forces' operations, poses a threat to U.S. soldiers, or has information of the same; and anyone who was actively engaged in and supported the removed regime." Detailed information is given in several areas, including medical operations and discipline/security. Some information is redacted.
002085 - 002090	Collection Points/Holding Areas Checklist		Yes/No questions regarding Facility, Detainees/Prisoners, Religious Freedoms, Food, Medical Attention, etc., along with Overall Condition of Facility.
2091	EPW Categories		Gives detailed description of EPW/Detainee categories, from Category A (High Level) to Category D (no information of intelligence value).
2092	Detainee Processing		Lists Packet Requirements, along with "New Guidance from Ironhorse" and instructions to "Think of detainee's packet like it is a court case…"
002093 - 002094	Memorandum for All Detainee Collection Point Visitors from Major General Odierno re Detainee Collection Point Access Control Guidance	9/21/2003	Limits outside access to detainees to the ICRC, legal representatives and certain members of the US/Coalition Forces
002095 - 002153	Geneva Convention relative to the Treatment of Prisoners of War
002154 - 002155	Memorandum for Record from the Provost Marshall re DCCP guidelines for the interrogation of prisoners	########	Prohibits striking of prisoners by interrogators. Holds Military Police (MP) solely responsible for all actions within the DCCP, and deems them accountable "regardless of the fact that they were outranked, quoted a regulation/policy they were not familiar with, or simply bullied into compromising our standards." MPs are instructed to immediately notify their supervisor if any questionable behavior during interrogation, an supervisor will log the action and make immediate contact to the Provost Office.
002156 - 002157	Detainee Process		Same as DOD 001032 (2 copies).
2158	3BCT Detainee Packet Checklist		Same as DOD 001031
002159 - 002192	Article 32 investigation of John C. McKenzie		Gives an account of an incident of abuse where an Iraqi guard was placed at gunpoint and beaten by US soldiers. The investigating officer concluded "By placing [the Iraqi] in fear of imminent death or bodily harm, he engaged in a type of mental torture," and recommended that SSG McKenzie be charged with Cruelty and Maltreatment and Assault with a Dangerous Weapon. The IO also believed SSG McKenzie might have been derelict in his duty as a supervisor when he failed to correct or report that his soldier had assaulted the Iraqi with his hand.
002193 - 002775	Court Martial Records of Megan Ambuhl		Court Martial Records of SPC Ambuhl, who herself did not participate in abuse but pled guilty to Dereliction of Duty for not reporting the activities of MP and MI personnel at Abu Ghraib Prison. She was sentenced to forfeiture of 1/2 months pay for one month and reduction to Private. Extenuation /mitigation document submitted/mitigation document submitted by Ambuhl explains context of abuse: "SPC Ambuhl's decion not to report alleged detainee abyse at Abu Ghraib BCCF clearly appears to be related to her lack of training as a corrections officer, a lack of understanding of proper procedures regarding treatment of detainees, and perceived influences from civilian and military intelligence agencies who she assumed had authority of the hard site." Also cites in mitigation to August 2002 Bybee memo concluding that "torture...covers only extreme acts." Ambuhl "thought some of the things I heard was authorized. The dietary and sleep stuff was common knowledge within the ICE. MP's using dogs to scared detainees, I think that was approved by our IROE."
002776 - 003195	Court Martial of SPC Armin J. Cruz		In October 2003, SPC Cruz participated in the abuse of detainees in the Hard Site at Abu Ghraib. Cruz and others ordered 3 detainees to strip naked. They were “afraid and deeply distressed”. There were at least half a dozen soldiers present. The detainees were handcuffed together with metal handcuffs “to mess with them”. Cruz and others made the detainees get down on the ground and crawl naked on their elbows such that their genitals were dragging along the floor, causing them “physical suffering” and humiliation. Another soldier made the detainees do “a lot of PT, jumping jacks, roll left or right” while naked. Cruz and others poured cold water on the detainees. Another Specialist was holding a camera. Ultimately the detainees “were handcuffed with their naked bodies pressed tightly together in such a fashion as to suggest the men were sodomizing one another” and while in this position Cruz used his feet “to press the detainees closer together”. The detainees “were in a state of terror, pain and hopelessness throughout the abuse (3102). When asked a Staff Sergeant and Corporal stated that they were “within their rights” to abuse detainees. At one point, Cruz noticed that one of the detainees started bleeding around the handcuffs. He told the soldiers to loosen the handcuffs and then he left. The next day he reported what had happened with the detainees. Cruz pled guilty to all charges was sentenced to a reduction in rank to Private E1 (from E4), confinement for 8 months and discharge with a bad-conduct discharge.
003196 -003710	Court Martial of First Lieutenant Glenn A. Niles		1LT Niles assaulted 3 detainees at Al Taji Police Station, Baghdad on 7/30/03. He admitted to striking 2 detainees in the stomach with a closed fist and kicking the third in the shoulder. A petition for clemency noted that the detainees had attempted to escape from detention by knocking a hole in the wall of the facility, the detainees had not been injured and the entire incident lasted 5 seconds. 1LT Niles was sentenced to a reprimand and forfeiture of $1003 pay permonth for 12 months
3711	Exemption notification		Bates Pages 3711 - 5918 (PFC Lynndie R. England Courts-Martial Record of Trial) have been withheld pursuant to FOIA Exemption B(7)(A)
005919 - 006232	Court Martial of Jeremy G. Sivits		Specialist Sivitz was arraigned at a special court martial in May 2004 for his role in abuses at Abu Ghraib prison on 11/8/03. He pled guilty to the charges of maltreating and conspiracy to maltreat detainees for his role in an incident of abuse in which photographs were taken of nude detainees who had been forced into a human pyramid position and otherwise sexually humiliated. He also pled guilty of dereliction of duty in that he negligently failed to protect detainees from abuse, cruelty and maltreatment. SPC Sivits testified that one of the soldiers told him that "they were told by [Military Intelligence] to keep doing what they were doing to the inmates because it was working, they were talking." As he was leaving, having "had enough," SPC Sivits was told by a Staff Sergeant "You didn't see shit." SPC Sivits sought clemency on the grounds that he had been honest, forthright and remorseful from the commencement of the investigation in to the abuse. He was sentenced to reduction in rank to Private E-1 (from E-4), confinement for one year, and discharge with a bad-conduct discharge.