FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE DEPARTMENT OF THE

FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE DEPARTMENT OF THE ARMY

UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND PRISONER INTERROGATION TEAM (PIT)(CID)

75TH MILITARY POLICE DETACHMENT (-) BAGHDAD CORRECTIONAL CONFINEMENT FACILITY

ABU GRAIB, IRAQ APO AE 09342

CIRB-PIT 24 AUG 04

MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: CID REPORT OF INVESTIGATION - 3D FINAL SUPPLEMENTAL -0013-04- CID789-83982-5H6 / 5Y3

DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 10 APRIL 2004/1930 HRS - 10 APRIL 2004/2130

HRS, HARDSITE, BAGHDAD CENTRAL CONFINEMENT FACILITY (BCCF), ABU GHRAIB, IZ, GRID 38S MB130840

2. 11 APRIL 2004/0500 HRS - 11 APRIL 2004/0540 HRS, HARDSITE, BCCF

2. DATE/TIME REPORTED: 10 APRIL 2004, 2200

3. INVESTIGATED BY: SA IC/-4 i bb-1 b.?! SA 7C ) 136, - / , SA I b Cc, D 7-4; SA - / b/ -! b

4. SUBJECT: 1. [CORRECTED] MAHMOOD, KHALID ABBAS (DECEASED); CIVILIAN; PRISONER IDENTIFICATION NUMBER (PIN), TAS00012; UNKNOWN, IZ; M; WHITE; DETAINEE; BCCF, ABU GHRAIB, IZ; (NFI); [RIOTING]

2. [CORRECTED] FARHAN, MUSA ABBAS (DECEASED); CIVILIAN; PIN 3153; UNKNOWN, IZ; M; WHITE; DETAINEE; BCCF; (NFI); [RIOTING]

3. NONE. (NFI); [JUSTIFIABLE HOMICIDE]

VICTIM: 1. U.S. GOVERNMENT; (301 5' MILITARY POLICE COMPANY) [RIOTING]

2. U.S. GOVERNMENT; (K COMPANY, 3/24TH MARINE) [RIOTING]

3. [CORRECTED] MAHMOOD, KHALID ABBAS (DECEASED); CIVILIAN; PIN TAS00012; UNKNOWN, IZ; M; WHITE; DETAINEE; BCCF; (NFI); [JUSTIFIABLE HOMICIDE]

4. [CORRECTED] FARHAN, MUSA ABBAS (DECEASED); CIVILIAN; PIN 3153; UNKNOWN, IZ; M; WHITE; DETAINEE; BCCF; (NFI); [JUSTIFIABLE HOMICIDE]

THIS IS AN "OPERATION IRAQI FREEDOM" INVESTIGATION.

FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE

DOD-DOACI D001892

FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE 0013-04-C1D789-83982

INVESTIGATIVE SUMMARY:

On 10 Mar 04, this office was notified by the 391 5 Military Police (MP) Battalion (Bn), Abu Ghruyeb Prison, Abu Ghruyeb, Iraq that Detainee HAMED, was shot and killed by MP guards and Detainee APOSS, was shot and killed by Marines when they escaped after rioting in tiers 5a and 5b of the Abu Ghruyeb Prison Hardsite.

Investigation revealed between 10 Apr 04 and II Apr 04, Detainees MAHMOOD and FARHAN were killed while attempting to escape, during a riot at the Hardsite, BCCF.

STATUTES:

18 USC, SEC 1792: Rioting Article 118, UCMJ: Murder (Justifiable Homicide)

EXHIBITS/SUBSTANTIATION:

ADDED ATTACHED:

8. AIR of SA IC,-/ -110 Aug 04, detailing a review of Detainee not in camp roster, administrative review of this investigation, and coordination with Arabic Linguist.

9. Database printout.

10. Handwritten Translation.

11. AIR of SA --7C - / i m-1 23 Aug 04, detailing coordination with Coalition Provisional Authority, Hardsite, BCCF, Ministry of Justice, Hardsite, BCCF, Prison Health Unit, Hardsite ; BCCF, 391 5 MP Bn, 301 5 MP CO, Magistrate Cell and BCCF Hospital.

12. CPA Database printout.

13. Ledger Entry, Iraqi Corrections Services, Ministry of Justice.

14. Significant Incident Report, 10 Apr 04.

15. Ledger Translation.

16. Packet containing incident reports, 301 5 MP CO.

17. Compact Disc. 001304.789.

ADDED NOT ATTACHED: ri

None.


2

DOD-DOACID001893

FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE 0013-04-C1D789-83982

The originals of Exhibits 8 and 10 are maintained in the files of the Detainee Assessment Task Force (DATF), USACIDC. The original of Exhibit 9 is maintained in the files of Detainee Operations, MNC-I. The originals of Exhibit 11, 15 and 17 are attached to the USACRC copy of this report. The original of Exhibit 12 is maintained in the files of CPA, BCCF. The original of Exhibit 13 is maintained in the files of Legal Services, Ministry of Justice, BCCF. The original of Exhibit 14 is maintained in the files of the 391' MP Bn, Abu Ghraib, IZ. The original of Exhibit 16 is maintained in the files of the 301' MP CO, Abu Ghraib, IZ.

Status: This is a Final Supplemental Report. Commander's Report of Disciplinary Action (DA Form 4833) is not needed.

Report Approved By:

/

CW2, MP

Special Agent in Charge

DISTRIBUTION:

1 - DIR, USACRC, Fort Belvoir, VA 22060 (original) 1 - THRU: 22D MP BN (CID) (FWD) (email only)

THRU: CDR, 3RD MP Group (CID) (email only) TO: CDR, HQUSACIDC (email only)

1 - AFIP, Attn: OAFME, Rockville, MD (email only) 1 - CHIEF OF STAFF, DETAINEE OPERATIONS, CJTF-7 (email only) 1- PMO, MNC-I (COL 746b- 3 mail only) 1 - CDR., 391ST MP BN, BCCF, Iraq (email only) 1- CDR, BCCF, Iraq (COL 7r:- / N3 (email only) 1 - SJA, 504TH MI BDE, BCCF, Iraq (email only) 1 - LNO, CID, MNC-I (For further distribution) (email only) 1 - File


3

DOD-DOACID001894

DEPARTMENT OF THE ARMY UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND

PRISONER INTERROGATION TEAM (PIT)(CID) 75TH MILITARY POLICE DETACHMENT (-)

BAGHDAD CENTRAL CONFINEMENT FACILITY APO AE 09342

CIRD-PIT 21 JUN 04


SUBJECT: CID REPORT OF INVESTIGATION - 2D FINAL SUPPLEMENTAL-0013-04-CID789-83982-5H6-5Y3

DATES/TIMES/LOCATIONS OF OCCURRENCES: 1 . 10 APR 04/1930 - 11 APR 04/0540, BAGHDAD CENTRAL

CONFINEMENT FACILITY (BCCF), ABU GHRUYEB, IRAQ

DATE/TIME REPORTED: 11 APR 2004, 0600

INVESTIGATED BY: SA bb'/; SA

bz- SA le -/ bb - 1

SUBJECT: 1. HAMED, ABBAS KHALID (DECEASED); CIVILIAN; INTERNMENT SERIAL NUMBER (ISN) 26162; UNKNOWN, IZ; M; WHITE; DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI)[RIOTING]

2. APOSS, KNALED (DECEASED); CIVILIAN; PRISONER IDENTIFICATION NUMBER (PIN) 000012; UNKNOWN, IZ; M; WHITE, DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [RIOTING]

3. NONE. (NFI) [JUSTIFIABLE HOMICIDE]

5. VICTIM: I. U.S. GOVERNMENT; (301ST MILITARY POLICE COMPANY (USAR). BCCF. ABU GHRUYEB, IZ) (SAN JUAN, PR) [RIOTING]

2. U.S. GOVERNMENT; (K COMPANY, 3/24TH MARINES, BCCF, ABU GHRUYEB, IZ) (CAMP PENDLETON, CA) [RIOTING]

3. HAMED, ABBAS KHALID (DECEASED); CIVILIAN; ISN 26162; UNKNOWN, 17.; M; WHITE; DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [JUSTIFIABLE HOMICIDE]

4. APOSS. KNALED (DFCEASED): CIVILIAN: PIN 000012: I *NKNOWN. 17: M: WHITE. DETAINEE: BCCF. ABU CiHRUYEB, IL; ZZ (NH)

HHABLE HOMICIDE)

O1 I ()NIA - A \\• Rci .:NIE N T sliN s il

4

DOD-DOACID001895


THIS IS AN "OPERATION IRAQI FREEDOM" INVESTIGATION.

This investigation was initiated upon notification by the 391st MP BBN, BCCF that a riot took place in Tiers 5A and 5B of the BCCF. During the riot, Detainee HAMED was shot and killed by SPC tb- 4 301st MP Company, BCCF, Abu Ghruyeb and Detainee APOSS was shot and killed by LCPL 7C- 4, h6 '74

Company, 3/24th Marines, BCCF, Abu Ghruyeb.

Investigation established probable cause to believe Detainee APOSS and HAMED committed the offense of Rioting when they caused a commotion in the BCCF. The shooting of both detainees was justifiable and no criminal offenses were committed by either SPC 7e4 )r LCPL 76166 -9

STATUTES:

18 USC, SEC 1792: RIOTING Article 118, UCMJ: MURDER (JUSTIFIABLE HOMICIDE)

EXHIBITS/SUBSTANITATION:

ADDED ATTACHED:

6. AIR of SA 10,11 hal 7 Jun 04. detailing coordination and attempts to obtain death certificates pertaining to both detainees.

7. Certificate of Death, unsigned, pertaining to Detainee HAMED.

ADDED NOT ATTACHED:

None

The originals of Exhibits 6 and 7 are attached to the USACRC copy of this report.

STATUS: This is a Final Supplemental Report. This investigation was being terminated lAW CIDR 195-1, para 4-17 (a)(6) in that the Special Agent in Charge determined that furtherance of the investigation would be of little or no value and leads remaining are insignificant. Commander's Report of Disciplinary Action Taken (DA Form 4833) is not required.

FOR OFFICIAL. USE ONLY LAW ENFORCEMENT SENSITIVE

DOD-DOACI D001896

Report Prepared,:Approved By

special Agent in Charge

DISTRIBUTION:

1 -Director, USACRC, (ATTN: CICR-CR), 6010, 6th Street, Fort Belvoir, VA 22060-5506 (original) 1 - CDR, USACIDC, (ATTN: CLOP-COP-CO), Fort Belvoir, VA 22060-5506 I - THRU: CDR, 22nd MP BN (CID) (FWD) (on CD)

TO: CDR, 3rd MP Group (CID) 1 - LNO, CID, CJTF-7 (For further distribution) (email only) 1 - SJA, 504th MI Brigade (ATTN: CPT 7e, -.3 ; 10. CCF

- CDR, 16th Military Police Brigade (ATTN: COL 1c.-5 Victory Camp, APO AE 09342 I - CDR, 391st MP BN (ATTN: LTC - 76, b6-3 I3CCF 1 - File

FOR OFFICIAL 1.iSE ONLY LAW ENFORCEMENT SENSITIVE

8

DOD-DOACI D001897



BAGHDAD CORRECTIONAL CONFINEMENT FACILITY APO AE 09342

CIRD-PIT 26 APR 04


SUBJECT: CID REPORT OF INVESTIGATION - FINAL SUPPLEMENTAL -0013- 04-CID789-83982-5H6-5Y3

DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 10 APR 04/1930 - 11 APR 04/0540, BAGHDAD CORRECTIONAL


DATE/TIME REPORTED: I I APR 2004, 0600

INVESTIGATED BY: SA 7d_r/ SA le- i (.b-/ b-/ ,

by SA 7e -/

SUBJECT: 1. HAN/IED. ABBAS KHALID (DECEASED); CIV: INTERNMENT SERIAL NUMBER (ISN) 26162; UNKNOWN. IZ; M; WHITE; DETAINEE; BCCF. ABU GHRUYEB, IZ; ZZ (NFI)[R1OTING]

2. APOSS, KNALED (DECEASED); CIV; PRISONER IDENTIFICATION NUMBER (PIN) 000012; UNKNOWN, IZ; M; WHITE. DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [RIOTING]

3. NONE. (NF1) [JUSTIFIABLE HOMICIDE]

VICTIM: 1. U.S. GOVERNMENT; (301ST MILITARY POLICE COMPANY (USAR), BCCF, ABU GHRUYEB, IZ) (SAN JUAN, PR) [RIOTING]

2. U.S. GOVERNMENT; (K COMPANY. 3/24TH MARINES, BCCF, ABU GHRUYEB. IZ) (CAMP PENDLETON. CA) [RIOTING]

3. HAMED. ABBAS KHALID (DECEASED): CIV; INTERNMENT SERIAL NUMBER (ISN) 26162: UNKNOWN, IZ: M; WHITE: DETAINEE: BCCF. ABU GHRUYEB. IZ: ZZ (NEI) [JUSTIFABLE HOMICIDE]

4. APOSS. KNALED (DECEASED); CIV: PRISONER IDENTIFICATION NUMBER (PIN) 000012; UNKNOWN. IZ: M: WHITE. DETAINEE: BCCF. ABI' GHRUYEB. IZ: ZZ (NFL) I.IUSTIFABLE HOMICIDE'

DOD-DOACI D001898

iNVESTIGATIVE SUMMARY: THE INFORMATION IN THIS REPORT IS BASED UPON AN ALLEGATION OR PRELIMINARY INVESTIGATION AND MAY CHANGE PRIOR TO THE COMPLETION OF THE INVESTIGATION.

-'THIS IS AN OPERATION IRAQI FREEDOM INVESTIGATION"

This investigation was initiated upon notification by the 391 51 Military Police (MP) Battalion (BN), BCCF, Abu Ghruyeb, Iraq that a riot took place in Tiers 5A and 5B of the BCCF. During the riot, Detainee HAMED, was shot and killed by SPC 66-*

16 ;01ST MP Company, BCCF, Abu Ghruyeb, Iraq and Detainee APOSS was shot and killed by LCPL 7G -171 I 66 - Company, 3/24TH Marines, Abu Ghruyeb, Iraq.

Investigation established probable cause to believe Detainees APOSS and HAMED committed the offense of Rioting when they caused a commotion in the BCCF resulting in the use of force by responding Military Police. The shooting of both detainees' was justifiable and no criminal offenses were committed by either SPC LCPL

STATUTES:

18 USC, SEC 1792: RIOTING Article 118, UCMJ: MURDER (JUSTIFIABLE HOMICIDE)


ADDED ATTACHED:

None.

ADDED NOT ATTACHED:

None.

STATUS: This is a Final Supplemental Report. Commander's Report of Disciplinary . Action Taken (DA Form 4833) is not required.

Report Prepared By: Report/Approved By:

T-11 bb -/ 1(1,4, ?-/

dY

ci

DOD-DOACI D001899

DISTRIBUTION:

1 —Director, USACRC, (ATTN: CICR-CR), 6010, 6th Street, Fort Belvoir, VA 22060-5506 (original) 1 - CDR, USACIDC, (ATTN: CIOP-COP-00), Fort Belvoir, VA 22060-5506 1 - CDR, 22nd MP BN (CID) (FWD) , 1 - CDR, 3rd MP Group (CID) (email only) 1 - LNO, CID, CJTF-7 (For further distribution) (email only) I - SJA, 504th MI Brigade (ATTN: CPT xa / 42,- BCF 1 - CDR, 16th Military Police Brigade (ATTN: COL 74:, ,b0 3 1, Victory Camp, APO AE 09342 1 - CDR, K Company, 3/24th Marines, BCCF 1 - CDR, 391st MP BN (ATTN: LTC 7C3 i1x 3 BCCF 1 — File

DOD-DOACID001900




CIRD -PIT 22 APR 04


SUBJECT: CID REPORT OF INVESTIGATION - 1ST SUPPLEMENTAL -SSI-0013- 04-CID789-83982-5H6-5Y3

1. DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 20 APR 04/1930 - 11 APR 04/0540, BAGHDAD CORRECTIONAL


2. DATE/TIME REPORTED: 11 APR 2004, 0600

3. INVESTIGATED BY: SA 71 '1 /6-1 bee-/

SA SA

4. SUBJECT: 1. [CORRECTED] HAMED, ABBAS KHALID (DECEASED); INTERNMENT SERIAL NUMBER (ISN) 26162; UNKNOWN, IZ; M; WHITE; DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFO[RIOTING]

2. [CORRECTED] APOSS, KNALED (DECEASED); PRISONER IDENTIFICATION NUMBER (PIN) 000012; UNKNOWN, IZ; M; WHITE, DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [RIOTING]

3. [CORRECTED] UNKNOWN. (NFI) [JUSTIFIABLE HOMICIDE]

5. VICTIM: I. [CORRECTED] U.S. GOVERNMENT; (301ST MILITARY POLICE COMPANY (USAR), BCCF, ABU GHRUYEB, IZ) (SAN JUAN, PR) [RIOTING]

2. [CORRECTED] U.S. GOVERNMENT; (K COMPANY, 3/24TH MARINES. BCCF, ABU GHRUYEB, IZ) (CAMP PENDLETON, CA) [RIOTING]

3. [CORRECTED] HAMED, ABBAS KHALID (DECEASED); 1NTERNiviENT SERIAL NUMBER (ISN) 26162; UNKNOWN, M; WHITE; DETAINEE: BCCF. ABU GHRUYEB. IZ: ZZ (NF1) [JUSTIFABLE HOMICIDE]

DOD-DOACI D001901

4. [CORRECTED] APOSS, KNALED (DECEASED); PRISONER IDENTIFICATION NUMBER (PIN) 000012; UNKNOWN, IZ; M; WHITE, DETAINEE; BCCF, ABU GHRUYEB, 12; ZZ (NF1) [JUSTIFABLE HOMICIDE]

6. INVESTIGATIVE SUMMARY: THE INFORMATION IN THIS REPORT IS BASED UPON AN ALLEGATION OR PRELIMINARY INVESTIGATION AND MAY CHANGE PRIOR TO THE COMPLETION OF THE INVESTIGATION.

"THIS IS AN OPERATION IRAQI FREEDOM INVESTIGATION"

ON 11 APR 04, THIS OFFICE WAS NOTIFIED BY THE 391 ST MILITARY POLICE (MP) BATTALION (BN), ABU GHRUYEB PRISON, ABU GHRUYEB, IRAQ THAT DETAINEE HAMED, WAS SHOT AND KILLED BY MP GUARDS AND DETAINEE APOSS, WAS SHOT AND KILLED BY MARINES WHEN THEY ESCAPED AFTER RIOTING IN TIERS 5A AND 5B OF THE ABU GHRUYEB PRISON HARDSITE.

1 ST SUPPLEMENTAL:

THIS SUPPLEMENTAL REPORT IS BEING GENERATED TO ADD HAMED AND APOSS AS VICTIMS, ADD AN UNKNOWN SUBJECT FOR THE OFFENSE OF JUSTIFIABLE HOMICIDE AND CLARIFY OFFENSES.

ON 21 APR 04, AN ADMINISTRATIVE REVIEW REVEALED HAMEDAND APOSS SHOULD HAVE BEEN LISTED AS A VICTIM FOR THE OFFENSE OF JUSTIFIABLE HOMICIDE.

INITIAL REPORT:

PRELIMINARY INVESTIGATION REVEALED A RIOT BEGAN IN TIER 5B OF THE ABU GHRUYEB PRISON HARDSITE AND MP GUARDS SET UP A PERIMETER ON THE OUTSIDE OF TIER 5B. WITHIN TIER 5B THE PRISONERS HAD BROKEN THEIR THE LOCKS TO THEIR CELLS AND WERE THROWING ROCKS AND METAL PIPES AT THE MILITARY POLICE GUARDS. ALL MEMEBERS IF THE GUARD FORCE WERE BRIEFED ON THE RULES OF ENGAGEMENT (ROE) AUTHORIZING THE USE OF DEADLY FORCE. MULTIPLE ATTEMPTS WERE MADE TO STOP THE RIOT UTILIZING VERBAL' PERSUATION AND WITH LESS THEN LETHAL MUNITIONS. DETAINEE HAMED THEN JUMPED THROUGH A WINDOW AND WAS ORDERED TO HALT THREE TIMES BY MILTARY POLICE PERSONNEL. DETAINEE THEN ATTEMPTED TO RUN AND SPC Li t Jr 6 - q- 301ST MP COMPANY. ABU GHRUYEB. IRAQ. ENGAGED DETAINEE NAMED WITH ONE ROUND OF BUCKSHOT STRIKING HIM IN THE BACK.

LATER THAT EVENING. IN TIER 5A OF THE ABU GHRUYEB PRISON HARDSITE, FIFTEEN DETAINEES ESCAPED OUTSIDE OF THE TEIR. DURING

DOD-DOACID001902

THE ESCAPE. U.S. MARINES RE-CAPTUREED FOURTEEN OF THE DETAINEES. WHILE THE MARINES WERE COLLECTING THE ESCAPED DETAINEE'S, A GUN SHOT WAS HEARD. DETAINEE APOSS WAS ATTMPTING TO FLEE THE PRISON BY CRAWLING ON THE GROUND TOWARD AN EXIT. LCPL

-1C, 14. i W-4 K COMPANY, 3/24TH MARINE, ABU GHRUYEB, IRAQ, IDENTIFIED DETAINEE APOSS CRAWLING ON THE GROUND AND ENGAGED HIM WITH ONE ROUND OF 5.56MM IN ACCORDANCE WITH THE ROE, STRIKING HIM IN THE UPPER SHOULDER.

AT THE WRITING OF THIS REPORT, THE EXACT TIMES OF DEATH WERE UNKNOWN OR IF AUTOPSY'S WILL BE CONDUCTED ON THE DECEASED DETAINEES.

SA 16-I t70-1 ADVISED SPC '741 04 OF HIS LEGAL RIGHTS, WHICH HE WAIVED AND PROVIDED A WRI Li EN STATEMENT WHICH DETAILED THE EVENTS SURROUNDING AND HIS ACTIONS DURING THE SHOOTING OF THE DETAINEE. SPC 7e-4,hi..-9TATED HE SHOT THE DETAINEE (HAMED) TO PROTECT THE OTHER MP PERSONNEL AND TO PREVENT DETAINEE (HAMED) FROM ESCAPING.

SA /CA . ADVISED LCPL 1,6-4/ OF HIS LEGAL RIGHTS, WHICH HE WAIVED AND RENDERED A SWORN STATEMENT WHICH HE DETAILED THE EVENTS SURROUNDING AND HIS ACTIONS DURING THE SHOOTING OF THE DETAINEE. LCPL /b6- 4L !-ATED HE SHOT THE DETAINEE (APOSS) TO PROTECT FELLOW MARINES AND TO PREVENT DETAINEE (APOSS) FROM ESCAPING.

THE OCONUS CID CASUALTY LIASON OFFICER (CLO) IS SA IC -/) b(9-1 75TH MP DETACHMENT (CID), PRISON INTERROGATION TEAM

(PIT), ABU GHRUYEB PRISON, ABU GHRUYEB, IRAQ, AT DNVT 318-550-

INVESTIGATION CONTINUES BY USACIDC.

7. CID REPORTS ARE EXEMPT FROM AUTOMATIC TERMINATION OF PROTECTIVE MARKING IN ACCORDANCE WITH CHAPTER 3, AR 25-55.

FOR OFFICIAL USE ONLY

DOD-DOACID001903




CIRD-PIT 16 APR 04


SUBJECT: CID REPORT OF INVESTIGATION - FINAL (C) - SSI-0013-04-CID789- 83982-5H6-5Y3

DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 10 APRIL 04/1930 — 11 APRIL 04/0540, BAGHDAD CORRECTIONAL

AND CONFINEMENT FACILITY (BCCF), ABU GHRUYEB, IZ

DATE/TIME REPORTED: 11 APRIL 04, 0600

INVESTIGATED BY: SA 1,3"; SA /CA) bto -1 SA 19:0- I 19-V

SUBJECT: 1. HAMED, ABBAS KHALID (DECEASED); INTERNMENT SERIAL NUMBER (ISN) 26162; 01 JAN 1986; UNKNOWN. IZ; M; WHITE; DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [R1OTING][JUSTIFIABLE HOMICIDE]

2. APOSS, KNALED (DECEASED); PRISONER IDENTIFIACATION NUMBER (PIN 000012); UNKNOWN, IZ; M; WHITE, DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [RIOTING] [JUSTIFIABLE HOMICIDE]

VICTIM: I. U.S. GOVERNMENT; (301ST MILITARY POLICE COMPANY, (USAR), BCCF, ABU GHRUYEB, IZ) (FORT BUCHANAN, PR) [RIOTING] [JUSTIFABLE HOMICIDE]

2. U.S. GOVERNMENT; (K COMPANY, 3/24TH MARINES, BCCF, ABU GHRUYEB. IZ) (CAMP PENDLETON, CA) [RIOTING] [JUSTIFABLE HOMICIDE]


THIS IS AN OPERATION IRAQI FREEDOM INVESTIGATION" -

This investigation was initiated upon notification by the 391st Military Police Battalion. BCCF. Abu Ghruyeh. IZ that a riot took place in Tiers 5A and 5B of the BCCF. During • the riot. detainee HAMFI) was shot and killed by SPC


DOD-DOACID001904

301st MP CO. BCCF and detainee APOSS was shot by LCPL "Pikv - Li C Company, 3/24th Marines, BCCF.

Investigation established probable cause to believe the shootings of both detainees was justifiable and neither SPC %k nor LCPL 1cµ 66, nmitted any criminal offenses.

STATUTES:

18 USC. SEC 1792: RIOTING Article 118, UCMJ: MURDER (JUSTIFIABLE HOMICIDE)


ATTACHED:

1. Agent's Investigation Report (AIR) of SA 7e,-/ te.,-/ 12 Apr 04, detailing initial notification; interviews; and command coordination.

2. Waiver Certificate and Sworn Statement of LCPL 'N.4 ) . 11 Apr 04, wherein he details the shooting of the detainee.

3. Waiver Certificate and Sworn Statement of SPC1C-0 / 1* 0 Apr 04, wherein he details the shooting of the detainee

4. AIR of SA '764 i.76-1. 13 Apr 04, detailing interviews; command and SJA coordination.

5. Compact Disc 040013.789, containing images of both deceased detainees. (USACRC and File copies only)

NOT ATTACHED:

None.

The originals of Exhibits 1 through 5 were attached to the USACRC copy of this report.

STATUS: This is a Final (C) Report. This investigation is being terminated IAW CIDR 195-1, Chapter 4-17(a)(6) in that the Special Agent-in-Charge determined that furtherance of the investigation would be of little or no value and leads remaining are insignificant. Commander's Report of Disciplinary Action Taken (DA Form 4833) is not required.

LEADS REMAINING: Interview of remaining MP's who were involved in quelling the riot.


DOD-DOACI D001905

Report Prepared By: Report Approved By:

Special Agent in Charge

DISTRIBUTION:

1 —Director, USACRC, (ATTN: CICR-CR), 6010, 6th Street, Fort Belvoir, VA 22060-5506 (original) 1 - CDR, 22nd MP BN (CID) (FWD) 1 - CDR, 3rd MP Group (CID) (email only) 1 - LNO, CID, CJTF-7 (For further distribution) (email only) 1 - SJA, 504th MI Brigade (ATTN: CPT -7(:- 3 , br , BCCF 1 - CDR, 16th Military Police Brigade (ATTN: COL 7C-. b&--3 1. Victory Camp, APO AE 09342 1 - CDR, 391st MP BN (ATTN: LTC 1:,--3 1 hia, BCCF 1 - CDR, K Company, 3/24th Marines, BCCF 1 — File

r. )

FOR OFFICIAL USE ONLY - 3 -

DOD-DOACID001906

;DATE EXHIBIT

11 fr. - ; DATE rk-v' 6i • -

.1.-- -

AGENT'S INVESTIGATION REPORT

CID Regulation 195-1

! ROI NUMBER 0013-04-C1D789- 3 910,

PAGE I OF 1 PAGES

Details

BASIS FOR INVESTIGATION: About 0600. 11 Apr 04, this office was notified by the 391st Military Police (MP) Battalion. Abu Ghru2,'eb, Iraq (AGI ) that another detainee was shot and killed while trying to escape.

About 0703, 11 Apr 04. SA 72-f- bt, •/ interviewed LCPL /..V' -Sr Company 3/24 Marines. AGI. - was advised of his legal rights. which he waived and provided a sworn statement detailing his actions. b stated that he shot the detainee to protect his position and to keep the detainee from escaping in accordance with the Rules of Engagement (ROE) that he was briefed. (See Waiver and Sworn Statement of 7C 4-//k4) .-41

About OS10, 11 Apr 04, SA X:-/, bt--/ ,terviewed SGT 7C -4 / 1!X, - K Company 3/24 Marines, AGI, who provided a verbal statement regarding the incident. le- -iithereated he was the Sergeant of the Guard (SOG) for the midnight shift. *.ated he had to post the shift early as there was a report of escaped detainees loose inside the compound. While posting the shift, they encountered and detained 13 detainees who had escaped. "Z7e -0 stated he briefed his personnel on the use of deadly force.

7e1 </A ated he told the Marines use of deadly force was authorized if Marines or Coalition Forces were threatened or in fear of grievous bodily harm. 4; stated the Marines were also briefed by an Army sergeant (NF1) that deadly force was authorized to capture detainees who had escaped from the hardsite.

tated after posting his Marines, there was a shot(s) fired frora all undetermined location inside the compound, and there was still one escaped detainee unaccounted for inside the compound. "nit- stated everyone was at a heightened state of alert.

About 0830, 11 Apr 04. SA /, IA../ briefed CPT -7e-- y Executive Officer. K Company 3/24 Marines. AU, on the status at' this investigation. 66", stated his Marines are trained and empowered to make decision regarding use of force on the spot. 7e/ 46; -V stated the Marines are not expect or required to call requesting permission to use deadly force.

About 1000. I 1 Apr 04. SA 7d hc--/ coordinated with SSG z be - . 301st MP Company. AGI, who was the Hard site Shift NCOIC. SSG ated a review of the pass-on book disclosed the deceased detainee was Khaled APOSS, #TAS00012, Tier 5A Cell 227, (NF1). SSG 7C7b6 -4 stated the Coalition Provisional Authority (CPA) maintained all of the prisoner files, and there

were no additional information available at the hardsite.

About 1030, 11 Apr 04. SA .2e-1, b4 iterviewed LCPL - 1./i e6- 5L K Company 3/24 Marines. AGI. who provided a verbal statement regarding the incident. -** - -cL stated about 0400, 11 Apr 04, they were notified that there were escaped detainees loose in the compound. Davi, -.471 stated they captured 13 of the 14 detainees prior to taking their post at Tower 3. -Kt

stated they heard a report from Tower 4 of activity in the vicinity of the tower. then heard a report of shot(s) tired. 7aht.- 44 stated they (he and believed the reports were related, and they feared the escaped detainee may have taken a weapon. 7e-,1 stated 7Cfb4 - saw the detainee low crawling towards their position. stated ired at the detainee once. believing the detainee was a threat. 11 fj 112 Si.'

TV

S.

•

CIV I •,..01•11■ 1 . 7 ICIAL USE ONLY I PREVIOUS EDITIONS CfF THIS FORM

1 FEB 77

PROTECTIVE MARKINGS IS EXCLUDED FROM WILL BE USED UNTIL EXHAUSTED

AUTOMATIC TERMINATION (Para 13. AR 340-16) (When Data is Enteredl

ORGANIZATION 22ND MP RN ((A ► . FORT LEWIS. WA 98433

DOD-DOACID001907

c,c.'21 -C‘-■ -1/4. 0 -/b't

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE For use of this form, see AR I90-30; the proponent agency is ODCSOPS

DATA REQUIRED BY THE PRIVACY ACT -

AUTHORITY: ride 10, United States Code, Section 3012(c)

PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurate') identified

ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retneval

DISCLOSURE: Disclosure of your Social Security Number is voluntary. , 1 1.0C.VITUN

7 Abu Ghruyeb Prison. Abu Ghruyeb, Iraq - DATE

11 Apr 04 1.4/Z

3 TIME I 4 FILE NUMBER

0-7C3 ; S Name (l.mi 1. trst MU

le,- Lt , kt-- ,i S CIRUAN1LA1 ICJN UR AUDI&

K, 3/24 Marines, Abu

SS

Ghruyeb. Iraq i n SSN

1C' y, tt•

7 uRADE -S I All.)

LCPL

PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE SECTION A. Rights

The investigator whose name appears below told me that he/she is with the United States Army Criminal Investigation Command Zig; -‘," and wanted to question me about the following offense(s) of which I am

suspected2ageuseda Murder icigv ""t

Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights: I. I do not have to answer any questions or say anything. 2. Anything I say or do can be used as evidence against me in a criminal trial.

3. (For personnel subject to the UCA1.1) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me or both.

-Or-

- (For civilians not subject so the LICA1.1) I have the right to talk privately to a lawyer before. during, and after questioning and to have a law) er

present with me during questioning. I understand that this lawyer can he one that I arrange for at my own expense. or if I cannot afford a lawyer and want one, a lawyer will he appointed for me before any questioning begins.

4. If I am now willing to discuss the ofiense(si under investigation. with or without a la‘ ■ yer present. 1 have the right to stop answering questions at an■ time, or speak privately with a lawyer before answering further. even if I sign the waiver below.

5. COMMENTS (Continue on reverse side)

SECTION B. Waiver I understand my rights as stated above. I am now willing to discuss the offensets) under investigation and make a statement without talking to a la ,er first and without having a lawyerpres!

WITNESSES (Taman rITUTATI=171117TEVEt . . .

7e- 1-/ , 44, -4/ le-v/ b6-v 1 _

USU A1.11.A I PUN UR Allant.0 3 fl.., r nv,•._ , '

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.A, kre or l'rtoti, ICI- i I r

F , ,R, .'.i: :III , .-.. , )1. mloRi. ,,, Am, VI il is.,

Prison Interrocaation Team

Abu Ghruyeb. Iraq • . SECTION C. Non-waiver - -- ' I. I do no want to give up my rights

■ I want a lawyer ❑ I do not want to he questioned or sat anything

2 SIGNATURE OF INTERVIEWEE

rf` 1 L'u- It I Ms \\ AlvILI ■ (ilk 111 - 1(..A I I .- 10 ANY s ■1/4 URN N r\ii.\11N i tIJA Ri(thl 28 , 3) MIMI (,)1;11:011 . 1.XJA 1:1111) HY 1111- til'Sl't-i: I :',,, t_ ltil i 1 ,.*.:

DA FORM 3881, NOV 89 (AUTOMATED) FD1•RIN of, Nov 54 IS OBSOLETE

DOD-DOACID001908

C. e •

SWORN STATEMENT

File Number: Location: Abu Ghruyeb Prison. Abu Ghruyeb. Iraq Date: 11 Apr Time: Statement of: 7e- 1-7 bb - y SSN: , Grade/Status: LUPL Org/Address: K 3/24 Marines. Abu Ghruyeb, Iraq

n

72- -I./ bb - 54 want to make the following statement under oath: I am a Marine reservist on active duty. I am assigned to K 3/24 Marines, Abu Ghruyeb Prison, Iraq. About 0400, II Apr 04, I enroute to post for my shift as a tower guard, providing exterior security for the prison. When we got to Tower 1A, there was a call over the radio from Shadow Main that 14 detainees had escaped and were loose on the compound. Immediately after that, Tower 3 called on the radio and stated that there were detainees at there location. We responded to Tower 3, which was the next tower we were posting to. Enroute to Tower 3, we found two detainees which we captured. The detainees surrendered to us when we instructed them to halt and get on the ground. The SOG (Sergeant of the Guard) stayed with the captured detainees, while the remainder of us went to Tower 3. When we got to the tower, and the Army guards had already captured two other detainees. We cordoned off the area, swept through the area, and captured 9 additional detainees. We then continued to post (at our respective towers). I posted at Tower 3. After posting, Shadow Main radioed that they were still missing one escaped detainee. About 30 minutes to 1 hour later, there was a report of shots fired over the radio. Shadow Main asked ECP (Entry Control Point) East and West, and towers 5 and 6 to try to pin-point the location the shots were fired from. It was determined that the shots came from northeast of ECP East, which is in the direction of Tower 3. About 5 minutes later, the SOG came by my position. Tower 3. and told us, LCP 7f1 bb and I, to be on the look-out for the escaped detainee.

114 kept watch outside the compound and I kept watch inside the compound using ANPVS7B night vision goggles. Within 5 minutes, I spotted the detainee, who was crawling towards my position and the road. He was coming towards me at about 50 meters (inside the wall). It was black and the image was blurry. I tried but couldn't see if he had a weapon or not. I was afraid that the escaped detainee may have had a weapon and may have fired the shots earlier. I was afraid that the detainee might shoot me or 76/26 - ‘74 in order get past our position. I knew from previous briefings that deadly force was authorized for anyone threatening a Marine. Also, an Army Sergeant told us earlier that night that deadly force was authorized to stop an escape or escaped detainee once they left the hard site. The detainee appeared to be in a prone position. I didn't have time to think, I just shot to protect myself and ied-A-Y I shot one time with my assigned MI6A4, serial number 10127837, stock number 15. using the ammunition I was issued. I maintained my position and kept the detainee in my sights, while 7C, 1 -1/ adio Shadow Main for further assistance.

Q: What if any briefings did you receive prior to assuming our duties on 11 Apr 04? A: Prior to posting. we were briefed that there was intelligence that there was supposed to be an attack: the prisoners were to riot, escape. get weapons: and take over the compound. Q: Who gave you the intelligence brielmo? A: CP1 /edit- "it . K 3/ 14 Marines'. 44"

. t.

INI I IA LS 74}!' -V

Page I of 2: FOR OFFICIAL USE ONLY

F.XHIBIT :412

DOD-DOACI D001909

STATEMENT OF: LCPL d 6-- (1 DATED: I I Apr 04 CASE #:

0 ,.1 Were you briefed on the Rules of Engagement (ROE) prior to assuming your duties on 1 I Apr 04? A: Yes. I was told that I was allowed to protect myself or a member of the Coalition Forces if threatened with deadly force, which I believed.! was. Also I was told that if the detainees were on the fence or outside the fence (around the hard site) that deadly force was authorized, which the detainee was outside that area and quite a distance from that fence. Additionally, the Army Sergeant who was responsible for getting the detainees also told me during my shift that deadly force was authorized to stop the escaped detainees. Q: Who gave you the ROE briefing A: The Sergeant of the Guard, SGT. hh4 K 3/74 Marines. Q: Do you have anything to add to this ctnteMCIlt? A: No. ///END OF STATEMENT/1 4// /76-4/1

- /It bb - Ar 'AVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH

BEGINS ON PAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.

7e -y, bG - V (Signature of Person Making Statement)

Subscribed and sworn to before me. a person authorized by law to administer oaths, this 10' 1' day of April 2004 at I ...an

bh

7C- 4 (S1g1141111C U. r Cl ZUll AU111111131\.111 15 V41311

Special Agent 7e-/, /917-1 (277 (Typed Name of Person Administering Oath)

Article 136(b)(4). UCMJ (Authority to Administer Oath)

INITIALS "24 Pau .' of 2 FOR OFFICIAL USE ONLY

EXHIBIT . X

DOD-DOACID001910

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE For use of this form, see AR 190-30; the proponent agency is ODCSOPS

DATA REQUIRED BY THE PRIVACY ACT

AUTHORITY:

Title 10. United States Code. Section 3012(g)

PRINCIPAL PURPOSE:

To provide commanders and lass enforcement officials huh means hs %%Inch ininrmation ma ∎ be accuratels identified

ROUTINE USES:

Your Social Securit) Number is used as an additionaltalternate means of identification to facilitate tiling and retrieval

DISCLOSURE:

Disclosure of your Social Security Number is voluntary 7 py un. Anti\

Abu Ghruyeb Prison, Abu Ghruyeb, Iraq

_ 2 DA I E ''',/..

10 Apr 04 /

. -DNIE ..,.. /C.( VC 4 HUN( MBES

I 3k ly

.1/

/S .-4 . b OKGANIZATION UK AULMS5

th Military Police Company. Abu Ghruyeb, Iraq 30I 76 7 (MADE:Si ATVS

SPC

PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE

SECTION A. Rights

The inves 76,11, .hose name appears below told me that he/she is with the United States Army Criminal Investigation Command

ti- 76/,9:7 and wanted to question me about the following offense(s) of which I am

suspecteckaccusettL. Murder- 1-1-

Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights: 1. I do not have to answer any questions or say anything. 2. Anything I say or do can be used as evidence against me in a criminal trial. 3. (For persoirnel subject to the LICA id.d1 I have the right to talk privately to a lawyer before. during, and after questioning and to have a Ian er present with me during questioning. This lawyer can he a civilian lawyer I arrange for at no expense to the Government or a military law er detailed for tne at no expense to inc or both.

-or-

(Fin - en•thans not subject to the IVA]) I have the right to talk privately to a lawyer before, during. and after questioning and to have a lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for at my own expense. or ill cannot afford a lawyer and mum one. a lawyer will he appointed for me before any questioning begins.

4. !flan' nun willing to discuss the offense(s) under investigation. with or aithout a lawyer present. I base the right to stop answering questions at any time, or speak privately with a lawyer before answering further. e% en if I sign the waiver below.

5 COMMENTS (Cm/ramie on reverse side)

SECTION B. Waiver I understand my rights as stated above. I am now willing in dkrucs the offensew tinder investigation and make a statement without talking to a lass •er first and without havin a law er .resent with me 7C

WITNESSES Of at'ailaYeD -.--..=, t

h NAIL

b OR(jANIL A I Kit UK AUlltitSN ANS Ytit1M7 / , .....

3D,Z4e- ,i..(p c 0 .7e --/ 1 b6, - 1 v

-3 \ WI-. /ink tsr l'rria

, t, I 1 .t...ciii ,. . A-. A.IIIRLY, • c s.li l'11, IV

Prison Interrogation Team

Abu Ghru ■ eb. Iraq

SECTION C. Non-waiver

1. I do no want to give up my rights ❑ I want it law) er ❑ I do not want to be questioned or say anything .;;; 4

I-T.!. SICII;IATURE OF INTERVIEWEE . '

Al !Ai_ it Ti Hs WAIVER CliRTIFICA 1 1 10 ANY SWORN SI:\ 1 l• SII-N1 MA r010,1 282:IISLIISEQUILN I IA 1.Nld A . 11:11 1S1' 1111 SI:SPIC1.:V . I I ''s1 1 I

DA FORM .3881, NOV 89 (AUTOMATED) EDITION (IF NOV R4 IS Of1S01.1:TE

DOD-DOACID001911

Ut - C-1 - i V 1 0 ;;

SWORN STATEMENT

File Number: 0013-04-CID789 Location: Abu Ghruyeb Prison. Abu Ghruyeb. Iraq -IL, ‘.c4

Date: 10 Apr 04 Time: C 6,-,fr

Statement of: "T' _V- M.) --Ii- SSN: /L."' Grade/Status: SPC Org/Address: 301 11IMilitary Police Company. Abu Ghruyeb, Iraq

, q want to make the following statement under oath: I am a Military Police reservist, assigned to work corrections at the hard site. Abu Ghuryeb Prison, Abu Ghruyeb, Iraq. About 1700, 10 Apr 04, I went on shift at the hard site. I was assigned to patrol outside the hard site to prevent the escape of any detainees. When I came on shift, the detainees were being loud. As the shift went on, the detainees proceeded to start breaking out the concrete windows with such things as metal pipes and bars. The detainees were also throwing rocks, chunks of concrete, and trash at the patrols. One of the detainees was shooting rocks at us with a homemade sling-shot. About 1900, the MP XO came to our location and saw the detainees busting out the windows and throwing things at the patrols. The MP XO told us to use less than lethal rounds to prevent them from causing injury to the patrols and to keep them from escaping through the windows. I fired about five less than lethal rounds. The less than lethal rounds did not seem to have any effect, what so ever, on the detainees. About 1930, 10 Apr 04. the MAJ 7c./4-2/- q- and the MP Battalion CDR, showed up to assess the situation. By then there were breaking a hole in the wall at the back of the tier, Tier 5B. The MP Battalion CDR told us, the MPs outside the tier, the Rules of Engagement (ROE) were to be if any of the detainees escaped and actually got physically outside of the tier deadly force was to be used. After a while, the MP Battalion CDR. the MP Battalion XO, and MAJ le2/44 -9 left. We continued patrolling outside the tier. I sat down with CPL 46 nd PV2 741-g---4/ to watch the south side (wall) of the tier. Tier 5B. About 2130, 10 Apr 04, one of the detainees jumped out of the tier through a window. The detainee then started walking towards us. The three of us (me, 7e , /m

h& - 9 stood up, shouted to stop at the detainee, I held out my hand, then I chambered a round in the shotgun. The detainee kept moving. I shot at the detainee, aiming center mass with one round of 12 gauge 00 Buckshot. The detainee staggered and fell down. I rushed to give medical assistance, but other detainees in the tier above began throwing chunks of concrete at me. I retreated for my safety. Then the other members of the shift and the medics came. They used shields to protect the medics who removed the detainee. 1 shot him because those were my orders from the Battalion CDR. I was afraid that the detainee would attack us or that he would try to escape. Q: What kind of shotgun did you use? A: I had a Mosburg 590 Shotgun 12 gauge with serial number 771353 . Q: When You shot him could you see/tell if he was moving towards you or if he had turned to run away? A: No. I could not tell which ‘vay he was doing because it was dark and their wasn't too m uch

light. Q: Do you have anything to add to this skatement? .A: No. IND OF STATEMENT 16/2'd

11\111.11 S • l'aQ.c 1 (if

FOR OFFICIAL. USE ONLY F.XIIIRIT .=S

DOD-DOACID001912

CCl 4,- CL1 - t.-) 10`f - b5L1

STATEMENT OF: SPC — -I" 12‘. DATED: I() Apr 04 CASE #: 0013 -0.1 -C1D789

AFFIDAVIT ° 2 -4- HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON ' PAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE

STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNIS"s•r"T A " n WITHOUT COERCION, UNLAWFUL INFLUENCE. OR UNLAWFUL INDUCEMENT.

24 ti.0 g Statement)

Subscribed and sworn to before me, a person authorized by law to administer oaths, this 10 th day of April 2004 at Ab" nkr..uph I ran

...• . • ....... "ar, %Jul")

Special Agent , P6-1 Pk (Typed Name of Person Administering Oath)

Ati 1 77(. OP)(4 Article 1:16:-LICMJ (Authority to Ad sinister Oath)

INITIALS

Page FOR OFFICIAL USE ONLY

EXHIBIT 3

(Signk

DOD-DOACID001913

ORGANIZATION ION

Prisoner Interrogation Team (PIT) (CID) (FWD) Baghdad Correctional Facility, Abu Ghru ,eb. Ira DATE

13 Apr 04 EXIIIBIT

• • .

AGENT'S INVESTIGATION REPORT ROC NUMBER

0013-04-C1D789-83982 CIL) Regulation 195-1

PAGE 1 OF 2 PAGES AILS

BASIS FOR INVESTIGATION: At 2200, 10 Apr 04, this office was notified by the 391st Military Police (MP) Battalion (BN), Baghdad Correctional Confinement Facility (BCCF). Abu Ghruyeb. Iraq. that one Detainee (HAMED) was shot and killed when he tried to escape from 5B of the hardsite.

About 2))0. 10 Apr 04, SA 1e -1 i b+:,--1 this office. coordinated with SFC 7e-q, 176 -51 1 91 51 Military Police (MP) Battalion (BN), Prisoner In-Processing Section, Abu Ghruyeb, Iraq

(AGI), who stated he could not identify the deceased detainee using a retinal scan. SFC 7e-di - ¢ ted the detainee was not in the system.

At 2230, 10 Apr 04, SA .1c/I'6 .--1 nterviewed PVT . 301st Military Police (MP) Company, Baghdad Correctional Confinement Facility (BCCF). Abu Ghruyeb. Iraq. PVT "r-N,01.--s/ stated he was one of three MP's who were guarding the outside of Tier 5B. PVT -4:46 bec-4- stated a Detainee (FUMED) crawled through a burned out window. The military police directed the detainee to halt three times. but the detainee ignored the command and started to run. SPC -7C-v / 301st MP Company, BCCF, Abu Ghruyeb. Iraq, fired one round of buckshot which struck Detainee HAMED in the back. fatally wounding him.

About 2235. 10 Apr 04. SA digital camera.

xposed photographs of the detainee and his injuries using a Kodak

At ))45, 10 Apr 04, SA bb/ nerviewed CPL y , /96 —V , 301st MP Company. BCCF, Abu Ghruyeb, Iraq. CPL -76-q/b6, --V stated she noticed a Detainee crawling through a window on the bottom floor. She told the detainee to halt three times, but the detainee started to run. SPC

hen fired one round of buckshot at the detainee. CPL PC- - ?elated, SPC 761:6-v ind PVT tempted to administer first aid to the detainee. but were forced back by other detainees who were

throwing rocks and pipes at them.

At 2300. 10 Apr 04, SA lel 1 vb-I oordinated with CPT 7e/ - V Thinmander, 301st MP Company, BCCF, Abu Ghruyeb, Iraq and briefed him on the status of this investigation.

AGENT'S COMMENT: A Crime Scene Examination was not conducted due to officer safety concerns. As MP and CID personnel were approaching the crime scene. detainees began throwing rocks and pipes.

About 2330. 10 Apr 04. SA 76-1 n 0° - 1 lordinated with LTC 126-4 391' MP BN. Abu Ghruyeb Prison. Iraq and briefed him on the status of this case.

Commander.

ut1KM 94 I 1.114 77


DOD-DOACID001914

ROI NUMBER

0013-04-C1D789-83982 AGENT'S INVESTIGATION REPORT CID Regulation 195-1

PAGE 2 OF 2 PAGES DET AILS

About 2350, 10 Apr 04, SA --/C be -7 - - " - is office, advised SPC -11- if his legal rights, which he waived and provided a sworn statement detailing the incident. (See waiver Certificate and Sworn Statement)

About 0906, 11 Apr 04, SA lc coordinated with SFC 7L 4%, - C/ Ind obtained a copy of the death certificate pertaining to Detainee HAMED.

About 0930, 12 Apr 04, SA IC-I I Ise (coordinated with CPT 7c, 61;- Command Judge Advocate, 504th Military Intelligence Brigade and Abu Ghruyeb Prison, Abu Ghruyeb, Iraq. CPT 7cboc 4f ,ined that no crime was committed and the shooting was Justifiable Homicide.

About 1230, 13 Apr 04, SA ;V.!, e," -/ iterviewed LTC "r'be stated he briefed all military police working at the prison the rules of engagement, which included the use of deadly force if a detainee attempted to escape.///LAST ENTRY///

ORGANIZATION

Prisoner Interrogation Team (PIT) (CID) (FWD) Baghdad Correctional Facility. Abu Ghruyeb ; Iraq DATE EXHIBIT

13 Apr 04 (.1

CID FORM 94 I FEB 77


TYI

ISA

DOD-DOACID001915

0013-04-C1D789-83982

PHOTOGRAPHIC PACKET NUMBER DESCRIPTION OF PHOTOGRAPHS

1. Photograph depicting the full body (Side) of HAMED

2. Photograph depicting the face of HAMED

3. Photograph depicting the entry wound to the back of HAMED

4. Photograph depicting the second entry wound to the back of NAMED

5. Photograph depicting the window where HAMED escaped

6. Photograph depicting where HAMED fell after being shot

7. Photograph depicting a overall view of tier 5B

8. Photograph depicting the building number

9. Photograph depicting the face of APOSS

10. Photograph depicting the full body (Side) of APOSS

11. Photograph depicting the full body (Front) of APOSS

12. Photograph depicting the full body (Back) of APOSS

13. Photograph depicting the entry wound to shoulder of APOSS

FOR OFFICIAL EXHIBIT USE ONLY

DOD-DOACI D001916

(7`)/3- 0Y- CiP7 3115,2

P)C 5

t ■

DOD-DOACID001917

AGENT'S INVESTIGATION REPORT ROt NUMBER

0013-04-C1D789-83982 CIL) Regulation 195-1

PAGE 1 OF 1 PAGES

About 1650, 15 Jun 04, this office was notified by the 22" MP BN that this investigation was to be re-opened to obtain the death certificate pertaining to both detainees.

About 1100. 16 Jun 04, INV 76-1 1)&7 _ this office, coordinated with SFC 7e-I, / 4:6 -

-7c - / hb--14COIC, Detainee In-Processing Section, BCCF who stated there was not a copy of either detainees death certificate on file.

About 1130, 16 Jun 04, INV 7c/124. / Zoordinated with SPC . -70- y i bb- 4< .dministration Clerk. Task Force Oasis, 67th Combat Support Hospital, BCCF who stated there was not a death certificate on file for either detainee.

About 1230, 16 Jun 04, INV .. ib4 / :oordinated with CW4 —7 6' / 6 Senior Interrogator, JIDC, BCCF who related all records pertaining to both detainees were located at CJTF-7. CW4 ie -gdx-fdded his organization does not obtain death certificates to place in their files.

About 1000. 17 Jun 04, SA 76 e/.1' coordinated with _ e7.4/ .' 6 - Battalion Aid Station. 391st MP BN, BCCF who provided an unsigned death certificate for Detainee HAMEL/ (See Death Certificate for details)

About 1300. 17 Jun 04. SA 7e4" coordinated with Mortuary Affairs, Baghdad International Airport (131AP) who related they had no information concerning the death of Detainee AMIR. :.,:filialgilllillill/////////////////////////////////////////////LAST ENTRY/////////////////////////////M///////8/fitilliMiiiitHilf - :

I ■ •.; ANIF AND NiltOBIR

SA 'RI

1 : ()K .A1 i I

ORGANIZATION

Prisoner Interrogation Team (PIT) (CID) (FWD) Baghdad Correctional Facility. Abu Cihruveb. hay

1 EXHIBIT M'-/ 1;7,-

DATE

17 Jun 04

.:OR OFFICIAL USE ONLY

DOD—DOACID001918

Page(s)

.02. g - e2 '7

Referred to:

U.S. ARMY MEDICAL COMMAND FREEDOM OF INFORMATION/

PRIVACY ACT OFFICE ATTENTION: MCFP 2050 WORTH ROAD, SUITE 13 FORT SAM HOUSTON, TEXAS 78234-6013

MR. JOHN PETERSON [email protected] (210) 221-7826

DOD-DOACID001919

ROI HUMBLE

AGENT'S INVESTIGATION REPORT CID Regulation 195-1

DE JAILS:

0013-04-C1D789-83982

OF

1 PAGE PAGE

• l• •

DATF, USACIDC

About 1030, 4 Aug 04, SA "1:: 1 - Detainee Assessment Task Force (DATF), USACIDC, Fort Belvoir, VA 22060, reviewed the Provost Marshal's Office, Detainee Not In Camp Roster, using query for "dead" and identified entries pertaining to detainee Abbas Khalid HAMED, Detainee 26162, a victim in 0013- 04-CID789-83982. According to the roster, HAMED was entered into the database as deceased; however, he was re-entered into the database upon determination he was not dead and issued a new ISN (USIZ-159991CI). HAMED's previously assigned ISN was US9IZ-157073CI. The roster indicated he was released from custody on 4 May 04 (see database printouts for details).

AGENT'S COMMENT: After discussion with CW5 1i -'1 fly Y Operations, DATF, there is a possibility ie victim listed in 0120-04-CID789, may have been the person who died during this riot. Abbas FARHAN's, reported he had obtained a death certificate which reflected his son -7Gi 'ied at Abu Ghraib on 14 Apr 04, from a gunshot wound. To date, attempts to locate 1rd-2; -f on any databases within this office have met with negative results.

About 1500, 6 Aug 04, SA 7C-bb•oordinated with SA le -bb / Operations, USACIDC and arranged for an Arabic linguist to view the digital images exposed of the deceased individual previously identified as HAMED, based upon the tattoo's of potential Arabic writing on the chest of HAMED.

AGENTS COMMENT: SA --eg;is slated she would attempt to arrange for an Arabic linguist to examine the questioned writing in the images contained on Exhibit 5, Compact Disc 040013.789.

About 0900, 10 Aug 04, SA 1C-19t) .:oordinated with an Arabic Linguist who examined the images in question (DCP_0196 and DCP_0197). According to the Linguist, the questioned writing on the chest of the individual started with "My brother"; however, the remainder of the writing was partially obscured by scar tissue and could not be positively identified. The Linguist did provide the following possible wording, either "Fahim" or "Qaasim" (see Linguist's handwritten notes for details).

11/11111/1111111111111111111111/1111111101111/111/11111111111Last Entry///////////////////////////////////////////////////////////////////////////////////

1t,- I 6-7/ LXJiLHI I

.•■•■

CLIO ".71.1.1.41.

(Automated)

10 Aug 04

FOR OFFICIAL USE ONLY Protective Marking is Excluded From Automatic Termination (Para 13, AR 34.16)

\.‘

DOD-DOACI D001920

Page(s)

.33

•

Referred to:

U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101

MS. JACQUELINE SCOTT [email protected] (813) 827-5341/2830

DOD-DOACID001921

AGENT'S INVESTIGATION REPORT CID Regulation 195-1

ROI NUMBER

0013-04-CID789-82982

PAGE 1 OF 3 PAGES

DETAILS

About 1500, 18 Aug 04, this office received an email from the Assistant Operations Officer (AOPS). 22 nd MP Bn. Camp Victory, Baghdad, Iraq, with an attachment which contained a Request for Correction. 0434-04- CID001, from USACIDC, requesting a corrected final for this investigation, and an attachment which contained a Transmittal of Information, USACIDC, in which an administrative review revealed one of the decedents of this investigation may have been misidentified.

About 1300, 19 Aug 04, SA 7C fx - 1 :oordinated with 7C-', ib , GS-14, Coalition Provisional Authority (CPA), Correctional Advisor, Department of Justice (DOJ), and Mr. 7:=-"/

dob- 47 3S-15E, CPA, Correctional Advisor, DOJ, who queried their database for information pertaining to Abbas Khalid HAMED, Interment Serial Number (ISN) 26162, National Detainee Reporting System (NDRS) US9IZ-157073C1 and NDRS US9IZ-159991C1, and Knaled APOSS, Prisoner Identification Number (PIN) 000012 and any information pertaining to detainees on or about 10 Apr 04. Mr. 7e query revealed no information pertaining to HAMED or APOSS, however, did reveal two deceased Internees, Kalib Abas MAHMUED, TAS 00012, killed by Military Police and Musa Abas FARHAN, 3153, killed by Military Police/Marines. The date associated with these entries reflected 9 May 04. Another entry in the date base listed Internee 3153 was killed by Marines, but listed no name and was dated 13 Apr 04. 2- A- - S..' provided a copy of the spreadsheet. -16 s, hb '' ,fated the records kept during the time period in question was not done well (See Spreadsheet for details).

About 1430, 19 Aug 04, SA IC"- "/ ?e Iv*" , with the assistance of linguist '?e - 9 cyc ladge # Titan Corportation, coordinated with 76- 4-/ , be --4Z Badge

76-4/L-t-4 Legal Department, Iraqi Corrections Services, Ministry of Justice, who conducted a search of record ledgers pertaining to Internees, Hardsite, Abu Ghraib Prison, which revealed two entries dated 12 Apr 04, which reflected Kalid Abas MAHMUED, 00012 and Musa Abas FARHAN, 3153, had been killed. The ledger entry did not reflect the specific date or means of death of the two individuals (See Ledger Record for details).

About 1510, 19 Aug 04, SA-,C coordinated with Mr. le - b6. - S-14, CPA, Warden Advisor, DOJ, who stated he and his staff arrived at the Hardsite on 11 Apr 04 to take over operations. Mr.

-xi 5, I*4,5 ited he was given custody of the remains of two unknown deceased Internees, who had been killed the previous day or two during a riot/escape attempt. Mr. -.5i', I g.tated the two decedents were identified by other Internees as there was no way to obtain a positive identification. Mr. tated he would not be surprised if the two deceased individuals from the riot/escape attempted had been misidentified. Mr. •ferenced the difficulties tracking the Internees and the poor record keeping. Mr. - 7_-.4r; ,rt-i stated the situation for tracking Internees has not improved under Iraqi control.

About 1536, 19 Aug 04, SA 7C - pordinated with 2LT: 70, 196 428 th MP CO, Abu Ghraib, Iraq (USAR, South Bend, IN), who provided a copy of the 391 st MP Bn, Significant Incident Report (SIR), dated 10 Apr 04, which listed the decedent as Khalid Apass HEMAD, TAS 00012 (See SIR for details).

ORGANIZATION PRISONER INTERROGATION TEAM (PIT)(CID) Baghdad Central Confinement Facility, Abu Ghraib 09342

DATE . EXHIBIT

23 1411 •

01/

lo '4 L. -LAW ENFORCEMENT SF"SITIVE

CI:, FORM 9.1


DOD-DOACID001922

AGENT'S INVESTIGATION REPORT CID Regulation 195- 1

0013-04-C1D789-82982

PAGE 2 OF 3 PAGES

ROI NUMBER

DETAILS

About 1600, 19 Aug 04, SA 7:- r l (_;6-1 coordinated with CPT -1L- r 4.16; - 301' MP CO, Abu Ghraid, Iraq (USAR, Fort Buchanan, Puerto Rico), who stated his unit controlled the Hardsite when two Internees were killed in Apr 04. CPT IL '.ated he remembered the incident, but would have to see if his unit retained any records pertaining to the incident.

About 2000, 19 Aug 04, Linguist . -Z • and Linguist 1cl bb

information obtained from the Ledger (See Translation of Ledger for details). translated the

About 1120, 20 Aug 04, SA -2(.: oordinated with 1LT 74-- Ff /W.-- 5' 301' MP CO (USAR, Fort Buchanon, Puerto Rico), provided a packet containing indecent reports from numerous unit members detailing their actions pertaining to events that occurred between 10 Apr 04 and 11 Apr 04 (See Packet for details).

About 1210, 20 Aug 04, SA -,*(3-/ - coordinated with SGT 7e-- Is 6?6 -1? and SPC 7C-rh b - g* HHC, 391" MP CO, Abu Ghraib, IZ, who conducted a search of their

Biometerics Automated Toolset (BATS) and NDRS databases for information pertaining to Internee numbers 00012 and 3153, which met with negative results. SGT P' conducted a search of his databases for information pertaining to MAHMUED and FARHAN, which met with negative results. SGT -g- • AL_ stated the 391' MP CO, Inprocessing Center, stopped inprocessing Iraqi Internees in BATS around early Mar 04. SGT le,/&045/ stated Internees processed prior to Mar 04 should had been entered into BATS and assigned a 5 or 6 digit number.

AGENT'S COMMENT: SPC located a capture tag number pertaining to an Internee SPC 7c1110 "j• stated Ic'ile9 - 'as transferred from

the Hardsite on 3 Feb 04. SPC 1C11):0• 3 stated Internees/Detainee can have the same capture tag number since they come many different units and areas.

About 1320, 20 Aug 04, SA 7c - /1 hi,-/ created a photo comparison of the two decedents and HAMED utilizing photos from death scene and from BATS (See CD for Photo Comparison).

About 1340, 21 Aug 04, SA 7C-/t 04-I coordinated with SPC 7C.- -3- b6-.5., , HHC, HI Corps, Detention Operations, SJA, Abu Ghraib, IZ, who stated a search of his database met with negative results for information pertaining to FARHAN, MAHMUED, 3153 and TAS 00012.

About 2000, 22 Aug 04, SA -ye.--/ 64. -/ coordinated with SGT -7C-3 lo6 -3 Patient Administration Specialist, BCCF Hospital, AGI, who stated no records existed for either

detainee. She stated according to her records, neither of the detainees were brought to the hospital after the incidents.

About 1200, 23 Aug 04. SA 7G-I / d Mr. le-le - 6E ' GS-12, CPA. Corrections Advisor, DOJ, BCCF, Abu Ghraib, IZ with the assistance of Linguist Badge # Titan

/-

-1 b


DATE I EXHIBIT

L I

ruts oFFv- IAL USE ONLY-LAW ENFORCEMENT SF"SITIVE

CI

FOR OFFICIAL USE ONLY-LAW ENFORCEMENT SENSITIVE t!

DOD-DOACI D001923

DATE

FOR OFFIr"41- USE ONLY-LAW ENFORCEMENT SF"SITIVE

AGENT'S INVESTIGATION REPORT CID Regulation 195- 1

ROI NUMBER

0013-04-CID789-82982

PAGE 3 OF 3 PAGES

DETAILS

Corp, Abu Gharaib, IZ, coordinated with Dr. /c- q I 3adge BCCF by prison Health Unit, BCCF, Abu Gharaib, IZ, who conducted a search for information pertaining to Detainee FARE-IAN and MAHMUED, which met with negative results.

AGENT'S COMMENT: Based upon the records obtained from CPA and MOJ it appears the individuals killed on 10 Apr 04 and 11 Apr 04 were Internees MAHMOUD and FARHAN. Internee HAMED was originally listed as one of the decedents, however, on 20 Apr 04, the error was identified and annotated in BATS. HAMED was assigned a new NDRS number then released on 4 May 04. There was no information found on Internee APOSS or the PIN 000012, as originally listed. Based upon the information found, MAHMOUD's PIN was TAS00012, which indicated he was transferred from Tas Farrat Prison, and FARHAN's PIN was 3153. However, a search of numerous databases listed no information for either of the PIN's. Coordination with CPA disclosed the record keeping for the Hardsite Internees was poor at best. Further, since the responsibility of the Hardsite has been turned over to the Iraqi Government, there has been no improvement in record keeping to track Internees. 11111111111111111111111111111111111111111111111111111111111111111ILAST ENTRY/a///////////////////////////////////////////////////////////////

CID FOP 94


EXHIBIT 11•

FOR Ut-I-iL.tikt- uSE ONLY-LAW ENFORCEMENT SENSITIVE

S14

by

DOD-DOACI D001924

Page(s)

3?-Go

•

Referred to:



DOD-DOACI D001925

0013 789- 7969'5Z_

gicir„i6J4-17

DOD-DOACID001926

DATE: 11 APR 04

FROM: SAC, ABU GHRUYEB PRISON COMPLEX (CID) TO: DIRECTOR, USACRC, USACIDC, FORT BELVOIR, VA

CDR, HQUSACIDC //CIOP-ZA// CDR, 22 ND MP BN (CID) (FWD)//01"Sii CDR, 3D MP GROUP (CID)//OPS// SJA, 16 th MP BDE LNO CID, CJTF-7 (FOR FURTHER DISTRIBUTION) CDR, 16" MP BDE CDR, 391 st MP BN

SUBJECT: CID REPORT -INITIAL/SSI-0013-04-CID789-83982-5H6- 5Y3

DRAFTER: SA 74C1-/ RELEASER: SP

UNCLASSIFIED - FOR OFFICIAL USE ONLY 1. DATES/TIMES/LOCATIONS OF OCCURRENCES:

1. 10 APRIL 2004/1930 HRS - 10 APRIL 2004/2130 HRS, ABU GHRUYEB PRISON, ABU GHRUYEB, BAGHDAD, IRAQ

2. 11 APRIL 2004/0500 HRS - 11 APRIL 2004/0540 HRS, ABU GHRUYEB PRISON, ABU GHRUYEB, BAGHDAD, IRAQ

2. DATE/TIME REPORTED: 10 APRIL 2004, 2200

3. INVESTIGATED BY: SA 7C-I .064 EaX SA 7C-I 100-1 121,-- SA bb-1 h 7-

4. SUBJECT: 1. HAMED, ABBAS KHALID (DECEASED); INTERNMENT SERIAL NUMBER (ISN 26162); 01 JANUARY 1986; UNKNOWN, IZ; M; WHITE; DETAINEE; BAGHDAD CORRECTIONAL CONFINEMENT FACILITY (BCCF), ABU GHRUYEB, IZ; ZZ [RIOTINGUJUSTIFIABLE HOMICIDE]

2. APOSS, KNALED (DECEASED); PRISONER IDENTIFIACATION NUMBER (PIN 000012); UNKNOWN, IZ; M; WHITE, DETAINEE; BCCF, ABU GHRUYEB, IZ; ZZ (NFI) [RIOTING] [JUSTIFIABLE HOMICIDE]

5. VICTIM: 1. U.S. GOVERNMENT; (301 TH MILITARY POLICE COMPANY) [RIOTING] [JUSTIFABLE HOMICIDE]

2. U.S. GOVERNMENT; (K COMPANY, 3/24TH MARINE) [RIOTING] [JUSTIFABLE HOMICIDE)

63

DOD-DOACID001927

6. INVESTIGATIVE SUMMARY: THE INFORMATION IN THIS REPORT IS BASED UPON AN ALLEGATION OR PRELIMINARY INVESTIGATION AND MAY CHANGE PRIOR TO THE COMPLETION OF THE INVESTIGATION.

"THIS IS AN OPERATION IRAQI FREEDOM INVESTIGATION"

ON 10 MAR 04, THIS OFFICE WAS NOTIFIED BY THE 391 sT MILITARY POLICE (MP) BATTALION (BN), ABU GHRUYEB PRISON, ABU GHRUYEB, IRAQ THAT DETAINEE NAMED, WAS SHOT AND KILLED BY MP GUARDS AND DETAINEE APOSS, WAS SHOT AND KILLED BY MARINES WHEN THEY ESCAPED AFTER RIOTING IN TIERS 5A AND 5B OF THE ABU GHRUYEB PRISON HARDSITE.

PRELIMINARY INVESTIGATION REVEALED A RIOT BEGAN IN TIER 5B OF THE ABU GHRUYEB PRISON HARDSITE AND MP GUARDS SET UP A PERIMETER ON THE OUTSIDE OF TIER 5B. WITHIN TIER 5B THE PRISONERS HAD BROKEN THEIR THE LOCKS TO THEIR CELLS AND WERE THROWING ROCKS AND METAL PIPES AT THE MILITARY POLICE GUARDS. ALL MEMEBERS IF THE GUARD FORCE WERE.BRIEFED ON THE RULES OF ENGAGEMENT (ROE) AUTHORIZING THE USE OF DEADLY FORCE. MULTIPLE ATTEMPTS WERE MADE TO STOP THE RIOT UTILIZING VERBAL PERSUATION AND WITH LESS THEN LETHAL MUNITIONS. DETAINEE HAMED THEN JUMPED THROUGH A WINDOW AND WAS ORDERED TO HALT THREE TIMES BY MILTARY POLICE PERSONNEL. DETAINEE THEN ATTEMPTED TO RUN AND SPC 761.-1.0 1

301ST MP COMPANY, ABU GHRUYEB, IRAQ, ENGAGED DETAINEE HAMED WITH ONE ROUND OF BUCKSHOT STRIKING HIM IN THE BACK.

LATER THAT EVENING, IN TIER 5A OF THE ABU GHRUYEB PRISON HARDSITE, FIFTEEN DETAINEES ESCAPED OUTSIDE OF THE TEIR. DURING THE ESCAPE, U.S. MARINES RE-CAPTUREED FOURTEEN OF THE DETAINEES. WHILE THE MARINES WERE COLLECTING THE ESCAPED DETAINEE'S, A GUN SHOT WAS HEARD. DETAINEE APOSS WAS ATTMPTING TO FLEE THE PRISON BY CRAWLING ON THE GROUND TOWARD AN EXIT. LCPL 7G1 hb - , K COMPANY, 3/24TH MARINE, ABU GHRUYEB, IRAQ, IDENTIFIED DETAINEE APOSS CRAWLING ON THE GROUND AND ENGAGED HIM WITH ONE ROUND OF 5.56MM IN ACCORDANCE WITH THE ROE, STRIKING HIM IN THE UPPER SHOULDER.

AT THE WRITING OF THIS REPORT, THE EXACT TIMES OF DEATH WERE UNKNOWN OR IF AUTOPSY'S WILL BE CONDUCTED ON THE DECEADED DETAINEES.

4

DOD-DOACID001928

AT 2350, 10 APR 04, SA 7C-ii*-4 ADVISED SPC OF HIS LEGAL RIGHTS, WHICH HE WAIVED AND PROVIDED A WRITTEN STATEMENT WHICH DETAILED THE EVENTS SURROUNDING AND HIS ACTIONS DURING THE SHOOTING OF THE DETAINEE. SPC STATED HE SHOT THE DETAINEE (HAMED) TO PROTECT THE OTHER MP PERSONNEL AND TO PREVENT DETAINEE (FLAMED) FROM ESCAPING.

AT 0703, 11 APR 04, SA 7c426-/ ADVISED LCPL OF HIS LEGAL RIGHTS, WHICH HE WAIVED AND RENDERED A SWORN STATEMENT WHICH HE DETAILED THE EVENTS SURROUNDING AND HIS ACTIONS DURING THE SHOOTING OF THE DETAINEE. LCPL 7C-1/06-4 STATED HE SHOT THE DETAINEE (APOSS) TO PROTECT FELLOW MARINES AND TO PREVENT DETAINEE (APOSS) FROM ESCAPING.

THE OCONUS CID CASUALTY LIASON OFFICER (CLO) IS SA iCip6, --/

7C1b6-/ 75TH MP DETACHMENT (CID), PRISON INTERROGATION TEAM (PIT), ABU GHRUYEB PRISON, ABU GHRUYEB, IRAQ, AT DNVT 318-550-

INVESTIGATION CONTINUES BY USACIDC.

7. CID REPORTS ARE EXEMPT FROM AUTOMATIC TERMINATION OF PROTECTIVE MARKING IN ACCORDANCE WITH CHAPTER 3, AR 25-55.


65

DOD-DOACI D001929

I. Date:

CID Form 66

1 2. Time Received: 17, Case Number:

11 Apr 04 2200 0013-04-C1D789-83982 .3. Offenses(s):

Two Detainees shot and killed while trying to escape .

8. Assianed To: b

SA -.6 66 -4

4. Subject(s):

liAMED and APOSS

9. Type of Action:

ROI

5. Victims:

US Gov.

10. Reports

Type Suspense Completed g_info.s.of 11 Aur oq

6. Case Description:

At 2200 hrs. this office was notified by the 391'' MP BN operations that two detainees had been shot &rim! a riot at the "hard site - . both of which were deceased.

This is an Operation Iraqi Freedom Investigation.

-_...,, r zi 114

11. Other Action 12. CID Funds

Action Required Completed Date Amount

Criminal Info

Evidence Cust

—1 •

t

a 000 1.

L

54c

000-DOACI D001930

INVESTIGATIVE PLAN SEQUENCE NUMBER 0013-04-C1D789-83982

DATE 28 Mar 04

OFFENSE: Shooting

SUBJECT: VICTIM:

ASSIMIED TO: SA 7t-PI: bb-i

DATE NOTED PLANNED ACTIVITY DATE

SUSPENSED DATE

COMPLETED

10 Apr 04 Coordinate with SFC 1C., zt, b6 "44 10 Apr 04

10 Apr 04 Interview PVT 7C,te, /4 &I 10 Apr 04

10 Apr 04 Photograph Detainee NAMED 10 Apr 04

10 Apr 04 Interview CPL 7C. - q 1 bi, - 41 I 0 Apr 04

10 Apr 04 10 Apr 04 Coordinate with Unit CDR

10 Apr 04 Conduct Crime Scene Examination N/A

10 Apr 04 Burn pictures to CD 10 Apr 04

10 Apr 04 Interview SPC 7:“.6:4. 10 Apr 04

10 Apr 04 Interview LCPL 7C- - ttli i,* -I/ 11 Apr 04

10 Apr 04 Interview SGT IC'4 60t. 11 Apr 04

10 Apr 04 Interview LCPL 7C-0, b:: -.4 II Apr 04

10 Apr 04 Coordinate with SJC (CPT "7:-, 4,6-4.4 -t,11 12 Apr 04

1

MISCELLANEOUS ACTIVITY ACTION COMPLETED ACTION COMPLETED

Obtain MP Report ■ Sources targeted 1111

NCIC entry on stolen prop ■ Medical records requested ■ Film submitted for contact sheet ■ Name check dispatched ❑

2701s issued to all of the victims and witnesses

■ Name check results received ■

CONTACTS/PHONE NUMBERS INVESTIGATIVE STANDARDS ACTIVITY/PERSON PHONE NUMBER VICTIMS INTERVIEWED 24 hours

EYE WITNESSES INTERVIEWED 24 hours EVIDENCE DEPOSITED 1 duty day LAB REQUESTS 5 duty days RFA'S SENT OUT 5 duty days MEANINGFUL INV ACTIVITY 10 duty days RFA FOLLOW UP 15 duty days KNOWN SUBJ FINALS 15 duty days UNFOUNDED FINALS 15 duty days UNKNOWN SUBJ FINALS 30 cal days ACTION TAKEN 30 cal days

._.. - • - __ .. ..

---- . _...

__ . '

900u0„2

DOD-DOACID001931

At 2230, 10 Apr 04, SA 7e-//661. 'nterviewed PVT . b6 4 301st Military Police (MP) Company, Baghdad Correctional Confinement Facility (BCCF), Abu Ghruyeb, Iraq. PVT 7Colt , ,66, -Cr.tated he was one of three MP's who were guarding the outside of Tier 5B. PVT . Go stated a Detainee (HAMED) crawled through a burned out window. The MP's present announced three times for Detainee HAMED to halt and he began to run. SPC 7C.-4 / /26-6, ;16-001st MP Company, BCCF, Abu Ghruyeb, Iraq, fired one round buckshot

which struck Detainee HAMED in the back which killed him.

About 2235, 10 Apr 04, SA 416-/ xposed photographs of the detainee and his injuries using a Kodak digital camera. (See Photo Log)

At 2245, 10 Apr 04, SA 74 41,71 interviewed CPL 7C - (p —

Olst MP Company, BCCF, Abu Ghruyeb, Iraq. CPL -3161.-3 stated she noticed a Detainee crwling through a window on the bottom floor. Detainee HAMED was told three times to stop, then Detainee HAMED started to run. SPC Icii,b. - then fired one round of buckshot which killed him. CPL 7C- 3 related, SPC7_A.3and PVT -19 bt,-/9 lttempted to administer first aid to the Detainee, but were forced back by other Detainee's throwing rocks and pipes at them.

At 2300, 10 Apr 04, SA 714, :oordinated with CPT 7 Cr Commander, 301st MP Company, BCCF, Abu Ghruyeb, Iraq and briefed him on the status of this investigation.

AGENT'S COMMENT: A Crime Scene Examination was not conducted due to officer safety concerns. As MP and CID personnel were approaching the crime scene, Detainees began throwing rocks and pipes.

About 2330, 10 Apr 04. SA 7C-6 kb-70 oordinated with LTC be commander. 391 s' MP BN. Abu Ghruyeb Prison. Iraq and briefed him on

the status of this case.

About 2350, 10 Apr 04, SA 7e i bb.' I office. advised SPC k' '

his legal rights, which he waived and provided a sworn statement detailing the

?REV? Ei : ALS r'T Th!. FOF:: LI. RE: 1.7SELA.:::7::. EXHIOISTE:

AGENTS Acrivrry SOINIARY ((II) Regulation 195-I)

CONTROL NUMBER

0013-04-C1D789-83982

TIME, DATE, AND AGENT

BASIS FOR INVESTIGATION: At 2200, 10 Apr 04. this office was notified by the 391st Military Police (MP) Battalion (BN). Baghdad Correctional Confinement Facility (BCCF), Abu Ghruyeb. Iraq, that one Detainee (HAMED) was shot and killed when he tried to escape from 5B of the hardsite.

About 2220, 10 Apr 04, SA ic,-/ I As tis office, coordinated with SFC -/C' 3 391 st Military Police (MP) Battalion (BN).

Prisoner In-Processing Section, Abu Ghruyeb. Iraq (AGI), who stated he could not identify the deceased detainee using a retinal scan. SFC Sated the detainee was not in the system.

2200. 10 Apr 04 V -1

I: 10. T:0

2220, 10 Apr 04 7C- I, 66 /

I: 20, T: 10

2230, 10 Apr 04 1d -1

1: 20.1: 10

2235. 10 Apr 04

1: 10. T: 0

2245. 10 Apr 04 7t -/ k6--/ I: 20, T: 10

2300, 10 Apr 04 14 I: 20, T: 0

2230 10 Apr 04 74. -4 ; 6'46 -1

1: 20. T: 0

2350, 10 Apr 04

;b6-/

CID FORM 28-R 1 OCT 80

SUMMARY OF INVESTIGATIVE ACTIVITY

DOD-DOACID001932

AGENTS ACTIVITY SUNINIARY (CID Regulmion I95-11

CONTROL NUMBER

0013-04-C1D789-83982

SUMMARY OF INVESTIGATIVE ACTIVITY TIME. DATE, AND AGENT

0810, 11 Apr 04 i bt -I

1: 30, T: 0

0830, 11 Apr 04 le

I: 20. T: 0

0906, 11 Apr 04 -74'4/ /.2;

I: 10, T: 0

1000, 11 Apr 04 f

I: 20, T: 0

incident. (See Sworn Statement)

BASIS FOR INVESTIGATION: About 0600, 11 Apr 04. this office was notified by the 391st Military Police (MP) Battalion. Abu Ghruyeb. Iraq (AGI ) that another detainee was shot and killed while trying to escape.

About 0703. 11 Apr 04, SA -ICI- b-/ iterviewed LCPL 2 LI blts- 3 K Company 3/24 Marines, AGI. - '/gr; as

advised of his legal rights, which he waived and provided a sworn statement detailing his actions. ei'itated that he shot the detainee to protect his position and to keep the detainee from escaping in accordance with the Rules of Engagement (ROE) that he was briefed. (See Waiver and Sworn Statement of '"ie ►

About 0810, 11 Apr 04, SA 7CI-4 jk5-1 Iterviewed SGT IC - , hi, -3 , K Company 3/24 Marines, AGI, who provided a verbal statement regarding the

incident. -7... 1 stated he was the Sergeant of the Guard (SOG) for the midnight shift.

sated he had to post the shift early as there was a report of escaped detainees loose inside the compound. While posting the shift, they encountered and detained 13 detainees who had escaped. 7C--31 h6.5ated he briefed his personnel on the use of deadly force. "r4e14.-...Y . tated he told the Marines use of deadly force was authorized if Marines or Coalition Forces were threatened or in fear of grievous bodily harm. 7::11* -3 stated the Marines were also briefed by an Army sergeant (NFI) that deadly force was authorized to capture detainees who had escaped from the hardsite. 7c bk.- 3 ated after posting his Marines, there was a shot(s) fired from an undetermined location inside the compound, and there was still one escaped detainee unaccounted for inside the compound. x,ig . - 43tated everyone was at a heightened state of alert.

About 0830, 11 Apr 04, SA bb-/ ,riefed CPT 7C: Executive Officer, K Company 3/24 Marines, AGI, on the status of this investigation.

jC .3, 4.3 stated his Marines are trained and empowered to make decision regarding use of force on the spot. Awed the Marines are not expect or required to call requesting permission to use deadly force.

At 0906, 11 Apr 04, SA 7c-/ / )ordinated with SFC Z -73" - /11' • 3 d obtained a copy of the death certificate pertaining to Detainee HAMED.

About 100Q, 11 Apr 04, SA it.?-1, .00rdinated with SSG 7C-til • 104 61,04 301st MP Company, AGI. who was the Hard site Shift NCOIC. SSG

tated a review of the pass-on book disclosed the deceased detainee was Khaled APOSS, #TAS00012, Tier SA Cell 227, (NFI). SSG 7C ated the Coalition Provisional Authority (CPA) maintained all of the prisoner files, and there were no additional information available at the hardsite.

About 1030, II Apr 04, SA 7G-f, 6T nterviewed LCPL 1C3 Pt) C Company 3/24 Marines. AGI, who provided a verbal statement

regarding the incident. -7C3,kt ated about 0400. 11 Apr 04. they were notified that there were escaped detainees loose int he compound. •7C ated they captured 13 of the 14 detainees prior to taking their post at Tower 3. .7C-3, h6 3

1: 40. T: 0

0600. 11 Apr 04

1:10.

0703, 11 Apr 04 IC -1 / I: 40, T: 0

1030_ 11 Apr 04

I: 20. T: 0


FFEVI007. EDfl. IONS OF THIS FORM WILL. BE USEDUNT:L EXHAUSTED PAC,F 2

DOD-DOACID001933

AGENTS ACTIVITY SUMMARY (CID Regulation 195-I)

CONTROL NUMBER

0013-04-C1D789-83982

SUMMARY OF INVESTIGATIVE ACTIVITY TIME, DATE, AND AGENT

stated they heard a report from Tower 4 of activity in the vacinity of the tower, then heard a report of shot(s) fired. 7etzt tated they (he and . kz -3 believed the reports were related, and they feared the escaped detainee may have taken a weapon. 4 ,, 2 stated 14 A saw the detainee low crawling towards their position. stated rt" ired at the detainee once, believing the detainee was a threat.

0930, 12 Apr 04 1 Wq

1 : 20, T: 0

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At 0930, 12 Apr 04, SA IC• -/i bt,- I ordinated with CPT 7C, /76 - 3

Command Judge Advocate, 504th Military Intelligence Brigade and Abu Ghruyeb Prison, Abu Ghruyeb, Iraq. CPT -.3 )pined that no crime was committed and the shootings were Justifiable Homicide.

Pending interviews of MAJ x,k 1 3 and LTC 7C,bb

File to SAC for review:

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CID FORM 28•R 1 OCT 80 PAM' I OUS OUS or THIS FORM E.E S EDDI:7 1 1. EXHAUSTED PAGE 3

DOD-DOACI D001934

CONTROL NUMBER

0013-04-C1D789-83982 AGENTS ACTIVITY SUMMARY

(CM Regulstiun 195-11

SUMMARY OF INVESTIGATIVE ACTIVITY TIME. DATE, AND AGENT

To OPS for review: 25 May 2004 7C-1

.13101■111•=1.11.1110110•■•■••••■■•■


PREVIOUS EDITIONS OF THIS FORM WILL BE USEDUNTIL EXHAUSTED PAGE 3

Lj ,„1 .,j

DOD-DOACID001935

AGENTS ACTIVITY SUMMARY (CID Regulation 194I)

CONTROL NUMBER

0013-04-C10789-83982

SUMMARY OF INVESTIGATIVE ACTIVITY TIME, DATE, AND AGENT

..)600, 15 Jun 04 Ahe I: 30

1100, 16 Jun 04 70,,fit -1

I: 30

1130, 16 Jun 04 liar I: 30

1230, 16 Jun 04 ribbi I: 30

1930, 16 Jun 04

I: 30

0900, 17 Jun 04

I: 30

1500, 21 Jun 04 -20 t --/

I: 90

Directed by CW3 RVA. AOPS, 22nd MP BN that this investigation needed to be reopened to document the receipt of death certificates or lack thereof. (See email #1)

Coordinated with detainee in-processing who did not have a copy of either detainees death certificate. (See AIR'

Coordinated with Aid Station who only had a copy of HAMED's death certificate. (See AIR)

Coordinated with MI. (See AIR)

Coordinated with CW3 XitZt3 22nd MP BN to obtain death certificate from Mortuary affairs.

Received information from CW3 74ht, 3 at Mortuary Affairs did not have a copy of either detainees death certificate. (See AIR)

Prepared Supplemental and distro via SIPR. Case closed.

CID FORM 28-R 1 OCT 80 PREVIOUS EDITIONS OF THIS FOFt14 WILL BE UEDUNT I L EXHAUSTED

PAGE 2

DOD-DOACID001936

Page(s)

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DOD-DOACI D001945

DEPARTMENT OF THE ARMY 22.° Military Police Battalion (CID)

UNITED STATES ARMY CRIM:NAL INVESTIGATION COMMAND CAMP VICTORY, IRAQ, APO AE 09342

REPLY TO ATTENTION OF

CIMPL-ZA

26 May 04

MEMORANDUM FOR Commander, USACIDC, Atm: CIOP-COP-OP, 6010 6 th St., Fort Belvoir, VA

SUBJECT: Request for Information (RFI 0212-04-CID001)

1. A review of CID Report of Investigation (ROI) 0013-04-CID789-83982 disclosed the investigation was weak in the areas of thoroughness and documentation but strong in timely reporting and timeliness of investigation. Several report writing errors were noted but none that warrant mentioning. Most were corrected through supplemental reports.

2. From a thoroughness perspective, the photographs of the victims and crime scene were not taken consistent with the requirements or protocols of a homicide investigation. An autopsy was not requested based on guidance provided by the Battalion Forensic Science Officer, however, this decision should be explained somewhere in the written report. At a minimum, agents should have conducted a thorough examination of the detainees' remains, and described them in the report. A crime scene examination should have been conducted when hostilities stopped to document the two shooting scenes in the report. An explanation of the lighting conditions, at the time of the shootings and locations, should have been provided in the report. Death certificates for the deceased persons should have been obtained, and included with the report. Lastly, the "shooters" were not titled as subjects, which is inconsistent with Department of Defense guidelines. However, this action was discussed and authorized by battalion supervisory staff.

3. The point of contact is the undersigned Al / i 0"c army mil

7C -I • MI -I

Criminal Intelligence Coordinator

J t• ■.• 1

DOD-DOACI D001946

Page I 013 001 2)-o-f - L(piss5

cf, -;Ost, RCM CW3 22ND MP EN/FSC" e lireq.centcum.smil.mil›

Add Sender

Sant Tuesday, June 15, 2004 3:44 pm

To CK -21:0 @us.army.smil.mil

Subject RE: RE: 0016-04-C1D739

Leave it undetermined. If all the leads are complete, close and publish the final supplemental. Did you get a death cert from the doc who declared him? That's something CID CMD is bouncing cases back for. I've got a list of them that are going to be sent back to the field to do exactly that. You've got two of them, 0013-04 and 0040-04, both of them are from riots where detainees were justifiably shot. You'll need to get DC's if they're available, then republish the finals. If not available, publish a final with an AIR documenting the effort to locate them.

Know this is a pain, appreciate the work.

Later,

ht. CW3, MP HOPS/FSO 22nd MP BN (CID) APO AE 09342 DNVT 302.550

Original Message From: [mailto: Js.army.smil.mil] Sent: Tuesday, June 15, 2004 3:23 PM To: 3, 3 CW3 OTF7-22ND MP BN/FSO Subject: Re: RE: 0016-04-CID789

Mr

Here is the email traffic on the case in question about the Undetermined Death.

All the activity has been completed and now I'm wondering what I should do? Change it back to Natural? Leave it as Undetermined? I figure your the best expert on this one. This occurred right before "they" decided we were going to do autopsies.

This case has one interesting fact it occurred or, the day when all of Abu (CID) was getting the new CIF stuff on Camp Victory. I remember this day because ialdxgked me if I knew anything about this death as we were going to get our CIF.

" -- e - at th -Z :nfiDi'Mati.Dr: I think the-. UP', niiiitary. did this E beat disserv•ice in ndt treating Nrn properly...then again...1

8

DOD-DOACID001947

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DOD-DOACID001953

DEPARTMENT OF THE ARMY 222^D MILITARY POLICE BATTALION (CID)

UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND APO AE 09342

CIMPL-OP

4 JUN 04


SUBJECT: CID REPORT OF INVESTIGATION - FINAL SUPPLEMENTAL - 0139-03-C1D259-61189-5H9A

DATES/TIMES/LOCATIONS OF OCCURRENCE: 1. 11 AUG 03/1700 - 11 AUG 03/1700; COMPOUND 2,

BAGHDAD CENTRAL CONFINEMENT FACILITY (BCCF), ABU GHRAIB, IZ

DATE/TIME REPORTED: 16 AUG 03, 1800

• I INVESTIGATED BY: SA

SUBJECT: 1. NONE; [NATURAL DEATH]

VICTIM: 1. MIHDY, WATHIK SALAH (DECEASED); CIV IRAQ; INTERNMENT SERIAL NUMBER (ISN) 14028; M; WHITE; COMPOUND 2, BCCF, ABU GHRAIB, IZ; (NFI); [NATURAL DEATH]

INVESTIGATIVE SUMMARY: About 1800, 16 Aug 03, the 10" MP BN (CID) reported the death of a detainee while in the custody of U.S. Forces, at the BCCF.

Investigation disclosed that on 11 Aug 03, at Compound 2, BCCF, detainee MIHDY, while detained by U.S. Forces died as result of Arteriosclerotic Cardiovascular Disease and the manner of death was natural.


ADDED ATTACHED:

farrlila. 4. .Agent's Investigation Report (AIR) of SA , 4 Jun 04, pertaining to initiation of investigation and receipt of final autopsy report and Information Report.

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DOD-DOACID001954

5. Armed Forces Institute of Pathology (AFIP) Autopsy Examination Report 03-366B, 19 May 04, pertaining to detainee MIHDY.

6. AIR of SA 31 May 04, pertaining to Iiiig\ i;

coordination with Magistrate's Cell, BCCF.

ADDED NOT ATTACHED:

None

The originals of Exhibits 4 and 6 are forwarded with the USACRC copy of this report. The original of Exhibit 5 is retained by AFIP.

STATUS: This is a Final Supplemental report. This investigation is terminated IAW CIDR 195-1, para 4-17a(8)a, medical authorities determined detainee TALEB's death resulted from natural causes and there is no evidence to contradict their findings.

Report prepared/Approved By:

MOM CW4, MP Operations Officer

DISTRIBUTION:

1 USACRC (original) 1 CDR, BCCF 1 DIR, Armed Forces Institute of Pathology, AFIP Annex Bldg 102, 1413 Research Blvd, Rockville, MD 20858 1 THRU: CDR, 3rd ME, Gp (CID), Ft Gillem, GA

TO: HQUSACIDC, ATTN: CIOP-COP-CO, Ft Belvoir, VA 1 SJA, BCCF (email) 1 PMO, BCCF (email) 1 DCG, Detainee OPS, MNC-I (email) 1 PMO, MNC-I (email) 1 SJA, MNC-I (email) 1 File

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