JS GHOST DOCS 721

UNCLASSIFIED

PROBLEM(U) "That military interrogators improperlyused extremes of heat and cold duringtheir interrogation of detainees."

RECOMMENDATION(U) The allegation should be closed.

OPR: SOUTHCOMOCR: UsD(I)

296

SF-05 "Heat & Cold"______••• 11

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 722

UNCLASSIFIED

PROBLEM(U) "That military interrogators improperlyused sleep deprivation againstdetainees."

RECOMMENDATION(U) The allegation should be closed.Recommend USSOUTHCOM clarifypolicy on sleep deprivation.

OPR: SOUTHCOMOCR: UsD(I)

297

SF-06 "Sleep Deprivation"______••• 11

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 723

UNCLASSIFIED

PROBLEM(U) "That military interrogators used ducttape to cover a detainee's mouth andhead. "

RECOMMENDATION

SF-07 "Duct Tape"______••• 11

FIX/ACTION/CHANGE:

Fix:

Action:

(U) Command action was inadequate withrespect to the ICE Chief. He should beformally admonished or reprimanded fordirecting an inappropriate restraint to beused on a detainee.

OPR:OCR:

298

SOUTHCOM

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 724

UNCLASSIFIED

PROBLEM(U) "That military interrogators improperlychained detainees and placed them in afetal position on the floor."

RECOMMENDATION(U) The allegation should be closed. TheAR 15-6 was not able to find anyevidence to adequately assignresponsibility for these actions. Thispractice is now specifically prohibited bycurrent GTMO interrogation policy.

OPR: SOUTHCOMOCR:

299

SF-OB "Chaining"______••• 11

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 725

UNCLASSIFIED

SF-09 "Interrogation Interference"______••• 11

PROBLEM(U) "That military personnel improperlyinterfered with FBI interrogators in theperformance of their FBI duties."

RECOMMENDATION(U) The allegation should be closed.

OPR: SOUTHCOMOCR:

300

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 726

UNCLASSIFIED

PROBLEM(U) "That military interrogators denieddetainees food and water for longperiods of time."

RECOMMENDATION(U) The allegation should be closed.

OPR: SOUTHCOMOCR:

301

SF-10 "Food & Water"______••• 11

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 727

UNCLASSIFIED

SF-ii "Military Working Dogs"______••• 11

PROBLEM(U) FIRST SPECIAL INTERROGATION PLAN"That military interrogators improperly usedmilitary working dogs (MWD) duringinterrogation sessions to threaten detainees, orfor some other purpose."

RECOMMENDATION(U) The allegation should be closed. While theICE Chief was aware of and condoned the firstuse of the MWD, additional corrective action isnot necessary. The event occurred on twooccasions and was expressly approved after thefirst occasion for this detainee. This practice isnow specifically prohibited by current GTMOinterrogation policy.

OPR: SOUTHCOMOCR:

302

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 728

UNCLASSIFIED

SF-12 "Lap Dance"______••• 11

PROBLEM(U) FIRST SPECIAL INTERROGATION PLAN "Thata female military interrogator performed a "lapdance" on a detainee during an interrogation. I haveexpanded this allegation to "That female militaryinterrogators performed acts designed to takeadvantage of their gender in relation to Muslimmales. "

RECOMMENDATION(U) The allegation should be closed. No commandaction is necessary with respect to the individualinterrogators. Their supervisor acknowledged thathe approved the approached at the time of theinterrogation. AR 15-6 recommends that theapproval for the use of gender coercion as futilitytechniques be withheld to the JTF-GTMO CG.

OPR: SOUTHCOMOCR:

303

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 729

UNCLASSIFIED

SF-13 "Loud Music"______••• 11

PROBLEM(U) FIRST SPECIAL INTERROGATION PLAN "That000 interrogators improperly played loud music andyelled at detainees."

RECOMMENDATION(U) The allegation should be closed. RecommendJTF-GTMO develop specific guidance on the lengthof time that a detainee may be subjected to futilitymusic. Placement of a detainee in the interrogationbooth and subjecting him to loud music and strobelights should be limited and conducted within clearlyprescribed limits.

OPR: SOUTHCOMOCR: USD

304

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 730

UNCLASSIFIED

SF-14 "Heat & Cold"______••• 11

PROBLEM(U) FIRST SPECIAL INTERROGATION PLANThat military interrogators improperly usedextremes of heat and cold during theirinterrogation of detainees."

RECOMMENDATION(U) The allegation should be closed.

OPR: SOUTHCOMOCR:

305

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 731

UNCLASSIFIED

SF-i5 "Sleep Deprivation"______••• 11

PROBLEM(U) FIRST SPECIAL INTERROGATION PLANThat military interrogators improperly usedsleep deprivation against detainees."

RECOMMENDATION(U) The allegation should be closed.Recommend USSOUTHCOM clarify policy onsleep deprivation.

OPR: SOUTHCOMOCR: USD(I)

306

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 732

UNCLASSIFIED

SF-16 "Inappropriate Interrogation Techniques"______••• 11

PROBLEM(U) FIRST SPECIAL INTERROGATION PLAN

In addition to the FBI allegations addressedabove, additional interrogation techniques (notall inclusive) were used in the interrogation of thesubject of the first Special Interrogation Plan.Each act is documented in the interrogationMFR's maintained on the subject of the firstSpecial Interrogation Plan.

RECOMMENDATION(U) The Commander JTF-GTMO should be heldaccountable for failing to supervise theinterrogation of the subject of the first SpecialInterrogation Plan and should be admonished forthat failure.

OPR: SOUTHCOMOCR:

307

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 733

UNCLASSIFIED

PROBLEM(U) In addition to the allegations above,the AR 15-6 also considered additionalallegations raised specifically by thesubject of the first Special InterrogationPlan.

RECOMMENDATION

(U) The allegation should be closed.

OPR: SOUTHCOMOCR:

308

SF-17 "Additional Allegations"______••• 11

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 734

UNCLASSIFIED

SF-i8 "Subject to Torture"______••• 11

PROBLEM(U) SECOND SPECIAL INTERROGATION PLAN

In addition to the interrogation logs, the AR-16 alsoconsidered allegations of abuse raised by thesubject of the second special interrogation, himself.Specifically, after months of cooperation withinterrogators, on 11 Dec 04, the subject of thesecond special interrogation notified hisinterrogator that he had been "subject to torture" bypast interrogators during the months of July toOctober 2003.

RECOMMENDATION(U) The allegation should be closed.

OPR: SOUTHCOMOCR:

309

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 735

UNCLASSIFIED

SF-19 "Removal ofBDU Tops"______••• 11

PROBLEM(U) The subject of the second specialinterrogation alleges that female militaryinterrogators removed their BDU topsand rubbed themselves against thedetainee, fondled his genitalia and madelewd sexual comments, noises, andgestures.

RECOMMENDATION

(U) The allegation should be closed.

OPR: SOUTHCOMOCR:

310

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 736

UNCLASSIFIED

PROBLEM(U) The subject of the second SpecialInterrogation Plan alleges that in latesummer of 2003 he was hit by guardsand an interrogator "very hard" and "withall their strength" he was hit "allover."

RECOMMENDATION(U) The allegation should be closed.

OPR: SOUTHCOMOCR:

311

SF-20 "Hit by Guards"______••• 11

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 737

UNCLASSIFIED

PROBLEM(U) A 000 interrogator improperlyimpersonated a Navy Captain assignedto the White House.

RECOMMENDATION(U) The allegation should be closed. Nofurther action necessary.

OPR: SOUTHCOMOCR:

312

SF-21 "Navy Captain"______••• 11

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 738

UNCLASSIFIED

SF-22 "Threats to Detainee & Family"______••• 11

PROBLEM(U) That Military Interrogators threatened thesubject of the second special interrogation andhis family.

RECOMMENDATION

(U) While the threats do not rise to the level oftorture as defined under U.S. law, the factssupport a conclusion that the Special TeamChief violated the UCMJ, Article 134, bycommunicating a threat. Recommend hiscurrent commander discipline the SpecialTeam Chief.

OPR: SOUTHCOMOCR:

313

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 739

UNCLASSIFIED

SF-23 "Treatment ofAll Detainees"______••• 11

PROBLEMFIX/ACTION/CHANGE:

RECOMMENDATION(U) Recommend a policy-level review anddetermination of the status and treatmentof all detainees, when not classified asEPWs. This review needs to particularlyfocus on the definition of humanetreatment, military necessity, and properemployment of interrogation techniques.(e.g. boundaries or extremes)

OPR: DASD-DAOCR:

314

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 740

UNCLASSIFIED

SF-24 "Authorized Interrogation Techniques"______••• 11

PROBLEMFIX/ACTION/CHANGE:

RECOMMENDATION• (U) Recommend study of the 000authorized interrogation techniques toestablish a framework for evaluating theircumulative impact in relation to theobligation to treat detainees humanely.

OPR: USD(I)OCR:

315

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 741

UNCLASSIFIED

PROBLEM

RECOMMENDATION(U) Recommend a reevaluation of the000 and Inter-agency interrogationtraining consistent with the new realitiesof the requirements of the global war onterror.

OPR: USD(I)OCR:

316

SF-25 "Interrogation Training"______••• 11

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 742

UNCLASSIFIED

PROBLEM

RECOMMENDATION

• (U) Recommend a policy-leveldetermination on role of Military Police in"setting the conditions" for intelligencegathering and interrogation of detaineesat both the tactical level and strategiclevel facilities.

OPR: USD(I)OCR: USA

317

SF-26 "Role ofMP"______••• 11

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 743

UNCLASSIFIED

SF-27 "Standardsfor Interrogation"______••• 11

PROBLEMFIX/ACTION/CHANGE:

RECOMMENDATION(U) Recommend an Inter-Agency policy review toestablish "standards" for interrogations when multipleagencies and interrogation objectives are involved.Particular emphasis should be placed on settingpolicy for who has priority as the lead agency, thespecific boundaries for the authorized techniques incases with multiple agencies involved, a central"data-base" for all intelligence gathered at a detentionfacility, and procedures for record keeping to includehistorical, litigation support, lessons learned, andsuccessful/unsuccessful intelligence gatheringtechniques.

OPR: USD(I)OCR:Inter-agency Action: DOJ

318

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 744

UNCLASSIFIED

______••• 11

319

LTG Kiley

Report

23 Findings

(Provisional Recommendations)

UNCLASSIFIED

JS GHOST DOCS 745

UNCLASSIFIED

K-Ol "Medical Records -Detainee Abuse Reporting"______••• 11

PROBLEM(U) A significant number of medical personnel surveyed fromthe AC/RC that have served or are serving in OEF, GTMOand OIF report they did not receive any school training ondetainee medical records or training on detainee abusereporting.

RECOMMENDATION(U) AMEDDC&S should ensure standardization of training of

detainees healthcare documentation and disposition ofretired detainee records across the entire healthcarespectrum in all theaters, from the point of capture andcollection point to the detention facilities.

OPR: ArmyOCR: OSD

320

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 746

UNCLASSIFIED

K-02 "Training-TOE 70E & 91G Personnel"______••• 11

PROBLEM(U) PAD officers expressed concerns about maintaining proficiency

for TOE 70E and 91 G personnel. Skills training and sustainmenthave not been a unit priority.

RECOMMENDATION(U) Establish a team under the direction of the AMEDDC&S

comprised of clinicians and PAD expertise with exceptionalknowledge of the generation, storage, maintenance and collection ofdetainee medical records from the point of capture, collection pointto the detention facilities. The tasks and training content should bedeveloped by this team. The AMEDDC&S should facilitate thisprocess. The above team should analyze courses' POls and LPs todetermine training gaps in the generation, storage and collection ofdetainee medical records. (U) Create and deploy an exportabletraining package specific to the generation, storage and collection ofdetainee medical records for medical personnel in AC/RC TDA andTOE medical units. Medical assets assigned to AC/RC MP andmaneuver units should receive the training package. (U)Incorporate training that is focused on the generation, storage andcollection of detainee medical records into the 70E and 91 Gcourses. (Additional recommendations cited on 6-5 not recordeddue to limited space available).

aPR: ArmyOCR: OSD321

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 747

UNCLASSIFIED

K-03 "Medical Reporting-Detainee Abuse"______••• 11

PROBLEM(U) Less than half of all students surveyed reported thattraining included a process of medical reporting forsuspected detainee abuse.

RECOMMENDATION(U) Tools should be introduced to assist students in recallingtheir training; for example, a reference pocket training aid.The tool should display a decision algorithm to assist themin distinguishing actual or suspected abuse from injuries asa result of lawful combat operations. (U) AMEDDC&S, asthe proponent for training of medical personnel in detaineehealthcare across the entire healthcare spectrum in theater,from the point of capture and collection point to a detentionfacility should: (see 6-14). (U) MEDCOM should provide allmedical senior leaders (AC/RC) detention care policies,regulations and references which could be accessedthrough the Army Knowledge Online (AKO) site. MEDCOMshould continually update AKO so that evolving guidance,tools and references are current (see 6-14).

OPR: ArmyOCR:

322

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 748

UNCLASSIFIED

K-04 "Standard ofCare"______••• 11

PROBLEM(U) Present DA and 000 guidance regarding the standard of care

for detainees has gaps, at times is ambiguous, and is not specificenough.

RECOMMENDATIONAlthough not required by law, DA guidance (DOD level is

preferable) should standardize detainee medical operations forall theaters, should clearly establish that all detained individualsare treated to the same care standards as U.S. patients in thetheater of operation, and require that all medical personnel aretrained on this policy and evaluated for competency. Specificareas of guidance should include: 1) initial and continualscreening assessments, 2) medical care equal to standards forU.S. Soldiers in the theater of operations, 3) informed consent, 4)protection of detainee medical information, 5) documentation inand handling of medical records, 6) recognition, documentation,and reporting of suspected abuses, 7) planning factors formedical resources required for detainee care. (U) All medicalpersonnel must be trained on this guidance, with follow-upassessment of competency. (Recommendation continues - see7-6)

OPR: OSDOCR: Army

323

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 749

UNCLASSIFIED

K-05 "Medical Screening"______••• 11

PROBLEM(U) Guidance regarding criteria for pre and post-interrogation medical

screening is inconsistent.

RECOMMENDATION(U) DA guidance (000 level is preferable) should: a) authorize

medical personnel to halt any interrogation or interrogationtechnique if the detainee's health or welfare is endangered; b)require interrogations to stop immediately if a detainee requires anymedical treatment during the interrogation; c) authorize medicalpersonnel to perform pre- and post-interrogation med evals at theirdiscretion; d) require pre-, during, and post-interrogation medicalcare delivered to be documented and included in the detaineemedical records; e) require all pre, during and post-interrogationmedical evaluations be performed and included in the detaineemedical records; f) describe the process for documenting medicalcare during or due to an interrogation; g) describe the process toreport and document in the medical record suspected abuse; h)require medical personnel to be trained on the aboverecommendations, with follow-up assessment of competency tomeasure the effectiveness of training.

OPR: OSD324 OCR: USD(I)

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED

JS GHOST DOCS 750

UNCLASSIFIED

K- 06 "Maintaining Medical Records"______••• 11

PROBLEM(U) Detention facilities that kept medical records - Intervieweesfrom units providing level I and II medical care reported extremevariability in method of documentation, circumstances influencingthe creation of documentation, and the maintenance and finaldisposition of detainee medical records.

RECOMMENDATION(U) Require that detainee medical records at facilities that deliver

level III and higher care be generated in the same manner asrecords of U.S. patients in theater. Address the appropriatelocation an duration of maintenance as well as the final dispositionof detainee medical records at facilities that deliver level III orhigher care. Define appropriate generation, maintenance,storage, and final disposition of detainee medical records at unitsthat deliver level I and II care. Address the need for uniformdocumentation, to include accurate identification of all individualsentering information into all detainee medical records. Clearlyoutline the rules for access to detainee medical records andprovision of medical information to non-health care providers.The guidance should only permit release of detainee medicalinformation to interrogators when needed to ensure the health andwelfare of the detainee.

325 aPR: ArmyOCR:

FIX/ACTION/CHANGE:

Fix:

Action:

ChanY!il.:

UNCLASSIFIED