Documents from Department of Defense and Department of Navy
(released by the Government 06/15/06, released by the ACLU 07/10/06 | More Torture Documents Released Under FOIA)

Agency Stamp Title of Record Geographic Region of Incident Description of Record
1054-1138 Commanding Investigation of Incidents of Inappropriate Treatment of Iraqi detainees by [Redacted], USMCR on or about 14 June 2003 and 29 June 2003 at Al Kut, Iraq IRAQ Investigation into incident of abuse where superior officer ordered subordinates to take detainees' money, strip them naked and release them in their underwear. Some soldiers protested. Investigator recommends NJP [non-judicial punishment?] followed by administrative separation processing through a Board of Inquiry, because non-punitive administrative action or counseling “is insufficient for these offenses.” (1058). Investigator states, “Furthermore, the alleged conduct is a pattern of abuse of detainees in direct contravention to the Division Commanders policy of “No Better Friend, no worse enemy” as well as the law of war. SNO's conduct of publicly humiliating these Iraqis clearly jeopardized the Battalion's mission and the Battalion's standing with the public in Kut. Although there is no direct evidence of fallout from SNO's actions, these acts could have been a “tipping point” resulting in hostility against coalition forces. Furthermore, discomfort with being ordered to perform these actions and an inability to countermand the order of a superior commissioned officer are running theme is the statements of the sergeants and below.” (1058).. Statements about incident in which truck was stopped at checkpoint when it didn't slow down. Marines fired shots and persons were injured. Marines were ordered to confiscate money in the truck and burn clothes, blankets and pillows in truck. (1114) (Could be same as document 1)
1139-1175 Results of the Preliminary Inquiry into circumstances surrounding the death of Awayed Wanas Jabar, Detainee 132 on April 19, 2004. IRAQ Investigation into death of Awayed Wanas Jabar, Detainee 132. Date of death: April 19. 2004. Jabar was thought to be preparing to become a martyr because of his attire and dyed hands. Jabar was restrained after he made several attempts to escape in which he was successful in untying himself. Guards called him “Houdini” because of his ability to get free. During one escape he threw himself out of a window on the 1 st floor and sustained a head injury. A doctor was called who examined him and said he was OK. Jabar was then tied to a window with his back to the window, arms stretched apart, with his legs tied to the bars of the window and a strap of engineer tape to his midsection. “His position resembled that of a person who had been crucified.” (1148). Jabar was in this position for at least an hour and a half. A HET1 member who visited the facility said that “the detainee appeared to be exhausted, with his entire bodyweight appearing to be supported by the strap around his midsection. The HET member indicated that the strap was “pushing back, almost touching his spine.'” The HET member instructed to cut the waist strap. He died about 15 minutes later. A guard witnessed Jabar take several deep breaths, exhale deeply, and cease breathing. (1149). The exact cause of death is unknown because the body was released to Iraqi personnel at their request in order to ensure burial by sundown on the day of death. Uncertain whether the death was due to the head injury from falling from the window or asphyxia. There was also some evidence that he had been made to stand a long time. Investigation concluded that “There is no evidence that his death was the result of any assault, pummeling or any other abuse once he was in our custody. The guards would have been within their authority to shoot him or at least one of the escape attempts. Whole the changes to guard routines at [redacted] holding area are appropriate, none of them in themselves would have prevented the death of an enemy intent on dying in our hands.”
1176-1178 Report of Board Inquiry into the case of [Redacted], USMCR IRAQ Marine accused picked up four Iraqi men for looting. Directed that they be searched, stripped of their clothes and released. Marines fired upon and disabled a truck that attempted to speed through the checkpoint. Two Iraqi men were wounded by the fire. While searching the vehicle, Marines uncovered clothing and seat cushions which they burned. SJA recommends involuntary separation from the Navy.
1179-1182 Documents Relating to Case of [redacted] IRAQ Senior Naval Officer ordered that detainees be stripped of their clothing and that their money be taken away from them before being released. Punishment: Forfeiture of $2034.00 pay per month for 1 month and a letter of censure.
1183-1186 Preliminary Investigation Into Abuse of [Redacted] IRAQ Members of the 2nd Battalion, 2nd Marines (2/2) conducted a raid on a residence based on intelligence from source referred to Marines by 507 th ING Battalion S2. Captured Iraqi alleged that he was verbally and physically abused during the course of detention when Marines made disparaging remarks, flex-cuffed him in front of his family and kicked him while in route to 2/2's Forward Operating Base. Investigation found that allegations were unsupported and that Marines acted professionally.
1187-1233 Results of the Preliminary Inquiry into circumstances surrounding detainee abuse by ING personnel during a raid conducted by member of 24th MEU (SOC) on Aug 26 2004 in vicinity of 38S MB 43004365   During a raid on three target houses, Marines found several weapons caches. While interrogating “Saed” on contents of cache, ING personnel slapped him, shot at him with AK-47, struck him with both butt and barrel of rifle approximately 10-20 times within 30 minutes. He was taken with the other detainees to Delta Company ING Headquarters where he was seen and treated for a broken arm/wrist, broken nose, cracked ribs, and contusions and abrasions on arms, chest and legs. Beaten by ING personnel while being interrogated at his house. Detainee denied that Americans were involved but that they were close by and could see what was happening. Marine says that he saw this and that ING “took the boots to him.” (1190). Recommends issuing further guidance on handling of detainees while participating in joint operations with ISF. One Marine states “the issue of ING beating prisoners has come up before. They'll get prisoners from ING who've been beaten. Once this guy was shot in the leg. … Could have called Higher. Wasn't sure what to do. Their country … they didn't interrogate him. “It is known that ING/HILLA SWAT have beaten detainees. Never witnessed it. Gray area where Iraqis do things against other Iraqis.” (1199). A statement describes beating of “Detainee 1”: “After the caches were discovered the MEU forces turned [redacted] over to three ING members located in [redacted] orchard. One member of the ING held [redacted] while two other members beat him. One man, who all of the ING members referred to as “sir”, beat [redacted] with an “iron rod”. [Redacted] was struck in his head, left arm, legs, back with the rod and was hit and kicked in the face by the other man. There were US soldiers five to two meters away while [redacted] was being beat by the three ING members.” (1222). Detainee 2: “[Redacted] was making “sounds of pain” while being beat by the ING. [Redacted] was asked, “how many Iraqi police have you killed?” while being beat.” ING member indicated to American that he had struck detainee with a rifle. (1222). American states that he “immediately notified [redacted] of the incident.” Beating lasted approximately 30 minutes.
1234-1292 First Endorsement on [redacted] PI of 30 May 2004. Memo to File from Commanding General, 1st Marine Division (Rein) (J N Mattis). SUBJECT: Results of preliminary inquiry into allegations of abuse at the Division Interrogation Facility. IRAQ On 04/16/2004, members of 2nd Battalion, 2nd Marine Regiment, 1st Marine Division (2/2) detained three men with weapons, communications equipment and $500,000 in their vehicle, who identified themselves as members of the 'Supreme Council for the Islamic Revolution in Iraq' (SCIRI). The men were transferred to the Division Interrogation Facility (DIF). On 04/26/2004 the DIF released the trio to the custody of Task Force 6-26, to an unknown location. They were then transferred to the custody of "OGA" [common pseudonym for the CIA] on an unknown date. While with the OGA, two of the trio claim they were abused (struck with a rifle on hands, wrists and back, and one alleges he was sodomized with the butt of a rifle) while in custody of Task Force 6-26. Medical reports and detainee statements indicate that abuse did not occur while in custody at the DIF or with the 2/2. Bruising was noticed on the detainees by members of the OGA around 05/02/2004, however, medical examination provided no evidence of abuse before transfer to Task Force 6-26.
1293-1349 Second Endorsement of [redacted] preliminary inquiry 5812 S-1/XO dated 17 April 2004. Memo from Commanding General, 1st Marine Division (Rein) to Commanding Officer, 2nd Battalion, 2nd Marines. SUBJECT: Preliminary Inquiry into the alleged incident of abuse of a detainee by members of the Detention Facility Guard Force on 13 April 2004 at FOB (Forward Operating Base) Mahmudiya. IRAQ Authorities were told of an alleged abuse of a detainee on 04/16/2004, from a person serving as [redacted] in support of the HET Detachment for Task Force 2/2. The allegation is that a member of the guard force at the Detention Facility shocked a detainee using a power cord on 04/13/2004. [Redacted] identified the time of the incident as being after the mortar attack on the base at 10.50 hours. [Redacted] related that he overheard some Marines discussing how they were going to attach wires to a cage to prevent a detainee from constantly grabbing the bars and "shock that mother fucker". [Redacted] explained that he saw [redacted] attempt to shock the detainee (who was wearing a sandbag over his head per standard operating procedure)...place one wire to the right chest and the other to the upper back of the detainee, electrocuting him. The Marines laughed and placed the detainee back into his cage. [Redacted] stated that prior to the incident, when asked about the wires, [redacted] replied "I don't give a fuck". As the detainee passed, [redacted] stated that he touched the wires to the lower arm of the detainee, shocking him...before placing him in his cell. During their interviews [redacted] and [redacted] relate the same basic facts but contradict a couple of points, such as who was present for the incident. During his interview [redacted] admitted to electrocuting the detainee...it was an "impulsive decision without premeditation that he now regrets". [Redacted] reported hearing someone state "It worked!"
1350-1353 Return Endorsement on [redacted] PI 5800 31 of 05/08/2003. Memo from Commanding general, 1st Marine Division (Rein) to Commanding Officer, 1st Battalion, 4th Marines. SUBJECT: Preliminary Inquiry into the alleged unprovoked striking of an enemy prisoner of war on or about 16 April 2003 by [redacted]. 0351 USMC. IRAQ It is clear that all testimonial evidence that [redacted] committed any inappropriate act towards a detainee comes solely from individuals outside of this command…based on unsubstantiated admissions by [redacted]. Statements indicate that the events could not have occurred as [redacted] describes them". "[Redacted] injured his hand by punching the ground and not an enemy prisoner".
1354-1387 First Endorsement on Memo from CO 1BCT, dated 23 Aug 2004. Memo from Commanding General, 1st Marine Division (Rein)(R F Natonski) to Commanding General, I Marine Expeditionary Force. SUBJECT: 15-6 Investigation into alleged detainee abuse at 1BCT by [redacted] and [redacted]. IRAQ Two suspects in the theft of approx. $190,000 from the Iraqi National Guard (ING) Training Camp at Camp Junction City, allege being abused. The detention cell at the ING compound as well as the mosque room…are both mentioned in suspect's statements as locations of alleged abuse. Both suspects provided facts "proven to be false and established patterns of not providing the truth". There is no evidence of any abuse. [Redacted][ claims he was hit during questioning but [redacted] and [redacted] stated that neither of them had any contact with [redacted] during any of the interrogations. [Redacted] stated he was taken to a dark room where he could only breathe through a small hose. [Redacted] stated that 'dark room' had a window that provided light and air. Pictures of the cell show...that a hose of any type could not be placed under the door...and is not necessary die to their being a window. There is also no evidence supporting the suspect's claim of electrocution.
1388-2191 Second Endorsement on SMBR 1tr 1920 SJA of 21 June 2004. Memo from Commandant of the Marine Corps to Assistant Secretary of the Navy (M&RA). SUBJECT: Report of Board of Inquiry in the case of [redacted] 0602 USMCR. IRAQ [Redacted] mistreated Iraqis under his charge, endangering the welfare of his Marines by opening them to Iraqi retaliation. In the first incident on 06/23/2003, [redacted] ordered his Marines to strip four Iraqi detainees to their underwear and sent them out to a public street in Al Kut. These detainees had been captured three times prior for stealing items from an ammunition supply point. In the second incident on 06/28/2003 he had his Marines burn the clothes and some personal belongings (mats and pillows) of Iraqis at the roadside after their vehicle was shot off of the road at a checkpoint, allegedly to prevent the spread of disease from dirty clothes. [Redacted] failed to treat these Iraqis in accordance with Marine Corps orders or Geneva Convention standards. Many of the sheets are scripts of interviews of US personnel (names blacked out), giving their account and view of the instances mentioned. [Redacted] was found to have demonstrated a substandard performance of duty by a board of inquiry (p.1759) and recommended that he "be separated from the Naval Service...with service characterized as Honorable". Also included are character references for [redacted], most favorable, and certificates e.g. for membership of the US Marine Corps, Boy Scouts of America and completion of courses in "warfighting skills" (names redacted).
2192-2200 Appendix 1 to Annex E to 1st FSSG Oplan 1003-02 (U). Enemy Prisoners of War, Civilian Internees and other Detained Persons (U).   1st FSSG policy towards detainees "will be in accordance with the applicable Geneva Conventions for the Protection of War Victims as set forth in references". Sets out the roles of 1st FSSG.
2201-2208 Appendix 1 to Annex E: Enemy Prisoners of War, Civilian Internees and other Detained Persons (U). IRAQ Written for Command Element, 1st Force Service Support Group, I Marine Expeditionary Force, Camp Taqaddum, 01 April 2004. Details guidance concerning the handling of detainees. "All personnel must be treated alike, under the provisions of the Geneva Conventions". "The 1st FSSG (Force Service Support Group) G-2 will develop gross, time-phased estimates of the number of EPW/CI/DET and provide these numbers and updates to the G-3 and Medical Planners. EPWs will be expeditiously interrogated. Interrogation will not take priority over the evacuation of EPWs to a place of safety. EPWs retained for interrogation at any level of command must be provided safe custody and proper treatment in compliance with the Geneva Conventions. In questionnable cases, the 1st FSSG Staff Judge Advocate will make an initial determination on the legal status of all EPW/CI/DET.
2209-2212 General Order Number 2 (GO-2) Detainee Procedures in Combined Forces Command Afghanistan (CFC-A). Signed by David W Barno, Lieutenant General, USA Commanding. AFGHANISTAN GO-2 states that US forces have a "moral and legal obligation…to treat all Afghan citizens with utmost respect and courtesy". "An alternative or less restrictive guidance with regard to detainee and PUC handling in Combined Joint Operating Area-Afghanistan are hereby revoked. All forces...will fully comply with the letter and intent of this policy". In respect to interroagtions; "Intelligence questioning of detainees will be conducted strictly in accordance with the Geneva Conventions. Physical abuse of any type, intentional humiliation, verbal abuse or deprivation of sleep, food or water is expressly forbidden. Intelligence value remains secondary to treating all detainees humanely with a view to their ultimate release and reconciliation. Detainees wilkl not be completely stripped of clothing at any time. Body cavity searches will not be performed unless evidence indicates the presence of concealed items. Hoods will not be used. Interrogations will be conducted by trained and certified military intelligence personnel only, the concept of using MPs, guards etc. to 'soften up' detainees is absolutely prohibited. No tinterrogation techniques will take precedence over treating all detainees with dignity and respect. Laughter, taunting, seeking detainee embarrassment or humiliation as a form o leverage is absolutely prohibited. Personal possession of photography equipment or any type is prohibited on the grounds of any detainee holding or transfer facility".
2213-2223 Powerpoint presentation titled "Prisoner of War Handling. Geneva Convention and the Five S's".   Gives details of the Geneva Conventions, and the 5 S's (Search, Silence, Segregate, Safeguard and Speed to the rear). The final slide titled "Basic Interrogation Tactics, Techniques and Procedures" does not give any more information than that.
2224-2577 Allegation of Mistreatment   Several documents relating to allegations of abuse. Talking points on treatment of detainees. American Correctional Association report on Guantanamo facilities. Powerpoint presentation in which Guantanamo detainees are classified: "More than half of the population assessed to be of medium or high intelligence value or to be "hard core" jihadists. (2286). Statistics on deaths in custody.
2312-2381 Detainee Handling and Detention Facility SOP (Standard Operating Procedures). 1st Marine Division   Details the standard operating procedures for handling detainees. Examples include 'specific apprehension requirements' for groups such as religious leaders, woman and children who will not be apprehended without Generals approval, unless caught in the act of committing a crime. "The 1st Marine Division will teat all detainees with dignity and respect at all times...and provide as a minimum, the standard of humane treatment required under international law". Deatils detainee processing steps, transfer details and sets out Detention Facility requirements. Specifics include "women will not be deperated from their children..or be housed with or in sight of male detainees". Interrogation details e.g. guards are prohibited from helping authorized interrogators from "softening up" detainees. Also a set of rules for detainees. Reports on the use of force and escape attempts, resulting in perimeter wire being re-enforced to triple strand concertina wine. There is also a "Request for release of three Syrians from RCT-1 regional detention facility" since after interrogation these men are "believed not to be foreign fighters but are truck drivers".
2382-2570 Miscellaneous Batch 1   Several documents. Includes regulation dated 1995 on how to determine if captured person is eligible for POW status; 11. Letter in response to questions from Senator Leahy, regarding treatment of detainees at GTMO; investigation into alleged abuse in Miam Do, Afghanistan by choking, kicking and poking; 15. Victim Interview of a man “captured while he was crossing the street in Baghdad”. He claims to have been beaten in a truck, held there for three days before being transported to Bucca POW camp; other claims of abuse.
2571-2577 Miscellaneous Batch 2   Several documents. Includes summary of CID investigations into detainee abuse in Iraq and Afghanistan; investigation into abuse at Bagram; information paper about detainee operations in Guantananmo.
2578-2727 US v. Burton - Court-Martial Records of Scott A. Burton IRAQ Record of Trial of Corporal Scott A Burton, of the 81mm Mortar Platoon, Weapons Company, 3rd Battalion, 5th Marine Regiment. He was tried at Camp Pendleton, CA on 23 March and 2, 14-17 June 2004. "On or about 1 June 2003 and until on or about 6 July 2003" Burton conspired with Corporal Jeffery S. Case to use a fire extinguisher "to spray its contents in the face and body of an Iraqi detainee" who did not have a weapon and was "unthreatening". He also locked detainees in an abandonned tank and forced detainees to kneel in front of fighting holes whilse he fired a round next to a detainee's head, described by one witness as a "mock execution". He pleaded Not Guilty to all charges. A witness states that "Corporal Burton thought spraying the Iraqi was funny because he was laughing". Burton was sentenced to forfeit $156 pay per month for 6 months, to perform hard labor without confinement for 1 month and to be reduced to pay grade E-3. The papers include crude maps of the immediate area when the incidents took place, showing the location of Iraqis in relation to the trucks, Burton and the fire extinguisher. Scott A Burton's statement is also present in the papers, in which he claims a sense of "remorse and regret". He claims not to have meant to harm anyone, then states "but I guess mentally it did". The last papers are a powerpoint presentation titled "Anger and Frustration", numbered with 12 pages but only the first two pages are present.
2728-2743 Powerpoint presentation titles "Brief to the Secretary of Defense on Treatment of Enemy Combatants detained at Naval Station Guantanamo Bay, Cuba, and the Naval Consolidated Brig Charleston".   The presentation in its 'Quicklook' states that there is no evidence of non-compliance with DID orders at either facility save for "some minor infractions". These include an MP striking a detainee with a radio after being struck by detainee and MP using pepper spray on detainee. DOD orders include that detainees are "treated humanely to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva". One detainee in Charleston "has Koran, mattress and pillow removed and is fed cold meals as part of interrogation plan".
2744-3358 Formica Annexes   Annexes to report by BG Formica. Include sworn statements, rules and regulations, e-mails and memos. Many documents detail abuse of detainees.
3359-3733 Church Report   Report of Vice Admiral Church on detainee abuse in Guantanamo, Iraq and Afghanistan.
3734 Schmidt-Furlow Deferred   Additional Enclosures to Schmidt-Furlow report that were not provided in the previous release to the ACLU. Includes documents on sleep deprivation.