APPENDIX 5 TO ANNEX B TO MNC-I OPORD 09-01 HUMAN INTELLIGENCE (HUMINT) TAB B TO APPENDIX 5 TO ANNEX B TO OPORD 09-01 INTERROGATION AND OTHER QUESTIONING OF DETAINED PERSONS UNDER MNC-I CONTROL (U) REFERENCES: A. (U) Under Secretary of Defense, Memorandum, Disposition of Interrogation Videos and Other Interrogation-Related Records, 31 July 2008 B. (U) Detainee Treatment Act of 2005, Public Law No. 109-163, Title XIV C. (U) DoD Directive 2310.01E, The Department of Defense Detainee Program, 5 September 2006 D. (U) DoD Directive 3115.09, DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning, 9 October 2008 E. (U) DIAM 58-11, Department of Defense HUMINT Policies and Procedures. F. (U) DIAM 58-12, The DoD HUMINT Management System G. (U) Field Manual 2-22.3 Human Intelligence Collector Operations, September 2006 H (U) USCENTCOM Policy Letter #3, dated 26 March 2008, Military Source Operations Training Qualifications (S//NF) I. (U) MNF-I Memorandum, SUBJ: Multi-National Forces' Iraq Policy 07-01 (Interrogation Policy), 16 Feb 07 J. (U) MNF-I Memorandum 11-1, SUBJ: Command Policies and Procedures (Annex E Detention Operations; Annex G Security Classification Guide), Nov 07 K. (U) MNC-I Reporting Cookbooks Volume I (FOUO) and Volume II (S//NF) 1. (U) Purpose. To establish general policies and procedures governing the screening and interrogation of lawful and unlawful enemy combatants and other detained persons in support of MNC-I OPORD 09-01 for Operation IRAQI FREEDOM (OIF) and the relationships among the participants in the process. a. (U) Definition. Intelligence interrogation is the systematic process of employing approved interrogation approach techniques only by properly trained and certified DoD or other government personnel to question detainees to obtain reliable information to satisfy intelligence requirements, consistent with applicable law and policy. b. (U) Legal. All interrogations will be conducted according to specific legal and policy standards articulated in U.S. public law, DoD Directives, service regulations and field manuals, and theater policies. MNC-I personnel are obligated to report any suspected or alleged violations of interrogation policy through their chain of command or other appropriate channels to the combatant commander (currently Commander, MNF-I). Failure to do so is a violation of Procedure 15, AR 381-10 and References H and I. No lawful or unlawful enemy combatants or other detained persons in the effective control of MNC-I shall be subject to any treatment or technique not specifically authorized and listed in Reference G. A system of periodic inspections of interrogation operations by higher echelons will be employed to verify compliance. c. (U) Certification. Only trained and certified interrogators (U.S. Army MOS 35M OR 351M, USMC 0211, 0210, 0204 or their other service military or government equivalents) are authorized to conduct intelligence interrogations. Trained and certified contractor interrogators working under the direct supervision of trained and certified military intelligence interrogators are also authorized to conduct intelligence interrogations. Certification for military and civilian interrogators includes both formal training at one of the four current DoD-approved interrogation courses listed in Reference H and completion of the current theater-specific indoctrination training regimen (Reference I).
2. (U) Organization. The Multi-National Corps - Iraq screening and interrogation capability consists of organic military interrogators and civilian contract interrogators. This capability will be under the technical control of the MNC-I C2X HOC and its Interrogation Operations Cell (IOC). a. (U) HUMINT Collection Teams (HCTs). HCTs may conduct interrogation operations at either fixed facilities or outside of such facilities when the tactical situation requires. Unit commanders will ensure individual HCT personnel have completed mandatory theater indoctrination and training requirements for interrogations in all locations as outlined in current policy. b. (U) Facility Interrogators. Interrogators, either military or civilian, are assigned to authorized fixed holding areas to conduct interrogations in support of maneuver commander intelligence collection requirements. An authorized fixed facility is defined as a Theater Internment Facility, approved Brigade or Division Internment Facility (Reference I), or an Iraqi facility agreed upon by both the U.S. O-6 commander and the GOI official in charge of the Iraqi facility. 3. (U) Procedures. Screenings and interrogations may be conducted on the target/objective, at a tactical collection point, at an authorized fixed facility, or at MNF-I's Joint Interrogation and Debriefing Center (JIDC). The MNC-I intelligence interrogation effort culminates when either a detainee is released by the capturing unit or is transferred to the theater internment facility. a. (U) Screenings and interrogations on the target/objective. Screening on the target/objective is performed to quickly assess and determine which particular detainees should be evacuated to a fixed facility. Interrogations on the target/objective, also referred to as field interrogations, are conducted to collect intelligence information of immediate tactical value and require O-6 approval IAW current theater policy. (1) (U) Only military interrogators may be employed for screenings or interrogations on the target/objective. Contract interrogators are not authorized to conduct screenings or interrogations outside fixed facilities. (2) (U) Screenings or interrogations on the target/objective will delay neither the required evacuation of detainees to an authorized fixed facility within 72 hours nor medical care. (3) (U) Interrogation on the target/objective is separate from tactical questioning. Trained and certified interrogators do NOT perform tactical questioning. They are the only personnel authorized to interrogate and use approved approaches on a specific target/objective. (4) (U) Tactical questioning may be performed by non-interrogators who have been appropriately trained IAW DOD 3115.09 (Reference D) and current theater policy. Tactical questioning is limited to initial direct questioning of a detainee to obtain time-sensitive tactical intelligence of immediate value, performed only at or near the detainee's point of capture. Only direct questioning is authorized during tactical questioning; employing approaches to gain cooperation is prohibited. Activity outside of these established limits is a violation of DoD policy which must be reported to the Combatant Commander (CDR, MNF-I). b. (U) Fixed Facilities. Screening and interrogation operations are typically conducted at authorized fixed facilities within the MNC-I AO in support of maneuver commander intelligence collection requirements. Interrogations may be conducted in either U.S. or GoI facilities in one of four possible scenarios: U.S. interrogation in DoD facility; U.S. interrogation in GoI Iraqi combined interrogation in DoD facility; U.S. facility; U.S.-Iraqi combined interrogation in GoI facility. Interrogations shall be conducted IAW specific requirements and procedures outlined in paragraph 3d below and other applicable law, plans, policy, orders, directives, doctrine, and tactics, techniques and procedures. c. (u) Common Procedures. In all circumstances, interrogations occurring in U.S. or GOI
fixed facilities will follow these common procedures: (1) (U) Humane treatment. No person in the custody or physical control of the Department of Defense or detained in a DOD facility shall be subject to cruel, inhuman, or degrading treatment or punishment as defined in Title XIV of Public Law 109-163, also known as The Detainee Treatment Act of 2005 (Reference B). Acts of physical or mental torture are prohibited. All interrogations, interviews, or other questioning shall be conducted humanely in accordance with applicable law and policy to include the law of war, the Geneva Conventions, and U.S. law and policy in accordance with the U.S. Army Field Manual 2-22.3 (reference d). (2) (U) Report Abuse. Timely intelligence collection to prevent or mitigate future attacks and saving U.S. and Iraqi lives is the first priority of the interrogation; however, reporting alleged or observed detainee abuse is also a service member's responsibility. If interrogators/interviewers become aware of Law of War violations, to include detainee abuse from Iraqi personnel, the interrogation/interview team will complete a detainee abuse report prior to the completion of the interrogation. Upon completion of the interrogation, the team will forward this report through judge advocate and command channels to Commander, MNF-I (Reference J). (3) (U) Medical screening. Detainees must undergo a medical exam or assessment by qualified U.S. medical personnel prior to the conduct of interrogations or interviews. Detainees will be screened by qualified U.S. medical personnel following the completion of every interrogation or interview. (4) (U) Interrogation Plan. A written interrogation plan is mandatory for all interrogations and outlines the goals of the interrogation and which lawful approaches will be employed in gaining the detainee's cooperation. Personnel conducting law enforcement interviews will submit a copy of their interview plan for the facilities records and the detainee s packet. Information related to intelligence interrogation, including notes, memoranda, postinterrogation reports, and any other related records of interrogation or debriefings of detainees will be retained and protected (Reference D, paragraph 3(11)). (5) (U) Monitoring. All interrogations and interviews will be monitored by the senior interrogator OIC/NCOIC either by direct observation or by a remote video monitor (References D and I). (a) Audio and video recording of interrogations is no longer a requirement. O-6 level commanders will establish local policies to audio and/or video record select interrogation sessions occurring at facilities under their control when they deem it justified or necessary. (b) Should unit commanders decide audio and/or video recording of interrogation sessions is justified and necessary; these recordings will be maintained and preserved pursuant to the requirements listed in reference A as well as any subsequent and applicable policies regarding the retention of interrogation recordings. (c) Nothing in this OPORD will impact the requirements contained in the above references relating to the authorized use, dissemination, or release of interrogation recordings. All interrogation recordings under MNF-I control as of the date of this OPORD's publication must be retained according to the policies discussed in Reference A. (d) Nothing in this OPORD will impact the requirements contained in references G and I, or any other controlling authorities, regarding the monitoring of interrogations. Monitoring in accordance with the above references does not require the audio or video recording of interrogation sessions. d. (U) Guidance on four approved venues to conduct interrogations: (1) (S//REL) Combined (U.S. and Iraqi) in U.S. - Controlled Fixed Facilities. MNC-I and subordinate units coordinate with or receive requests from various Iraqi government representatives and agencies (e.g. Ministry of Justice, Ministry of Defense, Ministry of the
Interior, Kurdish Regional Government, Iraqi Army, Iraqi Police) to conduct combined U.S. Iraqi intelligence interrogation operations. Combined intelligence interrogations will enhance both DOD and Iraqi operations in various ways, such as providing Iraqi interrogators with meaningful on-the-job training in the lawful and effective conduct of interrogations while improving DOD interrogators understanding of the Iraqi culture and its nuances. All combined U.S.-Iraqi interrogations shall be conducted in accordance with all applicable intelligence interrogation law, plans, policy, orders, directives, doctrine, and tactics, techniques and procedures. U.S.-Iraqi combined interrogations will be conducted IAW the current CONOP outlining the specific requirements and procedures for their conduct. (a) (S//REL) GOI access to detainees under DOD control will be considered on a case-by-case basis and must be approved by the MNF-I Deputy Commanding General Detention Operations (DCG-DO). (b) (S//REL) MNDs will submit proposed Iraqi interrogators biographical information to MNF-I CJ2X for background checks. The DCG-DO remains the approval authority for combined interrogations in U.S. facilities. (c) (S//REL) Iraqi officials are not required to be certified to participate in combined interrogations. (d) (S//REL) The disclosure of classified information to Iraqi government agencies or officials will be made (Annex G to Reference J). (e) (S//REL) All combined interrogations will occur in either a division holding area, or a subordinate unit's holding area annex. (f) (S//REL) Before being allowed access to any detainee under DOD control, the Iraqi official must agree to comply with all applicable U.S. and international law, DOD policy and procedures governing treatment of detainees, safety and security of detainees and U.S. personnel, and intelligence collection. (g) (S//REL) A formal interrogation plan is mandatory for all U.S.-Iraqi combined interrogations and serves as a written record of understanding between DOD and Iraqi participants in combined interrogations. (h) (S//REL) Iraqi officials must agree to and comply with the approach techniques defined in the interrogation plan. (i) (S//REL) Detainees must undergo a medical exam or assessment by qualified U.S. medical personnel prior to the conduct of U.S.-Iraqi combined interrogations. (j) (S//REL) Iraqi officials will participate in combined U.S.-Iraqi interrogations under the leadership and control of trained and certified DOD interrogators to gain actionable intelligence information from detainees. Contract personnel are not authorized to lead combined interrogations. (k) (S//REL) The DOD interrogator leading the combined interrogation shall terminate the interrogation and report to higher authorities if the Iraqi interrogator does not adhere to DOD policy and procedures. (2) (S//REL) U.S. - led in U.S. Facility. U.S. - led interrogations in U.S. -controlled fixed facilities will be conducted as outlined in the current theater interrogation policy (Reference I). (a) (S//REL) All interrogations will comply with applicable provisions of the Law of War, the Geneva Conventions, and U.S. law and policy, which require all persons to be treated humanely, with dignity and respect, and expressly prohibit acts of violence or intimidation, humiliation, insults, and torture. (b) (S//REL) MNC-I interrogations ordinarily should be conducted in fixed facilities such as the Theater Internment Facility or Division Holding Areas and Division Holding Area Annexes. (c) (S//REL) No detainee shall be subject to any treatment or technique not authorized
by and listed in Department of the Army FM 2-22.3 (Reference G). (d) (S//REL) Only trained military interrogators, other qualified government interrogators, and trained contractors working under the supervision of a senior interrogator are authorized to conduct interrogations. (e) (S//REL) Interrogators must undergo certification, indoctrination and receive sustainment training as outlined in the theater interrogation policy (Reference I). (3) (S//REL) U.S. - led in GOI Facility. Detainees in GOI custody may have information vital to Coalition Forces' mission. It may be difficult to acquire the desired information through GOI interrogations and obtaining custody of such detainees from GOI runs counter to the goal of Iraqi self-reliance. (a) (S//REL) The U.S. unit conducting the interrogation will provide the guard force for the interrogation team and the detainee during escort to and from the detainee's cell, during any associated pre-interrogation and post-interrogation medical or administrative actions, and during the interrogation. Guards will stand by in the event detainee becomes a threat to himself or others. The guards will provide custody, control, escort, and security, and will not participate or assist in the interrogation. Although the U.S. guard force will be responsible for the safety and security of the detainee during these stages, the Iraqi facility will retain custody of the detainee throughout the mission. (b) (S//REL) Interrogations will be audio and video recorded. The first O-6 in the U.S. chain of command may authorize interrogations conducted without audio and video recording capability (Reference I). (c) (S//REL) It is in the interest of the unit conducting the interrogation to audio and video record the entire proceeding. If the audio-video equipment should fail during the interrogation or the Iraqi facility commander should forbid the use of audio-video equipment, an authorization from the first O-6 in the U.S. chain of command, provided either at the time or in advance of the interrogation, permits the interrogation to continue. (d) (S//REL) As recording minimizes the risk of abuse allegations toward U.S. forces, units should ensure the entire interrogation session is recorded and minimize the conduct of non-recorded interrogations. (e) (S//REL) GOI maintains custody of detainee at all times. Iraqi government personnel may observe the interrogation but will not question the detainee or be alone with the detainee during the U.S. interrogation. (4) (S//REL) Combined (U.S. and Iraqi) in GOI Facility. Combined intelligence interrogations will enhance both DOD and Iraqi operations by providing Iraqi interrogators with meaningful on-the-job training in the lawful and effective conduct of interrogations, and improving DOD interrogators understanding of the Iraqi culture and its nuances. U.S.-Iraqi combined interrogations will be conducted IAW the current CONOP outlining the specific requirements and procedures for their conduct. (a) (S//REL) Policy. All combined U.S.-Iraqi interrogations shall be conducted in accordance with all applicable intelligence interrogation law, plans, policy, orders, directives, doctrine, and tactics, techniques and procedures. (b) (S//REL) Access. U.S. access to detainees under GOI control will be considered on a case-by-case basis and must be approved by the GOI. A record of all requests and associated correspondence shall be retained by all DOD offices involved for historical purposes. (c) (S//REL) Background Check. The MNF-I CJ2X will conduct screening and background checks on named Iraqi officials submitted by the U.S. unit to provide the U.S. unit with information about potential Iraqi interrogators to assist the U.S. units risk-management and military decision-making process. (d) (S//REL) Certification of Iraqi Participants in Combined U.S.-Iraqi
Interrogations. Iraqi officials need not possess any special certification to participate in combined interrogations. Many Iraqi interrogators have received formal training at the Taji military intelligence academy and, while not required, that qualification is preferred for participants in combined interrogations. For Iraqi officials who have not been formally trained, the DOD interrogator may determine that a right seat ride interrogation is appropriate prior to engaging in an actual combined interrogation. (e) (S//REL) Disclosure and Release of Classified Information. The disclosure of classified information to Iraqi government agencies or officials will be made IAW MNF-I Policy 11-1 Annex G -- Security Classification Guide (Reference J). Requests for disclosure and release of classified military information to Iraqi government agencies or officials will be routed through the MND G2X for coordination and approval prior to the conduct of combined U.S. Iraqi interrogations. Oral and visual disclosure will be the primary means of conveying classified information to Iraqi officials. (f) (S//REL) Location, Timing, and Logistical Arrangements. All combined interrogations will occur in a fixed facility. Once access has been approved by appropriate U.S. and GOI authorities, the timing and logistical arrangements of the visit will be coordinated by the official in charge of the GOI facility and the commander of the unit to which the U.S. interrogation team is assigned or attached in order to minimize interference with operations and the security of U.S. personnel. Contractor interrogator personnel may only participate in GOI facility interrogations if such participation does not violate the contractor's current statement of work. The GOI facility official in charge has authority to terminate the visit at any time. (g) (S//REL) Agreement to Abide by Legal and Regulatory Requirements. The Iraqi official must agree to comply with all applicable U.S. and international law, DOD policy and procedures governing treatment of detainees, safety and security of detainees and U.S. personnel, and intelligence collection. Such agreement shall be made in a written document signed by the Iraqi and U.S. officials. Both parties must agree to these requirements in order to conduct the combined interrogation. U.S. officials shall be bound by the provisions of the UCMJ. Iraqi officials shall also be bound by provisions of applicable Iraqi laws including the Iraqi penal code and liable under Iraqi criminal proceedings for violations of those laws. All signed agreements are considered a permanent record and copies will be maintained by both the MND G2X and subordinate element S2Xs. (h) (S//REL) Development of Formal Interrogation Plan. A formal interrogation plan is mandatory for all U.S.-Iraqi combined interrogations and serves as a written record of understanding between DOD and Iraqi participants in combined interrogations. DOD and Iraqi interrogators will jointly develop a written interrogation plan for each specific interrogation and both the DOD and Iraqi interrogators will sign the plan. The plan will be reviewed and approved by the U.S. senior interrogator prior to conduct of the combined interrogation. All signed interrogation plans are considered a permanent record and copies will be maintained by both the MND G2X and subordinate S2Xs. (i) (S//REL) Agreement to Standards of Humane Treatment. Iraqi officials must agree to and comply with the approach techniques defined in the interrogation plan. Prior to conducting any combined U.S.-Iraqi interrogation, Iraqi officials shall review appropriate portions of U.S. Army FM 2-22.3, Human Intelligence Collector Operations, (Reference G) describing the approach techniques to be employed, and review Common Article 3 of the Geneva Conventions and the Fourth Geneva Convention with particular emphasis on standards of humane treatment. The Arabic version of FM 2-22.3 should be employed for that purpose. No detainee shall be subject to any treatment or approach technique except those authorized in FM 2-22.3. (j) (S//REL) Medical Examination or Assessment of Detainee. Detainees must
undergo a medical exam or assessment by qualified U.S. medical personnel prior to the conduct of U.S.-Iraqi combined interrogations. The exam or assessment will record the physical and medical condition of the detainee and ensure the detainee is medically cleared to undergo interrogation. A similar assessment will be conducted upon completion of the interrogation to record the detainee's physical and medical condition at that time. Detainees determined by medical personnel to be medically unfit to undergo interrogation will not be interrogated. (k) (S//REL) Leadership and Control of Combined U.S.-Iraqi Interrogations. Iraqi officials will participate in combined U.S.-Iraqi interrogations under the leadership and control of trained and certified DOD interrogators to gain actionable intelligence information from detainees. Contract personnel are not authorized to lead combined interrogations. A CAT II linguist or higher who is a DOD or U.S. government member or U.S. government contractor who understands the language(s) must also be present during combined interrogations so immediate interpretation can be provided to the U.S. interrogator under specific circumstances, such as when the Iraqi official is questioning the detainee in Arabic. Iraqi officials will serve as co-interrogator and possibly interpreter, leveraging their understanding of the Iraqi culture, language skills and other ability to contribute to successful interrogations. DOD personnel shall be present at all times while Iraqi personnel have access to detainees to ensure all applicable standards of humane treatment are adhered to, and to guarantee the safety of the detainee, as well as DOD facilities and personnel. At no time will an Iraqi official be left alone with a detainee. (l) (S//REL) Safeguards during Combined Interrogations. The DOD interrogator leading the combined interrogation shall terminate the interrogation and report to higher authorities if the Iraqi interrogator does not adhere to DOD policy and procedures. A reportable incident is any suspected or alleged violation of DOD policy, procedures, or applicable law relating to intelligence interrogations for which there is credible information. Reportable incidents allegedly committed during combined interrogations shall be reported immediately and referred to appropriate authorities for investigation. On-scene commanders and supervisors shall ensure measures are taken to preserve evidence pertaining to any reportable incident. Suspected or alleged detainee abuse by Iraqi forces shall be reported immediately using the Serious Incident Report format (Reference J) through the chain of command to the DCG-DO, so acts can be investigated and addressed with Iraqi government officials for potential criminal disposition if appropriate. (m) (S//REL) Custody. GOI maintains custody of detainee at all times. Iraqi government personnel not identified in the combined interrogation plan may observe the interrogation but will not question the detainee or be alone with the detainee during the U.S. interrogation. e. (U) Law Enforcement Interviews Of Detainees Under DOD Control At MNC-I Facilities. (1) (S//REL) DOD law enforcement or counterintelligence personnel may conduct interviews and questioning of detainees under MNC-I control for law enforcement or counterintelligence purposes when authorized by the first O-6 commander responsible for a particular fixed facility or detainee collection point. Such personnel include DOD-credentialed U.S. CID agents, Military Police Investigators, U.S. Navy Master at Arms, AFOSI, and NCIS agents, and DOD CI Agents among others. (2) (S//REL) Non-DOD law enforcement or counterintelligence personnel may conduct interviews and questioning of detainees under MNC-I control for law enforcement or counterintelligence purposes only when expressly authorized by the MNF-I DCG-DO. Non- DOD law enforcement or counterintelligence questioning must also be coordinated with the first O-6 commander responsible for a particular fixed facility or detainee collection point. Such personnel include federally-credentialed agents and polygraph examiners from non-dod U.S. Government agencies or organizations such as the FBI, State Department, Treasury, and Secret
Service among others. (3) (S//REL) In all cases, law enforcement interviews will follow the requirements in paragraph 3.C (1) through (5) of this OPORD. Failure to follow these guidelines will result in the termination of the interview and reporting of the violation of DOD policy to the Commanding General, MNF-I. f. (U) Screening. (1) (U) Screening. Screening is the initial stage of the interrogation process and is only performed by trained and certified interrogators. MNC-I interrogation assets will screen and categorize detainees based on their intelligence value and cooperation. Authorized approaches may be employed when necessary to assess a detainee's intelligence value or cooperation. Interrogators will write Knowledgeability Briefs (KB) on detainees IAW paragraph 3f (2) below. (2) (U) Prioritization for Interrogation. Interrogators will prioritize detainees based on assessed intelligence value and cooperation determined during the screening process. Interrogations will be conducted in order of priority based on supported commander's Priority Intelligence Requirements. g. (U) Operational Reporting. (1) (U) Interrogators will complete a Post-Interrogation Report (Reference K) after each detainee interrogation and include that report in the detainee packet. Post-Interrogation Reports may be distributed through 2X channels to concerned offices but will not be posted to CIDNE for general consumption. (2) (U) Interrogators will complete Knowledgeability Briefs (KB) (Reference K) on all detainees. These KB will be published in CIDNE. The MNC-I HOC will select fully developed KB for national publication via M3 Genser message traffic. h. (U) DOMEX. Documents, material, and media captured with detainees will be exploited by DOMEX assets supporting the capturing unit and will be transferred with the associated detainee.