May 09, 2004

[Continued from part 1 of this post.]

The full text of the Teguba Report, including the section on "ghost detainees" missing from some public version. Originally posted at MSNBC; this version is from Cryptome.org, which added links to the reference docs among other things.

Key to Security Classifications used in the report:

(U) Unclassified
(S/NF) Secret, No Foreign Dissemination
(S) Secret

ARTICLE 15-6 INVESTIGATION OF THE 800th MILITARY POLICE BRIGADE
(continued)

FINDINGS AND RECOMMENDATIONS

(PART THREE)

(U) Investigate the training, standards, employment, command policies, internal procedures, and command climate in the 800th MP Brigade, as appropriate:

(Names deleted)

(ANNEXES 45-91)

REGARDING PART THREE OF THE INVESTIGATION, I MAKE THE FOLLOWING SPECIFIC FINDINGS OF FACT:

1. (U) I find that BG Janis Karpinski took command of the 800th MP Brigade on 30 June 2003 from BG Paul Hill. BG Karpinski has remained in command since that date. The 800th MP Brigade is comprised of eight MP battalions in the Iraqi TOR: 115th MP Battalion, 310th MP Battalion, 320th MP Battalion, 324th MP Battalion, 400th MP Battalion, 530th MP Battalion, 724th MP Battalion, and 744th MP Battalion.

(ANNEXES 41 and 45)

2. (U) Prior to BG Karpinski taking command, members of the 800th MP Brigade believed they would be allowed to go home when all the detainees were released from the Camp Bucca Theater Internment Facility following the cessation of major ground combat on 1 May 2003. At one point, approximately 7,000 to 8,000 detainees were held at Camp Bucca. Through Article-5 Tribunals and a screening process, several thousand detainees were released. Many in the command believed they would go home when the detainees were released. In late May-early June 2003 the 800th MP Brigade was given a new mission to manage the Iraqi penal system and several detention centers. This new mission meant Soldiers would not redeploy to CONUS when anticipated. Morale suffered, and over the next few months there did not appear to have been any attempt by the Command to mitigate this morale problem. (ANNEXES 45 and 96)

3. (U) There is abundant evidence in the statements of numerous witnesses that soldiers throughout the 800th MP Brigade were not proficient in their basic MOS skills, particularly regarding internment/resettlement operations. Moreover, there is no evidence that the command, although aware of these deficiencies, attempted to correct them in any systemic manner other than ad hoc training by individuals with civilian corrections experience. (Multiple Witness Statements and the Personal Observations of the Investigation Team)

4. (U) I find that the 800th MP Brigade was not adequately trained for a mission that included operating a prison or penal institution at Abu Ghraib Prison Complex. As the Ryder Assessment found, I also concur that units of the 800th MP Brigade did not receive corrections-specific training during their mobilization period. MP units did not receive pinpoint assignments prior to mobilization and during the post mobilization training, and thus could not train for specific missions. The training that was accomplished at the mobilization sites were developed and implemented at the company level with little or no direction or supervision at the Battalion and Brigade levels, and consisted primarily of common tasks and law enforcement training. However, I found no evidence that the Command, although aware of this deficiency, ever requested specific corrections training from the Commandant of the Military Police School, the US Army Confinement Facility at Mannheim, Germany, the Provost Marshal General of the Army, or the US Army Disciplinary Barracks at Fort Leavenworth, Kansas. (ANNEXES 19 and 76)

5. (U) I find that without adequate training for a civilian internee detention mission, Brigade personnel relied heavily on individuals within the Brigade who had civilian corrections experience, including many who worked as prison guards or corrections officials in their civilian jobs. Almost every witness we interviewed had no familiarity with the provisions of AR 190-8 or FM 3-19.40. It does not appear that a Mission Essential Task List (METL) based on in-theater missions was ever developed nor was a training plan implemented throughout the Brigade. (ANNEXES 21, 22, 67, and 81)

6. (U) I also find, as did MG Ryder's Team, that the 800th MP Brigade as a whole, was understrength for the mission for which it was tasked. Army Doctrine dictates that an I/R Brigade can be organized with between 7 and 21 battalions, and that the average battalion size element should be able to handle approximately 4000 detainees at a time. This investigation indicates that BG Karpinski and her staff did a poor job allocating resources throughout the Iraq JOA. Abu Ghraib (BCCF) normally housed between 6000 and 7000 detainees, yet it was operated by only one battalion. In contrast, the HVD Facility maintains only about 100 detainees, and is also run by an entire battalion. (ANNEXES 19, 22, and 96)

7. (U) Reserve Component units do not have an individual replacement system to mitigate medical or other losses. Over time, the 800th MP Brigade clearly suffered from personnel shortages through release from active duty (REFRAD) actions, medical evacuation, and demobilization. In addition to being severely undermanned, the quality of life for Soldiers assigned to Abu Ghraib (BCCF) was extremely poor. There was no DFAC, PX, barbershop, or MWR facilities. There were numerous mortar attacks, random rifle and RPG attacks, and a serious threat to Soldiers and detainees in the facility. The prison complex was also severely overcrowded and the Brigade lacked adequate resources and personnel to resolve serious logistical problems. Finally, because of past associations and familiarity of Soldiers within the Brigade, it appears that friendship often took precedence over appropriate leader and subordinate relationships. (ANNEX 101, Multiple Witness Statements, and the Personal Observations of the Investigation Team)

8. (U) With respect to the 800th MP Brigade mission at Abu Ghraib (BCCF), I find that there was clear friction and lack of effective communication between the Commander, 205th MI Brigade, who controlled FOB Abu Ghraib (BCCF) after 19 November 2003, and the Commander, 800th MP Brigade, who controlled detainee operations inside the FOB. There was no clear delineation of responsibility between commands, little coordination at the command level, and no integration of the two functions. Coordination occurred at the lowest possible levels with little oversight by commanders. (ANNEXES 31, 45, and 46)

9. (U) I find that this ambiguous command relationship was exacerbated by a CJTF-7 Fragmentary Order (FRAGO) 1108 issued on 19 November 2003. Paragraph 3.C.8, Assignment of 205th MI Brigade Commander's Responsibilities for the Baghdad Central Confinement Facility, states as follows:

3.C.8. A. (U) 205 MI BRIGADE.

3.C.8. A. 1. (U) EFFECTIVE IMMEDIATELY COMMANDER 205 MI BRIGADE ASSUMES RESPONSIBILITY FOR THE BAGHDAD CONFINEMENT FACILITY (BCCF) AND IS APPOINTED THE FOB COMMANDER. UNITS CURRENTLY AT ABU GHRAIB (BCCF) ARE TACON TO 205 MI BRIGADE FOR "SECURITY OF DETAINEES AND FOB PROTECTION."

Although not supported by BG Karpinski, FRAGO 1108 made all of the MP units at Abu Ghraib TACON to the Commander, 205th MI Brigade. This effectively made an MI Officer, rather than an MP Officer, responsible for the MP units conducting detainee operations at that facility. This is not doctrinally sound due to the different missions and agendas assigned to each of these respective specialties. (ANNEX 31)

10 (U) Joint Publication 0-2, Unified Action Armed Forces (UNAAF), 10 July 2001 defines Tactical Control (TACON) as the detailed direction and control of movements or maneuvers within the operational area necessary to accomplish assigned missions or tasks. (ANNEX 42)

"TACON is the command authority over assigned or attached forces or commands or military capability made available for tasking that is limited to the detailed direction and control of movements or maneuvers within the operational area necessary to accomplish assigned missions or tasks. TACON is inherent in OPCON and may be delegated to and exercised by commanders at any echelon at or below the level of combatant commander."

11. (U) Based on all the facts and circumstances in this investigation, I find that there was little, if any, recognition of this TACON Order by the 800th MP Brigade or the 205th MI Brigade. Further, there was no evidence if the Commander, 205th MI Brigade clearly informed the Commander, 800th MP Brigade, and specifically the Commander, 320th MP Battalion assigned at Abu Ghraib (BCCF), on the specific requirements of this TACON relationship. (ANNEXES 45 and 46)

12. (U) It is clear from a comprehensive review of witness statements and personal interviews that the 320th MP Battalion and 800th MP Brigade continued to function as if they were responsible for the security, health and welfare, and overall security of detainees within Abu Ghraib (BCCF) prison. Both BG Karpinski and COL Pappas clearly behaved as if this were still the case. (ANNEXES 45 and 46)

13. (U) With respect to the 320th MP Battalion, I find that the Battalion Commander, LTC (P) Jerry Phillabaum, was an extremely ineffective commander and leader. Numerous witnesses confirm that the Battalion S-3, MAJ David W. DiNenna, basically ran the battalion on a day-to-day basis. At one point, BG Karpinski sent LTC (P) Phillabaum to Camp Arifjan, Kuwait for approximately two weeks, apparently to give him some relief from the pressure he was experiencing as the 320th Battalion Commander. This movement to Camp Arifjan immediately followed a briefing provided by LTC (P) Phillabaum to the CJTF-7 Commander, LTG Sanchez, near the end of October 2003. BG Karpinski placed LTC Ronald Chew, Commander of the 115th MP Battalion, in charge of the 320th MP Battalion for a period of approximately two weeks. LTC Chew was also in command of the 115th MP Battalion assigned to Camp Cropper, BIAP, Iraq. I could find no orders, either suspending or relieving LTC (P) Phillabaum from command, nor any orders placing LTC Chew in command of the 320th. In addition, there was no indication this removal and search for a replacement was communicated to the Commander CJTF-7, the Commander 377th TSC, or to Soldiers in the 320th MP Battalion. Temporarily removing one commander and replacing him with another serving Battalion Commander without an order and without notifying superior or subordinate commands is without precedent in my military career. LTC (P) Phillabaum was also reprimanded for lapses in accountability that resulted in several escapes. The 320th MP Battalion was stigmatized as a unit due to previous detainee abuse which occurred in May 2003 at the Bucca Theater Internment Facility (TIF), while under the command of LTC (P) Phillabaum. Despite his proven deficiencies as both a commander and leader, BG Karpinski allowed LTC (P) Phillabaum to remain in command of her most troubled battalion guarding, by far, the largest number of detainees in the 800th MP Brigade. LTC (P) Phillabaum was suspended from his duties by LTG Sanchez, CJTF-7 Commander on 17 January 2004. (ANNEXES 43, 45, and 61)

14. (U) During the course of this investigation I conducted a lengthy interview with BG Karpinski that lasted over four hours, and is included verbatim in the investigation Annexes. BG Karpinski was extremely emotional during much of her testimony. What I found particularly disturbing in her testimony was her complete unwillingness to either understand or accept that many of the problems inherent in the 800th MP Brigade were caused or exacerbated by poor leadership and the refusal of her command to both establish and enforce basic standards and principles among its soldiers. (ANNEX 45 and the Personal Observations of the Interview Team)

15. (U) BG Karpinski alleged that she received no help from the Civil Affairs Command, specifically, no assistance from either BG John Kern or COL Tim Regan. She blames much of the abuse that occurred in Abu Ghraib (BCCF) on MI personnel and stated that MI personnel had given the MPs "ideas" that led to detainee abuse. In addition, she blamed the 372nd Company Platoon Sergeant, SFC Snider, the Company Commander, CPT Reese, and the First Sergeant, MSG Lipinski, for the abuse. She argued that problems in Abu Ghraib were the fault of COL Pappas and LTC Jordan because COL Pappas was in charge of FOB Abu Ghraib. (ANNEX 45)

16. (U) BG Karpinski also implied during her testimony that the criminal abuses that occurred at Abu Ghraib (BCCF) might have been caused by the ultimate disposition of the detainee abuse cases that originally occurred at Camp Bucca in May 2003. She stated that "about the same time those incidents were taking place out of Baghdad Central, the decisions were made to give the guilty people at Bucca plea bargains. So, the system communicated to the soldiers, the worst that's gonna happen is, you're gonna go home." I think it important to point out that almost every witness testified that the serious criminal abuse of detainees at Abu Ghraib (BCCF) occurred in late October and early November 2003. The photographs and statements clearly support that the abuses occurred during this time period. The Bucca cases were set for trial in January 2004 and were not finally disposed of until 29 December 2003. There is entirely no evidence that the decision of numerous MP personnel to intentionally abuse detainees at Abu Ghrabid (BCCF) was influenced in any respect by the Camp Bucca cases. (ANNEXES 25, 26, and 45)

17. (U) Numerous witnesses stated that the 800th MP Brigade S-1, MAJ Hinzman and S-4, MAJ Green, were essentially dysfunctional, but that despite numerous complaints, these officers were not replaced. This had a detrimental effect on the Brigade Staff's effectiveness and morale. Moreover, the Brigade Command Judge Advocate, LTC James O'Hare, appears to lack initiative and was unwilling to accept responsibility for any of his actions. LTC Gary Maddocks, the Brigade XO did not properly supervise the Brigade staff by failing to lay out staff priorities, take overt corrective action when needed, and supervise their daily functions. (ANNEXES 45, 47, 48, 62, and 67)

18. (U) In addition to poor morale and staff inefficiencies, I find that the 800th MP Brigade did not articulate or enforce clear and basic Soldier and Army standards. I specifically found these examples of unenforced standards:

a. There was no clear uniform standard for any MP Soldiers assigned detention duties. Despite the fact that hundreds of former Iraqi soldiers and officers were detainees, MP personnel were allowed to wear civilian clothes in the FOB after duty hours while carrying weapons. (ANNEXES 51 and 74)

b. Some Soldiers wrote poems and other sayings on their helmets and soft caps. (ANNEXES 51 and 74)

c. In addition, numerous officers and senior NCOs have been reprimanded/disciplined for misconduct during this period. Those disciplined include; (ANNEXES 43 and 102)

1). (U) BG Janis Karpinski, Commander, 800th MP Brigade

* Memorandum of Admonishment by LTG Sanchez, Commander, CJTF-7, on 17 January 2004.

2). (U) LTC (P) Jerry Phillabaum, Commander, 320th MP Battalion

* GOMOR from BG Karpinski, Commander 800th MP Brigade, on 10 November 2003, for lack of leadership and for failing to take corrective security measures as ordered by the Brigade Commander; filed locally

* Suspended by BG Karpinski, Commander 800th MP Brigade, 17 January 2004; Pending Relief for Cause, for dereliction of duty

3). (U) LTC Dale Burtyk, Commander, 400th MP Battalion

* GOMOR from BG Karpinski, Commander 800th MP Brigade, on 20 August 2003, for failure to properly train his Soldiers. (Soldier had negligent discharge of M-16 while exiting his vehicle, round went into fuel tank); filed locally.

4). (U) MAJ David DiNenna, S-3, 320th MP Battalion

* GOMOR from LTG McKiernan, Commander CFLCC, on 25 May 2003, for dereliction of duty for failing to report a violation of CENTCOM General Order #1 by a subordinate Field Grade Officer and Senior Noncommissioned Officer, which he personally observed; returned to soldier unfiled.

* GOMOR from BG Karpinski, Commander 800th MP Brigade, on 10 November 03, for failing to take corrective security measures as ordered by the Brigade Commander; filed locally.

5). (U) MAJ Stacy Garrity, Finance Officer, 800th MP Brigade

* GOMOR from LTG McKiernan, Commander CFLCC, on 25 May 2003, for violation of CENTCOM General Order #1, consuming alcohol with an NCO; filed locally.

6). (U) CPT Leo Merck, Commander, 870th MP Company

* Court-Martial Charges Preferred, for Conduct Unbecoming an Officer and Unauthorized Use of Government Computer in that he was alleged to have taken nude pictures of his female Soldiers without their knowledge; Trial date to be announced.

7). (U) CPT Damaris Morales, Commander, 770th MP Company

* GOMOR from BG Karpinski, Commander 800th MP Brigade, on 20 August 2003, for failing to properly train his Soldiers (Soldier had negligent discharge of M-16 while exiting his vehicle, round went into fuel tank); filed locally.

8). (U) CSM Roy Clement, Command Sergeant Major, 800th MP Brigade

* GOMOR and Relief for Cause from BG Janis Karpinski, Commander 800th MP Brigade, for fraternization and dereliction of duty for fraternizing with junior enlisted soldiers within his unit; GOMOR officially filed and he was removed from the CSM list.

9). (U) CSM Edward Stotts, Command Sergeant Major, 400th MP Battalion

* GOMOR from BG Karpinski, Commander 800th MP Brigade, on 20 August 2003, for failing to properly train his Soldiers (Soldier had negligent discharge of M-16 while exiting his vehicle, round went into fuel tank); filed locally.

10). (U) 1SG Carlos Villanueva, First Sergeant, 770th MP Company

* GOMOR from BG Karpinski, Commander 800th MP Brigade, on 20 August 2003, for failing to properly train his Soldiers (Soldier had negligent discharge of M-16 while exiting his vehicle, round went into fuel tank); filed locally.

11). (U) MSG David Maffett, NBC NCO, 800th MP Brigade,

* GOMOR from LTG McKiernan, Commander CFLCC, on 25 May 2003, for violation of CENTCOM General Order #1, consuming alcohol; filed locally.

12) (U) SGM Marc Emerson, Operations SGM, 320th MP Battalion,

* Two GO Letters of Concern and a verbal reprimand from BG Karpinski, Commander 800th MP Brigade, for failing to adhere to the guidance/directives given to him by BG Karpinski; filed locally.

d. (U) Saluting of officers was sporadic and not enforced. LTC Robert P. Walters, Jr., Commander of the 165th Military Intelligence Battalion (Tactical Exploitation), testified that the saluting policy was enforced by COL Pappas for all MI personnel, and that BG Karpinski approached COL Pappas to reverse the saluting policy back to a no-saluting policy as previously existed. (ANNEX 53)

19. (U) I find that individual Soldiers within the 800th MP Brigade and the 320th Battalion stationed throughout Iraq had very little contact during their tour of duty with either LTC (P) Phillabaum or BG Karpinski. BG Karpinski claimed, during her testimony, that she paid regular visits to the various detention facilities where her Soldiers were stationed. However, the detailed calendar provided by her Aide-de-Camp, 1LT Mabry, does not support her contention. Moreover, numerous witnesses stated that they rarely saw BG Karpinski or LTC (P) Phillabaum. (Multiple Witness Statements)

20. (U) In addition I find that psychological factors, such as the difference in culture, the Soldiers' quality of life, the real presence of mortal danger over an extended time period, and the failure of commanders to recognize these pressures contributed to the perversive atmosphere that existed at Abu Ghraib (BCCF) Detention Facility and throughout the 800th MP Brigade. (ANNEX 1).

21. As I have documented in other parts of this investigation, I find that there was no clear emphasis by BG Karpinski to ensure that the 800th MP Brigade Staff, Commanders, and Soldiers were trained to standard in detainee operations and proficiency or that serious accountability lapses that occurred over a significant period of time, particularly at Abu Ghraib (BCCF), were corrected. AR 15-6 Investigations regarding detainee escapes were not acted upon, followed up with corrective action, or disseminated to subordinate commanders or Soldiers. Brigade and unit SOPs for dealing with detainees if they existed at all, were not read or understood by MP Soldiers assigned the difficult mission of detainee operations. Following the abuse of several detainees at Camp Bucca in May 2003, I could find no evidence that BG Karpinski ever directed corrective training for her soldiers or ensured that MP Soldiers throughout Iraq clearly understood the requirements of the Geneva Conventions relating to the treatment of detainees. (Multiple Witness Statements and the Personal Observations of the Investigation Team )

22. On 17 January 2004 BG Karpinski was formally admonished in writing by LTG Sanchez regarding the serious deficiencies in her Brigade. LTG Sanchez found that the performance of the 800th MP Brigade had not met the standards set by the Army or by CJTF-7. He found that incidents in the preceding six months had occurred that reflected a lack of clear standards, proficiency and leadership within the Brigade. LTG Sanchez also cited the recent detainee abuse at Abu Ghraib (BCCF) as the most recent example of a poor leadership climate that "permeates the Brigade." I totally concur with LTG Sanchez' opinion regarding the performance of BG Karpinski and the 800th MP Brigade. (ANNEX 102 and the Personal Observations of the Investigating Officer)

RECOMMENDATIONS AS TO PART THREE OF THE INVESTIGATION:

1. (U) That BG Janis L. Karpinski, Commander, 800th MP Brigade be Relieved from Command and given a General Officer Memorandum of Reprimand for the following acts which have been previously referred to in the aforementioned findings:

* Failing to ensure that MP Soldiers at theater-level detention facilities throughout Iraq had appropriate SOPs for dealing with detainees and that Commanders and Soldiers had read, understood, and would adhere to these SOPs.

* Failing to ensure that MP Soldiers in the 800th MP Brigade knew, understood, and adhered to the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

* Making material misrepresentations to the Investigation Team as to the frequency of her visits to her subordinate commands.

* Failing to obey an order from the CFLCC Commander, LTG McKiernan, regarding the withholding of disciplinary authority for Officer and Senior Noncommissioned Officer misconduct.

* Failing to take appropriate action regarding the ineffectiveness of a subordinate Commander, LTC (P) Jerry Phillabaum.

* Failing to take appropriate action regarding the ineffectiveness of numerous members of her Brigade Staff including her XO, S-1, S-3, and S-4.

* Failing to properly ensure the results and recommendations of the AARs and numerous 15-6 Investigation reports on escapes and shootings (over a period of several months) were properly disseminated to, and understood by, subordinate commanders.

* Failing to ensure and enforce basic Soldier standards throughout her command.

* Failing to establish a Brigade METL.

* Failing to establish basic proficiency in assigned tasks for Soldiers throughout the 800th MP Brigade.

* Failing to ensure that numerous and reported accountability lapses at detention facilities throughout Iraq were corrected.

2. (U) That COL Thomas M. Pappas, Commander, 205th MI Brigade, be given a General Officer Memorandum of Reprimand and Investigated UP Procedure 15, AR 381-10, US Army Intelligence Activities for the following acts which have been previously referred to in the aforementioned findings:

* Failing to ensure that Soldiers under his direct command were properly trained in and followed the IROE.

* Failing to ensure that Soldiers under his direct command knew, understood, and followed the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

* Failing to properly supervise his soldiers working and "visiting" Tier 1 of the Hard-Site at Abu Ghraib (BCCF).

3. (U) That LTC (P) Jerry L. Phillabaum, Commander, 320th MP Battalion, be Relieved from Command, be given a General Officer Memorandum of Reprimand, and be removed from the Colonel/O-6 Promotion List for the following acts which have been previously referred to in the aforementioned findings:

* Failing to properly ensure the results, recommendations, and AARs from numerous reports on escapes and shootings over a period of several months were properly disseminated to, and understood by, subordinates.

* Failing to implement the appropriate recommendations from various 15-6 Investigations as specifically directed by BG Karpinski.

* Failing to ensure that Soldiers under his direct command were properly trained in Internment and Resettlement Operations.

* Failing to ensure that Soldiers under his direct command knew and understood the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

* Failing to properly supervise his soldiers working and "visiting" Tier 1 of the Hard-Site at Abu Ghraib (BCCF).

* Failing to properly establish and enforce basic soldier standards, proficiency, and accountability.

* Failure to conduct an appropriate Mission Analysis and to task organize to accomplish his mission.

4. (U) That LTC Steven L. Jordan, Former Director, Joint Interrogation and Debriefing Center and Liaison Officer to 205th Military Intelligence Brigade, be relieved from duty and be given a General Officer Memorandum of Reprimand for the following acts which have been previously referred to in the aforementioned findings:

* Making material misrepresentations to the Investigating Team, including his leadership roll at Abu Ghraib (BCCF).

* Failing to ensure that Soldiers under his direct control were properly trained in and followed the IROE.

* Failing to ensure that Soldiers under his direct control knew, understood, and followed the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

* Failing to properly supervise soldiers under his direct authority working and "visiting" Tier 1 of the Hard-Site at Abu Ghraib (BCCF).

5. (U) That MAJ David W. DiNenna, Sr., S-3, 320th MP Battalion, be Relieved from his position as the Battalion S-3 and be given a General Officer Memorandum of Reprimand for the following acts which have been previously referred to in the aforementioned findings:

* Received a GOMOR from LTG McKiernan, Commander CFLCC, on 25 May 2003, for dereliction of duty for failing to report a violation of CENTCOM General Order #1 by a subordinate Field Grade Officer and Senior Noncommissioned Officer, which he personally observed; GOMOR was returned to Soldier and not filed.

* Failing to take corrective action and implement recommendations from various 15-6 investigations even after receiving a GOMOR from BG Karpinski, Commander 800th MP Brigade, on 10 November 03, for failing to take corrective security measures as ordered; GOMOR was filed locally.

* Failing to take appropriate action and report an incident of detainee abuse, whereby he personally witnessed a Soldier throw a detainee from the back of a truck.

6. (U) That CPT Donald J. Reese, Commander, 372nd MP Company, be Relieved from Command and be given a General Officer Memorandum of Reprimand for the following acts which have been previously referred to in the aforementioned findings:

* Failing to ensure that Soldiers under his direct command knew and understood the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

* Failing to properly supervise his Soldiers working and "visiting" Tier 1 of the Hard-Site at Abu Ghraib (BCCF).

* Failing to properly establish and enforce basic soldier standards, proficiency, and accountability.

* Failing to ensure that Soldiers under his direct command were properly trained in Internment and Resettlement Operations.

7. (U) That 1LT Lewis C. Raeder, Platoon Leader, 372nd MP Company, be Relieved from his duties as Platoon Leader and be given a General Officer Memorandum of Reprimand for the following acts which have been previously referred to in the aforementioned findings:

* Failing to ensure that Soldiers under his direct command knew and understood the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

* Failing to properly supervise his soldiers working and "visiting" Tier 1 of the Hard-Site at Abu Ghraib (BCCF).

* Failing to properly establish and enforce basic Soldier standards, proficiency, and accountability.

* Failing to ensure that Soldiers under his direct command were properly trained in Internment and Resettlement Operations.

8. (U) That SGM Marc Emerson, Operations SGM, 320th MP Battalion, be Relieved from his duties and given a General Officer Memorandum of Reprimand for the following acts which have been previously referred to in the aforementioned findings:

* Making a material misrepresentation to the Investigation Team stating that he had "never" been admonished or reprimanded by BG Karpinski, when in fact he had been admonished for failing to obey an order from BG Karpinski to "stay out of the towers" at the holding facility.

* Making a material misrepresentation to the Investigation Team stating that he had attended every shift change/guard-mount conducted at the 320th MP Battalion, and that he personally briefed his Soldiers on the proper treatment of detainees, when in fact numerous statements contradict this assertion.

* Failing to ensure that Soldiers in the 320th MP Battalion knew and understood the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

* Failing to properly supervise his soldiers working and "visiting" Tier 1 of the Hard-Site at Abu Ghraib (BCCF).

* Failing to properly establish and enforce basic soldier standards, proficiency, and accountability.

* Failing to ensure that his Soldiers were properly trained in Internment and Resettlement Operations.

9. (U) That 1SG Brian G. Lipinski, First Sergeant, 372nd MP Company, be Relieved from his duties as First Sergeant of the 372nd MP Company and given a General Officer Memorandum of Reprimand for the following acts which have been previously referred to in the aforementioned findings:

* Failing to ensure that Soldiers in the 372nd MP Company knew and understood the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

* Failing to properly supervise his soldiers working and "visiting" Tier 1 of the Hard-Site at Abu Ghraib (BCCF).

* Failing to properly establish and enforce basic soldier standards, proficiency, and accountability.

* Failing to ensure that his Soldiers were properly trained in Internment and Resettlement Operations.

10. (U) That SFC Shannon K. Snider, Platoon Sergeant, 372nd MP Company, be Relieved from his duties, receive a General Officer Memorandum of Reprimand, and receive action under the Uniform Code of Military Justice for the following acts which have been previously referred to in the aforementioned findings:

* Failing to ensure that Soldiers in his platoon knew and understood the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

* Failing to properly supervise his soldiers working and "visiting" Tier 1 of the Hard-Site at Abu Ghraib (BCCF).

* Failing to properly establish and enforce basic soldier standards, proficiency, and accountability.

* Failing to ensure that his Soldiers were properly trained in Internment and Resettlement Operations.

* Failing to report a Soldier, who under his direct control, abused detainees by stomping on their bare hands and feet in his presence.

11. (U) That Mr. Steven Stephanowicz, Contract US Civilian Interrogator, CACI, 205th Military Intelligence Brigade, be given an Official Reprimand to be placed in his employment file, termination of employment, and generation of a derogatory report to revoke his security clearance for the following acts which have been previously referred to in the aforementioned findings:

* Made a false statement to the investigation team regarding the locations of his interrogations, the activities during his interrogations, and his knowledge of abuses.

* Allowed and/or instructed MPs, who were not trained in interrogation techniques, to facilitate interrogations by "setting conditions" which were neither authorized and in accordance with applicable regulations/policy. He clearly knew his instructions equated to physical abuse.

12. (U) That Mr. John Israel,Contract US Civilian Interpreter, CACI, 205th Military Intelligence Brigade, be given an Official Reprimand to be placed in his employment file and have his security clearance reviewed by competent authority for the following acts or concerns which have been previously referred to in the aforementioned findings:

* Denied ever having seen interrogation processes in violation of the IROE, which is contrary to several witness statements.

* Did not have a security clearance.

13. (U) I find that there is sufficient credible information to warrant an Inquiry UP Procedure 15, AR 381-10, US Army Intelligence Activities, be conducted to determine the extent of culpability of MI personnel, assigned to the 205th MI Brigade and the Joint Interrogation and Debriefing Center (JIDC) at Abu Ghraib (BCCF). Specifically, I suspect that COL Thomas M. Pappas, LTC Steve L. Jordan, Mr. Steven Stephanowicz, and Mr. John Israel were either directly or indirectly responsible for the abuses at Abu Ghraib (BCCF) and strongly recommend immediate disciplinary action as described in the preceding paragraphs as well as the initiation of a Procedure 15 Inquiry to determine the full extent of their culpability. (Annex 36)

OTHER FINDINGS/OBSERVATIONS

1. (U) Due to the nature and scope of this investigation, I acquired the assistance of Col (Dr.) Henry Nelson, a USAF Psychiatrist, to analyze the investigation materials from a psychological perspective. He determined that there was evidence that the horrific abuses suffered by the detainees at Abu Ghraib (BCCF) were wanton acts of select soldiers in an unsupervised and dangerous setting. There was a complex interplay of many psychological factors and command insufficiencies. A more detailed analysis is contained in ANNEX 1 of this investigation.

2. (U) During the course of this investigation I conducted a lengthy interview with BG Karpinski that lasted over four hours, and is included verbatim in the investigation Annexes. BG Karpinski was extremely emotional during much of her testimony. What I found particularly disturbing in her testimony was her complete unwillingness to either understand or accept that many of the problems inherent in the 800th MP Brigade were caused or exacerbated by poor leadership and the refusal of her command to both establish and enforce basic standards and principles among its Soldiers. (ANNEX 45)

3. (U) Throughout the investigation, we observed many individual Soldiers and some subordinate units under the 800th MP Brigade that overcame significant obstacles, persevered in extremely poor conditions, and upheld the Army Values. We discovered numerous examples of Soldiers and Sailors taking the initiative in the absence of leadership and accomplishing their assigned tasks.

a. (U) The 744th MP Battalion, commanded by LTC Dennis McGlone, efficiently operated the HVD Detention Facility at Camp Cropper and met mission requirements with little to no guidance from the 800th MP Brigade. The unit was disciplined, proficient, and appeared to understand their basic tasks.

b. (U) The 530th MP Battalion, commanded by LTC Stephen J. Novotny, effectively maintained the MEK Detention Facility at Camp Ashraf. His Soldiers were proficient in their individual tasks and adapted well to this highly unique and non-doctrinal operation.

c. (U) The 165th MI Battalion excelled in providing perimeter security and force protection at Abu Ghraib (BCCF). LTC Robert P. Walters, Jr., demanded standards be enforced and worked endlessly to improve discipline throughout the FOB.

4. (U) The individual Soldiers and Sailors that we observed and believe should be favorably noted include:

a. (U) Master-at-Arms First Class William J. Kimbro, US Navy Dog Handler, knew his duties and refused to participate in improper interrogations despite significant pressure from the MI personnel at Abu Ghraib.

b. (U) SPC Joseph M. Darby, 372nd MP Company discovered evidence of abuse and turned it over to military law enforcement.

c. (U) 1LT David O. Sutton, 229th MP Company, took immediate action and stopped an abuse, then reported the incident to the chain of command.

CONCLUSION

1. (U) Several US Army Soldiers have committed egregious acts and grave breaches of international law at Abu Ghraib/BCCF and Camp Bucca, Iraq. Furthermore, key senior leaders in both the 800th MP Brigade and the 205th MI Brigade failed to comply with established regulations, policies, and command directives in preventing detainee abuses at Abu Ghraib (BCCF) and at Camp Bucca during the period August 2003 to February 2004.

2. (U) Approval and implementation of the recommendations of this AR 15-6 Investigation and those highlighted in previous assessments are essential to establish the conditions with the resources and personnel required to prevent future occurrences of detainee abuse.

Annexes

1. Psychological Assessment

2. Request for investigation from CJTF-7 to CENTCOM

3. Directive to CFLCC from CENTCOM directing investigation

4. Appointment Memo from CFLCC CDR to MG Taguba

5. 15-6 Investigation 9 June 2003

6. 15-6 Investigation 12 June 2003

7. 15-6 Investigation 13 June 2003

8. 15-6 Investigation 24 November 2003

9. 15-6 Investigation 7 January 2004

10. 15-6 Investigation 12 January 2004

11. SIR 5 November 2003

12. SIR 7 November 2003

13. SIR 8 November 2003

14. SIR 13 December 2003

15. SIR 13 December 2003

16. SIR 13 December 2003

17. SIR 17 December 2003

18. Commander's Inquiry 26 January 2004

19. MG Ryder's Report, 6 November 2003

20. MG Miller's Report, 9 September 2003

21. AR 190-8, Enemy Prisoners of War, Retained Personnel, Civilian Internees, and Other Detainees, 1 October 1997

22. FM 3-19.40, Military Police Internment/Resettlement Operations, 1 August 2001

23. FM 34-52, Intelligence Interrogation, 28 September 1992

24. Fourth Geneva Convention, 12 August 1949

25. CID Report on criminal abuses at Abu Ghraib, 28 January 2004

26. CID Interviews, 10-25 January 2004

27. 800th MP Brigade Roster, 29 January 2004

28. 205th MI Brigade's IROE, Undated

29. TOA Order (800th MP Brigade) and letter holding witnesses

30. Investigation Team's witness list

31. FRAGO #1108

32. Letters suspending several key leaders in the 800th MP Brigade and Rating Chain with suspensions annotated

33. FM [AR] 27-10, Military Justice, 6 September 2002 [FM 27-10, The Law of Land Warfare]

34. CID Report on abuse of detainees at Camp Bucca, 8 June 2003

35. Article 32 Findings on abuse of detainees at Camp Bucca, 26 August 2003

36. AR 381-10, 1 July 1984

37. Excerpts from log books, 320th MP Battalion

38. 310th MP Battalion's Inprocessing SOP

39. 320th MP Battalion's "Change Sheet"

40. Joint Interrogation and Debriefing Center's (JIDC) Slides, Undated

41. Order of Battle Slides, 12 January 2004

42. Joint Publication 0-2, Unified Actions Armed Forces, 10 July 2001

43. General Officer Memorandums of Reprimand

44. 800th MP Battalion's TACSOP

45. BG Janis Karpinski, Commander, 800th MP Brigade

46. COL Thomas Pappas, Commander, 205th MI Brigade

47. COL Ralph Sabatino, CFLCC Judge Advocate, CPA Ministry of Justice

48. LTC Gary W. Maddocks, S-5 and Executive Officer, 800th MP Brigade

49. LTC James O'Hare, Command Judge Advocate, 800th MP Brigade

50. LTC Robert P. Walters Jr., Commander, 165th MI Battalion (Tactical exploitation)

51. LTC James D. Edwards, Commander, 202nd MI Battalion

52. LTC Vincent Montera, Commander 310th MP Battalion

53. LTC Steve Jordan, former Director, Joint Interrogation and Debriefing Center/LNO to the 205th MI Brigade

54. LTC Leigh A. Coulter, Commander 724th MP Battalion and OIC Arifjan Detachment, 800th MP Brigade

55. LTC Dennis McGlone, Commander, 744th MP Battalion

56. MAJ David Hinzman, S-1, 800th MP Brigade

57. MAJ William D. Proietto, Deputy CJA, 800th MP Brigade

58. MAJ Stacy L. Garrity, S-1 (FWD), 800th MP Brigade

59. MAJ David W. DiNenna, S-3, 320th MP Battalion

60. MAJ Michael Sheridan, XO, 320th MP Battalion

61. MAJ Anthony Cavallaro, S-3, 800th MP Brigade

62. CPT Marc C. Hale, Commander, 670th MP Company

63. CPT Donald Reese, Commander, 372nd MP Company

64. CPT Darren Hampton, Assistant S-3, 320th MP Battalion

65. CPT John Kaires, S-3, 310th MP Battalion

66. CPT Ed Diamantis, S-2, 800th MP Brigade

67. LTC Jerry L. Phillabaum, Commander, 320th MP Battalion

68. CPT James G. Jones, Commander, 229th MP Company

69. CPT Michael A. Mastrangelo, Jr., Commander, 310th MP Company

70. CPT Lawrence Bush, IG, 800th MP Brigade

71. 1LT Lewis C. Raeder, Platoon Leader, 372nd MP Company

72. 1LT Elvis Mabry, Aide-de-Camp to Brigade Commander, 800th MP Brigade

73. 1LT Warren E. Ford, II, Commander, HHC 320th MP Battalion

74. 2LT David O. Sutton, Platoon Leader, 229th MP Company

75. CW2 Edward J. Rivas, 205th MI Brigade

76. CSM Joseph P. Arrison, Command Sergeant Major, 320th MP Battalion

77. SGM Pascual Cartagena, Command Sergeant Major, 800th MP Brigade

78. CSM Timothy L. Woodcock, Command Sergeant Major, 310th MP Battalion

79. 1SG Dawn J. Rippelmeyer, First Sergeant, 977th MP Company

80. SGM Mark Emerson, Operations SGM, 320th MP Battalion

81. MSG Brian G. Lipinski, First Sergeant, 372nd MP Company

82. MSG Andrew J. Lombardo, Operations Sergeant, 310th MP Battalion

83. SFC Daryl J. Plude, Platoon Sergeant, 229th MP Company

84. SFC Shannon K. Snider, Platoon SGT, 372nd MP Company

85. SFC Keith A. Comer, 372nd MP Company

86. SSG Robert Elliot, Squad Leader, 372nd MP Company

87. SSG Santos A. Cardona, Army Dog Handler

88. SGT Michael Smith, Army Dog Handler

89. MA1 William J. Kimbro, USN Dog Handler

90. Mr. Steve Stephanowicz, US civilian contract Interrogator, CACI, 205th MI Brigade

91. Mr. John Israel, US civilian contract Interpreter, Titan Corporation, 205th MI Brigade

92. FM 3-19.1, Military Police Operations, 22 March 2001

93. CJTF-7 IROE and DROE, Undated

94. CJTF-7 Interrogation and Counter Resistance Policy, 12 October 2003

95. 800th MP Brigade Mobilization Orders

96. Sample Detainee Status Report, 13 March 2004

97. 530th MP Battalion Mission Brief, 11 February 2004

98. Memorandum for Record, CPT Ed Ray, Chief of Military Justice, CFLCC, 9 March 2004

99. SIR 14 January 2004

100. Accountability Plan Recommendations, 9 March 2004

101. 2LT Michael R. Osterhout, S-2, 320th MP Battalion

102. Memorandum of Admonishment from LTG Sanchez to BG Karpinski, 17 January 2004

103. Various SIRs from the 800th MP Brigade/320th MP Battalion

104. 205th MI Brigade SITREP to MG Miller, 12 December 2003

105. SGT William A. Cathcart, 372nd MP Company

106. 1LT Michael A. Drayton, Commander, 870th MP Company

Photo 1 appears to show detainees just brought to the prison, still wearing plastic cuffs.
One has pants and underpants dropped.

Photos 2-4 appear to show these and other detainees undressed with clothing piled in
the background of photo 2. Note the white panel of the wall at the right of photo 2.

Photos 2 and 3 show frontal views of detainee pile, photos 4 and 5 show rear views
of the pile.

Photos 4, 6 and 8 show detainees with white wall panel of photo 2 behind.

Photos 1-14 show iron-barred cell doors compared to the solid-panel doors shown
in photos 4, 6, 7 and 8. There are both types of cell doors shown in photo 14.

Solid-panel doors are used for isolation and interrogation cells.

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