BRIEFING NOTE FOR THE CLS - Université d'Ottawa ...aix1.uottawa.ca/~cforcese/nsarchive/documents/0503.pdfdeals with the handling of PW (B-GL-332-012/FP-001), providing the necessary

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BRIEFING NOTE FOR THE CLS

TITLE - OP APOLLO - INTERIM PRISONERS OF WAR HANDLING

Refs: A. Mini-JSAT - PW Handling for Op APOLLO, 14 Jan 02 B. B-GG-005-004lAF-003 (Draft) Joint PWDITQ

ISSUE

1. The aim of this briefing note is to provide an update on the above subject and the status of Ref B, Joint Doctrine for Prisoners of War, Detainees, Interrogation and Tactical Questioning.

BACKGROUND

2. Following events in Somalia in 1992 and problems noted during Ex STALWART RAM in 1993 and Ex TRILLIUM PHOENIX in 1996, a series of efforts to clarify the requirements for handling PW and detainees were undertaken by both LFC and NDHQ. This process culminated in NDHQ Action Directive 6/99 of 3 Sep 99, which directed DCDS (J3 Doctrine) to develop andlor revise CF doctrine on PW handling, detainee handling, interrogation and tactical questioning for both warfighting and peace support operations. It also directed ADM HR (Mil), upon completion of the doctrine; to amend the OGS and NCMGS as required and generate Qualification Standards for subsequent training.

3. A joint doctrine writing board was established in Nov 99, with representation from CMS, CLS, CAS, CFPM, DG Int, JAG, ADM (Pol) and ADM (Fin CS). The writing board produced a draft document of six chapters (Introduction, Prisoners of War, Detainees, Interrogation and Tactical Questioning, Domestic Operations and Training) roughly 60 pages in length. The manual was to have been approved at the 12 Oct 00 CFDB meeting but was delayed for legal review.

4. The PWDITQ re-write has suffered for many years from inconsistency and changing criteria due to operational requirements including Op APOLLO. DCDS Staff agreed to push ahead with the product by 7 Dec 01, under the auspices of 57 DLLS to

with a final version to be signed by the DCDS s. 15(1) on 14 Jan 02. It was envisioned that the first draft would also include a generic view of detainee handling, while leaving out aspects related to domestic operations. Further amplification of Tactical Questioning and Interrogation is covered in the CLS field manual on Intelligence.

DISCUSSION

5. Manual Status. Regarding the current status of the manual, the DCDS has agreed to release an interim Joint Doctrine. Given the intended narrow focus of the document to outline CF policy regarding CA PW Handling in armed conflict, the aim of the interim policy is believed to have been met. Considering the urgency inherent in the production of a CF policy, the DCDS was to release the interim doctrine on 14 Jan 02. It is understood that the PWDITQ WG will continue to meet in hture to address the

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requirements for the rest of the spectrum of potential conflict and that the interim document will most likely be substantially modified.

6. OD APOLLO. DCDS staff acknowledges that the interim Joint doctrine fails to address tactical handling and the political ramification of turning over detainees where their legal status under the LOAC and the Geneva Convention is not clear (unprivileged belligerent). Furthermore, legal questions and political ramifications WRT the transfer of detainees who are not considered as PW IAW the Geneva Convention are still outstanding. Similarly tactical PW handling training is not addressed. ADM (Pol) and JAG have been tasked to address the legal ramifications with the MND office and 53 MP is to develop an aide-memoire for the Op APOLLO BG by 1 Feb 02.

CONCLUSION

7. DLFR 7/LSPM has drafted a proposed straw man for a PW aide-memoire to 53 MP, which address the difficulty WRT the handling of hostile and belligerent groups. Also, the Army already has published a Tactical aide-memoire (TAM) - MP insert which deals with the handling of PW (B-GL-332-012/FP-001), providing the necessary techniques, tactics and procedures used by MP to execute their PW tasks. These should enable the Op APOLLO BG to be interoperable in a multi-national force without having to refer to various agreements ratified by Canada. A mini-WG is taking place on 17 Jan 02, with J3 MP in order to finalised the Tactical Handling procedures.

Responsible Director: Prepared by: Date Prepared:

Col S.B. Appleton, DLFR, 945-0472 LCol J.G. Savard, DLFR 7/LS PM, 945-0460 17 January 2002

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gp January 2002

Distribution List

53 MP TECHNICAL DIRECTIVE, 01/02 - OP APOLLO -NATIONAL DUTIES AND RESPONSIBILITIES - SENIOR MP ADVISOR

References: A. QR&O 22.04 B. A-SJ-100-0041AG Military Police Policies and Technical Directives C. MP Professional Code of Conduct D. NDA Section 250 E. NDHQ Policy Directive 2120-4-0 (CFPM) Revised MP Investigation Policy, 7 May 1999 F. A-SJ- 100-00 1 /AG-000 National Defence Security Policy, (DIN Version) H. B-GG-005-004lAF-000, Chap 2 1 Security and lMilitary Police I. DCDS Instruction to Deployed Commanders - Chapter 7 J. Police Policy Bulletins K. National Defence Security Instructions L. 1000-1 5 (53 MP) 2 1 December 200 1 - 53 MP Technical Directive 0210 1 kl. 1000- 15 (53 MP) 23 January 2002 - 53 MP Technical Directive 0210 1 - Amendment 1

SECTION I - GENERAL

1. Responsibilities. The following staff position represent the 53 MP (CFPM) for the planning, preparation, and co-ordination of MP support to all deployed missions:

DPM PC (LCol S. Tremblay) (613) 945 7297; DPM PC 2 (LCdr L. Murphy) (613) 945 7270; DPM PC 3 (Maj [UK] S. Wilson (6 13) 945 7266; DPM PC Cell Pager (6 13) 71 9 3066

2. Scope. This directive applies to Canadian MP support being provided to units located within the HN. It does not impact on policy or procedures undertaken by other nations contributing to the Force Military Police. This directive amplifies ref I.

3. Role. The Senior Canadian MP Advisor is responsible to the Commanders of Units located within the HN, for the provision of National MP support relative to Canadian interests, policies and law: specifically:

a. Police Operations;

b. Security Operations; and

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c. MP Operational Support.

The scale of the MP deployment in theatre is likely to increase during the operation. Consequently the Senior MP Advisor must brief appropriate Commander(s) on current and emerging blP capabilities.

4. CFNIS. The CFNIS Det that will be deployed will remain OPCOM to the CO CFNIS. When not assigned to conduct investigations as required at ref E, the CFNIS Det will provide support to the Senior iLlP Advisor.

SECTION 2 - MILITARY POLICE REPORTNG PROCEDURES AND PROTOCOLS

5. MP Liaison. The Senior MP Advisor will effect in-theatre liaison with allied MP units and staff, keeping the Unit Commander(s), PM JTFSWA and 53 MP staff appropriately informed on MP issues. Additionally he will liaise with Host Nation civilian police and related authorities and agencies as appropriate.

6. Technical Reporting Res~onsibilities. The Senior MP Advisor is authorised direct communication with all MP forces and staff at higher, lower and lateral levels of command. IXW doctrine and established procedures. The Senior MP Advisor is responsible directly to PM JTFSWA (Tampa, USA) when deployed in support of Op Apollo. Correspondence relating to MP reports and specific policing or investigative matters is to be copied to 53 MP NDHQ Ottawa. When PM JTFSWA is not deployed in support of Op Apollo the Senior MP Advisor is responsible directly to the 53 MP Coord for all MP technical issues and directly to DPM Police for specific policing or investigative matters. IAW Chapter 1 of reference B, DPM Police will provide oversight for all MP investigations (less CF NIS investigations) and matters related to service custody and detention.

7 . blP Re~or ts and Returns. The Senior MP Advisor is responsible for ensuring that all Canadian MP Administration is carried out IAW References B and J, specifically:

a. a central MP File Key Index for the distribution of all Canadian MP Investigation Case Files -TFA;

b. MP Investigation Reports. Canadian MP reports generated in theatre shall be distributed to NDHQIDPM Police using the consolidated MP file key. "Local Distribution". IAW Chapter 4 of reference B. is also authorized;

c. MP Unusual Incident Reports (MPUIR). An MPUIR is an initial notification of a serious incident dispatched to NDHQtDPM Police. This MP correspondence in message format will be dispatched to specific addressees, IAW references B and J. The Senior MP Advisor is authorised to initiate and dispatch MPUIRs. The Senior MP Advisor will notify and brief applicable in-theatre commanders when an MPUIR has been dispatched. if such notification is considered by MP to be appropriate. The Senior MP Advisor must be afforded appropriate authority for the dispatch of MPUIR or to otherwise communicate their contents to applicable MP addressees at

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all times, including periods of communications lockouts, provided that operations are not compromised. Paragraph 9 below deals with operationally imposed delays in incident reporting;

d. Archives - Retention of Records - Rotation Handover. Upon completion of a mission rotation, MP documentation that has not already been forwarded to DPbl Police, such as Daily Occurrence Books (DOB) shall be copied and forwarded to DPM Police for retention in archives. All MP evidence being held will be properly packaged and forwarded to the CFNIS Evidence Custodian (Central Region) for retention and subsequent disposal. File copies of Military Police Investigation Reports (bIPIR) and Local Distribution reports shall remain in theatre and be destroyed after two years. Copies of the current DOB wiil be handed over to the incoming Senior MP Advisor;

e. Archives - Retention of Records - Mission Close Out. At the end of the mission. all MP reports. DOB and relevant registers will be forwarded to DPM Police for retention. All MP evidence being held will be properly packaged and forwarded to CFNIS Evidence Custodian (Central Region) for retention and subsequent disposal. If mission circumstances preclude the application of these guidelines. alternate direction will be provided by DPM Police; and

f. MP Situation Report (SITREP). The Senior MP Advisor shall submit an MP SITREP to PM JTFSWA and information copy to 53 MP Ops, on the last day of each month.

SECTION 3 - INVESTIGATIONS

8. MP authority for the conduct of investigations is derived from the NDA and the Criminal Code of Canada. not from the operational chain of command. It is therefore critical that commanders understand the authority of the MP to conduct independent investigations. The Senior MP Advisor, in accordance with Canadian law and the policies and standards established by the CFPM shall determine the technical scope and direction of police investigations. MP are personally accountable under law, when exercising their authority under Section 156 of the NDA.

9. During multi-national operations. the appropriate component of Canadian MP (MP or CFNIS) will investigate allegations or instances of the following occurrences attributed to Canadian Forces personnel, in addition to the normal investigations required IAW reference A:

a. use of force by CF personnel resulting in injury or death;

b. allegations of crimes committed against the civilian population by CF personnel;

c. allegations of violation of the laws of armed conflict or international law;

d. allegations of mistreatment of detainees;

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e. negligent or careless discharge of weapons resulting in injury or death; and

E complaints and claims against the CF or Canadian interests.

10. Operations may result in life threatening situations unavoidably impacting for a time on the conduct of an MP investigation. These rare occasions must be the subject of a Significant Incident Report (SIR) notification by the Commander to NDHQICOS 53, with an information copy to the CFPM and PM JTFSWA, as soon as practicable and indicate the circumstances that necessitated the decision and the expected length of the delay. The Senior MP Advisor shall dispatch similar notification containing applicable details to the DPM Police, using the most expeditious means.

1 1. The Minister has authorized a technical chain of command to provide investigative consultation and direction to deployed military police. This is to ensure independence of investigations, maintenance of MP professional standards and to satisfy judicial requirements. The intent is to provide the military justice system with impartial, responsive, and effective investigation results. The next level of technical authority for MP on domestic or international deployments, concerning policing or investigative matters is the DPM Police or DPM CF NIS as appropriate.

1 Commanders have the operational need to know who in their command is under investigation. To ensure that the Commander(s) is appropriately advised of all MP investigations the Senior MP Advisor will establish with appropriate Commanders, a briefing protocol which will ensure an applicable flow of communications concerning MP investigations is maintained between the MP and the chain of command, IAW reference B.

13. Physical and Information Security Surveys are a part of regular MP services. The requirement at reference F for commanders to maintain adequate physical security at home is equally applicable to deployed operations. The Senior MP Advisor shall also advise the Commander(s) on security matters. Where practical. the Senior MP Advisor shall ensure. as a minimum, that physical security surveys of SCIF and high security zones are conducted.

14. The Senior MP Advisor will submit an MP specific AAR, directly to PM JTFSWA copy to J3 MP Ops at end of the mission/rotation. The appropriate Commander(s) may be included as an information addressee.

SECTION 4 - MILITARY POLICE SUPPORT TO MISSION

15. The roles assigned to the Senior MP Advisor include Police Operations, Security Operations, and MP Operational Support. Dependent on the nature of operations being undertaken by the Mission's elements and the state of Host Nation policing infrastructure, situations may arise where it will become necessary to detain non-combatants, or other persons with special status as defined within International Agreements.

16. The Senior MP Advisor can assist the Cornmander(s) in this regard by co-ordinating, conducting and overseeing the temporary detention and return to civil authority of all non-

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combatants detained by MP, with Host Nation or indigenous police, security, customs and penitentiary services, in support of ongoing operations. The Senior MP Advisor is responsible to provide advice to the commander and provide co-ordination for the handling of all detainees.

17. Police O~erations. Police Operations are designed to assist Commanders with maintenance of discipline. Police Operations include policing, law enforcement, investigations and detention. Very specific standards and policies defined by the CFPM, as identified at references B and J guides the conduct of Police Operations. Police Operations may take the form of:

a. providing the Commander(s) with investigation case management, rapid- investigation capability for serious incidents and investigative technical support;

b. investigating complaints and claims against CF personnel within the Mission AOR:

c. providing advice on disciplinary matters;

d. assisting the Commander(s) with the provision of policing assistance and support to other allied andlor HN MP, civilian police services. or other civilian emergency services as may be required;

e. providing MP patrols to deter and reduce opportunities for crime;

f. providing advice and assistance in crime prevention;

g. operating a sltort-term Service Detention Facility and the provision of Service Custody for CF personnel only; and

h. dealing with civilian detainees - residents of the Host Nation; refugees or displaced persons - who are apprehended by CF personnel within CF locations: Senior MP Advisor is to ensure that:

(1 ) written protocols with the advice of CF Legal personnel are developed with the Host Nation(s) (HN) and non-governmental organisations (NGOs) such as the International Committee of the Red Cross (ICRC) with impartial oversight of detainees. Protocols should include issues concerning photographing of civilian detainees, fingerprinting and releaselhandover documentation;

(2) detainees are to be handed over to the HN authorities as soon as practicable; and

(3) incidents concerning detainees are to be brought to the attention of the Senior MP Advisor immediately.

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18. Securitv Operations. The Senior MP Advisor will normally be capable of providing the following services:

a. physical security surveys of High Security Zones, including all Cdn T-SSA (SCIFs);

b. Canadian Forces Identification Services;

c. co-ordination of Defensive Security Briefings and Debriefing required IAW reference F for visits of CF personnel to other locations as required;

d. provision of advice concerning security clearances and reliability checks on Locally Engaged Employees;

e. conduct of escorts (but not CPP) for High Risk Persons or High Risk Materiel; and

f. co-ordination of IT systems accreditation.

19. MP Support to Operations. MP Operational Support includes:

(a) assistance to the Commander(s) with the identification of Force Protection issues through liaison with Host Nation law enforcement and judicial agencies, and other Allied MP Forces;

(b) the provision of VIP Security (excluding CPP) and protection of high value assets;

(c) the provision of MP operational advice to the Commander(s) and planning staff, in the preparation of operational plans; and

(d) providing mobility support required by the Commander(s).

20. These guidelines are not all inclusive, nor are they intended to exclude MP from the conduct of other tasks deemed appropriate for MP by the Commander(s). Care must be exercised however in the judicious use of MP resources in theatre. Any expansion of tasks or roles should be carefully considered and weighed against the ,LIP resources available to fulfil the function envisioned. Any proposal for change to the existing U P establishment should be co- ordinated with the MP technical chain.

2 1. The Senior MP Advisor must be prepared to assume functional responsibility for additional CF MP assets deployed to I-IN location.

SECTION 5 - ACCOUNTABILITY OF MILITARY POLICE PERSONNEL

22. The Senior MP Advisor, in relation to public complaints, is mandated to deal with all complaints concerning any MP member's professional conduct while conducting MP policing duties and functions. The Deputy Provost Professional Standards (DPM PS) is delegated as the

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CFPM authority to carry out this mandate. MPs are guided in their conduct at refs C and D.

23. For the purpose of subsection 250.1 8(1) of the National Defence Act (Complaints about military police), any of the following, if performed by a member of the military police, are policing duties or functions:

a. the conduct of an investigation;

b. the rendering of assistance to the public;

c. the execution of a warrant or another judicial process;

d. the handling of evidence;

e. the laying of a charge;

f. attendance at a judicial proceeding;

u 3. the enforcement of laws;

h. responding to a complaint; and

I. the arrest or custody of a person.

A duty or function performed by a member of the military police that relates to administration, training, or military operations that result from established military custom or practice, is not a policing duty or function.

24. Deployed MP must be cognizant of the requirements of ref D and must act accordingly. Complaints that fall within the definitions listed above must be forwarded to DPM PS through expedient means. Deployed MP are not authorized to deal with these complaints unless directed by DPM PS.

25. The Governor in Council passed the MP Professional Code of Conduct on 15 Dec 1999. Any alleged or suspected breaches of the MP Code of Conduct will be investigated. DPM PS is to be advised immediately if a breach of the MP Code of Conduct. DPM PS will determine a course of action. If it is determined that a breach of the MP Code of Conduct has occurred, IAW ref C, DPM PS will cause the file to be reviewed by the Military Police Credential Review Board.

8

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SECTION 6 - IMPLEMENTATION

26. This directive is effective upon receipt. References L and M are no longer valid and are to be destroyed.

Lieutenant Colonel 53 MP Ops

Distribution List

DCDS COS 53 CFPM Comd JTFSWA Comd 3 PPCLI BG Comd LRP Comd TAL Comd SAL PM JTFS WA Senior MP Advisors

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SECRET CEO

BRIEFING NOTE FOR THE CDS (through DCDS)

SUBJECT: DETAINEE HANDLING PROCEDURES s. 15(1)

Issue

S, 15(1) I. Provide a summary of the training undertaken by members of handling of detainees.

for the

Background

2. personnel, both as part of the preparation fo as well as S.15(1) normal ongoing training are responsible for fully understanding and applying both domestic and international law as applicable during the handling of detainees.

Training Conducted

3. The handling of detainees, regardless of status, must adhere to very specific and strict guidelines. Unit training is multi-phased and of a practical nature with a strong academic and theoretical background. The combination of these two elements ensure that the unit personnel afford all detainees their complete rights, and that they are handled in a manner that fully complies with all the regulations as detailed in the Law of Armed Conflict. (Flag A)

4. The unit has an training regime (Flag 6) that not only provides this training during the basic qualifying course, but subsequently during ongoing training, and specifically as part of

S.l 5(1) pre deployment training. Given the this is a cornerstone skill on which great emphasis is placed.

5. The current operating policy is to hand over detainees to US authorities. Special Operations Forces in general, and in particular, are neither manned, s, 5(1) equipped, nor trained to handle the long term requirements of holding and controlling detainees.

SUMMARY

6. including forces, has a robust training regime, which deals s.I~(I) with the proper handling of detainees that is fully grounded in domestic and international law. This is an expertise that is trained on continual basis. The continued exposure of this information and our involvement in AFGHANISTAN continues to directly affect the safety and security of personnel as well as impinging on our ability to effectively conduct operations.

Prepared by: Reviewed by: Date Prepared:

LCol D.M. Day, J3 CTSO Cmdre J.Y. Forcier COS J3 29 Jan 02

SECRET CEO

D I V U L G U ~ ~ Q @ ~ L A LA1 RENSEIGNEMENTS NON CLASSIFIE-

BRIEFING NOTE FOR THE COS J3

DETAINEE HANDLING PROCEDURES s. 15(1)

s.23 Issue

1. Provide an updt on detainee related issues.

Background

3. Upon return to KANDAHAR these. detainees were handed over to US authorities, IAW prior direction and Canadian policy. Since this event authorities have regularly checked on their status and well being. US authorities have maintained the position that they will not necessarily provide a $:atus update concerning the detainees in question.

Discussion

5 . The handling of

deiainees, regardless of status, adhere to very specific and strict guidelines. Given that the detainees have been moved it is inevitable that response to subsequent questions on detainee policy, handling etc must incorporate this new information. There appears to be four options:

7 . The current operating policy is to hand over detainees to US authorities.

SECRET CEO

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- - DIVULGUE & @ R m A LA1 RENSEIGNEMENTS NON CLASSIFIES-----

SUMMARY

Prepared by: Reviewed by: Date Prepared:

SECRET CEO

Cmdre J.Y. Forcier COS J3 29 Jan 02

CLASS1 FH,. Sent: To: Subject:

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CONFIDENTIAL s. 13(l)(a) The issue of status determination for individuals captured in Afghanistan has assumed S. I~(I) real urgency as Canadian special forces have already taken prisoners, impending

deployment of Canadian Forces troops t7 to Kandahar and subsequent attention in press . and parliament.

The Canadian position is that where there is any doubt about the 3atus of detainees they must be treated in accordance with the Geneva Conventions until their status is determined by a competent tribunal. Canada holds that a detaining power cannot make a blanket determination, denying PW. status to all members of a group.

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6 Feb 02

INFORMATION ON DETAINMENT STATUS AND s. 15(1)

1. In order to clarify current CF 1 Coalition treatment and monitoring of detainees in

transferred by elements of authorities. In particular information is required on the )individuals initially detained

Specifically the following questio-ns need to be addressed: / s.15(1)

a. Confirm that authorities have visited the ketainees and - observed their treatment and the conditions in which they are being held in the

s. 15(1)

b. Ascertain the status given to these detainees by the s. 15(1)

c. What process was followed to screen individuals for detention, and what were . the criteria applied in this process. s. 13(1)

s. 15(1)

d. Confirm whether the criteria applied included those for Prisoner of War found in Art 4, 1949 Geneva Convention Ilt

f. Provide an assessment of the impact of attempting to gain access to the results of the screening process and the subsequent assessment concerning s. 15(1) individuals.

2. 1 appreciate that efforts to gain an accurate response to the above has the potential to impact your operations. Therefore, I require an assessment of the subsequent difficulties that you would anticipate facing in gaining the responses to these questions.

3. Please respond NLT 071 300 Feb 01 ZULU.

J.Y. Forcier Cmdre COS J3

SECRET (CEO)

I , UU..rll , l . l ,#*U,#I I 8 , ..m.r--11,,

ORMATION UNCLASSIF~ED - - LAI RENSEIGNEMENTS N

Chief of the Defence Staff Sous-chef d'etat-major de la Defense

National Defence Quartier general de Headquarters

UCDS CWCOS 53 la Ddfense nationale cart NO. -Ti -a7 Ottawa, Ontano Ottawa (Ontario)

K I A OK2 KIA OK2

3350-1 65lA27 (J3 lntl Coord)

{ February 2002

Distribution List

DETAINEE HANDLING CARDS

( SCANNED INTO DMCS I

Reference: B-GG-005-004lAF-003 Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning 2002-01-09.

1. The enclosed annexes provide guidance for the handling of detainees by CF personnel participating in Op APOLLO

2. The following are contained in the enclosed annexes:

,.'-=?) e-, , a. Detainee Treatment Card. This is effectively a "soldier's card"

detailing the basic rules of treatment for anv detainees taken. The card is based on the US version issued in theatre and has been -

L u to amended to reflect CF requirements. It is to be carried by all CF

,cC e+ f personnel in theatre.

b. Detainee Process. This document is a schematic designed to h 7 - c ~ ~ ~ d- --q, show the process of handover of detainees to US personnel.

a,, c c - d - Although representative of the Op APOLLO land situation, the principles can be applied for the other Op APOLLO environments

A 4 . C I. It is to be used at the Battle Group -4 &O Headquarters level, or equivalent, as an aid to the planning ,UY~ A u- C- LO,^ process. This card provides gu~dance on detainees taken in two

potential scenarios: 4 ,-

C=L- U ~ - ~ ~ - - = - J - - j ( I ) detainees are taken during the conduct of a joint mission

C C - F ~ #Q where US forces are present; and 7 i-

ci 5 LV'.<. (2) detainees are taken during the conduct of a mission where no US forces are present.

c. Commander's Aide Memoire - Action to be Taken on the Capture of Detainees. This aide rnemoire reflects the actions to be taken by

A*, 1 12

National Defense 1 + 1 Defence nationale

Annex A to 3350-1 65lA27 dated

Feb 02

I DETAINEE TREATMENT CARD

AS A MEMBER OF THE CANADIAN FORCES YOU WlLL COMPLY WITI-1 THE LAW OF ARMED CONFLICT INCLUDING THE GENEVA

CONVENTIONS.

YOU CAN AND WlLL

~ YOU CANNOT AND MUST NOT

i

a. MISTREAT, HUMILIATE OR ABUSE DETAINEES. 6 b. TAKE PERSONAL EFFECTS. 2 c. REFUSE NECESSARY MEDICAL TREATMENT.

a. DISARM DETAINEES. b. IMMEDIATELY SEARCH, REQUIRE SILENCE, AND

SEGREGATE DETAINEES. c. GUARD CAREFULLY AND TAKE TO THE PLACE DESIGNATED

BY YOUR COMMANDER.

TAGGING

1% IMPERATIVE THAT YOU PROPERLY TAG ALL DETAINEES. THE T :MUST CONTAIN, AT A MINIMUM, THE FOLLOWING INFORMATION:

a. DATErrlME OF CAPTURE 2 b. PLACE OF CAPTURE 3 c. CAPTURING UNIT

d. CIRCUMSTANCES OF CAPTURE

T* TAG SHOULD BE AS DETAILED AND THOROUGH AS POSSIBLE.

TAG USED MAY BE THE PRE-PRINTED TYPE OR CAN BE MADE OF ANY MATERIAL AVAILABLE.

> -

W", . . d -1. y ;y ., 2 -"3

I HANDLE DETAINEES FIRMLY, PROMPTLY BUT HUMANELY I I The captive in your hands must be disarmed, secured, and watched. A detainee at all

times must receive humane treatment. Any form of abuse including torture is I I prohibited. Breathing must not be impeded by covering the nose andmouth when

blindfolding detainees. I I TAKE THE DETAINEE TO A SECURE LOCATION I

As soon as possible evacuate the captive to a place of safety and interrogation by USlCoalition forces designated by your commander. Military documents and material taken from the captive are also sent to the interrogators, but the captive may keep his

personal effects, including personal protective equipment such as helmets.

1 MISTREATMENT OF ANY DETAINEE IS A CRIMINAL OFFENCE. I

I EVERYONE IS RESPONSIBLE FOR THE PERSON IN THEIR HANDS

It is both dishonorable and foolish to mistreat a detainee, it is also a punishable offense; and not even a beaten enemy will surrender if it is known capture will mean

abuse and death at the hands of the captors. The enemy will resist and make capture more costly. Fair treatment of detainees encourages the enemy to surrender.

I PROVIDE APPROPRIATE MEDICAL TREATMENT TO A DETAINEE I I The detainee is a human being and must be treated like one. I

ALL PERSONS IN YOUR HANDS, WHETHER SUSPECTS, CIVILIANS OR COMBAT CAPTIVES, MUST BE PROTECTED AGAINST VIOLENCE, INSULTS, CURIOSITY AND REPRISALS OF ANY KIND

I Show your strength by your fairness, firmness and humanity to the detainee in your hands. I

I , YY.* , I , , IU , *UI . I , I ,,I **,,*IY.-I-YI-,,I

RELEASED . UI\lDER AIA. INFORMATION UNCLASSIFIED Annex C to -_

DIVU'.GUE E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N S E I G N E M E N T S NON CLASSIFIES Feb 02

I ~ q n l ~ o y - BG ACTIONS TO BE TAKEN ON THE CAPTURE OF DETAINEES 11

I (principles apply at sea)

SqnICoy HQ 11 -11 Remarks

CF Processing of Detainees to US Collection Point

lnform BG HQ tpt reqs and

assign escort & tpt if held Log

If responsible for escort & tpt inform pi & BG HQ when dispatched Log

Assign tpt & escort if req Confirm drop offlpick up point to US Inform US HQ lnform JTFHQ Log

If responsible for escort & tpt inform p l & coy when dispatched Log COMCAPREP

MP informs PM JTFHQ PM JTFHQ informs J3 MP

MP staff prepares COMCAPREP in BG HQ

CF Immediate Handover of Detainees to US Forces

lnform BG HQ

Assign MP to US Collection Point Inform JTFHQ COMCAPREP Log

MP complete PW Capture Tag at Collection Point Report back to BG HQ MP reporting as above


CHIEF OF STAFF J3 CHEF D'~TAT-MAJOR J3

i r

1 - -:jsw.

XXXXX (J3 MP)

Feb 02

DCDS

OP APOLLO - DETAINEE HANDLING DOCUMENTS

Ref: B-GG-005-04/AF-003-Interim

1. Due to the complexities of the situation covering the status of hostile personnel captured by CF in Afghanistan, DND direction to those deploying is required. Enclosed for your approval are documents concerning the handling of detainees by CF in Afghanistan.

2. The documents attached are:

a. Detainee Treatment Card. This is effectively a "soldier's card" detailing the basic rules of treatment for any detainees taken. The card is based on the US version issued in theatre and has been amended to reflect CF requirements. It is to be carried by all CF personnel in theatre.

b. Op Apollo Afahanistan Detainee Process. This document is a schematic designed to show the process of handover of detainees to US personnel. It is to be used at BG HQ level as an aid to the planning process.

c. Action to be Taken on the Capture of Detainees. This aide memoire reflects the actions to be taken by CF personnel engaged in operations likely to facilitate the capture of hostile personnel. It should be carried by all CF personnel engaged in such activities.

4. The documents enclosed complement the new PW doctrine (ref) and are compliant with the Geneva Conventions (GCs) and Additional Protocol 1 to the GCs. I recommend your approval of the enclosed documents for issue to CF in theatre.

J.Y. Forcier Cmdre COS J3

Enclosure: 3

Approved / Not approved

G.R. Maddisorl VAdm DCDS


I DETAINEE TREATMENT CARD

I THE ENEMY IN YOUR HANDS

I AS A MEMBER OF THE US MILITARY FORCES YOU WlLL COMPLY WITH THE GENEVA CONVENTIONS OF 1949 TO WHICH YOUR COUNTRY IS BOUND.

YOU CAN AND WlLL

I DISARM DETAINEES - IMMEDIATELY SEARCH, REQUIRE SILENCE, AND SEGREGATE DETAINEES. GUARD CAREFULLY AND TAKE TO THE PLACE DESIGNATED BY YOUR COMMANDER.

I YOU CANNOT AND MUST NOT

I MISTREAT, HUMILIATE OR DEGRADE DETAINEES - TAKE PERSONAL EFFECTS - REFUSE NECESSARY MEDICAL TREATMENT.

TAGGING

IT IS IMPERATIVE THAT YOU PROPERLY TAG ALL DETAINEES. THE TAG MUST CONTAIN AT A MINIMUM, THE FOLLOWING INFORMATION: - DATEITIME OF CAPTURE - PLACE OF CAPTURE - CAPTURING UNIT - CIRCUMSTANCES OF CAPTURE

1 BE AS DETAILED AND THOROUGH AS POSSIBLE.

DETAINEE TREATMENT CARD

THE ENEMY IN YOUR HANDS

1. HANDLE HIM FIRMLY, PROMPTLY BUT HUMANELY.

The captive in your hands must be disarmed, secured, and watched. But he must also be treated at all times as a human being. He must not be tortured, killed, mutilated, or degraded, even if he refuses to talk. Breathing must not be impeded by covering the nose and mouth when blindfolding detainees.

2. TAKE THE CAPTIVE QUICKLY TO SECURITY.

As soon as possible evacuate the captive to a place of safety and interrogation by US forces designated by your commander. Military documents and material taken from the captive are also sent to the interrogators, but the captive may keep his personal equipment.

3. MISTREATMENT OF ANY CAPTIVE IS A CRIMINAL OFFENSE. EVERYONE IS RESPONSIBLE FOR THE ENEMY IN THEIR HANDS.

It is both dishonorable and foolish to mistreat a captive, it is also a punishable offense, and not even a beaten enemy will surrender if he knows his captors will torture or kill him. He will resist and make his capture more costly. Fair treatment of captives encourages the enemy to surrender.

4. TREAT THE SICK AND WOUNDED CAPTIVE AS BEST YOU CAN.

The captive saved may be an intelligence source. In any case, he is a human being and must be treated like one. He who ignores the sick and wounded degrades his uniform.

Leave punishment to the courts and judges. Show your strength by your fairness, firmness and humanity to the captives in your hands.

L

ACTIONS TO BE TAKEN ON THE CAPTURE OF DETAINEES: TplPI (principles apply at sea)

Individual 1) Sect Comd )I TplPI Comd


Disarm 01 Aid if nec .Inform immediate Comd

Pass over to guard Inform Sect 'Omd as as practicable Of capture

CF lmmediate

ACTIONS TO BE TAKEN ON THE CAPTURE OF DETAINEES: SqnICoy - BG (principles apply at sea)

SqnICoy HQ 11 BG HQ )I Remarks


lnform BG HQ Confirm tpt reqs and assign escort & tpt if held Log

If responsible for escort & tpt inform pl & BG HQ when dispatched Log

CF lmmediate

Disarm

.Inform immediate Comd

.Assign immediate guard

.Secure - Plasticuffl blindfold if nec IAW ROE

.PW Capture Tag (DND 1361 [7-801) if possible

.pass to PI guard

.Inform PI Comd

Handover of Detainees

I

lnform SqnICoy HQ Confirm nos. Confirm tpt req Assign pl guard (res. sect)

PW Capture Tag if not already tagged Capture Report Guard

to US Forces

Assign tpt & escort if req Confirm drop offlpick up point to US Inform US HQ Inform JTFHQ Log

If responsible for escort & tpt inform pl & coy when dispatched Log COMCAPREP

Handover of Detainees

Assign MP to US Collection Point Inform JTFHQ COMCAPREP Log

MP informs PM JTFHQ PM JTFHQ informs J3 MP

Mp Staff prepares COMCAPREP in BG HQ

to US Forces

MP complete PW Capture Tag at Collection Point Report back to BG HQ MP reporting as above

1" 'Aid if nec Inform Sect Comd Complete PW Capture Tag Boxes 1,8, 9,10 "tndover to

Inform PI Comd

Inform Coy HQ lnform BG HQ

ACTIONS TO BE TAKEN ON THE CAPTURE OF DETAINEES: TplPl ACTIONS TO BE TAKEN ON THE CAPTURE OF DETAINEES: SqnlCoy - (principles apply at sea) BG (principles apply at sea)

Individual 11 Sect Comd 11 TplPl Comd

CF Processing of Detainees to US Collection Point CF Processing of Detainees to US Collection Point

'Onfirm tpt reqs offlpick up point to JTFHQ and assign escort . lnform immediate & tpt if held

PM JTFHQ informs Comd Inform US HQ J3 MP

lnform JTFHQ

blindfold if nec IAW

PW Capture Tag . Capture Report practicable of (DND 1361 [7-801) if . HQ

capture possible Pass to PI guard

. COMCAPREP . Inform PI Comd

CF Immediate Handover of Detainees to US Forces CF Immediate Handover of Detainees to US Forces

Collection Point Collection Point . Complete PW Inform PI Comd Inform Coy HQ Inform BG HQ . COMCAPREP Capture Tag Boxes 1,8,9,10 MP reporting as Handover to US above

- OP APOLLO AFGHANISTAN DETAINEE PROCESS rn cn

MANDATORY PARTS OF PW TAG

CAPTURE REPORT

COMCAPREP P US PW COLLECTION POINTICAMP

RELEASED WBm 1.1 1 , ' . 1 . l ~ 1 3 ~ ~ & ~ ~ & ~ t 1613 395 573'7 T(3 3322390 ~{/!7/2G82 LIE:== ~ A J yzd ~r - 7 -4, d *

DIVUC~UE EN VERTU DE LA LA1 RENSEIGNEMENTS NON Cl' SSIFI&S~ k - . - -

! s 3 =

- 4

~rterna:isnal Corn~~; ; tze 27 ;ne Red Cross 2-36 ssnrsy lvz~ .a A v e n ~ z Ncrtb West, S L I : ~ 545 LLash,rgts- CC 2C027 b SA

- : rank ycd 'cr your ist!?~, ~ace ivea OP Ma:ci 7 , 2002, re.estqng tnzi C a n z d ~ il?!lfy i b ~ ]n:2rpz:,crzl C c ~ r i C s z ~i tP,e R e c r o s s cf persons cz;;:uied *n c o n r , , ~ ~ ~ I ~ n lclit? ;ne Aqghan;s:a;: corlflict.

adds RELEASED UMMB~'&~NWW&TIW~J~JIWBI~~~E?~C~~~~I~ 535 573; TC 992333 --- - - - - F. 3: L3': 5.'. ,. ' C"LL -- - --


t

I h3ve tzken the liberty of fohvarding t copy of )lour l e f ~ r and my response to Canact's M~nister c~i Fore~gn AFTalrs, the i-tanourab:e Bill Graham, for his iniornatior..

Once again, t hank you far y c u r letter,

cc: Ti;? i;ono~racle 5;;: G r a k a n , P.C., A4.F

- DIVU.LGUE'EN Vm/A6&,wAfENSElGNEMENTS NON CLASSIFIES

[ j May 02

Dist List

REQUEST FOR CLARIFICATION REGARDING DETAINEE INFORMATION PASSED TO ICRC

Ref: 3450-1 (D PK Pol 6) dated 13 May 02

1. The following is provided in response to DFAIT's request for additional information concerning the detainees captured by CF personnel on

2. The detainees were in apparent good health on capture and their condition had not changed when they were handed over to US authorities on arrival in Kandahar later on -. The individuals in question were in Canadian custody only for a matter of hours and no further information beyond nationality, name and ethic background was provided to CF personnel.

3. It is our intention to pass on all available information regarding detainees. In this c a y , no other information was available.

&J.Y. Forcier Cmdre COS J3

Dist List

Action

D PK Pol

l nfo

DGIS(Po1) JAG

CONFIDENTIAL

DIVULGUE' EN VERTU DE LA LAI RENSEIGNEMENTS NON CLASSIFIES CONFIDENTIAL

MEMORANDUM

3450- 1 (D PK Pol 6)

3 May 2002

Dist List

REQUEST FOR CLARIFICATION REGARDING DETAINEE INFORMATION PASSED TO ICRC

s. 15(1)

Ref:

1. In his letter to the ICRC, dated 10 Apr 02, the MND agreed that Canada would provide "to the best of our ability, any reasonably available information relating to any persons captured and transferred to another national authority". This information was to include the detainee's name, date of birth and other similar personal information as envisaged in Articles 122 and 123 of the Third Geneva Convention.

2. Information pertaining to the persons detained by CF elements on : (received at ref.) was passed to DFAITIIDR and JLAH for onward transmission to ICRC headquarters in Geneva. This information included the detainees' names, nationality and ethnic background and identification serial numbers. Subsequently, DPK Pol has received a request for clarification from DFAIT with respect to why certain other pieces of information were not provided. These would include the following: place and full date of birth, first name of father, maiden name of mother, name and address of next of kin, date of transfer to US custody, physical condition upon capture and physical condition upon transfer.

3. I request your assistance in preparing a response to DFAIT's query that would take into account the CF's inherent ability to obtain further information regarding the

detainees and any other impediments to providing further information to DFAIT for onward transmission to the ICRC. Corri Barr, DPK Pol 6, is my OPI for this task; she can be reached at 996-1741.

G. ca tc Col DPK Pol 992- 1872

112 CONFIDENTIAL

DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON CLASSIFIES CONFIDENTIAL

Distribution

Action

COS J3

Information

DGIS (Pol) JAG

212 CONFIDENTIAL

* , t - U I I I I I I

RELEASED UNDER A'IA. INFORMATION UNCLASSIFIEE*""' - DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON

From: . . - . . - - . . - . . - . - - - - ~ n t : Wednesday, June 19,2002 10:56 AM 3: s. 15(1)

Cc: . - - Subject: '(I) ~ e t a ~ n e e lniormation

PROTECTFQ

For Action For Info

During CF operations on 15 Afghan nationals were detained and transported to US detention facilities for preliminary screening. The majority were released on completion of the screening, however, individuals detained by CF personnel remain in US custody. No personal information is available on the released shortly after being detained.

The available information on the detainees still in US custody is as follows (including names, citizenship, and Identification Serial Numbers):

The detainees were in apparent good health on capture and their condition had not changed when they were transferred to US authorities upon arrival in Kandahar on 24 May 02. The individuals in question were in Canadian custody for only a matter of hours and no information beyond the above details was provided to CF personnel by US authorities.

This information is provided for onward transmission to the ICRC in Geneva. This is in line with the undertaking MND outlined in his 10 April letter to (ICRC NA delegate). It remains our intention to pass on all reasonably ,railable information regarding detainees. In this case, no other information is known.

Drafted by: Corri Barr, DPK Pol 6, 996-1 741 Director: Col G. Cdte, DPK Pol

SECRET

1IW. I ,,I"*,,.,* , I I d U - l I . RELEASED UNDER A ~ A . INFORMATION UNCLASSIFIED

CONFIDENTIAL DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON CLASSIFIES

s. 15(1) /1/ Jun 02

s. 19(1) Distr List

REQUEST FOR FORWARDING- DETAINEE INFORMATION TO BE PASSED TO ICRC

Ref: MND letter to ICRC dated 10 Apr 02

1. The following is provided for forwarding to the ICRC through DFAlT as agreed at ref.

2. During CF operations Afghan nationals were detained and transported to US detention facilities for preliminary screening. The majority were released on completion of the screening however individuals detained by CF personnel remain in US custody. No personal information is available on the released shortly after being detained.

3. The personal details known on the detainees still in U.S. custody are as follows:

4. The detainees were in apparent good health on capture and their condition had not changed when they were handed over to US authorities on arrival in Kandahar

!. The individuals in question were in Canadian custody for only a matter of hours and no further information beyond the above details was provided to CF personnel by US authorities.

5. It remains our intention to pass on all available information regarding detainees In this parficular case, no other information is known.

Lf>d J. . Gauvin , /;oL r F

Cmdre x p ~ t

COS J3 I

/ Distr List (Page 2)

CONFIDENTIAL

TAV DETAILED OBSERVATIONS s. 15(1) s.21 (l)(a)

iDATES 20-21 JUN 021 s.21 (l)(b)

dated -Jun-- 2001 m fi A --I A c 2- n_ ?

s.21 (I j(c) rn - z j Theatre: I OPERATION: ( MP UNIT: 1 CAD assets ( CO: Capt Piper - MP G T -1 0

- ~

POLICE OPS

I Camp Kandahar, Afghanistan I OP Apollo

Present status of civil authority. -I----

I Capt ~ a c ~ a c h e r n - NIS 1 ' A 2: g

Present status of Civpol relations 1 Problems outside the Camp involving Canadians will have to he handled on a case by case basis.

Subiect Comment I Observations I l m ~ a c t Action Taken d 3

and should consist of a minimum individuals

L 4 z

will be handled with the assistance of the legal officer and designated authorities

\

Legal officer will be available to resolve any given situation 1

I

I I I

Requirement for NIS on call from / Essential to have people I Any investigations conducted I NIS must always be prepared 1 I Canada. I available on short notice to 1 by the NIS may require I to deploy personnel on short 1

I deploy when required I additional resources I notice 1 I

I I I I

/ Patroll~ng policy Camp : MP are primarily Adequate manpower is Nil i conducting access control to the available I

Criminal intelligence

I I

r Police Support to War Crimes

Specialist equipment: NIS must deploy in theatre with the necessary equipment to handle normal cases of War Crimes

is mandated to gather info on Criminal Intelligence

Investigators: Any incidents related to War Crimes will be handled by the NIS

Current kit taken in theatre is appropriate

Tactical Role

In the event of complex cases there will be a need to provide additional resources to secure the crime scene until the required experts can

The NIS was able to deploy be dispatched

the NIS

In the event that the CF will be involved in War Crimes it is likely that additional resources will be required.

should deploy and be readily available to the BG commander

The CF will require forensic assistance to properly conduct War Crimes investigations.

Procedures must be in place to dispatch any additional 4 experts that may be required ,

I

NIS personnel deployed must? be trained in the handling of War Crimes cases a

3 @

The tactical role of the NIS when deployed must be 1 developed !

i

- C I J

s.15(1) s.21 (l)(a)s.21 ( l ) (bk.21 (l)(c) 7 . c . [Keatre: I OPERATION: I MP UNIT: 1 CAD assets I CO: C a ~ t P i ~ e r - MP / Camp Kandahar, Afghanistan I OP Apollo I Capt ~ k ~ a ' c h e r n - NIS

adequately armed was available from the BG if required z

Non-lethal: Handcuffed and Equipment is sufficient None None Ci I i

q r l

I pepper spray rn' -I

HN Police support I Nil

t L Subject

Local political/religious sens~t~vities requiring MP

i5 ;ni

i I I I I 4; Impact

I I I

Key MP responsibilities I Access control to Canadian I i

Comment Action Taken

2i Personnel deployed normally receive cultural briefings to be

I I I I

Coverage c

Observations

?I

Emergency - blue light

camp Jurisdiction limited to the Canadian Camp proper

Any situation involving CF personnel outside the Canadian camp would require negotiation on a case by case basis with the

OPS C2 BG CO I

Available friendly organisations

Mandatory requirement to readily have access to an interpreter

US Forces I

Liaison Medical

EOD Helicopter

Nil CF wersonnel

i

j i. - -

CF personnel

applicable authorities Nil

+ j ! 1

Recovery

I

j I

CF j 1

- L

1 Theatre: I OPERATION: ( MP UNIT: 1 CAD assets 1 CO: Capt Piper - MP b & m. q,

1 Camp Kandahar, Afghanistan I OP Apollo I Capt ~ a c ~ a c h e r n - NIS z Comment Observations

Engr CF r

C I Police .Audit (see Conducted by PM JTFSWA - I I

separate report if required) r:

1

SECURITY OPS Threat environment I Terrorist I Varies bw High and Medium I No incident which had an

impact on the Camp was reported

Sabotage Nil Espionage Protest

HN provisions

I Links with criminal oras I

Nil Nil

I Nil

1

I

Perimeter security I Nil 4 ;

I I I I Defensive securitv I Nil Access control I Nil Screening of local vendors Response force

I

Equipment Fencing and lighting

I I I

1 I Reliabilitv I Good

Nil Nil Nil Yes

Weapons

I

t

Unk i

I 1

Aircraft Nil Perimeters See airfield Buildings

OPERATIONAL SUPPOI Mobility Support

Support

Threat to movement I Nil I Traffic control duties I Nil Route details I Nil Major critical points I Nil 1

Driving conditions were extremely poor and dangerous since the AOR

incarceration facilities.

Major road moves Routine movement

I Regular reminders of safety 1 precautions to take when 1

Nil

driving [

any PWs. I Answerability & Accountability Application to Policy on Critical to maintain accurate PW Advisor to BG CO 0

Prisoners of War, Detainees, records responsible to ensure policy z I Interrogation and Tactical is adhered to c

1- 004lAF-003 0 s o 6 F %

Questioning IAW B-GG-005- a z


JTFSWA SOP Number ? - PRISONER OF WARIDET4INEE OPERATIONS

Refs: '4. Geneva Conventions and Additional Protocols B. B-GG-005-004lFP-003 Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning C. Canadian Forces Code of Conduct D. B-GL-352-00 1 IFP-00 1 Land Force Tactical Aide-Memoire Military Police Insert E. QR&O Vo14 Appendix 1.5 Prisoner of War Status Determination Regulations F. Annex AD to (JTFSWA Orders) G. STANAG 2044

PART 1 - GENERAL

1. The purpose of this SOP is to ensure a consistent application of the rules and procedures surrounding the handling of detainees and prisoners of war (PW).

2. This SOP has been divided into seven parts providing essential information unit COs and unit personnel require. This information contain herein is derived from references A to C. Orders promulgated by the Comd JTFSWA will provide specific direction required by COs to complete the evacuation process of DetaineesIPW.

3. The Geneva Convention applies at all times.

PART 2 - DETAINEEfPW TREATMENT

4. The CF Code of Conduct (ref D) provides guidance to all persons on the treatment of DetaineesIPW. The fundamental rules for the treatment of PW are:

a. they must be treated humanely and honorably;

b. any discrimination on the ground of race, nationality, religious belief or political opinions is unlawful; and

c. reprisals against them are prohibited.

5. All detainees, whether they are granted the PW status or not, shall be provided treatment required by the Geneva Conventions whilst in the custody of CF personnel.

PART 3 - CAPTURE OF DETAINEEIPW

6 . These procedures apply to all levels of DetaineeIPW collection. Essential steps are:

a. Disarm DetaineeJPW;

b. Search them thoroughly;

(1) Remove all articles, personal and military that can be used by DetaineeIPW to injure himself or others or that may assist with his escape or communicate with other DetaineeslPW. Enter items removed on the DetaineesJPW Personnel Records found at Annex C. When absolutely necessary, DetaineesIPW might be blindfolded and their bootlshoe laces removed, if they will not be marching. Do not remove:

(a) steel helmet, respirators, uniform and equipment, ground sheets, identity tokens, badges of rank, watches and jewelry or cigarette cases; and

JTFSWA SOP ? - 1/15

RELEASED UNDER A l ~ . INFORMATION UNCLASSIFPE~"* '


(b) when a large sun1 of' money is found it will be removed, marked; and handed in to the field cashier with a receipt given to the DetaineeiPW:

C. Immediate segregation on arrival;

(1) Count DetaineeIPW by officers, NCM, civilian and keep positive control of them at all times;

(2) Do not permit any talking amongst DetaineeIPW

(3) Form up DetaineesIPW by rank depending on no and available space. Ranks should be 4m apart;

d. If required, handcuff DetaineeIPW using plastic ties;

e. DetaineesIPW will be identified with a DetaineesiPW tag as shown at Annex B. Part A must be on the DetaineeslPW, ideally attached to the body with a plastic tie. Part B is held by the escorts and Part C is attached to the DetaineesIPW property;

f. March and/or transport the DetaineeIPW to the collection point; and

g . Arrange for immediate treatment of wounded DetaineeiPWs.

7. Detainee Treatment Card. Annex G has been prepared to provide CF personnel with a quick reference card as to their responsibilities in the handling of DetaineeIPW.

8. Searches. DetaineesIPW will only be searched by persons of the same sex. DetaineesIPW may only be searched by a guard of the opposite sex when such search is necessary for security reasons.

9. Mechanical Restraints. Will only be used if necessary andlor when moving DetaineesIPW out of the to the Detention Facility. Handcuffs or plastic ties will only be used on troublesome DetaineesIPW and will be removed when the DetaineesIPW has settled down and it is safe to do so. Plastic ties will only be used when wire cutters are readily available to cut the DetaineesIPW free in event of restricted circulation.

10. FeedingIProvision. DetaineesIPW will be given a drink of water at least every six hr within the first 24 hr and a plain meal within 12 hr of capture. DetaineesIPW are held for longer than 24 hr will be provided food and water on the same scale as CF personnel. The CO shall ensure DetaineesIPWs are provided food and water in accordance with this order and that the times are properly noted for hture reference.

1 1. Organization. It may be necessary for DetaineesiPW NCOs or officers to organize their soldiers if large numbers of DetaineesIPW have been captured. Guards, interpreters, medical staff and cooks will be required if the DetaineesIPW are not evacuated early.

12. Wounded DetaineestPW. Evacuation through normal medical channels and become the responsibility of the medical services. DetaineeslPW will be provided the same care as allied wounded but will be kept segregated if possible.

13. DetaineeIPW Holding Facilities. In most instances, arrangements for prompt evacuations of DetaineedPW will have be established and units will not require permanent or semi-permanent holding facilities. The evacuation process should commence immediately after the status of the detainee has been confirmed and approved by the CO. In some instances, it may be required to hold the detainees1PW until

JTFSWA SOP ? - 211 5


escorts can be arranged for the evactiation. In those instances, the following temporary facilities may be required:

a. Any suitable structure or clearing that will allow orderly collection and prevent escape. If a building, room, or office area is not available, defensive stores may be used to marank an area or construct an austere facility. A mod type 1 catwire fence can be used to construct an exterior fence and a partition between officers and NCMs; or

b. Constructed in a keyhole shape, which provides a search area at the entrance. The main DetaineesiPW holding area is divided into at least two segregation pens (officers/NCM). Protection and sanitation must be considered as these collection points are still relatively well fwd in the combat zone.

14. Two persons, preferably MP, are capable of supervising DetaineeiPW for twelve hours.

PART 4 - STATUS DETERMINATION

15. Not all persons falling into the hands of the CF become PW or are entitled to PW status. Article 7 of ref A makes it mandatory that COs screen Detainees/PW to determine their status. To assist COs, the Detainee Status Checklist at Annex A has been developed. Individuals capturing DetaineesiPW must complete this Annex and seek the COs decision on each captured persons status. If any doubt arises about a captured persons status, the CO will grant the PW status until such time as a proper tribunal established under the Geneva Convention Part 111 can determine the correct status. This tribunal, if deemed required by a CO, would be ordered by the Comd JTFSWA iaw para 7 of ref E and ref B.

16. Apart from uniformed combatants, the five categories of pers who may be entitled to claim PW status are:

a. Members of the armed forces of a party to the conflict (other than med pers and chaplains).

b. Members of militias, volunteer corps or organized resistance group, belonging to a party to the conflict and operating in or outside their own territory provided that:

(1) they are commanded by a pers responsible for them as subordinates;

(2) they have a fixed, distinctive sign recognizable at a distance;

(3) they carry their arms openly; and

(4) they conduct their ops in accordance with laws of armed conflict (LOAC).

c. Those who accompany the armed forces without actually being members thereof (e.g. civilian members of military ac crews, war correspondents, supply contractors, members of labour units or of service responsible for the welfare of the armed forces which they accompany). An identity card is reqr to be provided to those pers to ensure PW status is given.

d. Members of crews, including masters, pilot and apprentices, of the merchant marine and the crew of civilian aircraft of the parties to the conflict, who do not benefit by more favorable treatment under any other provisions of international law.

e. Levee en masse, i.e. inhabitants of a non-occupied territory, who on the approach of the en spontaneously take up arms to resist the invading forces, without having had time to

JTFS\;IrA SOP ? - 311 5


form themselves into regular armed units, provided they carry arms openly and comply with LOAC.

17. Status of Captured Med and Religious Pers. Med pers and chaplains who fall into en hands do not become PW but, until they are returned, are to be treated in accordance with the provisions of the Geneva Convention 111. They must be treated as PW and be provided with all necessary medical facilities to care for their own PW. PW who are medically qualified but not attached to the med branch of their own forces may be reqr by the Detaining Power to ex their med functions on behalf of PW. Although prisoners, they are to be treated as other med pers and are exempt from any other work.

PART 5 - DOCUMENTATION AND REPORTING

1 8. The following reports must be prepared:

a. PW will be identified with a DetaineesIPW tag as shown at Annex B;

b. Detainee Status Checklist at Annex A;

c. The DetaineesIPW Pers Records. An example is found at Annex C;

d. The Common Capture Report should be prepared as per Annex D;

e. A DetaineesIPWlCivilian Internee Status Report included at Annex E will be sent daily;

f. A Capture Card for DetaineesiPW included at Annex F; and

g. Reports to the CF (Prisoner of War Identification Bureau (PWIB) are provided by the JTFSWA J I ; and

h. Reports to the PWIB are provided by the CF PWIB.

19. Individuals granted PW Status by a unit CO must be provided with the Summary of Geneva Conventions Briefing to found at Annex F;

PART 6 - DETAINEERW EVACUATION

20. COs are responsible to ensure they establish procedures to evacuate DetaineeIPW. Normally, a collection point is established near unit operation or within a designated area within the unit. Subsequently, detainees1PW shall be evacuated, without delay, to approved DetentiodPW facilities.

2 1. DetaineesIPW will be evacuated from the point of capture to the nearest CA MP or, when authorize by the Comd JTFSWA, to coalition MP or Detention Unit. Ref F will list approved DetentiodPW facilities where captured DetaineesIPW will be escorted. MP should conduct escorts when possible.

PART 7 - CIVILIAN CUSTODY OPERATIONS

22. Persons captured or detained by the CF for a criminal act who does not meet criteria to be designated as DetaineesiPW will be detained and evacuated in accordance with the local Camp Commandants orders provide adequate treatments is guaranteed.

23. Transfer to inust occur soonest. Generally, civilians in custody for criminal acts will:

a. be afforded the same rights, privileges and protection as PW;

JTFSWA SOP ? - 4/15


b. will only be held by the CF:

(1) until the threat or action that led to their detention ceases to be of concern, or

(2) international transfer to the concerned civilian authority can be properly effected; and

c. be turned over immediately to supporting CF MP, or coalition MP when approved by the JTFSWA Comd, for processing and subsequent evacuation through MP channels.

24. Direction on the disposition and international transfer of civilian in custody to hostlforeign national authority will be provided in ref F.

25. Transfers of detainees having committed a criminal act shall not be approved by the CO in the following circumstances:

a. civilian may be liable to unreasonable corporal punishment or death by civilian auth, potentially exceeding local established law or international agreements;

b. government officials fail to honor legal agreements with the CFI government regarding the safeguarding of pers turned over for criminallother offences;

c. the credibility of local auth is questionable with regard to their legal status, past history or political instability; or

d. there is no legally recognized national govt.

OPI - JTFSWA PM

ANNEXES

Annex A - Detainee Status Determination Checklist

Annex B - PW Tag

Annex C - DetaineesIPW Pers Records

Annex D - Common Capture Report

Annex E - DetaineesIPWlCivilian Internee Status Report

Annex F - Summary of Geneva Conventions Briefing

Annex G - Detainee Treatment Card

JTf;SWA SOI' ? - 5/15


ANNEX A - DETAINEE STATUS DETERMINATION CHECKLIST

JTFSWA SO]' ? - 611 5

1

2

3

4

5

QUESTION

Does the detainee have distinctive military signs?

Did the detainee carry weapons openly?

Does a superior command the detainee?

Was the detainee accompanying a military force that meets the requirement of para 1,2 and 3?

Was the detainee accompanying a military force that meets the requirement of para 1,2 and 3?

Y ES/NO NOTE

To be granted the status of PW, all 3 of these requirements must be met.


ANX B - PW TAG

/ ATTACH TO PW \ / PART A

\ I CAPTURE SEA NO OF TAG

DTG OF CAPTURE

LOC OF CAPTURE

PW NAME

PW RANK

PW SN

PW DOB

PW NATIONALITY

POWER SERVED BY PW

CAPTURING UNlT

PART C ATTACHED TO EQUIPMENT OR DOCS YES 1

COMMENTS OR REMARKS ON REVERSE OF PART B YES / NO

PART B

CAPTURE SER NO OF TAG

DTG OF CAPTURE

LOG OF CAPTURE

PW NAME

PW RANK

PW SN

PW DOB

PW NATIONALITY

POWER SERVED BY PW

CAPTURING UNlT

PART C

CAPTURE SER NO OF TAG

DTG OF CAPTURE

LOC OF CAPTURE

PW NAME

PW RANK

PW SN

PW DOB

PW NATIONALITY

POWER SERVED BY PW

CAPTURING UNlT

I REMARANKS: I INCLUDE ANY INFO WHICH MAY ASSIST THE INT EFFORT, E.G., CIRCUMSTANCES OF CAPTURE. ASSOCIATED PW CAPTURED AT THE SAME TIMWLOC, PW UNIT, ETC.

ADD COMMENTS OR REMARKS, AS REQR.

PERFORATION)

(Reinforced Section)

ATT TO PW EQUIPMENT OR DOCS

ENSURE ALL DOCSIEQUIPMENT ARE SECUR IN ONE PACKAGE MARKED WITH X IN BOX BELOW, IF, OF PARTICULAR INT IMPORTANCE.


ANNEX C -- DETAINEES/PW PERSONNEL RECORD

EXAiMPLE PRISONER OF WAR PERqlINWEL RECORD

JTFSWA SOP ? - 8/15


----

------- ,.

. --+ IPSrERbdUEIVT S F l t R L NUMmtr"

33 MEMCAL WEWRDB a IMMUKIIUTION &ac:erpratlm and 1mrai4Xions) - WlTN ME3

DEFECTS - WiTM DATES

c. &$ITSE)&QMP --- S IWRWtsNT EMROYMEM QUALIFICAT)QXI ---- i

L I X -.& II%L--

38 SPlOU3 OFFENCES, PUNISHMENTS dBJD F;SeA&ES - WETW DATES I - - --7

f a= RE;aSyX( 1 i

- , . .., ,

e?, mE e . W"E -- ~~

'-

--------I mmw-..-

FkNANCIAL STATUS AT 3ME OF WEPAT R1ATIDN -- - <-- a CERTIFGATE M; C%Cld"F EIAUKE I b P-%G;$hT 'hJ FIGUS%

'1 1

lSSUED TO PW lhouna m uuord-ds) I i -. -,- ~--- --

i " -4

e LQCA G DATE f --"A- --

,,, --A ---

JTFSWA SOP '! - 9/ 15


'rvtffE E m IS OROGWa, GREEN COPY 18 OdPr~tG.w?%; ---. " "-- A"--

PAKT lid - TO BE COMPl-ETED AT Tt1V.E W iJ-f SSiwG

f '?a LAST M&ME fae FkRIS"Y NAMES 1 % G W E m Y K 14 E h E W SEE'&EE ~2 I 'I B

7 DATE CX GAWbFE 7 i

NOTE: According to the Geneva Canventian, a PW may only be required tirpive his surname, first name and rank,daie i3f birth and senrice t~urnber.

liNSTIREfCTIONS FOR THE PREPAMT1CfN OF TilE W;5' PEWONNEL KEC'OKD

1. Paras I and If of the Prisoner of War Bcr~2nnet Recurd s r s t ~ r he preparcd in duplicate, using [he white copy as r he origr~al and ahe grccn as tht. duplicate.

2. a a y p e ~ ~ i ~ c r is to be used whcnewr passihlc; failing chis. the ft3r-m

is lr3 be c~~rnpiled in hlt~ck: lctters by hand.

7 All parts of the green copy are tcr br: f c ~ ~ a r d c d to the Pri~sner 06: War Information Bureau, if esiahlished. If rriit, arrangements shoaid k made through Red Crass crr andher a$?prilprialt. organisation.

4. Parts I an$ II of the whits: copy are ti1 tlcctsmpatiq- flab Phi" a hrc~ughr~ut his in! crnmmncnt, including baading aver between aflicd p$l\\8crs*

JTFSWA SO]' '! - 10115


( CAPTURE CARD FOR PRISOMER OF WAR

CAP7UWE CARD FBR PFf&?3NER OF WAR I

WPQRT&T t

1

2. Name 3. Firsl miles (11) l ~ l i j 4 h r s ! t&x-+eeiMhe* :

j 5. &?a al birlPr ................................ ti. f21ace ar brtth ...- -...-......,-. --..-,...,-.*,..

. (. WBW ............ .A,=8.&..-. .................................................. ' ' e * U ' S ' * . - . - , - - , . . .a ,<, ,.-*?

R. SCMCC numbor ...,-,.,.,.,..,,.,..v.,.,~,.~~, ~ ~ - t . . . t . , , , , , ,,.,,,,,,,,, ,,,,,.,.,,,,,,

. ...... 5 Addrew d newt ol Mil ....,...-...-.. ....,,......-....-...........-....-..-.............-.

L

'2 0. Taken pnm?e. 07. (OI'

C~nir ' ty !run9 (6;rrw No., !?oapildl, elc: ....--....-.............-.----...-.....-.-- ' r q , :ill G P O ~ hcdltq - {Dl t.lOt.#t~dP%kSd - {c) R ~ o ~ i ~ 9 6 - (8) C W ~ + % ~ ? ~ I * .

(0, :qi3-4 , f i Sll~Mly brfltrndrtd (Q; &nreoilxly wwrnrlari

JTFSWA SOP ? - 1 1!15


ANNEX D - COMIVION CAPTZiRE REPORT (COMCAPREP)

1 . I'urpose. To report the capture of en PW, CED and/or CEE:

A

B C

D

E

F

NOTES

G

H

1. If different from the msg originator. 2 PWs are assumed to be males, this set should be repeated - e.g. DD - for female PWs.

1 2

3

4

1

2

3

4

1

3. Incl supporting civilian. 4. Incl the dir in which the PWs were heading if on the move.

Capturing unit designator (1)

Date-Time Group (DTG) of capture Loc of capture

Numbers of PWs by rank category (2) Officers

Non-Commissioned Officers (NCOs)

Other Ranks (ORs) Civilians (3)

Wounded PWs by casualty typelcategory

TYPe(s)

Stretcher

Sitting Walking Document(s)

2

3

1

2

3

1

JTFSWA SOP ? - 12/15

Quantity

Nationality of origin Category - book, codes, chart, letter, map, etc

Equipment(s)

Type(s)

Quantity Markings Points of interest, e . 7 a. Circumstances of capture (4) b. Evacuation intentions - where, when and by what means,

--

,. 0 ,

RELEASED UNDER A'IA. INFORMATION U N C L A S S ~ F ~ ~ " C ~ ~ ~ " " '


ANNEX E - DEThlNEESIPWlCIVILIAN INTERNEE STATUS REPORT

F T w W - - - 1

a. MILITARY POPULATION: (FOR EACH OF THE FOLLOWING CATEGORIES, LIST IN ORDER: TOTAL AT START OF PERIOD AND TOTAL RECEIVED DURING THE PERIOD - DISTINGUISH BY RESPONSIBLE NATION)

(1)

(a)

OFFR

MALE

(b)

(2)

(a)

FEMALE

NCO

MALE

(b) FEMALE

(3) OTHER

(a)

(b)

2.

MALE

FEMALE

INT

a.

3.

(no of pers by each category delivered to and received from int channels)

MED: (no of pers by each category transferred to and received from med channels)

4. DESERTERS: (spec handling and noteworthy data)

5.

Notes t

CIVILIAN INTERNEE: (as per para 1 and indicate if internees have inte or political info that could impact on the combat msn)

6.

Freq of Report: Daily as at 0001 hr (zulu) to JTFSWA PM.

Reporting Means: TITAN.

RETAINED PERS: (as per para 1 and indicate what specific critical skill the pers has, which justifies the status)

I

Secur Classification: Confidential or higher based on content.

JTFSW4 SOP ? - 13/15


.4NNEX F - SUMMARY OF GENEVA CONVENTIONS BRIEFING

This briefing is only to be given to detainees that have been given the status of Prisoner of War by the unit CO.

Pertinent Articles of I11 Convention

1. The purpose of the Geneva Conventions of 1949 is to determine the treatment of victims of war and to relieve and reduce suffering thereby.

There are four conventions:

I- wounded and sick in the armed forces in the field

11- wounded, sick, and shipwrecked in the armed forces at sea

111- treatment of PW

IV- protection of civilian in time of war.

2. Whichever nation captures you is responsible for your care. Your individual captor is aware that he is responsible to his nation for your well being. (12)

3. You have and will retain individual privileges under the 3rd Convention according to you status and rank if you abide by the rules of the Convention and state your true surname, first names and rank, date of birth, and SN. (1 7)

4. You will be treated humanely and respectfully as detailed within the 3rd Convention. If you are wounded, injured or sick you will receive med treatment. (13,14)

5 . You will be removed from dangerous areas as soon as possible and will be guarded so that no harm will come to you. (19)

6. You will not be humiliated or abused. (3,13,14)

7. You will be disarmed and have all warlike military equipment removed from you except articles reqr to protect you from harm and to help you maintain your health. You may keep your identity docs, gas mask, NBC clothing, water bottle, and while in the combat zone, your steel helmet. You will receive sufficient clothing and blankets to protect you from the environment. (1 8)

8. You will be sup with food and potable water sufficient in quantity and quality. Your captor will consider any dietary reqr due to your racial, religious or environ reqr. (20,26)

9. Your pers docs and effects may be removed temporarily but will accompany you and be returned later after examination. Your identity docs will be shown for examination and admin purposes to your captor upon demand. (1 8)

10. You will be segregated according to your nationality, sex, rank and physical condition but you will not be treated any differently by this action. (16)

1 1. You will be allowed to write to your family and to the central PW agency informing them of your capture, address and state of health. (70)

12. You will be allowed to receive correspondence, plus parcels, and send at least two letters and four postcards per mo. (7 1,72)

13. You will be allowed to address complaints and request to the military auth of your captor. (78)

JTFSWA SOP '? - 14/15


Annex G - DETAINEE TREATMENT CARD

I THE ENEMY IN YOUR HANDS I THE ENEMY IN YOUR HANDS


/ AS A MEMBER OF THE CANADIAN FORCES YOU WlLL COMPLY WITH THE GENEVA CONVENTIONS OF 1949 TO

I WHICH YOUR COUNTRY IS BOUND.


YOU CAN AND WlLL

DISARM DETAINEES - IMMEDIATELY SEARCH, REQUIRE SILENCE, AND SEGREGATE DETAINEES. GUARD CAREFULLY AND TAKE TO THE PLACE DESIGNATED BY YOUR COMMANDER.

YOU CANNOT AND MUST NOT

MISTREAT, HUMILIATE OR DEGRADE DETAINEES - TAKE PERSONAL EFFECTS - REFUSE NECESSARY MEDICAL TREATMENT.

TAGGING

IT IS IMPERATIVE THAT YOU PROPERLY TAG ALL DETAINEES. THE TAG MUST CONTAIN AT A MINIMUM, THE FOLLOWING INFORMATION: - DATEJTIME OF CAPTURE

I - PLACE OF CAPTURE ' - CAPTURING UNIT

- CIRCUMSTANCES OF CAPTURE

BE AS DETAILED AND THOROUGH AS POSSIBLE.

THE TAG USED MAY BE THE PREPRINTED TYPE OR CAN BE MADE OF ANY MATERIAL AVAILABLE.

1. HANDLE HIM FIRMLY. PROMPTLY BUT HUMANELY.

The captive in your hands must be disarmed, secured, and watched. But he must also be treated at all times as a human being. He must not be tortured, killed, mutilated, or degraded, even if he refuses to talk. Breathing must not be impeded by covering the nose and mouth when blindfolding detainees.

2. TAKE THE CAPTIVE QUICKLY TO SECURITY.

As soon as possible evacuate the captive to a place of safety and interrogation by US forces designated by your commander. Military documents and material taken from the captive are also sent to the interrogators, but the captive may keep his personal equipment.

3. MISTREATMENT OF ANY CAPTIVE IS A CRIMINAL OFFENSE. EVERYONE IS RESPONSIBLE FOR THE ENEMY IN THEIR HANDS.

It is both dishonorable and foolish to mistreat a captive, it is also a punishable offense, and not even a beaten enemy will surrender if he knows his captors will torture or kill him. He will resist and make his capture more costly. Fair treatment of captives encourages the enemy to surrender.

4. TREAT THE SICK AND WOUNDED CAPTIVE AS BEST YOU CAN.

The captive saved may be an intelligence source. In any case, he is a human being and must be treated like one. He who ignores the sick and wounded degrades his uniform.

5. ALL PERSONS IN YOUR HANDS. WHETHER SUSPECTS. CIVILIANS, OR COMBAT CAPTIVES, MUST BE PROTECTED AGAINST VIOLENCE, INSULTS, CURIOSITY, AND REPRISALS OF ANY KIND.

Leave punishment to the courts and judges. Show your strength by your fairness, firmness and humanity to the captives in your hands.

JTFSWA SOP ? - 15/15

DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON CLASSIFIES . C - ( - )", . . - i - - iLJEh i IAL -

Distribution list

MILITARY POLICE REPORT FROM TECHNICAL ASSISTANCE VISIT (TAV) TO TASK FORCE SOUTH WEST ASIA (TFSWA) 13-21 June 2002 -- Refs: A. CDS 095 2S2000Z Oct 01 - CDS OP 0 800(005/2001) OP APOL,LO B. Email 53 IntIJ3 Intl 2 -3 May 02 (TAV Approval) C. B-GG-005-004lAF-003 - Prisoner of War handling, Detainees, Interrogation and Tactical Questioning

INTRODUCTION

1. The TAV to TFSWA took place between 13-2 1 June 2002 with 7 days actually being spent in theatre. The TAV was lead by LCol Tremblay 53 MP Ops with team members consisting of Maj Egglefield PM TFSWA and hfaj Delaney PM MARPAC.

2. 'The following locations were visited:

a. Kandahar, Afghanistan .

3. Following the 1 1 Sep 0 1 major terrorist attacks in the United States the Canadian Government approved for the CF to assist in the war on terrorism by

deploying CF personnel to Afghanistan under the name of TFSWA. Part of CF personnel deployed included the Military Police. The TAV was to strategically review the MP posture at all locations.

4. j3eployment. IvIP support was provided to all Sea, Land, and Air Ops. During the

planning stage of this mission, a requirement to establish a Capt posn to provide advice on PW and Detainees to the BG CO in Kanhahar was identified. 53 Ops agreed to have this posn filled by a MPO.

RELEASED UNDER ASIA. INFORMATION U N C L A S S ~ F ~ ~ ~ ~ - " " " ~ '

DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON CLASSIFIES ~-(~~CiI,-lii

s. 15(1) ) ! ~)c ; t t~ons -- LIP arc ~t 3 pr~rnnry I t t i i i t ; ~ r i

-1. Kandahar, .Afghanistan

6. Tasks. Full MP functionality is provided by the MP and the following is a description of the current situation and some observations for each location:

7. Overview: The MP is primarily providing access control to Camp Kandahar. Since there were high possibilities of handling PWs and Detainees a new Capt position as the advisor to the BG CO was created for this mission. During the TAV it was confirmed by the BG CO that this posn was important for this type of a mission. The policy at ref C on the handling of PWs and Detainees was issued in Feb 02. Prior to the deployment procedures had already been established to transfer any PWs or Detainees to the US Forces. During their visit the TAV Team was provided with a briefing and tour of the US Forces detention centre.

8. Police Operations: The MP has primary jurisdiction in Camp Kandahar proper including the conducting of investigations. Liaison with nearby civilian police in non- existent since the infrastructure of the country is still undergoing significant changes to bring some stability by creating a recognized government. Any incident that may occur outside the Canadian Camp is handled on a case-by-case basis.

9. Security Operations: The emphasis for this mission was concentrated on the potential threat from terrorism. Very stringent ROES were in place and movements of personnel outside the camp was limited to mission essential only. During this TAV it was discovered that no Threat and Risk Analysis ( T M ) was provided to the BG CO prior to his deployment.

10. Operational Support: The MP is providing good support to the BG including in some instances deploying forward in some of their missions. They had sufficient resources to fulfill their tasks. They were very pro-active in conducting PW handling training of the BG personnel.

1 1. IYIS Support: As a result of the type of ops conducted by the BG the potential of war crirnes investigative support was very high. The presence of the XIS was therefore essential to ensure immediate response to any given situation. It was further determined that quick access to forensic support is necessary.

DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON CLASSIFIES i _ c _ i . ~ L! c_~-;A-L_

SUMMARY

24. Kandahar: The MP was properly manned to provide adequate support to the BG. The new posn of advisor on PW and Detainees was instrumental in the proper handling of prisoners while ensuring the new policy at ref C was adhered to.

DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON CLASSIFIES ( ( I \ ~ L I L : ~ ~ \ - I ~ . , ~ ~ -

.I. m y rnisslon ot t h ~ s ~nagnltucie havlng the potentla1 o f handling PWb or I)etainees should h ~ v t a n ~ t s staffan otficcr (T'lpt) as acfvlsor to the F3C; (_ ( 1

Action: 53 Int

b. provisions should be made in future deployments of this nature to build a case for the handling of PWs or Detainees.

Action: 53 Int

c. PWs and Detainees handling must be incorporated in all pre-deployment training.

Action: 53 Int

d. it is imperative that a TRA be generated and issued prior to any deployment so that it can be used in all the planning stages of the mission and be made available to the CO

Action: 53 Int

e. at minimum two members of the NIS shall be deployed to conduct serious and sensitive investigations and have the capability to deploy forward on any of the tactical missions

Action: CFPM

i. liaison with HN police forces must be t\stablished

RELEASED UNDER A'IA. INFORMATION UNCLASSIFE~~~"*"' ' ""

DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON CLASSIFIES 1 g:d-!i!~\~~ LA!-

; \creelling pIoce\s tor 12kPr; I I ~ L ~ S ~ be ~nlt lated I'\LV u l t h '\ill71 ( 'hap

Xct~on Pb1 JTFSWA

k. CMS must develop a Force Protection doctrine manual for deployed forces

Action: CMS

s. 15(1)

:n. ensure linguistic support is available and ready to assist the MP or the NIS :24/7.

.Action: 53 Int

S. Trem.blay LC01 53 MP Ops 945-7297

Distribution List

Action

53 Int

I~lformation

CFPPvI


5er.m- Vice Chief of the Defence Staff Vice-chef d'etat-major de la Defense

Defense 1 + 1 E $ Z . L a t i o n a i e Canad'!

RELEASED UNDER A'IA. INFORMATION U N C L A S S I ~ ~ ~ ~ ~ ~ " 4 1,1_*,

- DIVULGUE EN V-A LA1 RENSEI MENTS NON CLASSIFIES s. w b

s.21 (l)(a)

s.21 (l)(b)

Sep 02 s.21 (l)(c)

DCDS

MEDIA RELEASE ISSUE /vr@O

1. Enclosed is a BN and iMer from the CDS to the Minister responding to the Minister's query on the status of persons recently taken into custody and recommendations for a media release.

2. The BN and letter outline the difficulties in ascertaining accurate personal information

. . . The recommendation not to make-a media

announcement pwdqwg the success of the Canadian led mission is based on current DND practice

\

~ v c ) A d t h L d

3. On 24 May 02 there was a media release in response to a CBC news broadcast where the reporter stated that remnants of Canadian rations were found in the area of a recently completed military operation and suggested that Canadians were identified as being involved. -

4. I recommend that the DND media strategy continue to be reactive. For your concurrence.

J.J. Gauvin Cmdre COS J3

SECRET

s.21 (l)(b) The Minister f s.21 (l)(c)

STATUS REPORT-

I PERSONS CAPTURED w

1. Find attached a briefing note, which provides an update on the status of C&&+ ~4 persons detained f&-~u/a 4 c

1 _a___ ,

2. Details of the individuals captured by Canadians are being forwarded to D PK Pol for onward transmission to the International Committee of the Red Cross (ICRC) in accordance with previously arranged protocols established by yGur office. We are not certain of the identities of the individuals nor are we certain that all of the particulars of these individuals are correct. This remains a / I d challenge to the Coalition in attempting to ascertain all of the facts when persons W

$ UrJd -. It is unlikely that all of the personal particulars will be known or

. ! a ' made available to Canada. As more information becomes known, it will be forwarded to the ICRC.

I am available to discuss this important issue if you wish.

' R.R. Henault Gen CDS

Encl: 1

SECRET

..

DIVULGUE EN V E ~ A LA1 RENSEIGNEMENTS NON CLASSIFIES

s.15(1)

s.21 (l)(a) The Minister s.21 (l)(b) s.21 (l)(c) STATUS REPORT-

PERSONS CAPTURED I

1. Find attached a briefing note, which pro\~ides ar? update cn the status of persons detained

2. Details of the individuals captured by Canadians are being forwarded to D PK Pol for onward transmission to the International Committee of the Red Cross (ICRC) in accordance with previously arranged protocols established by your office. We are not certain of the identities of the individuals nor are we certain that all of the particulars of these individuals are correct. This remains a challenge to the Coalition in attempting to ascertain all of the facts when persons have been taken into custody. It is unlikely that all of the personal particulars will be known or made available to Canada. As more information becomes known, it will be forwarded to the ICRC.

4. 1 am available to discuss this important issue if you wish.

R.R. Henault Gen CDS

Encl: 1

SECRET

RELEASED UNDER A'IA. INFORMATION U N C L A S S ~ ~ ~ ~ ~ ' ~ ~ * "

-. . . DIVULGUE'EN Vw&#i+A LA1 RENSEIGNEMENTS NON CLASSIFIES

s:15(1) BRIEFING NOTE FOR THE MINISTER s.21 (l)(a)

s.21 (l)(b) SUBJECT: - CAPTIVE DISPOSITION s.21 (l)(c)

ISSUE

1. To provide an update to the MND on the status okrecently oaetafed 7 1 Coalition media release policy.

and to pro'vide information on the

BACKGROUND

2. At the 17 Sep 02 DEM, a request was made for an update on recently captured personnel

By way of background it is important to note that for the mission in Afghanistan, the US uses the term Persons Under Control (PUC) when person(s) are initially deta~ned until they have been screened at the appropriate location (Kandahar initially for missions). Once screened, persons who do not meet the criteria for holding and interrogation are released

. . - . - . - . . . . -

Person(s) who are categorized as meeting the criteria for further processing are labeled detainees.

DISCUSSION

3. PUC Status.

4. Media Release Policy. The Coalition formation within which operates has a strict policy of not releasing details of any mission to the media. Each contributing nation respects this policy

1 12

SECRET

DIVULGUE EN V-A LA1 RENSEIGNEMENTS NON CLASSIFIES

SUMMARY

5. Details on the captured individuals are sketchy at this time and updates will be provided once new information is known.

6. The current media policy is in keeping with both the Coalition and Canadian policies.

Prepared by: Responsible Director General: Cmdre J.J. Gauvin, COS J3, 992-6191 Responsible Group Principal: VAdm G. R. Maddison, DCDS, 992-3355 Date Prepared: 18 Sep 02

212

SECRET

, , RELEASED UNDER AIA. INFORMATION UNCLASSIF~~ ' * ' * ' '

- - DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON CLASSIFIES rRANSMlTTAL SHEET :

TITLE: DETAINEE HANDLING AND TREATMENT s. 15(1)

s.21(1)(a) / To: COS J3 I Comment(s):

1. Sir, I have received the attached with some concern. Although there is obviously a strong requirement for the DCDS to articulate the CF position on the Detainee handling issue,

2. My office or did not previously review the att nor were we consulted on its development. As such it doesn't reflect either the situation on the ground nor some of the practicalities. I accept that it talks about "principles" as opposed to specifics, and as such the flow can be adjusted to reflect

1 specific arrangements, but this adjustment could have been articulated.

3. Lastly I am not making a case to argue against the contents or the regulations as they apply to our pers, as the care and treatment are exactly the standard which we enforce.

4. At your convenience I would like to discuss this issue with you prior to highlighting the issue with COS J3 and in order that I can more fully advise on his specific requirements.

5. Notwithstanding my comments I have ensured that receives a copy ASAP.

14 1 1 1 1 1 1 1 ,

RELEASED UNDER A'IA. INFORMATION UNCLASSIF~"C~"" '~ '


Cc:

From: Cooper Col DA@VCDS CFPM @Ottawa-Hull Sent: Monday, May 10,2004 10:15 PM To: Fraser Maj J@1 ASG HQ@Edmonton; Piper Capt MG@VCDS CFPM

RM@Ottawa-Hull; Giles Capt MD@VCDS CFPM DPM Police@Ottawa-Hull; Tremblay LCol S@VCDS CFPM DPM PC@Ottawa-Hull; Moniz Lt(N) W@ADM(PA) @Ottawa-Hull; Scanlon Cdr JD@ADM(PA) @Ottawa-Hull Morris JP@ADM(PA)@Ottawa-Hull; Calder JEE@ADM(PA)@Ottawa-Hull; Wilson Maj JM@CFSPDB@Edmonton; Lundy Maj SB@LFWA HQ@Edmonton; Shaw Maj BA@VCDS CFPMQOttawa-Hull; Gagnon MWO JR@CFSPDB@Edmonton; Egglefield Maj JYD@VCDS CFPM DPM RM @Ottawa-Hull; Forsythe Maj B@VCDS CFPM DPM PC@Ottawa-Hull; Trem blay Lt(N) ML@ X-DCDS1 @Op ATHENA; Audette Maj MG @ADM(PA) @Ottawa-Hull; Apostoliuk Capt HAB@ADM(PA) @Ottawa- Hull; Brunner HR@ADM(PA)@Ottawa-Hull; Carey LCol SM@VCDS CFPM DPM PS@Ottawa-Hull; Guilbault CWO G@VCDS CFPM@Ottawa-Hull; Galway CWO FJ@1 CAD PM@Winnipeg

Subject: RE: Media interest in PW issue - CF policy/doctrine on PW handling To all,

The relevant doctrine was revisited in preparation for the initial deployment to Afghanistan - Op Apollo. I personally reviewed the doctrine and was engaged in the deliberation of several key issues with COS J3. This office and legal are in the best position to coordlrespond to any inquiries regarding PWIDetainee handling.

Capt Giles,

As discussed.

D. Cooper Col CFPM

-----Original Message----- From: Fraser Maj J@1 ASG HQ@Edmonton Sent: Monday, May 10, 2004 11:49 AM To: Piper Capt MG@VCDS CFPM RM@Ottawa-Hull; Giles Capt MD@VCDS CFPM DPM Police@Ottawa-Hull;

Tremblay LC01 S@VCDS CFPM DPM PC@Ottawa-Hull; Cooper Col DA@VCDS CFPM@Ottawa- Hull; Moniz Lt(N) W@ADM(PA)@Ottawa-Hull; Scanlon Cdr JD@ADM(PA)@Ottawa-Hull

Cc: Morris JP@ADM(PA)@Ottawa-Hull; Calder JEE@ADM(PA)@Ottawa-Hull; Wilson Maj JM@CFSPDB@Edmonton; Lundy Maj SB@LFWA HQQEdmonton; Shaw Maj BA@VCDS CFPM@Ottawa-Hull; Gagnon MWO JR@CFSPDB@Edmonton; Egglefield Maj JYD@VCDS CFPM DPM RM @Ottawa-Hull; Forsythe Maj B@VCDS CFPM DPM PC@Ottawa-Hull; Tremblay Lt(N) ML@X-DCDSl@Op ATHENA; Audette Maj MG@ADM(PA)@Ottawa-Hull; Apostoliuk Capt HAB@ADM(PA)@Ottawa-Hull; Brunner HR@ADM(PA)@Ottawa-Hull; Carey LCol SM@VCDS CFPM DPM PS@Ottawa-Hull; Guilbault CWO G@VCDS CFPM@Ottawa-Hull; Galway CWO F1@1 CAD PM@Winnipeg

Subject: RE: Media interest in PW issue - CF policy/doctrine on PW handling

Capt Mark Giles,

There was a PW, Detainee, Interrogation and Tactical Questioning Joint Doctrine Writing Board which sat prior to Jul 2001 which was chaired by Maj J. Simpson. This Board had concluded most of the work however it is my understanding that tactical questioninglinterrogation chapters held up the final publication and that more work was required from the Legalllnt worlds. This doctrine manual I beleieve would/should/could reside in the DCDS world.

114-.-, 1

RELEASED UNDER AIA. INFORMATION U N C L A S S I F ~ ~ ~ ~ ' " ' '


From an Army perspective, the tactical Handling of PW is ingrained in Army MP doctrine [written by Maj Egglefield) and is consistent with your key messages.

J.A. Fraser Maj APM CSN 528-4576 1-780-973-401 1 ext 4576

-----Original Message----- From: Piper Capt MG@VCDS CFPM RM@Ottawa-Hull Sent: Monday, 10, May, 2004 07:38 AM To: Giles Capt MD@VCDS CFPM DPM Police@Ottawa-Hull; Tremblay LCol S@VCDS CFPM DPM

PC@Ottawa-Hull; Cooper Col DA@VCDS CFPM@Ottawa-Hull; Moniz Lt(N) W@ADM(PA)@Ottawa-Hull; Scanlon Cdr JD@ADM(PA)@Ottawa-Hull

Cc: Morris JP@ADM(PA)@Ottawa-Hull; Calder JEE@ADM(PA)@Ottawa-Hull; Wilson Maj JM@CFSPDB@Edmonton; Lundy Maj SB@LFWA HQ@Edmonton; Shaw Maj BA@VCDS CFPM60ttawa-Hull; Gagnon MWO JR@CFSPDB@Edmonton; Egglefield Maj JYD@VCDS CFPM DPM RM @Ottawa-Hull; Forsythe Maj B@VCDS CFPM DPM PC@Ottawa-Hull; Tremblay Lt(N) ML@X-DCDSl@Op ATHENA; Audette Maj MG@ADM(PA)@Ottawa-Hull; Fraser Maj J@1 ASG HQ@Edmonton; Apostoliuk Capt HAB@ADM(PA)@Ottawa-Hull; Brunner HR@ADM(PA)@Ottawa-Hull; Carey LCol SM@VCDS CFPM DPM PS@Ottawa-Hull; Guilbault CWO G@VCDS CFPM@Ottawa-Hull; Galway CWO FJ@l CAD PM@Winnipeg

Subject: RE: Media interest in PW issue - CF policyJdoctrine on PW handling

Mark

Canada conducts Enemy Prioners of War (EPW) operations in strict accordance with the Geneva Convention and International Law. During the 3 PPCLl Battle Group deployment in Afghanistan, EPW were processed in accordance with an agreement between Canada and the United States, which directed that all EPW captured by the 3 PPCLl BG

s, 5(1) were to be turned over for questioning and subsequent release or transport

The EPW facility located at the Kandahar Airfield was visited by myself and other Canadian MP. It was also visited regularly by members of the International Red Cross. While the facility was austere, it was professionally run with EPW being properly treated.

In order to insure that Canadian troops continued to conduct EPW operations in the prescribed manner. 3 PPCLl BG MP conducted EPW refresher training with sub-units prior to each combat operation.

Glenn

M.G.Piper Capt DPM RM / MA Special Projects (61 3)945-7259 CSN 849-7259 FAX Unclas (61 3) 995-4038 Clas (61 3)945-0236

RELEASED UNDER A'IA. INFORMATION U N C L A S S I ~ ~ ~ " " " - '


-----0nginal Message----- From: Giles Capt MDOVCDS CFPM DPM Police@Ottawa-Hull Sent: Sunday, May 09, 2004 10:28 PM To: Tremblay LCol S@VCDS CFPM DPM PC@Ottawa-Hull; Cooper Col DA@VCDS CFPM@Ottawa-Hull;

Moniz Lt(N) W@ADM(PA)@Ottawa-Hull; Scanlon Cdr JD@ADM(PA)@Ottawa-Hull; Piper Capt MG@VCDS CFPM RM@Ottawa-Hull

Cc: Morris JP@ADM(PA)@Ottawa-Hull; Calder JEE@ADM(PA)@Ottawa-Hull; Wilson Maj JM@CFSPDB@Edmonton; Lundy Maj SB@LFWA HQ@Edmonton; Shaw Maj BA@VCDS CFPM@Ottawa-Hull; Gagnon MWO JR@CFSPDB@Edmonton; Egglefield Maj IYD@VCDS CFPM DPM RM @Ottawa-Hull; Forsythe Maj B@VCDS CFPM DPM PC@Ottawa-Hull; Tremblay Lt(N) ML@X-DCDSl@Op ATHENA; Audette Maj MG@ADM(PA)@Ottawa-Hull; Fraser Maj J@1 ASG HQ@Edmonton; Apostoliuk Capt HAB@ADM(PA)@Ottawa-Hull; Brunner HR@ADM(PA)@Ottawa-Hull; Carey LCol SMOVCDS CFPM DPM PS@Ottawa-Hull; Guilbault CWO G@VCDS CFPM@Ottawa-Hull; Galway CWO FJ@l CAD PM@Winnipeg

Subject: Media interest in PW issue - CF policy/doctrine on PW handling

The Media Liaison Office (MLO) and I received media queries late last wk WRT the CF handling of detainees1PW. In light of international attention on the now infamous photos and alleged abuse of PW in Iraq, we probably should confirm our doctrinelpolicy in this area and draft some MRLs.

We were able to defer the issue until this wk to allow us to consult with, and receive direction from, the CFPM, DPM - OpsIPlans and ADM-PA.

To be determined:

1. Confirmation of ownership of PW doctrine: MP Branch (CFPM), ADM-HR Mil (pers world) ... ? - traditionally MP, but HRtpers linkage raised ...... ?

2. Confirmation of most recent doctrinelpolicy;

3. Appropriate spokesperson: DPM-OpsIPlans (J3 MP), DCDS, ADM-HR Mil, 3 CFPM PA0 ......... .

4. Key msgs: PW rights / humane treatment, proper trg of custodial staff, clear policy and adequate supervision, lessons learned since Somalia, etc.

This email is just a catalyst to stimulate discussion, however, given the sensitivity of the issue, I recommend we aet a qrip on this quickly. : )

Capt Piper (Glen): Your name came up as a possible SME on PW handling. Can you shed some light on current policyldoctrine?

I was in Edmonton ThursIFri and discussed this issue with MP and PA staff there (including the CFSPDB comdt and CO, 15 MP Coy). If a Canadian angle develops, the CF prison and res MP coys may receive some attention.

Captain Mark Giles Communications ! Publlc Affairs Offlcer Canadian Forces Provost Marshal. CF Nationa! Investigation Service, 2nd Canadian Military Poiice Association Nat~onal Defence Headquarters (Ottawa) 61 3.945 0522 (off~ce) 613.293.8355 (cell)

Intranet: http://vcds.dwan.dnd ca'cfpm/intro_e.asp Internet: www.vcds dnd.calcfpm/intro-e.asp

Documents

BRIEFING NOTE FOR THE CLS - Université d'Ottawa ...aix1.uottawa.ca/~cforcese/nsarchive/documents/0503.pdfdeals with the handling of PW (B-GL-332-012/FP-001), providing the necessary