DEPARTMENT OF THE ARMY 31 5' MILITARY POLICE DETACHMENT (CID) (FWD)

3d MILITARY POLICE GROUP (CID) (FWD) UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND

APO AE 09325-6169

REPLY TO ATTENTION OF

CIRC-CFC (195-2)

MEMORANDUM FOR SEE DISTRIBUTION

1 January 2004

SUBJECT: CID REPORT OF INVESTIGATION — FINAL — 0140-03-C1D389-61697 — 5H9B

DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 9 Dec 2003/0300 — 9 Dec 2003/0730; 2d Brigade Holding Area, located at Grid

Coordinate 38S LF 308 190, Mosul, Iraq

DATE/TIME REPORTED: 9 Dec 03, 0930

INVESTIGATED BY: SAMIlaiiiikaiiiiitaMIR, SA4111.61 Cligall■IP SA

; SA araitiiiIMIANIMIWN bl.cydpii i72-

SUBJECT: 1. NONE [UNDETERMINED MANNER OF DEATH]

VICTIM: 1. ABDUL KAREEM, ABDUREDA LAFTA (DECEASED); 25 OCT 1959; BAGHDAD, IRAQ; M; OTHER; [NFI] [UNDETERMINED MANNER OF DEATH]

INVESTIGATIVE SUMMARY:

This is an "Operation Iraqi Freedom" Investigation.

This investigation was initiated when the S-3 Sergeant Major, 503 rd Military Police Battalion (Mosul, Iraq), reported a detainee in the 2d Brigade detainee holding area died while in U.S. custody.

The investigation established Mr. ABDUL KAREEM was found unresponsive by guards who were conducting a routine morning wake-up Rfill of the detainees. He was last seen alive a few hours earlier when he was provided a blanket by a guard.

There were no signs to indicate abuse or foul play was a factor in his death. A cursory examination of Mr. ABDUL KAREEM by medical and CID personnel did not reveal any clear signs of what may have caused his death. There was no known medical history of Mr. ABDUL KAREEM, nor had he requested medical assistance prior to his death.

C_ k)6. L , c2Y -7

OU00001 01206

DODDOACID 007319

ACLU-RDI 136 p.1

CIRC-CFC SUBJECT: CID REPORT OF INVESTIGATION - FINAL - 0140-03-CID389-61697 — 5H9B

The investigation could not determine the cause of death without the benefit of a forensic autopsy. The manner of death is undetermined.

STATUTES:

Not Applicable

EXHIBITS/SUBSTANTIATION:

Attached:

investigation; Interview of W011/../11 Death Scene Examination; Interviews of Dr 1. Agent's Investigative Report (AIR) of SA 17 Dec 03, detailing the basis for

SPC PFC-. PFCMIIIIMand SGTIMMO 1

2. DD Form 2064, Certificate of Death (Mr. ABDUL KAREEM), 9 Dec 03.

3. Photographic Packet comprised of 11 photographs (Mr. ABDUL KAREEM).

4. Photographic Packet comprised seven photographs (Death Scene) b4,-

5. Death Scene Sketch, prepared by SA OEM 9 Dec 03. btp-

6. Sworn Statement of CPT (DR) 1111111=1. 9 Dec 03, wherein he stated he did not know what caused the death of Mr. ABDUL KAREEM, but did not observe any signs of foul-play.

C-L1 7. Sworn Statement of SPCA

holding cage.

8. Sworn Statement of SG 41•1141 1611-91Dec 03, wherein he described his duties at the

holding holding cage.

9YDec 03, wherein he described his duties at the 9. Sworn Statement of PFC holding cage.

10. Coalition Provisional Authority Forces Apprehension Form and Detainee packet, 9i Dec 03, Mr. ABDUL KAREEM.

11. Compact disc 0140-03-CID389-61697 containing all photographic images and the originals of Exhibits 3 and 4 (USACRC copy only).

Not Attached:

6C9 00'00002

01207

•

9 Dec 03, wherein he describe his duties at the

DODDOACID 007320

ACLU-RDI 136 p.2

CIRC-CFC SUBJECT: CID REPORT OF INVESTIGATION - FINAL - 0140-03-CID389-61697 — 5H9B

None.

The original of Exhibits 1, and 3 through 11 are forwarded with the USACRC copy of this report. The original of Exhibit 2 is maintained in the files of the 21 g Combat Support Hospital (Mosul, Iraq), Fort Hood, TX.

STATUS: This is a Final Report. Commander's Report of Disciplinary Action Taken (DA Form 4833) is not required.

Report Prepared By:

Special Agen ,

DISTRIBUTION:

Report Approved By: illiiii C: -/

CW2, MP Special Agent in Charge

1 - Director, U.S. Army Crime Records Center, USACIDC, Attn: CICR-CR, 6010 6th Street, Fort Belvoir, VA 22060-5506 (Original)

1 - Commander, 10 th Military Police Battalion (CID), Attn: Operations Officer, 3d Military Police Group (CID), Baghdad, Iraq

1 - Commander, 3d Military Police Group (CID), Attn: Operations Officer, U.S. Army Criminal Investigation Command, Baghdad, Iraq

1 - Commander, Attn: CIOP-ZA, U.S. Army Criminal Investigation Command, Fort Belvoir, VA 22060

1 - Armed Forces Institute of Pathology, Attn: OAFME, Rockville, MD 1 - Division Provost Marshal, 101 5t Airborne Division (Air Assault)(FWD), Mosul, Iraq 1 - SJA, 101 g Airborne Division (Air Assault)(FWD), Mosul, Iraq 1 - Chief of Staff, 101 g Airborne Division (Air Assault)(FWD), Mosul, Iraq 1 - File

9(400 03

01205

DODDOACID 007321

ACLU-RDI 136 p.3

krliiiiiiio6 10 -ti bpi About 1040, 9 Dec 03, SA coordinated with WO1

Ilia D Company, 311 th Military Intelligence. W011111110.1.1 related detainee #58, Mr. Abdureda Lafta ABDUL KAREEM was in placed general population HR #2 and he was not responsive when the other detainees were woke up at 0730. Mr. ABDUL KAREEM was checked for signs of life and no pulse or respiration was apparent and medical assistance was requested. W0141.1.11.1111stated Mr. ABDUL KAREEM body was moved from the general population HR #2 to Room C where he was examined by medical authorities.

191.c: bro 4 b jp&,-1 DEATH SCENE EXAMINATION: About 1045, 9 Dec 03, SA and SAIIIIconducted a- death scene examination of Mr. ABDUL KAREEM. The decedent had been removed from the scene.

Characteristics of the scene: The room was identified as HR #2, a holding area for Iraqi detainees. The room was a brick and mortar type construction, approximately 25 feet long, 18 feet wide, and ten feet high. There were five windows within the room, one located in the north wall and four located in the south wall. There were two Entry/Exit ways (E/E) located within the south wall. The main E/E was located in the south wall, approximately eight inches west of the east wall. The second E/E, which was secured and unused, was located in the south wall, approximately eight inches west of the east wall.

For Official Use Only

AGENT'S INVESTIGATIVE REPORT CID Regulation 195-1

ROI NUMBER

0140-03-CID389-61697

Page 1 of 3 Pages

DETAILS

BASIS FOR INVESTIGATION: About 0930, the S-3 SGM, 503 rd Military Police Battalion, (Mosul, Iraq) Ft Bragg, NC reported an Iraqi prisoner died while detained at 2nd Brigade Holding Area (BHA), Mosul, Iraq.

Condition of the scene: There were detainees throughout the room. There was a radio system located in the approximate center of the south wall. Surrounding the radio system, were several boxes of MREs, a heater, and two chairs. There was a pile of blankets located against the east wall, approximately three feet north of the south wall. The room was illuminated by natural light and two light bulbs, affixed to the east and south walls.

Factors pertaining to the E/E: The room could be accessed by two E/Es located in the south wall. The main E/E was located eight inches west of the east wall. There was a metal in construction door within the E/E and appeared to be functional. A second E/E was located eight inches east of the west wall. There was a metal in construction door within the E/E and was secured and unused.

Examination of the body: The decedent, identified as Mr. Abdureda Lafta ABDUL KAREEM, was an older adult male approximately 65 inches tall, a pproximately 175 lbs, and was dressed only in

TYPED AGENT'S

SA

SBQUENCE NUMBER `moi b lo a-

ORGANIZATION

3 I st Military Police Detachment (CID)(FWD), USACIDC APO AE 09325-6169

SIGNATURE it94C`1 i f: —/

DATE

17 Dec 2003

EXHIBIT

1 ...

CID FORM 94-E

For Official Use Only

DODDOACID 007322

ACLU-RDI 136 p.4

TYPED AGENTiv'Slc. AND SEQUENCE NUMBER

SA --( 6 -1 SIGNATURE

ORGANIZATION

3 l Military Police Detachment (C1D)(FWD), USACIDC APO AE 09325-6169

EXHIBIT DATE

17 Dec 2003 1

For Official Use Only

-(4

AGENT'S INVESTIGATIVE REPORT CID Regulation 195-1

ROI NUMBER

0140-03-C1D389-61697

Page 2 of 3 Pages

DETAILS

red in color briefs. The decedent had ulcers on both wrists, where he had been bound by flex-i-cuffs. Liver mortis was present throughout the back, with blanching across the shoulders. The decedent had an obvious purple in color birthmark located on his stomach above his navel. The birthmark did not blanch when pressure was applied with a finger. There were no obvious signs of abuse or defensive wounds. A clear fluid was found in the right ear.

Documentation of the scene: SAMIllWaptured digital images of the death scene and the decedent utilizing a Nikon digital camera system. A death scene sketch was prepared by SA I Y.'S

and verified by SA (See Attached Photos and Sketch) to

About 1053, 9 Dec 03, SA interviewed Dr (CPT) c.4 imaitin_. IA4-4 b& -Li

BN Surgeon, 526 FSB, Mosul, Iraq, who rendered a Sworn Statement detailing his actions after being notified of a deceased detainee. (See Sworn Statement for details.)

1*- 1 About 1107, 9 Dec 03, SA 1111111.1.1Pinterviewed SPC

Company, 311 th Military Intelligence (MI), Mosul, Iraq, who rendered a Sworn Statement detailing his actions when he realized the detainee was dead. (See Sworn Statement for details.)

)01-c- I b6 -I b About 1115, 9 Dec 03, SA - interviewed SGT B Battery,

2/44 Air Defense Artillery (ADA), Mosul, Iraq, who rendered a Sworn Statement detailing his actions involving the detainee and his actions upon hearing the detainee was deceased. (See Sworn Statement for details.)

1;4,-1 10-14- About 1118, 9 Dec 03, SAIIIIIIMnterviewed PFC

Battery, 2/44 Air Defense Artillery (ADA), Mosul, Iraq, who rendered a Sworn Statement detailing his actions upon hearing the detainee was deceased. (See Sworn Statement for details.)

10447012.L9-1 thloto -L1 About 1120, 9 Dec 03, SA interviewed of PFC Battery, 2/44th

Air Defense Artillery, (Fort Campbell, KY 42223) Mosul, Iraq, who stated he was on guard duty the evening of 8 Dec 03, which began about 2300. PFC1111 ■11111kated prisoner #58, later identified as Mr. Abdureda Lafta ABDUL KAREEM, had been lifting his blind fold and talking excessively. PFC

1110.111explained that the prisoners were not permitted to remove their blindfold or talk. PFC 11/1111110stated Mr. ABDUL KAREEM continued to lift his blindfold, so SGT bound ABDUL KAREEM hands behind his back, so he could not lift his blindfold. PFCSIIIIM said about 0100, 9 Dec 03, all the prisoners were put down to sleep. PFC INININOstated Mr. ABDUL KAREEM was moving around but eventually fell asleep. PFC11111111111111stated he did not witness any duress or hol-c-Li g ido -ci

CID FORM 94-E

For Official Use Only 5 01210

DODDOACID 007323

ACLU-RDI 136 p.5

AGENT'S INVESTIGATIVE REPORT CID Regulation 195-1

ROI NUMBER

0140-03-C1D389-61697

Page 3 of 3 Pages

DETAILS kg.c..441 anything, which led him to believe Mr. ABDUL KAREEM, was suffering or dying. PFCIIIIM stated Mr. ABDUL KAREEM had been detained within the facility for about 4 to 6 days and had been a constant talker. PFC....said Mr. ABDUL KAREEM attempted to remove his blindfold etc frequently and this was not the first time his hands had been bound behind him.

tozijai1 About 1130, 9 Dec 2003, SA conducted onducted canvass interviews of SGT

011111.1MIMIII and SGT 11111111111111111/MINMINO both of D Company, 311 th Military

Intelligence (MI), Mosul, Iraq. SGT stated he attempted to call the medics but their phone was not working, so he sent SGT gpmiato the battalion aid station to notify medical assistance. SGT

111111111111110stated he walked to the battalion aid station and requested medical assistance. Upon returning to the Brigade Holding Area, SGT illiMMOinstructed the guards to move Mr. ABDUL KAREEM to room C. SGT stated Mr. ABDUL KAREEM was still dressed and flexi cuffed when he was placed in room C. SGT UMW stated when he interviewed Mr. ABDUL KAREEM on 5 Dec 03 he appeared to be in good health. Mr. ABDUL KAREEM did not disclose any previous medical conditions, medications taken, or medical history during the interview.

b6- ► About1220, 9 Dec 03, SA obtained all documentation pertaining to detainee # 58, Mr.

ABDUL KAREEM from CW1 IMMINNO (See Detainee paperwork for details.)tc46-q / 11.9-Li

to- About 1115, 17 Dec 03, SA

1 SA einterviewed DR (CPT)

to ascertain what he observed when he responded to the death of Mr. ABDUL KAREEM. DR Minstated he did not observe anything that would lead him to believe Mr. ABDUL KAREEM died as a result of foul play, but he did not know what killed him.

///LAST ENTRY///

TYPED AGENT'S NAME AND SEQUENCE NUMBER

-1 ti(,-I c-4 bk) - I

ORGANIZATION 31" Military Police Detachment (CID)(FWD), USACIDC APO AE 09325-6169

EXHIBIT SA

17 Dec 2003

CID FORM 94-E

1

For Official Use Only JuiF ti 01211

DATE

For Official Use Only ft

DODDOACID 007324

ACLU-RDI 136 p.6

Page(s)

•

•

Referred to:

U.S. ARMY MEDICAL COMMAND FREEDOM OF INFORMATION/

PRIVACY ACT OFFICE ATTENTION: MCFP 2050 WORTH ROAD, SUITE 13 FORT SAM HOUSTON, TEXAS 78234-6013

MR. JOHN PETERSON John.Petersonl @cen. amedd. army. mil (210) 221-7826

01212

DODDOACID 007325

ACLU-RDI 136 p.7

0140-03-C1D389-61697 PHOTOGRAPHIC PACKET

Photo Number Description

DSCN7136 Photo depicting body (head to toe).

DSCN7137 Photo depicting body (toe to head).

DSCN7139 Photo depicting upper torso.

DSCN7154 Photo depicting upper back.

DSCN7155 Photo depicting lower back.

DSCN7159 Photo depicting left hand with scale.

DSCN7161 Photo depicting right hand with scale.

DSCN7163 Photo depicting abdomen.

DSCN7167 Photo depicting right hand with flex-i-cuffs.

DSCN7168 Photo depicting left hand with flex-i-cuffs.

DSCN7188 Photo depicting face and photo identification.

FOR OFFICIAL USE ONLY Exhibit: .3

Jtastr .8

DODDOACID 007326

ACLU-RDI 136 p.8

0140-03-C1D389-61697 PHOTOGRAPHIC PACKET

Photo Number Description

DSCN7191 Photo depicting northwest corner of HR #2.

DSCN7192 Photo depicting southwest corner of HR #2.

DSCN7193 Photo depicting south wall of HR #2.

DSCN7194 • Photo depicting north wall of HR #2.

DSCN7195 Photo depicting northeast corner of HR #2.

DSCN7196 Photo depicting southeast corner of RR #2.

DSCN7197 Photo depicting sign outside HR #2.

FOR OFFICIAL USE ONLY Exhibit: '1

01214

J t t.20

DODDOACID 007327

ACLU-RDI 136 p.9

For Official Use Onl AGENT ACTIVITY SUMMARY (CID REGUL,41 ION 195-1)

CONTROL NUMBER 0140-03-CID389-61697

Time, Date and Agent I Summary of Investigative Activity • . . ..

SA SIMIlgalc- I i)i)- 1115, 17 Dec 03

Reinterview of DR (CPT)

(See AIR for Details) I: 45 iiiiii6i3

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TIME: TVL: ADM:

PAGE: 3

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DODDOACID 007328

ACLU-RDI 136 p.10

01110 - O.? -coof -4/677

SWORN STATEMENT For use of this form, see AR 190-45; the proponent agency is ODCSOPS

PRIVACY ACT STATEMENT

Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 ISSN).

To provide commanders and law enforcement officials with means by which information may be accurately identified.

'.'our social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.

Disclosure of your social security number is voluntary. L*1 tra-LL ar'q

2. DATE (YYYYMMD 3. TIME 4. FILE NUMBER

o keel /9603 -1A- o ► o: os 5. LAST NAME, FIRST NAMEMIIDDLE NAMEtqC-41 (1D6-q b6-4.4

, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

re po r_fect Tor du 4-y NT. e 13 k A- 47 9'300h r2- When are ■Ved-1-11e ir 0.11 +he

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AUTHORITY:

PRINCIPAL PURPOSE:

ROUTINE USES:

DISCLOSURE: 1. LOCATION

7. GRADE/STATUS

t7-3 //)Cif 8. ORGAN!

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120

10. EXHIBIT 11. INITIALS OF PERSON MAKING STATEMENT

6b PAGE 1 OF PAGES

TAKEN AT DATED ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER

MUST BE BE INDICATED. •

USE ONLY 1 • p. • • • •

EXHIBIT_IL5c6- 5 DODDOACID 007329

ACLU-RDI 136 p.11

OFFICIAL INF rim v

PAGE g OF 22 PAGES uoarn v 1 AN

EXHIBIT 411'2 1.7

DODDOACID 007330

MEt 1%5)6_1 INITIALS OF PERSO roATE

PAGt 3, DA FORM WI9911

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STATEMENT OF

TEMENT (Continued)

I, , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT

WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.

•

imuniii p b-ic--yita,-(1 (Signature o king Statement)

WITNESSES:

ORGANIZATION OR ADDRESS

Subscribed and sworn to before me, a person authorized by law to

administer oaths, this fn day of fief_ '

at LI , „ft(' ,

(Type 13070 o erSOn tering Oath)

1-1(, I )0) ORGANIZATION OR ADDRESS

(Authority To Administer Oaths)

TAKEN AT DATED

ACLU-RDI 136 p.12

12.POC this action is the undersigned at rm

DEPARTMENT OF THE ARMY 22nd MILITARY POLICE BATTALION (CID)

UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND APO AE 09342

CIMPL-OP 25 May 04

MEMORANDUM FOR Commander, HQUSACIDC, ATTN: CIOP-COP-OP, 6010 6 th

Street, Ft Belvoir, VA 22060

SUBJECT: Request for Information (RFI 0212-04-CID001)

1. A review of CID Report of Investigation 0140-03-CID389-61697 reflected it was weak in Thoroughness and Timeliness. The investigation was Timely Reported.

2. There is no documentation in the AIR, Final, or an MFR, explaining the lack of an autopsy. On 10 Dec 03, the ASAC wrote in the AAS: "Battalion & Group ruled no autopsy & the body can be released to the NOK." The Battalion and Group POCs are not identified; nor is why they made this decision. No interrogators were interviewed. The doctor who declared the victim deceased and completed the death certificate was not interviewed. The female medic (NFI) mentioned by SPCIIMMOD was not identified b4 i 66 -(1

nor interviewed. The Soldier who apprehended the detainee was not interviewed. A statement of one of the guards was in the case file but not included as an exhibit in the ROI. There were no canvass interviews of the other detainees (at least ten of whom are in the crime scene photographs). Additional photographs of the deceased and his clothing on the CD should have been included in the photo packet. The crime scene sketch and the AIR do not document where guard personnel found the deceased. The AIR does not mention the presence, or lack of, signs of a struggle, or of blood or body fluids; nor are the environmental conditions annotated. The records of medical treatment of the deceased were not collected and reviewed. The complainant is identified by position, not by name.

3. All investigative reports were dispatched in a timely manner. Investigation was closed Final on 1 Jan 04.

14-1c-

CW3, MP FORENSIC SCIENCE OFFICER

UNCLASSIFIED - FOR OFFICIAL USE ONLY

0121(S

L.) 1.■ %.•

DODDOACID 007331

ACLU-RDI 136 p.13

CID Form 66

1. Date:

9 DEC 03

2. Time Received:

0930

7. Case Number:

0140-03-C1D389-61697

3. Offense(s):

UNDETERMINED MANNER OF DEATH

8. Assigned To• IC"C" —I

4. Subject(s): None

9. Type Of Action:

ROI/SSI

5. Victim(s): Mr AbduredaLafta ABDUL KAREEM

(Iraqi Detainee)

10. Reports

Type Suspense Completed

3■45 Net o 1 lb Orro3

6. Case Description:

Mr ABDUL KAREEM DIED WHILE IN U.S. CUSTODY

This is an Operation Iraqi Freedom Investigation.

11. Other Action 12. CID Funds

Action Required Completed Date Amount

Criminal Info

Evidence Cust

1, 1 .IC • writ III 11.11-' (MI Y

DODDOACID 007332

ACLU-RDI 136 p.14

Page(s)

•

Referred to:

U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101

MS. JACQUELINE SCOTT scottj@centcom.smil.mil (813) 827-5341/2830

01220

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ACLU-RDI 136 p.15

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