CNSLArchives Doc. #05-03

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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
The aim of this briefing note is to provide an update on the above subject and the
1.
status of Ref B, Joint Doctrine for Prisoners of War, Detainees, Interrogation and Tactical
Questioning.
BACKGROUND
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.
2.
A joint doctrine writing board was established in Nov 99, with representation
3.
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.
The PWDITQ re-write has suffered for many years from inconsistency and
4.
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
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
Manual Status. Regarding the current status of the manual, the DCDS has agreed
5.
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
s. 15(1)
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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.
ODAPOLLO. DCDS staff acknowledges that the interim Joint doctrine fails to
6.
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- 100-001/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. 1000-15 (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) 719 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
MP Liaison. The Senior MP Advisor will effect in-theatre liaison with allied MP units
5.
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.
blP R e ~ o r t sand Returns. The Senior MP Advisor is responsible for ensuring that all
7.
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.
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.
10.
The Minister has authorized a technical chain of command to provide investigative
1 1.
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.
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.
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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.
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.
14.
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.
Police O~erations. Police Operations are designed to assist Commanders with
17.
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, rapidinvestigation 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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Securitv Operations. The Senior MP Advisor will normally be capable of providing the
18.
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).
These guidelines are not all inclusive, nor are they intended to exclude MP from the
20.
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 coordinated 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.
For the purpose of subsection 250.1 8(1) of the National Defence Act (Complaints about
23.
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;
3.
u
the enforcement of laws;
h.
responding to a complaint; and
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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.
Deployed MP must be cognizant of the requirements of ref D and must act accordingly.
24.
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.
The Governor in Council passed the MP Professional Code of Conduct on 15 Dec 1999.
25.
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.
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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
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)
3.
S.l
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
5(1) pre deployment training. Given the
this is a cornerstone skill on
which great emphasis is placed.
The current operating policy is to hand over detainees to US authorities. Special
5.
in particular, are neither manned, s, 5(1)
Operations Forces in general, and
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:
SECRET CEO
LCol D.M. Day, J3 CTSO
Cmdre J.Y. Forcier COS J3
29 Jan 02
D I V U L G U ~ ~ Q @ LA1
~ LRENSEIGNEMENTS
A
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
Upon return to KANDAHAR these.
detainees were handed over to US authorities,
3.
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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SUMMARY
Prepared by:
Reviewed by:
Date Prepared:
SECRET CEO
Cmdre J.Y. Forcier COS J3
29 Jan 02
-
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CONFIDENTIAL
s. 13(l)(a)
S. I~(I)
The issue of status determination for individuals captured in Afghanistan has assumed
real urgency as Canadian special forces have already taken prisoners, impending
deployment of Canadian Forces troops to Kandahar and subsequent attention in press
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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)
In order to clarify current CF 1 Coalition
1.
treatment and monitoring of detainees in
)individuals initially detained
authorities. In particular information is required on the
transferred by elements of
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
b.
Ascertain the status given to these detainees by the
c.
What process was followed to screen individuals for detention, and what were
the criteria applied in this process.
s. 15(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
individuals.
1 appreciate that efforts to gain an accurate response to the above has the potential to
2.
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)
s. 13(1)
s. 15(1)
s. 15(1)
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ORMATION UNCLASSIF~ED
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LAI RENSEIGNEMENTS N
Chief of the Defence Staff
National Defence
Headquarters
Ottawa, Ontano
K I A OK2
3350-165lA27 (J3 lntl Coord)
Sous-chef d'etat-major de la Defense
Quartier general de
la Ddfense nationale
Ottawa (Ontario)
KIA OK2
UCDS CWCOS 53
cart NO. -Ti
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( SCANNED INTO DMCS
{ February 2002
Distribution List
DETAINEE HANDLING CARDS
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
The following are contained in the enclosed annexes:
2.
,.'-=?)
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
amended to reflect CF requirements. It is to be carried by all CF
personnel in theatre.
b.
Detainee Process. This document is a schematic designed to
show the process of handover of detainees to US personnel.
Although representative of the Op APOLLO land situation, the
principles can be applied for the other Op APOLLO environments
I. It is to be used at the Battle Group
Headquarters level, or equivalent, as an aid to the planning
process. This card provides gu~danceon detainees taken in two
potential scenarios:
-
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to
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h 7 - c ~ d~ ~--q,
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7
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i
-
ci
5 LV'.<.
c.
(2)
112
National
Defence
detainees are taken during the conduct of a mission where
no US forces are present.
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+1
detainees are taken during the conduct of a joint mission
where US forces are present; and
Defense
nationale
I
Annex A to
3350-165lA27 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
a.
b.
i
~
c.
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
a. MISTREAT, HUMILIATE OR ABUSE DETAINEES.
6c.b.
2
TAKE PERSONAL EFFECTS.
REFUSE NECESSARY MEDICAL TREATMENT.
II
The captive in your hands must be disarmed, secured, a
times must receive humane treatment. Any form of
prohibited. Breathing must not be impeded by coverin
blindfolding detainees.
II
a.
DATErrlME OF CAPTURE
PLACE OF CAPTURE
CAPTURING UNIT
d. CIRCUMSTANCES OF CAPTURE
2 b.
3 c.
T*
1
I
>
-
d ;y.,
2
-1.
.W",
y.
-"3
MISTREATMENT OF ANY DETAINEE IS A
EVERYONE IS RESPONSIBLE FOR THE
HANDS
It is both dishonorable and foolish to mistreat a detain
offense; and not even a beaten enemy will surrender if
abuse and death at the hands of the captors. The enem
more costly. Fair treatment of detainees encourage
I
I
PROVIDE APPROPRIATE MEDICAL TREAT
I
Show your strength by your fairness, firmness and hum
hands.
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.
TAKE THE DETAINEE TO A SECU
As soon as possible evacuate the captive to a place o
USlCoalition forces designated by your commander. M
taken from the captive are also sent to the interrogators
personal effects, including personal protective equ
TAGGING
1%
IMPERATIVE THAT YOU PROPERLY TAG ALL DETAINEES. THE
T :MUST CONTAIN, AT A MINIMUM, THE FOLLOWING INFORMATION:
HANDLE DETAINEES FIRMLY, PROMPT
The detainee is a human being and must be
ALL PERSONS IN YOUR HANDS, WHE
CIVILIANS OR COMBAT CAPTIVE
PROTECTED AGAINST VIOLENC
CURIOSITY AND REPRISALS O
RELEASED .UI\lDER AIA.
INFORMATION UNCLASSIFIED
DIVU'.GUE
-_
Annex C to
E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~NON
N S E I G N E M E N T S
Feb 02
CLASSIFIES
I
I
~ q n l ~ -o BG
y ACTIONS TO BE TAKEN ON THE CAPTURE OF DETAINEES
(principles apply at sea)
111-
SqnICoy HQ
Remarks
CF Processing of Detainees to US Collection Point
lnform BG HQ
tpt reqs and
assign escort & tpt
if held
Log
Assign tpt & escort
if req
Confirm drop
offlpick up point to
US
Inform US HQ
lnform JTFHQ
Log
MP informs PM JTFHQ
PM JTFHQ informs J3 MP
If responsible for
escort & tpt inform
p i & BG HQ when
dispatched
Log
If responsible for
escort & tpt inform
p l & coy when
dispatched
Log
COMCAPREP
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
1
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
CHEF D'~TAT-MAJORJ3
CHIEF OF STAFF J3
ir
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.
The documents enclosed complement the new PW doctrine (ref) and are compliant
4.
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
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
I
I
DETAINEE TREATMENT CARD
DETAINEE TREATMENT CARD
THE ENEMY IN YOUR HANDS
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
II
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
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.
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
)ITplPI Comd
CF Processing of Detainees to US Collection Point
Disarm
01 Aid if nec
.Inform
immediate
Comd
Pass over to
guard
Inform Sect
'Omd
as
as practicable
Of capture
.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
lnform
SqnICoy HQ
Confirm nos.
Confirm tpt
req
Assign pl
guard (res.
sect)
PW Capture
Tag if not
already
tagged
Capture
Report
Guard
CF lmmediate Handover of Detainees to US Forces
I
Disarm
1" A
'di if nec
Inform Sect
Comd
Complete PW
Capture Tag
Boxes 1,8,
9,10
"tndover to
Inform PI
Comd
Inform
Coy
HQ
ACTIONS TO BE TAKEN ON THE CAPTURE O
DETAINEES: SqnICoy - BG (principles apply
SqnICoy HQ
1 BG HQ
)I Remarks
CF Processing of Detainees to US Collection
lnform BG HQ
Confirm tpt
reqs and
assign escort
& tpt if held
Log
Assign tpt &
escort if req
Confirm drop
offlpick up
point to US
Inform US HQ
Inform JTFHQ
Log
MP info
PM JTFH
PM JTFH
informs
If responsible
for escort &
tpt inform pl
& BG HQ
when
dispatched
Log
If responsible
for escort &
tpt inform pl &
coy when
dispatched
Log
COMCAPREP
Mp Staf
prepare
COMCA
in BG H
CF lmmediate Handover of Detainees to US F
lnform BG HQ
Assign MP to
US Collection
Point
Inform JTFHQ
COMCAPREP
Log
MP com
PW Ca
Tag at
Collect
Point
Report
to BG H
MP rep
as abov
ACTIONS TO BE TAKEN ON THE CAPTURE OF DETAINEES: TplPl
(principles apply at sea)
Individual
11 Sect Comd
ACTIONS TO BE TAKEN ON THE CAPTURE OF DETAINEES:
BG (principles apply at sea)
11 TplPl Comd
CF Processing of Detainees to US Collection Point
CF Processing of Detainees to US Collection Point
'Onfirm
tpt reqs
and assign escort
& tpt if held
.
lnform immediate
Comd
offlpick up point to
Inform US HQ
lnform JTFHQ
JTFHQ
PM JTFHQ
J3 MP
blindfold if nec IAW
practicable of
capture
PW Capture Tag
(DND 1361[7-801) if
possible
Pass to PI guard
Inform PI Comd
.
..
Capture Report
Complete PW
Capture Tag Boxes
1,8,9,10
Handover to US
Collection Point
Inform PI Comd
HQ
COMCAPREP
CF Immediate Handover of Detainees to US Forces
CF Immediate Handover of Detainees to US Forces
.
.
Inform Coy HQ
Inform BG HQ
.
Collectio
COMCAPREP
MP repor
above
OP APOLLO AFGHANISTAN DETAINEE PROCESS
MANDATORY
PARTS OF PW TAG
CAPTURE REPORT
P
COMCAPREP
US PW COLLECTION
POINTICAMP
RELEASED WBm
~{/!7/2G82
l
LIE:==
~
A
Jy z d
~
~r
-1
3
7
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-4,
~ 1613
& 395
~ 573'7
~ T(3
& 3322390
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DIVUC~UEEN VERTU DE LA LA1 RENSEIGNEMENTS NON
Cl' SSIFI&S~
k! -
-
.-
s3=
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7 , 2002,re.estqng tnzi C a n z d ~il?!lfy i b ~
*n c o n r , , ~ ~lclit?
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n
]n:2rpz:,crzl C c ~ r i C s z~i
tP,e R e c r o s s cf persons cz;;:uied
Aqghan;s:a;: corlflict.
RELEASED UMMB~'&~NWW&TIW~J~JIWBI~~~E?~C~~~~I~
535 573; TC 992333
F.3: :'3L
5.'.
,. '
C"LL
-- - --
adds
--- - - - -
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
t
I h3ve tzken the liberty of fohvarding t copy of )lour l e f ~ and
r my response to Canact's
M~nisterc~iFore~gnAFTalrs, the i-tanourab:e Bill Graham, for his iniornatior..
Once again, t h a n k 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
CLASSIFIES
[j
NON
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.
It is our intention to pass on all available information regarding detainees.
In this c a y , no other information was available.
3.
&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
s. 15(1)
REQUEST FOR CLARIFICATION
REGARDING DETAINEE INFORMATION PASSED TO ICRC
Ref:
In his letter to the ICRC, dated 10 Apr 02, the MND agreed that Canada would
1.
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.
persons detained by CF elements on :
Information pertaining to the
2.
(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.
I request your assistance in preparing a response to DFAIT's query that would
3.
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. c a t c
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
UNCLASSIFIEE*""'
* , t - U I I I I I
RELEASED UNDER A'IA. INFORMATION
-
I
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
-
. .- . . - -
From:
~nt:
. . - . .- . - -
s. 15(1)
3:
-
Wednesday, June 19,2002 10:56 AM
Cc:
Subject:
'(I)
~ e t a ~ n elniormation
e
.
-
-
PROTECTFQ
For Action
For Info
15 Afghan nationals were detained and transported to US detention facilities for
During CF operations on
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
Identification Serial Numbers):
detainees still in US custody is as follows (including names, citizenship, and
detainees were in apparent good health on capture and their condition had not changed when they were
The
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
(ICRC NA delegate). It remains our intention to pass on all reasonably
outlined in his 10 April letter to
,railable information regarding detainees. In this case, no other information is known.
Drafted by: Corri Barr, DPK Pol 6, 996-1741
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)
Jun 02
s. 19(1)
Distr List
.
/1/
REQUEST FOR FORWARDINGDETAINEE INFORMATION TO BE PASSED TO ICRC
Ref: MND letter to ICRC dated 10 Apr 02
1.
ref.
The following is provided for forwarding to the ICRC through DFAlT as agreed at
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.
The personal details known on the
3.
follows:
detainees still in U.S. custody are as
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
Cmdre
COS J3
Distr List (Page 2)
CONFIDENTIAL
r
F
x
I
/
,/;oL
p~t
TAV DETAILED OBSERVATIONS
iDATES 20-21 JUN 021
j Theatre:
I Camp Kandahar, Afghanistan
Subiect
dated
s. 15(1)
s.21 (l)(a)
s.21 (l)(b)
s.21 (I j(c)
I OPERATION:
I OP Apollo
Comment
( MP UNIT: 1 CAD assets
I
I
Observations
-
~
POLICE OPS
I Capt
lm~act
-I-
Present status of civil authority.
( CO:
1
Present status of Civpol relations
Problems outside the Camp
involving Canadians will have
to he handled on a case by
case basis.
and should consist of a
minimum
individuals
I
I
I
/
i
Requirement for NIS on call from
Canada.
/
I
I
I
Essential to have people
available on short notice to
deploy when required
I additional resources
I
I
Patroll~ngpolicy
I Any investigations conducted
1 by the NIS may require
Camp : MP are primarily
conducting access control to the
Adequate manpower is
available
Nil
I
I
Police Support to War
Crimes
Investigators: Any incidents
related to War Crimes will be
handled by the NIS
In the event that the CF will
be involved in War Crimes it
is likely that additional
resources will be required.
The CF will require forensic
assistance to properly
conduct War Crimes
investigations.
Specialist equipment: NIS must
deploy in theatre with the
necessary equipment to handle
normal cases of War Crimes
Current kit taken in theatre is
appropriate
Tactical Role
The NIS was able to deploy
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
be dispatched
the NIS
should deploy and be readily
available to the BG
commander
Criminal intelligence
is mandated to gather info on
Criminal Intelligence
s.15(1) s.21 (l)(a)s.21 (l)(bk.21(l)(c)
[Keatre:
Camp Kandahar, Afghanistan
tL
Subject
/
I OPERATION:
I OP Apollo
Comment
I
i
Local political/religious
sens~t~vities
requiring MP
I MP UNIT: 1
CAD assets
Observations
I
Impact
Personnel deployed normally
receive cultural briefings to be
I
Non-lethal: Handcuffed and
pepper spray
Equipment is sufficient
I
I
Available friendly organisations
C2
Key MP responsibilities
US Forces
BG CO
Access control to Canadian
camp
Jurisdiction limited to the
Canadian Camp proper
c
OPS
Coverage
I
I
Liaison
Medical
Nil
CF wersonnel
EOD
Helicopter
CF personnel
Recovery
CF
i
j
i.
-
-
was available from
the BG if required
None
I Nil
I
Emergency - blue light
I Capt
I
adequately armed
HN Police support
I CO:
I
I
Any situation involving CF
personnel outside the
Canadian camp would
require negotiation on a case
by case basis with the
applicable authorities
Nil
1 Theatre:
I OPERATION:
( MP UNIT: 1 CAD assets
1 Camp Kandahar, Afghanistan I OP Apollo
Comment
Police .Audit (see
separate report if
I Capt
Observations
CF
Engr
I
1 CO: C
Conducted by PM JTFSWA
required)
SECURITY OPS
Threat environment
I Terrorist
I Varies bw High and Medium I No incident which had an
impact on the Camp was
reported
I
HN provisions
1
Sabotage
Espionage
Protest
Links with criminal oras
Perimeter security
Defensive securitv
Access control
Screening of local vendors
Response force
Equipment
Fencing and lighting
Weapons
I Reliabilitv
I
Nil
Nil
Nil
Nil
I
I Nil
I Nil
I
I Nil
I
Nil
Nil
Nil
Yes
Unk
I
I Good
I
Aircraft
Perimeters
Buildings
OPERATIONAL SUPPOI
Mobility Support
Threat to movement
Traffic control duties
Route details
Major critical points
Major road moves
Routine movement
Nil
See airfield
I Nil
I Nil
I Nil
I Nil
Nil
Driving conditions were
extremely poor and
dangerous since the AOR
Support
incarceration facilities.
I
1
I
I
-1
Answerability & Accountability
any PWs.
Application to Policy on
Prisoners of War, Detainees,
Interrogation and Tactical
Questioning IAW B-GG-005004lAF-003
Critical to maintain accurate
records
0
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
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 1IFP-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
The purpose of this SOP is to ensure a consistent application of the rules and procedures
1.
surrounding the handling of detainees and prisoners of war (PW).
This SOP has been divided into seven parts providing essential information unit COs and unit
2.
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
The CF Code of Conduct (ref D) provides guidance to all persons on the treatment of
4.
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)
JTFSWA SOP ? - 1/15
steel helmet, respirators, uniform and equipment, ground sheets, identity
tokens, badges of rank, watches and jewelry or cigarette cases; and
RELEASED UNDER A l ~ INFORMATION
.
UNCLASSIFPE~"*
'
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
(b)
C.
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:
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.
Detainee Treatment Card. Annex G has been prepared to provide CF personnel with a quick
7.
reference card as to their responsibilities in the handling of DetaineeIPW.
Searches. DetaineesIPW will only be searched by persons of the same sex. DetaineesIPW may
8.
only be searched by a guard of the opposite sex when such search is necessary for security reasons.
Mechanical Restraints. Will only be used if necessary andlor when moving DetaineesIPW out of
9.
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.
FeedingIProvision. DetaineesIPW will be given a drink of water at least every six hr within the
10.
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.
11.
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.
Wounded DetaineestPW. Evacuation through normal medical channels and become the
12.
responsibility of the medical services. DetaineeslPW will be provided the same care as allied wounded
but will be kept segregated if possible.
DetaineeIPW Holding Facilities. In most instances, arrangements for prompt evacuations of
13.
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
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
escorts can be arranged for the evactiation. In those instances, the following temporary facilities may be
required:
14.
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.
Two persons, preferably MP, are capable of supervising DetaineeiPW for twelve hours.
PART 4 - STATUS DETERMINATION
Not all persons falling into the hands of the CF become PW or are entitled to PW status. Article 7
15.
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.
Apart from uniformed combatants, the five categories of pers who may be entitled to claim PW
16.
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
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
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
18.
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.
Individuals granted PW Status by a unit CO must be provided with the Summary of Geneva
19.
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.
DetaineesIPW will be evacuated from the point of capture to the nearest CA MP or, when
2 1.
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
Persons captured or detained by the CF for a criminal act who does not meet criteria to be
22.
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
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
b.
c.
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
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.
Direction on the disposition and international transfer of civilian in custody to hostlforeign
24.
national authority will be provided in ref F.
Transfers of detainees having committed a criminal act shall not be approved by the CO in the
25.
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
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
ANNEX A - DETAINEE STATUS DETERMINATION CHECKLIST
QUESTION
1
Does the detainee have distinctive
military signs?
2
Did the detainee carry weapons
openly?
3
Does a superior command the
detainee?
4
Was the detainee accompanying a
military force that meets the
requirement of para 1,2 and 3?
5
Was the detainee accompanying a
military force that meets the
requirement of para 1,2 and 3?
JTFSWA SO]' ? - 611 5
Y ES/NO
NOTE
To be granted the status of
PW, all 3 of these
requirements must be met.
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
ANX B
- PW TAG
/
/
PART A
ATTACH TO PW
\
\
I
I CAPTURE SEA NO OF TAG
DTG OF CAPTURE
REMARANKS:
INCLUDE ANY INFO WHICH MAY ASSIST THE INT EFFORT,
E.G., CIRCUMSTANCES OF CAPTURE. ASSOCIATED PW
CAPTURED AT THE SAME TIMWLOC, PW UNIT, ETC.
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
ADD COMMENTS OR REMARKS, AS REQR.
DTG OF CAPTURE
LOG OF CAPTURE
PW NAME
PW RANK
PW SN
PW DOB
PW NATIONALITY
POWER SERVED BY PW
PERFORATION)
CAPTURING UNlT
PART C
(Reinforced Section)
CAPTURE SER NO OF TAG
ATT TO PW EQUIPMENT OR DOCS
DTG OF CAPTURE
LOC OF CAPTURE
PW NAME
PW RANK
PW SN
PW DOB
PW NATIONALITY
POWER SERVED BY PW
CAPTURING UNlT
ENSURE ALL DOCSIEQUIPMENT ARE SECUR IN ONE
PACKAGE MARKED WITH X IN BOX BELOW, IF, OF
PARTICULAR INT IMPORTANCE.
I
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
ANNEX C -- DETAINEES/PW PERSONNEL RECORD
EXAiMPLE PRISONER OF WAR PERqlINWEL RECORD
JTFSWA SOP ? - 8/15
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
--+
----
.
IPSrERbdUEIVT S F l t R L NUMmtr"
------33
,.
MEMCAL WEWRDB
a IMMUKIIUTION &ac:erpratlmand 1mrai4Xions) - WlTN M E 3
-
DEFECTS WiTM DATES
c. &$ITSE)&QMP
----
---
S
I W R W t s N T EMROYMEM QUALIFICAT)QXI
38
SPlOU3 OFFENCES, PUNISHMENTS dBJD F;SeA&ES - WETW DATES
LIX
--
&
.-
i
II%L--
I
--7
f
a= RE;aSyX(
1
-,.
e?,
mE
--
..,
i
,
'-
e . W"E
--------I
mmw-..-
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FkNANCIAL STATUS AT 3ME OF WEPATR1ATIDN
-- -
-<
-
a CERTIFGATE M;C%Cld"F EIAUKE
b P-%G;$hT 'hJ FIGUS%
I
I
lSSUED TO PW lhouna m uuord-ds)
-. ~---
i
--
-,-
e LQCA
"
-A
-
JTFSWA SOP '! - 9/ 15
--
G
DATE
1'
1
i
"
-4
--f
,,,
--A
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
'rvtffE
E m IS OROGWa, GREEN COPY
PAKT lid - TO
f '?a
LAST M&ME
BE COMPl-ETED
fae
FkRIS"Y NAMES
'I
1%
18 OdPr~tG.w?%;
---.
" "--
AT Tt1V.E W iJ-f
A"--
SSiwG
GWEmYK
14
E h E W SEE'&EE
~2
B
7
DATE CX GAWbFE
I
7
i
According to the Geneva Canventian, a PW may only be
NOTE:
required tirpive his surname, first name and rank,daie i3f birth and senrice
t~urnber.
liNSTIREfCTIONS FOR THE PREPAMT1CfN OF TilE W;5'
PEWONNEL KEC'OKD
Paras I and If of the Prisoner of War Bcr~2nnetRecurd s r s t ~ he
r
preparcd in duplicate, using [he white copy as r he origr~aland ahe grccn
as tht. duplicate.
1.
2.
a a y p e ~ ~ iis~toc rbe used whcnewr passihlc; failing chis. the ft3r-m
is lr3 be c~~rnpiled
in hlt~ck:lctters by hand.
7
All parts of the green copy are tcr br: f c ~ ~ a r d to
c dthe Pri~sner06:
War Information Bureau, if esiahlished. If rriit, arrangements shoaid k
made through Red Crass crr a n d h e r a$?prilprialt.organisation.
Parts I an$ II of the whits: copy are ti1 tlcctsmpatiq- flab Phi"
4.
a hrc~ughr~uthis in! crnmmncnt, including baading aver between aflicd
p$l\\8crs*
JTFSWA SO]'
!'
- 10115
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
(CAPTURE
CARD F O R PRISOMER OF WAR
CAP7UWE CARD FBR PFf&?3NER OF WAR
WPQRT&T
j 5. &?a a l birlPr
(. WBW
1
3. Firsl miles (11) l ~ l i j
2. Name
I
t
................................
4
h r s ! t&x-+eeiMhe*
ti. f21acear brtth ...-...-......,-.
--..-,...,-.*,..
............ ..................................................
''e*U'S'*
.A,=8.&.-.
R. SCMCCnumbor ...,-,.,.,.,..,,.,..v.,.,~,.~~,
5 Addrew d newt ol Mil
~ ~ - t . . . t . , , , , ,
:
.-.-,--,...a,<,
,,.,,,,,,,,,
..........,...-...-.. ....,,......-....-...........-....-..-.............-.
.
,.-*?
,,,,,.,.,,,,,,
.
L
'2 0.
Taken pnm?e.07. (OI'
C~nir'ty!run9(6;rrwNo., !?oapildl,elc: ....--....-.............-.----...-.....-.--
'r
q,
:ill G P O hcdltq
~
- {Dl
(0,:qi3-4
t.lOt.#t~dP%kSd
- {c) R ~ o ~ i ~(8)
9 6C-W ~ + % ~ ? .~ I *
,fi Sll~Mlybrfltrndrtd
JTFSWA SOP ? - 1 1!15
(Q;
&nreoilxly wwrnrlari
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
ANNEX D - COMIVION CAPTZiRE REPORT (COMCAPREP)
1 . I'urpose. To report the capture of en PW, CED and/or CEE:
A
Capturing unit designator (1)
B
C
Date-Time Group (DTG) of capture
Loc of capture
D
1 Numbers of PWs by rank category (2)
2 Officers
3 Non-Commissioned Officers (NCOs)
E
4
Other Ranks (ORs) Civilians (3)
1
Wounded PWs by casualty typelcategory
2 TYPe(s)
3 Stretcher
4
F
Sitting
Walking
1 Document(s)
2 Quantity
3 Nationality of origin Category - book,
codes, chart, letter, map,
etc
G
1 Equipment(s)
2 Type(s)
H
3 Quantity
Markings
1 Points of interest, e
.
a. Circumstances of capture (4)
b. Evacuation intentions - where, when
and by what means,
--
7
NOTES
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.
3. Incl supporting civilian.
4. Incl the dir in which the PWs were heading if on the move.
JTFSWA SOP ? - 12/15
,.
0,
RELEASED UNDER A'IA. INFORMATION U N C L A S S ~ F ~ ~ " C ~ ~ '~ " "
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
ANNEX E - DEThlNEESIPWlCIVILIAN INTERNEE STATUS REPORT
FTwW--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)
OFFR
(a)
MALE
(b)
FEMALE
(2)
NCO
(a)
MALE
(b)
FEMALE
(3)
OTHER
(a)
MALE
(b)
FEMALE
2.
INT
a.
(no of pers by each category delivered to and received from int channels)
3.
MED: (no of pers by each category transferred to and received from med channels)
4.
DESERTERS: (spec handling and noteworthy data)
5.
CIVILIAN INTERNEE: (as per para 1 and indicate if internees have inte or political info
that could impact on the combat msn)
6.
RETAINED PERS: (as per para 1 and indicate what specific critical skill the pers has,
which justifies the status)
t
Notes
Freq of Report: Daily as at 0001 h r (zulu) to JTFSWA PM.
Reporting Means: TITAN.
I
Secur Classification: Confidential or higher based on content.
JTFSW4 SOP ? - 13/15
1
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
.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)
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)
4.
You will be removed from dangerous areas as soon as possible and will be guarded so that no
5.
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)
You will be sup with food and potable water sufficient in quantity and quality. Your captor will
8.
consider any dietary reqr due to your racial, religious or environ reqr. (20,26)
Your pers docs and effects may be removed temporarily but will accompany you and be returned
9.
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)
11.
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)
You will be allowed to receive correspondence, plus parcels, and send at least two letters and four
12.
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
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
Annex G - DETAINEE TREATMENT CARD
DETAINEE TREATMENT CARD
I/
I
THE ENEMY IN YOUR HANDS
AS A MEMBER OF THE CANADIAN FORCES YOU WlLL
COMPLY WITH THE GENEVA CONVENTIONS OF 1949 TO
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
I
'
IT IS IMPERATIVETHAT YOU PROPERLY TAG ALL
DETAINEES.
THE TAG MUST CONTAIN AT A MINIMUM, THE
FOLLOWING INFORMATION:
- DATEJTIMEOF CAPTURE
- 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.
DETAINEE TREATMENT CARD
I
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.
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
The TAV to TFSWA took place between 13-2 1 June 2002 with 7 days actually
1.
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 .
Following the 1 1 Sep 0 1 major terrorist attacks in the United States
3.
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.
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.
4.
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-~- o n sLIP arc ~t 3 pr~rnnryI 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:
Overview: The MP is primarily providing access control to Camp Kandahar.
7.
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.
Police Operations: The MP has primary jurisdiction in Camp Kandahar proper
8.
including the conducting of investigations. Liaison with nearby civilian police in nonexistent 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.
Security Operations: The emphasis for this mission was concentrated on the
9.
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.
Operational Support: The MP is providing good support to the BG including in
10.
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.
IYIS Support: As a result of the type of ops conducted by the BG the potential of
1 1.
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 ~ . , ~ ~ -
m y rnisslon ot t h ~ s~nagnltuciehavlng the potentla1 o f handling PWb or
I)etainees should h ~ vatn ~ t staffan
s
otficcr (T'lpt) as acfvlsor to the F3C; (_ ( 1
.I.
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 be
~ S ~nltlated
~
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
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
5er.mVice Chief of the Defence Staff
1+1
Defense
E$Z.Lationaie
Vice-chef d'etat-major de la Defense
Canad'!
4
1
,
1
_
*
,
RELEASED UNDER A'IA. INFORMATION U N C L A S S "I ~ ~ ~ ~ ~ ~
-
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LA1 RENSEI
MENTS NON
s.
s.21(l)(a)
wb
s.21(l)(b)
Sep 02
s.21(l)(c)
DCDS
MEDIA RELEASE ISSUE
/vr@O
Enclosed is a BN and iMer from the CDS to the Minister responding to the
1.
Minister's query on the status of persons recently taken into custody and
recommendations for a media release.
The BN and letter outline the difficulties in ascertaining accurate personal
2.
. The recommendation not to make-a media
information
. .
announcement p w d q w g the success of the Canadian led mission is based on
current DND practice
\
~ v c ) A d t h L
d
On 24 May 02 there was a media release in response to a CBC news
3.
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. -
I recommend that the DND media strategy continue to be reactive.
4.
For your concurrence.
J.J. Gauvin
Cmdre
COS J3
SECRET
f
I
s.21(l)(b)
s.21(l)(c)
The Minister
STATUS REPORTPERSONS CAPTURED
w
1.
Find attached a briefing note, which provides an update on the status of C&&+
~4
persons detained
f & - ~ u / ac
4
_a___
,
1
$ UrJd
.
!
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
challenge to the Coalition in attempting to ascertain all of the facts when persons W
.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.
I am available to discuss this important issue if you wish.
' R.R.
Henault
Gen
CDS
Encl: 1
SECRET
/ I d
.
DIVULGUE EN V
CLASSIFIES
E
~ LA1 RENSEIGNEMENTS
A
NON
s.15(1)
s.21 (l)(a)
s.21 (l)(b)
s.21 (l)(c)
The Minister
STATUS REPORTPERSONS CAPTURED I
Find attached a briefing note, which pro\~idesar? update cn the status of
1.
persons detained
Details of the individuals captured by Canadians are being forwarded to D
2.
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
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..
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s:15(1)
BRIEFING NOTE FOR THE MINISTER
s.21(l)(a)
s.21(l)(b)
s.21(l)(c)
SUBJECT:
- CAPTIVE DISPOSITION
ISSUE
To provide an update to the MND on the status okrecently oaetafed
1.
and to pro'vide information on the
7
1
Coalition media release policy.
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~neduntil 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
112
SECRET
DIVULGUE EN A
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LA1 RENSEIGNEMENTS NON
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SUMMARY
Details on the captured individuals are sketchy at this time and updates
5.
will be provided once new information is known.
6.
The current
Coalition and Canadian policies.
media policy is in keeping with both the
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 U N C L A S S I F ~ ~ ' * ' * '
,,
--
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
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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
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RELEASED UNDER A'IA. INFORMATION U N C L A S S I F ~ " C ~ "' " ' ~
DIVULGUE EN VERTU DE LA LA1 RENSEIGNEMENTS NON
CLASSIFIES
From:
Sent:
To:
Cc:
Subject:
To all,
Cooper Col DA@VCDSCFPM @Ottawa-Hull
Monday, May 10,2004 10:15 PM
Fraser Maj J @ 1ASG HQ@Edmonton;Piper Capt MG@VCDSCFPM
RM@Ottawa-Hull; Giles Capt MD@VCDS CFPM DPM Police@Ottawa-Hull;
Tremblay LCol S@VCDSCFPM 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@VCDSCFPMQOttawa-Hull; Gagnon MWO
JR@CFSPDB@Edmonton;Egglefield Maj JYD@VCDS CFPM DPM RM
@Ottawa-Hull; Forsythe Maj B@VCDSCFPM DPM PC@Ottawa-Hull;
Trem blay Lt(N) ML@X-DCDS1 @OpATHENA; Audette Maj
MG @ADM(PA)@Ottawa-Hull;Apostoliuk Capt HAB@ADM(PA)@OttawaHull; Brunner HR@ADM(PA)@Ottawa-Hull;Carey LCol SM@VCDS CFPM
DPM PS@Ottawa-Hull;Guilbault CWO G@VCDSCFPM@Ottawa-Hull;
Galway CWO FJ@1CAD PM@Winnipeg
RE: Media interest in PW issue - CF policy/doctrine on PW handling
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@OttawaHull; 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.
,-.-4
1
1
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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
1-780-973-4011 ext 4576
-----Original Message----Piper Capt MG@VCDSCFPM RM@Ottawa-Hull
From:
Monday, 10, May, 2004 07:38AM
Sent:
Giles Capt MD@VCDS CFPM DPM Police@Ottawa-Hull;Tremblay LCol S@VCDS CFPM DPM
To:
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
Morris JP@ADM(PA)@Ottawa-Hull; Calder JEE@ADM(PA)@Ottawa-Hull; Wilson Maj
Cc:
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
s, 5(1)
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
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
(613)945-7259
CSN 849-7259
FAX Unclas (613) 995-4038
Clas (613)945-0236
RELEASED UNDER A'IA. INFORMATION U N C L A S S I ~ ~ ~ " " " - '
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-----0nginal Message----From:
Giles Capt MDOVCDS CFPM DPM Police@Ottawa-Hull
Sunday, May 09, 2004 10:28 PM
Sent:
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@VCDSCFPM 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@VCDSCFPM DPM RM @Ottawa-Hull; Forsythe Maj B@VCDS CFPM DPM
PC@Ottawa-Hull; Tremblay Lt(N) ML@X-DCDSl@OpATHENA; 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,
CFPM P A 0 .........3.
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~onalDefence Headquarters (Ottawa)
613.9450522 (off~ce)
613.293.8355 (cell)
Intranet: http://vcds.dwan.dnd ca'cfpm/intro_e.asp
Internet: www.vcds dnd.calcfpm/intro-e.asp
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