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1、 Department of Defense DIRECTIVE NUMBER 3115.09 October 9, 2008 USD(I) SUBJECT: DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning References: See Enclosure 1 1. PURPOSE. By the authority vested in the Secretary of Defense under titles 10 and 50 of the United States Code
2、 (U.S.C.) (References (a) and (b) and Executive Order 12333 (Reference (c), this Directive: a. Reissues DoD Directive 3115.09 (Reference (d). b. Consolidates and codifies existing DoD policies, including the requirement for humane treatment during all intelligence interrogations, detainee debriefing
3、s, or tactical questioning to gain intelligence from captured or detained personnel. c. Incorporates and cancels Under Secretary of Defense for Intelligence (USD(I) Memorandums (References (e) and (f) and Deputy Under Secretary of Defense for Counterintelligence and Security Memorandum (Reference (g
4、). d. Provides classification guidance to protect intelligence sources and methods, including the identities of interrogators, detainee debriefers, interpreters, other interrogation support personnel, and detainees who are subject to interrogations and debriefings. e. Assigns responsibilities for in
5、telligence interrogations, detainee debriefings, tactical questioning, and supporting activities. (See Enclosure 2.) f. Establishes the requirement to report violations of applicable law or policy relating to intelligence interrogations, detainee debriefings, or tactical questioning for which there
6、is credible information. (See Enclosure 3.) DoDD 3115.09, October 9, 2008 2 2. APPLICABILITY. This Directive applies to: a. OSD, the Military Departments, the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of D
7、efense (DoD IG), the Defense Agencies, the DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the “DoD Components”). b. DoD military personnel, DoD civilian employees, and DoD contractor personnel, to the extent incorpo
8、rated in their contracts, who conduct or support intelligence interrogations, detainee debriefings, or tactical questioning. c. Non-DoD personnel who agree, as a condition of permitting them access to conduct intelligence interrogations, debriefings, or other questioning of persons detained by the D
9、epartment of Defense, to comply with its terms. d. Law enforcement and counterintelligence personnel who conduct interrogations or other forms of questioning of persons in DoD custody primarily for foreign intelligence collection purposes. Law enforcement and counterintelligence personnel who conduc
10、t interrogations or other forms of questioning of persons in DoD custody primarily for authorized purposes other than foreign intelligence collection shall comply with paragraphs 3.a. and 3.b. of this Directive and any other laws and policies that apply to law enforcement or counterintelligence inte
11、rrogations, respectively. 3. POLICY. It is DoD policy that: a. No person in the custody or physical control of the Department of Defense or detained in a DoD facility shall be subject to cruel, inhuman, or degrading treatment or punishment as defined in title XIV of Public Law 109-163, also known as
12、 “The Detainee Treatment Act of 2005” (Reference (h). Acts of physical or mental torture are prohibited. All intelligence interrogations, debriefings, or tactical questioning to gain intelligence from captured or detained personnel shall be conducted humanely, in accordance with applicable law and p
13、olicy. Applicable law and policy may include the law of war, relevant international law, U.S. law, and applicable directives, including Reference (h), the U.S. Army Field Manual 2-22.3 (Reference (i), or other authorities. b. All reportable incidents allegedly committed by any DoD personnel or DoD c
14、ontractor personnel shall be: (1) Promptly reported as outlined in Enclosure 3; (2) Promptly and thoroughly investigated by proper authorities; and DoDD 3115.09, October 9, 2008 3 (3) Remedied by disciplinary or administrative action, when appropriate. On-scene commanders and supervisors will ensure
15、 measures are taken to preserve evidence pertaining to any reportable incident. c. Reportable incidents allegedly committed by non-DoD U.S. personnel or by coalition, allied, host-nation, or any other persons shall be reported as outlined in this Directive and referred to proper authorities (e.g., o
16、ther U.S. Government, allied, coalition, or host-nation authorities) for appropriate action. Any additional DoD investigation of such incidents will be conducted only at the direction of the appropriate Combatant Commander, the DoD IG, the USD(I), or higher authority. d. Intelligence interrogations,
17、 detainee debriefings, and tactical questioning shall be conducted in accordance with applicable law, this Directive, and implementing plans, policies, orders, directives, and doctrine developed by the DoD Components and approved by the USD(I), including the following requirements: (1) Training and
18、Certification. DoD intelligence interrogations shall be conducted only by personnel properly trained and certified to DoD standards. Detainee debriefings shall be conducted only by properly trained and certified DoD personnel or properly trained and certified DoD contractor personnel. At a minimum,
19、personnel who conduct, support, or participate in tactical questioning shall be trained in the law of war and humane treatment standards. (2) Approved Interrogation Techniques. No person in the custody or effective control of the Department of Defense, detained in a DoD facility, or otherwise interr
20、ogated by DoD military personnel, civilian employees, and DoD contractor personnel will be subject to any interrogation treatment or technique that is not authorized by and listed in Reference (i). (3) Interrogation of Segregated Detainees. Detainees may be segregated from other detainees for purpos
21、es unrelated to interrogation, including administrative, health, safety, or security reasons. Although segregation may not be requested or conducted for the purpose of facilitating interrogation, interrogators may interrogate detainees who have been properly segregated. (4) Restricted Interrogation
22、Technique of Separation. Interrogators may employ separation as a restricted interrogation technique during the interrogation of unlawful enemy combatants in accordance with Appendix M of Reference (i) and as specified in Enclosure 4 of this Directive. (5) Survival, Evasion, Resistance, and Escape (
23、SERE) Techniques. Use of SERE techniques against a person in the custody or effective control of the Department of Defense or detained in a DoD facility is prohibited. (6) Credibility Assessment Support. All credibility assessment examinations (e.g., polygraphs) used to support intelligence interrog
24、ations shall be conducted in accordance with the provisions of DoD Directive 5210.48 (Reference (j). DoDD 3115.09, October 9, 2008 4 (7) Non-DoD Interrogations. As a condition of having access to conduct intelligence interrogations, detainee debriefings, or tactical questioning of persons in the cus
25、tody or effective control of the Department of Defense, individuals representing other U.S. Government agencies, foreign governments, or any other non-DoD entity must comply with applicable DoD interrogation policies and procedures when conducting intelligence interrogations, debriefings, or other q
26、uestioning of persons detained by the Department of Defense. Individuals overseeing the conduct of non-DoD interrogations shall follow the requirements specified in Enclosure 5. (8) U.S. Law Enforcement and Counterintelligence Interrogations. Credentialed non- DoD U.S. Government law enforcement per
27、sonnel, DoD law enforcement personnel, DoD counterintelligence special agents, or federally certified polygraph examiners conducting interrogations, interviews, and other questioning primarily for law enforcement or counterintelligence purposes shall comply with paragraphs 3.a. and 3.b. of this Dire
28、ctive and any other laws and policies that apply to law enforcement or counterintelligence interrogations, respectively. DoD intelligence personnel are not required to monitor law enforcement or counterintelligence interrogations that are conducted primarily for authorized purposes other than foreig
29、n intelligence collection. (9) DoD Contractor Personnel (a) No DoD contractor personnel may conduct or support intelligence interrogations, detainee debriefings, or tactical questioning unless the contract specifies such support or activity and requires that such support or activity be conducted in
30、accordance with this Directive, applicable law, and policy. (b) All contracts for the conduct or support of intelligence interrogations, detainee debriefings, or tactical questioning will be drafted in accordance with this Directive, Appendix K of Reference (i), the Federal Acquisition Regulation (R
31、eference (k), and the Defense Federal Acquisition Regulation Supplement (Reference (l). (c) All DoD contract interrogators and debriefers shall be trained and certified by the Department of Defense as interrogators and debriefers in accordance with this Directive. Contract interrogators and debriefe
32、rs will also receive in-theater training on the supported units mission and interrogation policies before performing intelligence interrogations or detainee debriefings. (d) DoD contractor personnel who are trained and certified as interrogators in accordance with this Directive, and who are tasked
33、to perform intelligence interrogations pursuant to their contract, must be properly supervised and closely monitored in real time throughout the interrogation process by sufficient numbers of properly trained DoD military or civilian personnel to ensure that they do not deviate from their approved i
34、nterrogation plans or otherwise perform inherently governmental functions, in accordance with DoD Instruction 1100.22 (Reference (m). DoDD 3115.09, October 9, 2008 5 (e) Contract interrogators will submit an interrogation plan and receive approval from an appropriate DoD official (e.g., the commande
35、r, officer-in-charge, or DoD civilian employee responsible for supervising interrogations) before implementation. (f) DoD contractor personnel will not be placed in charge of interrogation operations or interrogation facilities. No DoD contractor personnel will order, oversee, or be charged with mon
36、itoring any intelligence interrogation, debriefing, or tactical questioning. (g) Contract interrogators and contract debriefers will operate only in areas where adequate security is available and is expected to continue, pursuant to Reference (m). (h) Contract interrogators serving with or accompany
37、ing U.S. Armed Forces in the field in times of declared war or a contingency operation are subject to the Uniform Code of Military Justice (UCMJ), pursuant to chapter 47 of Reference (a) and Secretary of Defense Memorandum (Reference (n). Contract interrogators employed by or accompanying the U.S. A
38、rmed Forces overseas who commit felony offenses are also subject to U.S. District Court jurisdiction, pursuant to chapter 212 of title 18, U.S.C. (Reference (o) (also known as the Military Extraterritorial Jurisdiction Act (MEJA), and, if the contract interrogator is a national of the United States,
39、 section 2441 of Reference (o). (10) Recordings of Intelligence Interrogations and Detainee Debriefings (a) The video or audio recording of interrogations of detainees for intelligence purposes is an acceptable method of documenting an interrogation session, but it is not required. When the capabili
40、ty is available, intelligence interrogations may be recorded for the training of new interrogators, the periodic assessment of interrogator performance, reviewing interrogation reports for completeness, re-assessing the veracity of sources during questioning, monitoring compliance with policy and pr
41、ocedures, documenting the interrogation environment, and other authorized purposes as needed and as stipulated in the local units interrogation policy. The decision to record will be made on a case-by-case basis by a commander in the interrogators chain of command or as stipulated in the local units
42、 written interrogation policy. (b) All recordings of intelligence interrogations, detainee debriefings, and other intelligence questioning shall be classified “SECRET/RELEASABLE TO” or “SECRET/NOFORN,” as appropriate, to protect the association of specific DoD interrogators, partner-nation interroga
43、tors, DoD debriefers, interpreters, and interrogation support personnel with the interrogation or debriefing of a specific detainee; to protect the identity of detainees who have cooperated with U.S. Intelligence, pursuant to section 1.4.(c) of Executive Order 12958 (Reference (p); and to safeguard
44、intelligence collection methodologies. These classified recordings shall be handled and protected in accordance with Reference (p) and DoD 5200.1-R (Reference (q). Only the USD(I) or his designee is authorized to declassify recordings of intelligence interrogations, debriefings, or other intelligenc
45、e questioning. (c) Once the purposes for which a recording was made have been accomplished, the recording shall be disposed of only in accordance with a disposition schedule developed by the USD(I) and approved by the Archivist of the United States, pursuant to chapters 29 and 33 of DoDD 3115.09, Oc
46、tober 9, 2008 6 title 44, U.S.C. (Reference (r) as implemented by section 1228 of title 36, Code of Federal Regulations (Reference (s). If a recording contains any credible evidence of a suspected or alleged violation of applicable law or policy, it shall be retained as evidence to support any inves
47、tigation and disciplinary or corrective action. Retained recordings shall be accounted for, controlled, and marked as required by Reference (p) for a finished document with declassification after 25 years. Information will be marked: “DERIVED FROM: DODD 3115.09; DECLASSIFY ON: DATE 25 YEARS FROM ORI
48、GINATION (E.G., 20330615)”. (d) A video or audio-recorded interrogation or debriefing may only be disclosed or released to representatives of a foreign government, either visually, audibly, or in hardcopy, in accordance with National Disclosure Policy No. 1 (Reference (t) and DoD Directive 5230.11 (
49、Reference (u). A disclosure decision may not be further delegated below the level of a Combatant Command or Defense Agency headquarters Foreign Disclosure Office. Before disclosure to a foreign government, proper consideration shall be given to the possible risk to the detainee and his or her family of disclosing that the detainee has cooperated with U.S. Intelligence. If a recording is released to another organization or to a foreign government, the original shall be retained. (e) Before a video recording is disclosed or released to any person or entity
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