~~(,JUsT:'i?lQF()n.."'r (U) AR 15-6 INVESTIGATION (U) REPORT ON THE FACTS AND CIRCUMSTANCES SURROUNDING (U) THE 8 SEPTEMBER 2012 DEATH OF DETAINEE (U) ADNAN FARHAN ABD LATIF (U) (lSN US9YM-000156DP) (U) AT JOINT TASK FORCE-GUANTANAMO (JTF-GTMO) EtJIJiQUQ~I",,--- (,;,.;.b~,;,.;.6).;.;.,(b,;,;.)(7)(,;,;.C. ;.) .... (U) INVESTIGATING OFFICER EU/JfOUO~ I (b)(6).(b)(7)(C) (U) LEGAL ADVISOR (U) 8 NOVEMBER 2012 CLASSIFICATION DERIVED FROM JTF-GTMO SECURITY CLASSIFICATION GUIDE DATED 5 FEBRUARY 2009 Classified By:l (b)(6).(b)(1)(C) Iinvestigating Officer Derived From: M@tlple Sources Declassify On: 10 years after completion ofdetention operations SECRE'F:RiOFORN 5ECRET/:?iorORii Table of Contents 1 1 1 2 3 5 7 9 13 16 17 18 22 27 29 29 35 37 38 38 39 39 SECReT/me fORN ~ Iii CnET.'/?iQfQR)' B. (U) Camp V. Detainee Hospital, Behavioral Health Unit.. 40 C. (U) Training. 40 D. (U) JOG Standard Operating Procedures (SOPs).. 42 1. (U) JOG Procedure #27: General Guidelines for Camp Operations. 42 2. flWFQlJQ) IDG SOP #53: Sally Pon Operations.. 43 3. (l:JA~9\J9) JOG Procedure #22: Wildlife and Pest Control. 43 4. ~;';'FeUe~ JOG Procedure #30: Detainee Camp Rules and Standards of Conduct. 44 5. (lJl/rQlJQ) IDG Procedure #34: Search and Inspection. . 6. (VI/rOUO) JOG Procedure #56: Line of Sight. 47 . 48 . 7. f1:1fsCrQW9) JDG Procedure #66: Medication Pass Procedures. 51 8. (lJ/JfQWQ) IDG Procedure #82: Detainee Death. 53 54 VI. (U) JOINT MEDICAL GROUP (JMG).. A. (U) Leadership. 54 B. (U) Training. 55 C. (U) JMG Standard Operating Procedures (SOPs).. 56 1. ttJ;'}fOUO) JTF-JMG #117: Medication Administration Policy.. 57 2. f1:1/JfOUo) JTF-JMG #60: Cardiac Arrest Procedures. 60 . (U) Part 2: FINDINGS. 60 (U) Part 3: RECOMMENOATIONS.. 70 ii SECRl;TIfN.OFORN (ll) Executive Sumnmry I. ('51 This Anny Regulation 15-6 Repol'! providcs the facts. findings, and recommendations of Ihe United Slates Southern Command (USSOUTHCOM) investigation into the facts and circumstances surrounding the dC& [::.: • • . (b)(6 )(7"C) (b;(3jl/\l~,'\:IcthC.-:> e 00 n e records. (Exhibit 24) ~Ib " (81Ib){7){C) 12 (~'/;q;8~8) Camps I, 11, III, and IV are no longer used to house detainees. 13 (U')f8~8) The details surrounding many ofthese specific moves, including the reasons the moves were made, are set forth later in the report. 14 (UOFetle) For security reasons, this report refers to IMG medical personnel and interpreters by their block names. Certain billets at JTF·GTMO, including medical personnel and interpreters. operate under "block names" for force protection. (Exhibits 114, lIS) IS ~'q;gJ!gJ A TBI may lead to brain damage to the frontal lobes (the part ofthe brain that controls personality), making the individual impulsive and aggressive. A cognitive disorder usually Implies problems with basic thinking, memory, and intellectual development (mental retardation or dementia, for example), thereby explaining some oftbe individual's behavior. The diagnoses ofISNIS6 evolved over the course ofhis detention at JTF-GTMO. (Exhibits lbX6).lb]t7)(C) 24,128) 3 10. (QlJfQQQ) Bipolar Disorder is considered an "Axis I" mood disorder, where the individual's moods swing either high or low. Accordingto the diagnosist in the case oflSNI56 t the most recent swing was to the "high" mood (mania) to the point that he lost some touch with reality (psychotic features). (Exhibits 24 t 128) 11. ~/~glJgl Borderline Personality Disorder (Borderline PD) is a considered an "Axis U" personality disorder. Axis II disorders are generally characterized by mismatches between the personality (basic way that an individual relates to the world) and society. As such, Axis II disorders are long-lasting and difficult to change. Individuals with Borderline PD generally are unstable in how they view themselves and in their relationships with others. They tend to view people very concretely (all good or all bad) but frequently and impulsively change their assessment (the previously all good person is all bad suddenly, and the previously all bad person is suddenly all good). They are impulsive, like to generate crises, and frequently hann themselves, classically by cutting to "feel something/' Individuals with Borderline PD are unstable in their relationships and try to manipulate people into divided groups, or set groups and individuals against each other. 16 (Exhibit 128) 12. ~))li'gQQ) Antisocial Personality Disorder (Antisocial PD) is another "Axis II" personality disorder. Individuals with Antisocial PD generally show a "pervasive disregard for the rights of others." They tend to be impulsive, aggressive, and reckless. As suc~ they tend to engage in conduct that society disapproves of, such as promiscuity and criminality. (Exhibit 128) 13. (lJ~gyg) In layman's tenns,all of these diagnoses translate into an individual that would be unstable in mood, personality and relationships." The diagnoses also mean that the individual would be "very difficult to work or live with" and would be "prone to impulsivity and to harm selfor others," generally living life from one crisis to another. (Exhibit 128) 14. fU/;-.!?urinJJleli~tiQJ1Sjbe..commlltee-consultedl--· !the JMG Behavioral Health Services (BHS) Ole and 11lJ(6~(llmC) p,sychiatrlst for ISNJ 56. (Exhibit 96) (b:(3):10 USC.S139!l, ~.e JlWQllQ~ The...casc..o£.lSNJS6-was so c&mplex..tha~·· .~ad scheduled a forensic psychiatrist consull A (ll)(6~(Il)i'l)(C) forensic psychiatrist bas expertise with assaultive behaVior and regularly works with correctional populations. ~1llllJ):10USC §130b 'ndicated that the consult was scheduled for 6-13 October 2012. (Exhibit 24) (llxilj.(bJ(1ltC) • I (bl(3I:10U:;RfJI>~-'IbJ(61.(bJ(1J(C) 5 SECRET.YN8f8ftfi hann attempts, involving choking, ingestion of inedible items, hanging, head-banging, and cutting.2° (Exhibit S1) 21. EW/JfQl:lO~ lSN 156 frequently made passive statements tQ (b}(3):10 usc §130b,(Il)(6),(Il)(1)«jasking to die, such as "I wish I could die here" and "you could find meds that would kill me!' ISNI S6 would also ask §1301l,(b)(6}.(b) prescribe a "suicide pill" to him so that he could die.1. :.._. ···1·····_· ... . indicated 1hat she advised ISN1561hat there was no such 1hing, and reminded him that she was there to help him.21 (Exhibits 24, 37) _.UlX3};JQ!"SC 1130b. (b)(6).(b)(7)(C) 22. ~'jq:euo~ Analysts noted that while at JTF-GTMO, ISN156 frequently wrote dark poems with suicidal themes, and wrote long letters to Joint Detention Group (JOG) leadership with quality of life complaints. ISN156 watched virtually unlimited television,22 and periodically moved from communal to single-cell environments to "take a break from the pressures of communal living." Analysts noted that triggers for ISNlS6 included perceived slights, noise during prayer call, pressures from communal living, and not being allowed to watch enough television. (Exhibit 51) 23. fQ'IfOl:lO~ Guards noted specific instances of misconduct and aberrant behavior by ISN156 over the course of his detention. One guard noted that ISNIS6 "had always done weird stuff" and noted that ISNI56 frequently (b)(6) (b)(6) IISN1S6 would also put a sheet around his neck like a cape, run up the wall, and do a backflip offthe wall. (Exhibits 6,14,29) I I . I 24. (lJI~OtJ~ The Cam V Officer in Char e OIC recounted incidents where ISNlS6 would (b)(6) She indicated that several guards placed written complaints about the (b)(6) • the complaint box in the Camp V break room. (b}(3cli£.~~~llb. ndicated that she raise t e Issue with the former battalion commander ofthe 525th Military Police Battalion at the time. However, no disci lin action was taken against ISN) S6 because "he was a special case." According to (b)(::J:)~~~~~Ob. the SOPs were "definitely not consistently followed" with respect to ISNlS6. (Exhibit 16) EU';;O' TO) One such instance occurred at Camp V or VI in 2008. An interpreter recalled ISNl56 approaching hint and saying something like "here, I could eat these pills if I wanted to kill myself" and showing him a fist-full of four or five pills. The interpreter indicated that the guard confiscated the pills from ISN 156. The interpreter indicated that he had heard ofother instances ofdetainees (including ISNlS6) hoarding pills, but the 2008 instance was the only time tbe interpreter bad actually seen a detainee produce the pms (fxhibit 2) 2\ ~\&;;QIro)I~NlS~~ to JIOS. patient with -: "f,.t.ern>1SNl56.bad.amm"-(bJ(3~10U~11H~1I ~twn~ul~lat!ODShtp..'W1 dicated that he often saw lSNlS6's sense of humor, with (b)(6),(b)(7XCI ISNl56 joking that all he wo ne to g out 0 GTMO was a boat and an island. and that he would not even need to go back to Yemen. (Exhibits 24. 37) 22 H;;OY9+ As discussed later in the report, ISNlS6 badl (b)(7)(E) (b}(7}(E) IaJlowed him to watch unlimited television. (Exhibit 48-B) 20 :"f:"Iy ="·<4·_·-- I e 6 SECRETJ/NOFOFL'. .__ {\llt3t~OUSC §130\l, .~~~;ob·lindicated that inJ (b)(7)(E) I ....... t--...,.~~~-~~--~=--'":"":"'":"":"---= (b)(7)(E) ..:;:;;=~ t ISN156 took a sheet outside with him to the recreation yard.llll)flll':,,~~:~~oll'lindicated that out ofconcern that ISN156 would be able to use the sheet to make a noose, she raised the lb)(3~tOU~S'30l1.._~S~Ai;Enj8)1--· lunderstood that ISN156 had unlimited recreation time. but (b)(8).11l:(711Cl does not reflect such a proVISion. (Exhibit 48-8) 46 IbX7JjEI,tIll(71lF1 ISN 156. ttt/.f!8b'e) 47 (b}(7){EI.(b)(7){F) noted above, there are no photographs reflecting I (bl(7l Later that same day, uncomfortable with the handl~n ofthe 'um ing incident the Let with the Senior Medical Officer .1 6'~ and discussed 11I 6 1 • issues re arding guard safety, clarifymg that anyone (guard or mIca cou ca a (b)(7)(E) (b)(7)(E) • (b)(7)(E) is used to indicate a detainee is committing self-harm in a particular location. (Exhibits 24, 47) (b~3~'OUSC.m.D. _night before, _n_ (t)(6),IllX7)(CI I I I I 55. fl.vJfQ~Q) On 2 August 2012 at approximatel 0610 hours, while in BHU Recreation Yard 2, ISNl56 told the NCOIC ofthe BHUIDH 1ll~::~~~Jrll, , that he wanted to speak to :b and the ole ofthe BHUIDH {b)(:~1~,~~~Jrb. ,along with an interpreter. ISNl56 told 1;~~6~~b~f (b)(3~10U~§lJOC.-I-!that if they did not arrive in the next fifteen minutes, there would be "big problems." • • 1ll)(6~lbJ(7XC) . 9 ISNl56 then started to (b)(7)(E),(b)(7)(F) (Exhibits 11, 17, 102) r I 56. (W/JfQWQ) At that poin 11l)(3);~~~~J~abAb ailed for extra personnel to come over from the DH, and instructed them to use interpersonal communication (IPC) skills to try to de-escalate the situation. Ibl(3);::~~b~~~~Ob.(b: also called the Joint Operations Center (JOC) to advise them of the (W/)fQWQ) The BHUIDH Ole recommended recommendation. 48 ( I (b){7){E) Iand COL Bogdan approved the ~WQ)Ir.:.::':"'---------(b-){7-)(-E-).(b-)(-7-)(F-)-------------- 13 8ECRETNNorORN 6EC:RET/J?iO F8R?f situation, and requested the Quick Reaction Force (QRF). Approximately four to five minutes later, the JOe dispatched thq:b)(7)(Eto the BHU. (Exhibits 11, 17) 57. EU/IfOUO) During this entire time, the guards continued to talk to ISN156 who eventualI (b)(7){E),(b)(7}(F) B then, accordin to (bJ(3~1: c §6~0ll·(b) (b)(7)(E).(b)(7)(F) u: F Also during this time, ISN156 continued threatening the guards with statements suc as 'you have five more minutes!" in broken English. (Exhibits 11. 17) 58. E\JIWQgQ~ Sometime after ()700, the QRF anived at the back gate. Upon seeing the QRF, ISN156 got more agitated, threatening that Uifthose people come in here, there are going to be big problems." ISN156 then stated that he did not have an issue with the uardforce and that he just wanted to speak to §130b'!'JX61.(b) ISN156 stated that ifhe could talk to §130~(bl(6}.(b) he would go peaceably back to his ce . E ibits 11, 17) (Y/,'i=8\oI8) The QRF initially tried to enter the recreation area (a small, enclosed area that is ad'acent to the actual recreation yards) througb the exterior gate but could n as ISNlS6 QbWbarricadC himself in. • os 0 I ~ :W6' d~;~~~iftl~Cred;~re~gard~~in~g~w~h~en~prec~isc~IY e arrived down the tier' (b)I~:I:I~5C§l~ ndicate t c was present uring the time that ISNIS6 was (b)(3~10 usc inOll._}.~~ktg9u~ whereas - .,- .leat the QRF did not arrive until after ISNlS6 had finished lashing out (bX6}.(bX7XC) ~Exhibits 11, 17) I n a telephone conversation with the Investigative Team on 24 October 2012, the JOG JOe ole (~ 6 . indicated that medical personnel assessed the guards and released them, as the guards suffered no rca p YSlca lnJunes. 50 ~ 14 §EeIW5Ts's'~;QrQRN ~EC~T//N9FOAN 61. El:",,'FOUO) ISNlS6 then (b)(1)(E),(b){1)(F) d into BHU Recreation Yard 2. The (bli3):10USC§13.1l!!....._~.b _ then restrained-ISN.156.~~-Nurs---·ntered BHU Recreation Yard 2 and administered (b)(61,(bJ(7J(Ci injections of emergency medications to ISNI56, and irrigated ISNI56's eye because he had been sprayed by OC spray. 53 ISN156 appeared completely compliant at this point. Th~ (b){1)(E) then moved ISNl56 back to his cell, where he slept for 12 to 14 hours. ISN156 was continued on line of sight observation and psych techs checked on ISN156 frequently throughout the day, common practice after administration of emergency medications.54 (Exhibits II, 17, 24) I 62. ~(JF9UO) As a result ofthe.L..:-_~(b)(1}(~E~).(b:..:){1.:...:)(~F) (b}{1}(E) for "Aggravated Assault on Staff" andL.... Damage to Property."ss (Exhibits 54, 55) I I a.:I:.:.SN:.:.:.;15::.:6:..:rec~e;:,;iv;.:ed.:.L_~(b::.:){7:;.)::(E:':')_.....J .;. (b);.;.{1,;.;,)(E. ;,) .....for "Major 63. (J WEOI IO~ Following thel (b}(7)(E),(b)(7)(F) ~ the JOG ordered an After Action Review (AAR). The AAR contained several recommendations, includingl (b)(1)(E),(b)(7)(F) (b)(7)(E).(b)(7)(F) ensuring that the Cultural Advisor be brought on scene as soon as possible, reinforcing proper use of brevity codes and their mean~in...gs~ _ (specifically, that at the BHU, the guard force have a lower threshold on calling al (b)(7)(E) because of the heightened risk ofself-hann by BHU patients), and enforcing adherence to SOPs. Specifically, "any deviations or changes to the SOP must be included in pass down notes and incorporated during SOP updates." (Exhibit 83) I I lbX3;r10USC.§j.~Q...-64..-(l:J/,q:OUo~I---·(b)(61.(b1(lJ(Cl lindicated that her concern was "not so much with the medical response . ,• • but the guard response." She expressed serious concerns about her ablhty to conduct medical operations given that it did not a ear to her that the guard force bad "sufficient ability to control I prevent incidents like this." §130b:lb)(8),(b) felt that the JOG senior leadership was very supportive of the medical staffduring the AAR, and the senior leadership instructed the guard force that 15 I I they were authorized to act in a crisis to protect other detainees and staff, without waiting for approval from the JOC. (Exhibit 24}S6 I. ttr/1F'8ti8) August-8cptember 2012 65. ~After the incident, gl~i1ll('I,(b)(7) ailed back to Portsmouth, Vir . .a to speak with the Psychiatry Specialty Leader for the Navy ~ (b)(6) ~. .t3Qb,,(b)(6l.tbl discussed with her the possibility of using a depot anti-psychotic medication (a once per month in'ection, rather than a daily, oral medication) to assist with managing ISN156's impulsivity. §130b.tblt6l.lbl ecalled that (b}(6) ~upported the depot injection idea. (Exhibit 24) I 66. @:J(~lJg) §t30b.(b)(6). discussed the issue with ISNI56, and he initially agreed to the de ot injection. ISN156 also began taking his medications again. On 2 August 2012, §130D.\1ll(&J.6.J(7) ordered several months of Invega (anti-psychotic) oral medications, as well as the depot injection.S7 (Exhibits 24, 95) 67. Ell/K8VO) Around this time Ramadan was coming to a close and ISN156was the only patient left at the BHU. 'l~1~g)'(b)(1) indicated that lSN156 was having fewer outbursts and incidents, and overall was doing well. ISN156 often complained that loneliness led to his "bad thoughts" and that be did not want to be alone at the BHU. On 9 August 2012,lSN156 was transferred from the BHU to the DH, for increased socialization with other detainees. (Exhibits 24,68) 68! (Uh'F8l:JO) §130~:lblt6Mbl 'ndicated that ISN156 did extreme1 well at the DH, and was getting a lot of support from other detainees at that point One day, 1~lb)(').(Il1l7 noted that ISNI S6 seemed "extraordinarily happy" in the recreation yard, singing, dancing and kicking a soccer ball. 'l3llll.U,l(6i.ibi (Il){3):10U~.§130b(.~-" ~oted that because ISNl56 had been diagnosed with bipolar disorder, she talked to him CIl116j.(b)t7)(CI regarding scaling back the Celexa medication, as the risk with anti-depressants is they can make a bipolar patient manic. (Exhibit 24) 69. On 21 August2012t ISNl56 started the oral Invega, an anti-psychotic medication. il~fD}(6Ub)(7J intended to increase the Invega and titrate ISN156 off the Zyprexa, his earlier prescribed anti-psychotic medication. (Exhibits 24, 99) 16 SECIHSTH?iOIiiOIUJ SECRE'fNN8F8R?, 71. fU.vr9TJ9~ On 31 August 2012, the Medical Ethics Review Committee detennined there existed an ethical basis for the JMG to administer the depot level anti-psychotic medication (Invega) to ISNI56. (Exhibit 96) 72. ftYJf9U9) The days went on fairly unremarkably, and on 5 September 2012, tl~~11~lb)l7J noted that ISNl56 seemed "much improved" on his daily oral medications, and appeared to be suffering no side effects from the oral Invega. The plan was to transition ISN156 to the depot injection. 13l111.1Ii)(81.lbl{7) noted that ISN156 said that he had written a letter to his lawyer asking whether he thought that ISNI56 should take the injection.62 (Exhibit 24) J. (QlJl'QY~ Events of 6 September 2012 73. tu/lrSH9) On 6 September 2012, the Senior Medical Officer (SMO) dlbX3J:10USC5130b.lbXO).lb)(7)(Clt and l3Ob.\tiliGMb1l7 talked to COL Bogdan, the IDG Commander, about moving ISN1S6 back to Camp V Delta communal) block.63 They agreed that ISN156 would move on 10 or II September 2012. 11~%1(6',(b.'(7) discussed the matter with ISN156, who seemed happy about the plan and even I asked which detainees were at Camp V Delta. (Exhibit 24) "~~~---------'"""":'=::--------------, (b)(7)(E) --- . ndicated at sea vocat ••eavmg ISNIS6 at Camp V, but was told that all detainees retume to elrl (01(1)(1:) l (ExhibIt 24) (bl\3l10USCJI3.0b 60 .ti'Ih!fel::l8~-"-- id not indicate what medication she understood ISNl56 was referencing. (Exhibit 24) Ib~f~~tgt,~li3~JUl.q;Q_Wg .•_-dicated that ISNIS6 had been drafting poetry in one form or another since his arrival at lb:t8UbX7;iCI JTF-GTMO in . ibit 24) Q «(;{;'f8t;8) From the dates in DIMS, it appears that this may have been the letter ISNI S6 attempted to send to his attomeyon 7 September 2012. Because NCIS and OGC have not yet detennined whether the letter is covered by the attomey-eQriv' ege, as discussed above, the Investigative Team has nat R • ' . i't 63 Ibl(3);10USC§'UllD.~'U'/iO!IO - .. -" ad talked to ISN1S6 earlier about leaving the DR. B o ' were (b)(8).(bX7)(CI concerned that • which is entirely communal, would be too much stimul Ion or 6 reluctantly agreed. and appeared open to the idea ofmoving to Camp V Delta (communal) block. (Exhibit 24) (blt31:10USC,j130D.._... _.' lIl;(ill.lbj7l(Cl would be 17 SECAE'F/INQFQRN SECRE'f//NeFe~N 74. El:W1fQHO) Later that same day, on 6 September 2012, however, ISN156 began spontaneously yelling and kicking, and threw his portable urinal thereby splashing a guard.64 Another detainee, (bX6) attem ted to intervene and asked ~1:JOIl:tbl(G),(Il) not to request discipline forlSN 156's infraction. (b)(6) offered to talk to ISN1.56 a out not splashing. ISN156 took his night dose ofRemeron (anti-depressant) that night (Exhibits 24,28) 75. (I IlWQI IQ~ About 2200 that night, ISN156 was demanding his urinal back, and sprayed several guards with urine from flip-top water bottles. He threatened that if he did not get his urinal back, he would keep splashing. ISNlS6 also defecated on a paper towel and threatened to throw feces unless he was able to speak to a linguist. fI3OllIb)18),\bX7J indicated that she yiewed this as a"guard management issue" and not a medical issue. ISNlS6 finally quieted down around 0400, the morning of 7 September 2012. (Exhibit24) K. (tilIt'8ti8) Events of 7 September 2012 76. EUNfOU8} That morning, ISN156 refused his morning dose of Invega.65 Also that morning, ISN1S6 handed a note to the Watch Commander, telling him e note to the JDG X6 Commander COL Bogdan. In the note, ISNIS6 claimed tha 51 Cllfl ),(/l) was "rushing him towards death" and that she was the "cause of the problems in the detainee hospital.'066 (Exhibit 63) lbJ(3):10USC §1:m.--~~/;F.:ei!8t.Ilwas.nol.deer-tol·--· (1lj{6),(11)('111cl throw his portable urinal. (Exhi61t 24) 6S ~ether ISNIS6 inlended to splash the guard, or whether be just meant to fl;lJIF8(8) The morning dose for ISNlS6 was 9 mg, which was in two capsules - one 6 mg and one 3 mg. ~xhibit28) (t:Jl'lfetf6) The Investigative Team did not see the actual note but rather relied on a summary reflected in the DIMS Report for 7 September 2012. (Exhibit 63) 61 fW'lIf9U9) As discussed further in the report. there are spe<:itic SOPs governing medication administration. (Exhibits 46. SO) 18 fiE€RE1Y/P10FOR?1 6l::CRE'i'HNOFOFtPi decided to send ISN 156 to Camp V for discipline.68 The plan was to transfer ISN156 around 1500. However. based on ISN I56's erratic behavior the previous day. medical personnel and guards were concerned about telling ISNI56 about his pending transfer. They therefore decided to wait until just before 1SOO to notifY ISNI S6 ofthe transfer. Medical personnel and guards kept the movement team off the tier so as not to alert other detainees ofISNl56's pending transfer, (Exhibits S. 28) 80. EU//f8U8~ After prayer call around 1623, ISNI56 became increasingly agitated and repeatedly asked for another 30 minutes to pack his things. The guards and the medical team told ISN 156 that he would not receive additional time and that he needed to pack his things and be ready to move. At that point, ISN156 began ripping the magazine photos from his wall and threw a shoe and remote control out of the cell bean hole. Throughout all ofthis, (lI)(~~f)(71 was trying to calm lSN 156. (Exhibit 28) 6a ~/JFe~8~ Several ofthe cells at Camp V are designed for single cell detention. distinct from the communal cells on Camp V Delta (communal) block, where it was originally envisioned ISNIS6 would be transferred, The single cells are used to house detainees on discipline who meet certain criteria of the detainee disciplinary matrix. (Exhibit 41) 69 ~had been accompanying ISNIS6 through the camps in recent moves. He was considered a close friend ~f'i'SN'iS6 and one ofthe few peoplc who could calm him. (Exhibit 24) 70 f{:fh'f8t;8) Camp V houses several categories ofdetainees on its five blocks. One block is for communal. compliant detainees. Another block contains convicted detainees. and another block is used for single cell detention for those detainees disCjPI~ status. There was considerable discussion regarding where ISN IS6 would be (bX3):10 usc § 13Q11_.h.O!lRd .aLCamp..V_-_· dieated, for example, that ISN IS6 had "a lot ofbad memories" ofAlpha Block (Il)(6).(b")(7lI (b)(3):10 usc §130b.(b){6),(b){1}(C) lare both certified as Emergency Vehicle Operators (EVOs). (Exhibit 23) 98 ~tIiQ{JQ) (bJI~~;::'~~IJCb. explained tbat the NAVSTAHospital i 96 ~~~~_rlaining that there are usually no medical doc10rs at 1he BHUIDH on the weekends, I I ~U61 indicated he would have proceeded differently bad it been a weekday, as there would have been ... m.... ore=m...,.lca~Staff present. In the AAR, 1hc JMG recommended that in aU cases involving codes from Camp V, VI, and Echo, where ACLS is not available on site, the patient "should have [Basic Life Support] BLS initiated immediately and then be evacuated to the Naval Hospital for ACLS response." (Exhibits 32, 85) 26 SECll£TlRfOfOnPi SECRE'F/;,mFe.llN administered epinephrine and intravenous drugs, and continued life-saving measures. They declared ISN156 dead at 1448.99 (Exhibits 13,23,30) 114. fUHfOUO~ The guards understood their mission was to remain with the body oflSN156 at all times. At some point around 1543, NCIS, the FBI, and Combat Camera arrived to examine the body and take photographs. ISNl56 was moved to the X-Ray room around 1725. The guards escorted the body via ambulance to the morgue. (Exhibit 29) liS. fY/4'Q\JQ~ The next day, 9 September 2012, a team including a medical examiner, pathologist, and a Muslim Chaplain arrived at OTMO. The Muslim Chaplain's role was to care for the remains ofISN1S6 and prepare them in accordance with the Muslim faith. The Muslim Chaplain noted that the handling of the body was in accordance with the requirements of Islam. (Exhibit 127) M. (U) Timeline 116. fL'J4'Q\JQ~ Table 1 reflects key events in the timeline leading up to the death of ISN156, beginning with his transfer from the DH to Camp V on 7 September 2012. The information for Table 1 was compiled from several witness statements, DIMS reports, and medical records for ISNIS6. 119~~~f;6~b~~~' indicated that there was no response, no pulse, and no respirations from .JSNIS6 from lD ""---==---' entered the cell to the time they arrived at the NAVSTA Hospital. (Exhibit 23) 27 S5 eKE7::::0:--0 ::?: (lI) Table 1 - Timeline. ArlOroximatc Time 7 Sep 2012 1727 1738 1739-1800 1800 1925 2006 2018 2230-2359 8 Sen 2012 It),)):IO usc iUO~ lt1l6JOlJ(1)(Cl o,_1!!L.- -- 0600 /Il:O~IOUSC-.il~O' 1'Il~8UcJ(111CI -- \t:n l'USCJ1:ll' \c:Alllt};1)1C) (:AJl;10trSC i1JOQ... ~X81(:k111CI I03Q. - - 1200 t4QS_ 1416 1417 1417 1419 1420 1422 1424 Ib)(11 IEl 1448 1740 Corpsman-t . t leaves medications in ISN1 56 cell splnshbox - ISNI56 an~ to be as ce Shift change from night to day shift; ISNI 56 appears to remain asleep, misses oraver and breakfast dications to ISN156 buIISN156 Corpsman. \ ~~)~II'll;JC.>\l . Ptries to ad - - - still-in.solashbox-_ aooears to be as ee ; me Ications from Vcomes lor ISNI56 to go to recreation, but ISN156 _\\~atch Commander_Q appears to bc asleen . ISNI56 anocars to remain asleen _._indicatcs ISNI S6 breathing had become abnormal, and attempts to gain ISNI56's attcntion; ISNI56 unresooosive Watch.Commander f . h calls Code Yellow Team Ofll(!-,' guards cn cr.; ce I, allowed byl \ ~~,' ~~~¥ team secures ISN156; , ~~~'( -;;;,:,." •. assesses ISN IS6 and calls for nurse; l~:OI"'O usc J 110ll,ltX'UIlXlXCI I begin ocrfonninl! chest compressions withl' ,(tt~~"'l.-nC~ '. Iproviding rescue breaths b arrives and determines urther assistance is needed Re..istercd NutSe~Registered Nurse \D~~~l(b'f1!igo, is called lC~i~(fil ~b~.nlir.~v . ives an asscsses ISNI56: dctcnnines an ambulance is reouired Ambulance is dispatched ISN156 is seeured to buckboard Ambulance arrives !SN156 is loaded inlo ambulance and taken to BHU/DH Ambulance arrives at BHU ~.;~'~'f7" I . delennincs to send ambulance 10 NAVSTA Hosoital Ambulance deoarts for NAVSTA HosDital;l ,c'(i:'&\ll:~&)·'·loerformin2. basic CPR Ambulance arrives NAVSTA Hospital and ISN 15f1 taken IOto emergency room; emer~eney room doctors take ovcr ISN\56 is Ptonounc.cd dead ISNI56 body is transported to morgue - - 140S 1406 1411 1412 ISN156 stam move from Detainee Hosoital BED4·DH 10 Camo V ISN156 arrives Camo V Cell 5A 105 ISNlS6 floods cell ISN156 begins bancing on cell door, causine. a racket on Aloha (Lower) Block ISNI56 eats dinner- rice. beef. shrimo, SaUD, and aoole iuice ISNI56 speaks with AOIC about rcspeet issues; conversation ends with AOIC explainino: that it would take comoliance and resnect to remove the solashbox ISNl56 be 'ins alterin' cell and coverin' {b)(7)(E) with a food substance JSNI56 aooears to fall asleep , 0800 , Events • -- 28 SEcr:':':T.:7:0 FO ::.': ~;nl!OUSC5m~. 'txe;]'ll7~C) SECRET,"':-\GTeR~~ 11. (U) Listing ofISN156's Recent Prescribed Medications A. (U) Prescribed, As-Needed Medicutions 117. (b'HFOUO) Table 2 renec!s prescribed PRN 100 medications for ISN 156 beginning in 2010 through his death on 8 September 2012. 101 (uNFOUO) Table 2 - PRN Medications for ISN t56 (September 201 0 - September 2012). , Prescribed Stgn Date9 Sen 2010 9Sep2010 Tucks nads Sea Soft nasal spray 9Sep2010 Hydrocortisone suppository 28 Sep 2010 Proctosol - 21 Dec 2010 20 Feb 2011 18 May 2011 HibicJens wash Surra.1.:. SeroqucJ 23 Dec 201l Clotrimazole cream 1% 23 Dec 2011 Hydrocortisone crcam 1% 23 Dec 2011 Euccrin Cream 23 Dec 2011 Claritin Name of Medication Dosage I 1 nad, once a da '. at nil'ht 12 sprays each nostril, twice a day, as needed (for drv nasal pa~sap'es\ Per rectum, four times per day, as needed (for hcmorrhoids) Apply to rectal are\~wice a day, as needed (for external hemorrhoids As needed for lel'''~ 240 me, bv mouth, once a day. at nioht 50-100 mg, by mouth, three ti~)es per day, as needed (for anxietv or a ·itation Apply to afiected area, twice 11 day, as needed (for rash) (should usc for 1-2 weeks, i~l~ot efTective, rec uest nrovider annointment Apply to affected area, twice a day, as needed (for itching) (not to exceed four doses per week without doctor's review) 30 ml, apply to affectcd area, twice a day, as needed (for dry skin) (not to exceed four doses I ncr week without doctor's review) 10 mg, by mouth, once a day, as needcd (rhinorrhea, sneezing, watery eyes) (not 10 exceed four doses pt:r week without doctor's review) He 25% 100 ~...:,rr8T::i8) "PR!'>:'" indicates "as need..:d"' medications and items, and arc different from the scheduled, prescribed medications reflected in Table 4. 50l11e medications and items on the PRi"J Meditations Records arc "over the tounter" items (such as ice, lape, or Tucks pads), but sonIc require a prescription (such as Haldol, Percocet, and Tylenol with Codeine). In eilher case. a detainee could request PRN medications from a corpsman or nurse on an as needed basis, and so long as tl1e medic:ltion and request was consiSlent with what was reflecled in Inc PR.'N Medications Records for the detainee, lhe corpsm'lrl or nurne was authorized to dispense it. Accordingly, a detainee would not necessarily be taking all the PRN medic~tions at one time. The rRN Medications Records also contain a column where the corpsman or nurse indicates when a detainee took a particular PRN mediealion (sec Table 3, below). The information in Table 2 was compiled from PRN Medications Records for ISNI56. (Exhibits 50, 97) 101 (t"NfeUe, A reference of medical I phannneologiclIlllbbrevifltions and their meanings is included as Exhibil 117. 29 SEGRET::?iS:-"OR:: :EGF£T:,":orO:1:?i Dooag, Prescribed Name of Medication Stan pate 23 Dec 2011 Ce:pacol 23 Dec 2011 Pepto-bismol 23 Dec 2011 Tylenol 23 Dec 201 I Mylanta 23 Dec 2011 Milk of Magnesia (laxative) 23 Dec 2011 Zantac 23 Dec 2011 Robitussin 23 De<: 201 1 Ensure: 23 Dcc20ll 10, 29 Dec 2011 Zofran 29 Dec 2011 Tap<: 23 Jan 2012 Pereocet 25 Jan 2012 Flonase 14 Feb 2012 Naprosyn 14 Mar 2012 Atamx 25 Apr2012 MOlfin 1 lozenge, in mouth, every six hoUl'S, as needed (for sore: throat) (not to exceed six doses per week without doctor's review) 2 tabs, by mouth, four times per day, as nceded (for minor abdominal distress) (not to exceed four doses ner week without doctor's review) 650 mg, by mouth, every four hours (minor aches and pain, heaililche) (nO! [0 exceed two doses per day without doctor's order) 15-30011, by mouth, every six hours, as needed (for heartburn or indigestion) (not to exceed four doses [ler week without doctor's order) 30 ml with 8 ozofwater, by mouth, twice 3 day, as needed (for heartburn or indigestion) (not to exceed four doses per week without doctor's order) ISO mg, b)' mouth, twice a day, as needed (for heartburn or indigcstion) (not to exceed four doscs Ilcr week without doctor's revicw) to 011, by mouth, four times per da)', as needed (for cough) (not to exceed four doses per week without doctor's review) 1-3 cans, three times per day, as needed (nol to exceed four doses per week without doctor's review) Apply to affected area for 15 minutes, four times ocr day, as nceded (minor iniu~) 4 mg, by mouth, every six hours, as nceded, for five months (for nausea) Buddy tape right second digit to right big toe, for four weeks (for stabilitY due to iniurY) I lab, by mouth, every six hours, as nceded (for severe back pain) 2 sprays each nostril, twice a night (prior to enteral feeds) 500 mg, by mouth, twice a day, as needed, for for four weeks (for oain) SO mg, by mouth, once a dny, for ninety days I (for itch) 400 mg, by mouth, every six hours, for thirty davs oain) rio, la:: (t,0'!fQts'Q) There is also 1I laler stan dale for Percocet, 30 AugusI2012, for the same dosage but for "pain" as opposed to scvere back pain." (E..-rnibil 97) M 30 :::CRE. ,.:riO:-e:Ci SCCRE. :::-iorORN Prescribed Start Date 14 Jun 2012 u~ I Name of M~dicalion Dosage Bcnadryln. 14 Jun 2012 Ativen [4 Jun 2012 Haldol 25 mg, intramuscular, every eight hOlies jlS needed (WITH Haldol) (NOTlryl PRIOR TO ADMISTERING) lOS 2 mg, per ornl or intramuscular, every four hours. as needed (for acute an.xiety) (NOTIFY ----1-. - ·.tIllJl;IO usc ~m~ - PRIORCW ADM[NISIER~G) lIl':{J)'lO 19 Jun 2012 Triamcinolone 19 Jun 2012 Vaseline 1 Jul2012 25 Jul 2012 Lactosc·free milk Selenium shampoo 25 Jul2012 l llC> Senadryl 25 Jul 2012 Ativan 26 Jul2012 Haldol 29 Aug2012 29 Aug2012 Anifieial tears Erythromyclin ophthalmic ointment 31 AUl!2012 7 So 2012 Tvlenol with codeine Tylenol #3 - IPRIOR-TO__ -- - ADMINISTERiNG Orabase dental paste, at night, up to three times Der day, durin.. day Offer Vaseline I petroleum jelly, three times per day, as needed fior drY lins) 25 oz.. bv mouth, once a dav. as needed 30ce. apply to hair. two times per week, as needed 25 mg intramuscular injection (to be given with Huldol per medical officer) 2 mg, by mouth or intmmuscular injection, cvcrv four hours, as needed (agitation) 10 mg intramuscular injection daily, as needed (for agitation) (to be given with Benadryl per medical officer) 1 drop. left eye, four times er day, as needed 11/4 inch strip inside lower eye lid,left eye, each night I 1 tab. bv mouth. once a dav. as needed for oain I I tub. bv mouth, once a dav, as needed (for nain) tOl (L'/;'f8U8) As noted above, 14 June 2012 is the ulIle that ISN156 hau a Ielephone call with his attorney following the Supreme Court decision on II June 2012 denying his petition for a writ of cer/iorari in his habeas (tlHJ).tO usc corl!...ll! proceedings. _The..Camp V Olcl- -' -. indicated that ISN 156 came back furious and saying ··cr.!.Zy §lJOtll~~Hll)(')-sl~[f" alier the call. The phone call with IllS Illwyer IS cited as the beginning ofthc most f(..'Ccnt downward spiral of ISNI56. (Exhibit 16) I(l.\ ('z'fWQVQ) A series ofthree injections, Bcnadryl (10 eountcr:J.ctlhe effect of itching caused by the Alivan and Haldol), Ativan. and Haldol are considered "emergency medications." (Exhibit 97) lOS (' "'VOl '0) The all caps appear in the original PRN Medications Records. (Exhibit 97) 106 (b'Vf'Q's'Q) 25 July 2012 is the date of the "rock-throwing incident" detailed above, when ISN 156 threw rocks lit Camp Vt guards and recreation lower. ISNJ 56 was transferred 10 the BOO as a result aflhe incident. Later that same day. 25 July 2012, ISN 156[ (b)(r)(El,(b)(l)(F) I 1blt7/1El.lbil'7HFl I (Exhibits 53, 54. 57. 58) I I 31 usc § nOb. (b)l6llbXiJlC) 10 mg, intramuscular, every eight hours, as needed (for agitalion, WITH Benadryl) (NOTIFyl (~Xe),lbXi)l,C) _.J~Dl-JOUSC §IlOb (b~ene)(7~C) s::c:K:r....~: c:-: ::~: 118. ELt,l,q"'OUO) Table 3 reflects the "High-Risk DEA Classified Drugs" that were on lSNI56's PRN medications chart, und that he requesled and took in 20t2. 1Cf7 (L'I:q:gUO) Table 3 - High-Risk DEA Classified Drugs for ISN156 (20l2). (HI,CFOUO) Date and Time of Admini!:l1mtion lOS 2S Jan 2012 2000 26 Jnn 2012 1300 26 Jan 2012 2235 28 Jan 20121930 30 Jan 2012 2004 3 Feb 2012 0330 23 Jul2012 0001 28 Au!! 2012 0130 28Au 20120530 28 Aug 20121445 28 Aua.2012 2045 29Au.20122030 29Au 20122040 29 Aug 2012 2045 31 AU2:2012 0508 31 Au 20121445 31 Aug20120015 2 SeD2012 1003 3 SeD 2012 0505 4Se 20120205 5Se 20120630 7 SeD 2012 0120 2 Aut!. 20 120705 4 AuQ. 2012 0155 25 Au' 2012 2200 26 Aue. 20 12 0500 27 Au!!: 2012 0500 6 Sen 2012 1500 2Aul!2012 1 Drug Quantit)· Pereocci Percocet Pcrcotel Percocel Percocet Percocet Percoce! Percocet Percocet Percocet PercQcct Pcrcocet PcrcQcct Percocei Pcrcocet Percocet Tylenol wilh codeine Tylenol with codeine Tvlenol with codeine Tvlenol with codeine Tvlenol with codeine Tylenol wilh codeine Ativan Alivan Ath'an Ativan Ativan Ativan Haldol I tab I tab I lab Itab I tab I tab I lab I tab I tab I lab \ tab 1 tab 1 tab I tab I tab I tab I lab I tab I tab t lab I lab 1 lab I tab 1 tab I lab llab I tab I tab 10 mg. by injection iLl.reUO) According to the SOP, Pcrcocet., Tylenol \\1m Codeine, and Ath'3n wen: drugs that w~ (b)(7)(E) (DXIltE) As discussed 11Ite:r in the report, not all nurses and (b1(fME) )Altbough the: Invcstigntive Te:am analyzed all medic:ations 00 the: pm MeI Medications Rcpons indicate when the medication is provided to the dctainee, not necessarily .....hen hc ingests it. LOl I (bX7XE) land Haldol and Seroquell I r 32 SESlET'?"O:-O:'_": I SE::HET:,";'iS;:-;;:C; Date and Time of Drug Quantity 26 Jan 2012 2220 28 Jan 2012 0000 28 Jan 20121930 30 Jan 2012 2100 1 Feb 2012 2000 3 Fcb20122100 5 Feb 2012 2030 7Fcb20122010 9 Feb 2012 0100 lOFeb20122100 11 Feb 2012 2000 14 Feb 2012 0000 15 Feb 2012 2000 16 Feb 2012 2030 17 Feb 2012 2100 19 Feb 2012 0000 20 Fcb2012 2000 23 Feb 2012 2015 24 Feb 2012 2315 2S Feb 2012 2322 26 Feb 2012 2200 27 Feb2012 1909 3 Mar 2012 2100 4 Mar2012 2230 7 Mar 2012 2056 11 Mar2012 2315 1lV XX Mar 2012 OOl5 14Mar20120015 21\pr20122200 3 Apr2012 2000 13 Am 2012 0000 14 Anr 2012 0000 18 Apr 2012 0000 18 Apr 2012 2050 191\0r2012221) SeroQucl Serooucl Scroaucl Sera ucl Seroauel Scroauel Sero uel ScraCluc] Seraaucl ScroClucl ScrOQuel Seroauc1 Seroauel Seroqucl SeroQllel Scroouel Seroauel ScroQucl SeraQuel Scroaucl Scroquel ScrOQuel Seroauel Seroouel SerOQucl Scroaucl Seraqucl SerO. 1:2 (C:.'f9UO) The Medication Administration Record indicates that on 8 September 20J2~ 9 mgofln....egll to fSNJ56. ItappcafS that ISN156 did not ingest the dose, as NCIS photos Ollhc cell and splashbox (tX61,(bVXCI indicate two C:lpsules oflnvcga (3 mg and 6 mg) in a pill eup in the splQshbox. NCIS arrived at the scene and took the photogl1lphs at that time. (Exhibits 99,129) 37 SECR£T::?:orOR~i SECft£T,'/NOf6RN In. (V) Cause of Death of ISN156: 121. tu/IfOUO~ The Armed Forces Medical Examiner (AFME) determined the cause of death oflSNI56 to be suicide by paliperidone toxicity.123 The AFME noted that resuscitative efforts were initiated at the scene and that ISNI56 was transported to the hospital,.where he was pronounced deceased. The AFME review ofmedical records showed a history of multiple psychiatric disorders, suicidal ideation with previous attempts~ intentional harm to others and reported traumatic brain injury. The autopsy examination showed a fracture of a rib, compatible with resuscitative efforts. An examination ofthe lungs showed acute bilateral pneumonia. (Exhibits 130, 131) 122. flJ!JfQ~Q3 The toxicology examination revealed the presence ofpaliperidone (Invega), codeine (Tylenol #3), oxycodone (Percocet), quetiapine (Seroquel), mirtazpine (Remeron), and citalopram (Celexa) in the blood ofISN156. Morphine (by-product ofTylenol #3). oxymorphone (active ingredient in Percocet), and lorazepam (Ativan) were present in the urine without detectable blood levels. (Exhibit 131) 123. EtJI;LFQQQ) The AFME was not able to determine a precise time of death for ISN 156, nor was he able to pinpoint a precise time that ISN156 ingested the 24 capsules of Invega, found in the stomach at the time of death. (Exhibit 131) 124. EUJWQl::JQ) The AFME concluded that ISNI56 died ofpaliperidone toxicity resulting from an overdose. The AFME determined that it is uncertain to what extent the. acute pneumonia contn'buted to the death of ISN156. The AFME indicated that "no eviden~e was identified to suggest that [ISNI 56's] actions were other than purposeful and self-inflicted." (Exhibits 130, 131) IV. (U) Joint Task Force Guantanamo (JTF-GTMO) 125. Q' wEm 10) The commander of Joint Task Force - Guantanamo (JTF-GTMO) is Rear Admiral John W. Smith. The deputy commander ofJTF-GTMO is Brigadier General James Lenko. The chief-of-staffis Captain William Docherty. The mission statement for JTF-GTMO \23 Paliperidone is the pharmacological name for the brand name drug Invega. The certificate ofdeath is in the name oC"Ad-Rahman, Allal A:' The name that is attached to ISNI56 atJTF·GlMO is "Adnan Farhan Abd AI Lalit" The AFME indicated that the Federal Bureau ofInvestigation (FBI) determined that the fingerprints on the person ofISNI 56 matched an individual known as "Ad-Rahman, AUal A." An internet search reveals several names very similar to Ad-Rahman as aliases for Adnan Farhan Abd Al Latif. (Exhibit 130) 38 SECRETNNOFORtI SECRET.'.'NOFORN is 1) safe, humane, legal, and transparent care and custody of detainees; 2) intelligence conection; and 3) commissions support. (Exhibit 69)124 v. (U) Joint Detention Group (JOG) ~ (U) Leadership and Command Structure 126. ~!;!IiQ{.J~ The commander ofthe IDG is COL John Bogdan. COL Bogdan arrived at JTF-GTMO 29 May 2012, and took command on 7 June 2012. The JOG and the Joint Medical Group (JMG) fall under the command and control of JTF-GTMO. 12S (Exhibits S, 69, 108) 127. f'::J!J.fQWg~ The JOG is composed ofa Headquarters element (HQ) and the Joint Operations Center (JOC). The 525th Military Police Battalion (525th MP BN) and the Navy Expeditionary Guard Battalion (NEGB) both fall under the HQ. (Exhibit 69) 128. EY!;l;Q~Q~ The 525th MP BN is ADCON to United States Anny South (ARSOUTH), and TACON to JOG. (Exhibit 4) 129. @:J:("QUQ~ The commander of the 189th Military Police Company (189th MP CO) is §1-'ibjl5),(b) Il6:d)::~,~}~:go6'16l (ll)(3af~:l~:..g~~~OIl. is also the Camp V OIC. The 189th MP CO is an active duty unit and provides the guard force for Camp V and Camp Echo. She arrived at JTF-GTMO December 2011, took over Camp V on 15 February 2012, and took command ofthe I 89th MP CO on 23 March 2012. She is currently the most senior OIC of the camps at GTMO. (Exhibit 16) 130. eu!i't'6U~ The 19300 MP CO is an active duty unit, and provides the guard force for Camp V and Camp Echo. (Exhibit 4) 131. (Hj,~Q{.JQ~ The commander ofthe 314th Military Police Company (314th MP CO) is 'm~~~~~f I(6j{9}J~(~~&}fJe) IThe 314th MP CO is a reserve unit out of Southern California. The 314th MP CO provides the guard force for the BHU, DH, Cam I na, and Camp VI. (1lJ(?~lc~).~~:6~OIl. is also the OIC ofthe BHU. DH, and Camp Iguana. (IIXC~)(~.~~;~~~all. arrived at JTF-GTMO 14 December 2011. At the time of the report, the 314th MP CO had redeployed. (Exhibit 18) 1%4 @iJ8;QUQ) CAPT Docherty provided the slides to the Investigative Team on 1I September 2012. The slides themselves arc undated. One slide titled "Detention Conditions: Soft" lists as a bullet "Troops adhere to SOPs." Adherence, and the lack. thereof, to SOPs is discussed at length below in this report. (Exhibit 69) 125 JDG Procedure 1#2, Command and Control establishes the procedures for Command and Control ofthe JOG. Paragraph 2-4c, establishes a "Field-Grade-in-thc-Wire" Pro to rovide leadership presence in the cam s ni tl. (b}(5) 39 HE'CRE'fHPi8F8fUi SECRET/mOPQR?: 132. €W/JfOHO~The 348th MP CO is a reserve unit out ofIowa, and provides the guard force for Camp VI. (Exhibit 4) 133. flJ"q;QHQ~ The 755th MP CO is a National Guard unit out of Pueno Rico, and provides external security, including manning the traffic control points and sally ports for the camps. and serving as the Quick Reaction Force (QRF). (Exhibit 4) 134. EY/~QYQ) Together, the 189th MP CO, the 193rd MP CO, the 314th MP CO, the 348th MP CO, and the 755th MP CO fall under the command and control ofthe 525th MP BN and provide the guard force for camps and external security. The rotation dates for the units are detailed in Exhibit A to Exhibit 4. (Exhibits 4, 69) B. (U) Camp V, Detainee Hospital, Behavioral Health Unit 135. ~ Camp V houses compliant and non-compliant detainees in single cells and communal blocks. as well as a Drisoner DODulation in smele cells. l26 , (b)(1 ).(b}(3):1 0 USC 130b.(b}(6),(b}{7}{C) I (Exhibit 16) L- ..... 136.~ The BHUIDH houses mentally and physically ill detainees. as well as long-tenn hunger strikers, in single cells.J (b}(1).(b}(3}:10 usc 130b.(b)(6),(b}(7}(C) '-----------------------------~ 1128 C. (U) Training 137. EU/~QUQ) Ultimately, the IDG is responsible for training camp guards. The 525th MP BN, specifically, the 83 section, conducts the actual training over 12 days, with the final two days being on-the-job training (OJT). (Exhibits 4, 70) (Y/R!QWQ} Because ISNlS6 was housed at Camp Vat the time of his death and was transferred from the DH the clay before, only the guard structures for Camp V and the BHUIDH are set forth in the report. 127 tul.q:e"S) Alpha (Upper) is empty. (Exhibit 16) (D;o):10USC§13J1L.~~.6-!ttfl~ilelAllhouglulOtincJudedin-his statcmenf-- ._. 'provided the infonnalion during a telephone CbX6}CbJ(7XCl call with the Investigative Team on 12 October 2012. 126 40 SECRETNNOFOR?l SECUET/mSF6RN 138. ~U{;lr8UO' At the end ofthe 12 days, the guards must pass a Job Qualification Requirement (JQR). The JQR is divided into three sections. The 100 Section, Fundamentals, covers SOPs, guard mount messages, and night orders, and is designed to enable Soldiers to understand the guard post / work station duties. Fundamentals covers such items as block cleanliness, rules for the use of force, and detainee discipline levels. 129 (Exhibits 4, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80,81) 139. tuf,'FSU6) The 200 Section, Basic Knowledge, is designed to acquaint Soldiers with the systems they will be required to operate at the guard post / work station. Basic Knowledge includes sections on proper restraint procedures, medication administration, medical emergency codes, detainee search policy, and detainee feeding policy and procedures. (Exhibits 4, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81) 140. fY//#g\J~ The 300 Section, Guard Posts, is made up of tasks Soldiers are required to satisfactorilyperfonn to pass the final JQR. Guard Posts includes sections on how to properly conduct a cell search and open feed tray slots.J3° (Exhibits 4, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80,81) 141. EU'/FOUO, Training for the BHU/ DHU BNCOs and DIMS operators is divided into four sections. The 100 section, Prerequisites, is similar to the 100 section for the JOG Pod / Block Guard JQRs, and cover SOPs and other directives necessary to understand the watch station. (Exhibits 4, 82, 83) 142. flTAq:ggg) The 200 Section, Camp Specific Knowledge, includes sections on weight refusal and hunger strIker protocols, detainee restraint levels, and priority offorce. (Exhibits 4, 81,82) 143. ~/,(fgUg) The 300 Section,lntroduction to Watch Standing is made up of tasks Soldiers must satisfactorily perform to pass the fmal JQR. (Exhibits 4, 82, 83)131 (b)(3):10U~~130 (b)(61.lb)(7XC) 129 ttf(;¥8t;'8) While the front page and other parts of the training packets slightly vary between the JDG p~ Block Guard. the NCO, and the WC/AWC JQRs. the substance ofthe training is very similar. The training 0 .._-- ll.l(3l:.tll usc 5130b fappears to have been conducted by the NEGB on 2 August 2012 for duty at Camp Iguana. Again, althou (b)(61.1bll7l1C) ., packcts sI'18btlYvary, th e substance 0 f t h··· · II'd . I the IrOnt page and other parts ofthe traiJUng e tralnmg IS Vlrtua Y1 cntlC8 to the training for other camps. 130 ~Hi'9\;8~ Training on line of sight duty is not listed in any of the three sections. Also not listed is any training by the JMG to provide an overview of the JMG operations and expectations ofthe guards with respect to JMG 0Rerations in the camps. This item addressed in the Recommendations ofthe report. 1 ~Ii'F9W9) The training for the JDG Camp Guard Force and the JOG BRUIDH Guard Force is very similar except that the JOG BHUIDH Guard Force JQR includes two sections covering systems (Sections 200 and 300 one general and one specific to the BRUIDM) whereas the JDG Camp Guard Force JQR includes only one section (Section 200). J-.' 41 144. fU/jq;OI:::lO~ The 400 Section, Watches, which is similar to the 300 Section ofthe JD.G Camp Guard Force JQRs, is the validation section where the Soldier must complete the tasks required to pass the final JQR. (Exhibits 4, 82, 83) D. (U) JOG Standard Operating Procedures (SOPs) 145. Ell/WOVO) There are a total of90 JDG SOPs governing a wide range ofdetainee operations, from Standard Operating Procedures Changes, Detainee Movement Operations, Wildlife and Pest Control, Restraint Devices, External Security, and Medication Pass Procedures, to Detainee Death. 132 (Exhibit 39) 1. (U) JOG Procedure #27: General Guidelines for Camp Operations 146. fU/JfOlJO) JDG Procedure #27 addresses General Guidelines for Camp Operations. The SOP notes that "fair, fum, and impartial enforcement ofrules and regulations facilitates the control of detainees." The SOP also notes that "[c]ustodyand control measures maintain good order and discipline and protect the welfare ofall camp personnel and detainees alike." Specifically, security requires all personnel to "continually maintain an effective working knowledge of rules, regulations, and special orders; maintain constant vigilance throughout their daily duties; review/evaluate procedures.,,133· (Exhibit 40) 147. EY/.lPQ\JQ) Several guards and medical personnel indicated a lack of familiarity with specific provisions of various SOPs. (Exhibits 9, 10, 14, 18,20,24,28) 148. (WIfOWO) Other guards and medical personnel indicated that although they were familiar with specific provisions ofthe SOP and what the SOP required, they did not always follow the SOPs. Indeed, guards indicated that enforcement ofthe SOPs is one ofthe biggest challenges they face at JTF_GTMO. 134 (Exhibits 1,6,8, 18,25) I 149. EU'J¥QgQ) The Camp V OIC (b'?J~:)~~J~~Ob. noted tha~ (b}(7}(E) inconsistent application of SOPs to ISN156 caused "stress on the guard force" and also ISNI56. (1l~lJ(1J'~~:~) b, dicated that she was frustrated that "consistency" was the "watchword" and yet, 132 tuJi'F8f:l8) Although the current SOP Version List goes to 9S. three ofthe SOPs are archived and two are not used, for a total of90. The JDG SOPs and Procedures that the Investigative Team received were signed by the previous IDG Commander. However, the current JDG Commander indicated that one of his significant projects since taking command has been to "update and synchronize the SOPs, to ensure that they are reflecting current practice." Although some are entitled "JDG SOPs" and some are entitled "JDG Procedures" they are the same type of document - a Standard Operating Procedure. (ExhibilS S, 39) 133 fW/;lF9\J9) Specific examples ofguards following. and in many cases not following, the SOPs are laid out later in the repon. following the specific corresponding SOP, rather than here in the "General Guidelines" section• •,. (UOF9lJ9) One guard noted that when the 314th MP Company took over, Sailors .from the Navy unit they replaced would say "this is what the SOP says" and then would say "but this is how we do it." He indicated that detainees would observe the right seat I left seat handover and would state things like "be sure to tell the 3 14th how to do it the right way." (Exhibit 17) 42 SE~'F:;'NOFOIlN B;;CIlE'Fl/NOFORPi in her opinion~ ''there is not a consistent application ofthe SOPs." (1l~;:~~:)(~~~30Il. cited several other examples of inconsistent application ofthe SOPs. 13S (Exhibit 16) 2. {tiWP8t18) JDG SOP #53: SaUy Port Operations 1SO. (W/1f91::JO~ JOG SOP#53 addresses Sally Port Operations. I (b)(7}(E) 1(Exhibit 44) -1 L...- IS I. ~/~OUO~ On the day ISN156 was found unresponsive in his cell at Camp V, several witnesses stated the ambulance arrived to Camp V ''very quickly," within minutes of having been called. 136 The guards and medical personnel indicated they were not aware of any issues with the SalIy Port when the ambulance left Camp V for the SHVIDH. Furthermore uards and medical personnel indicated they arrived promptly at the BHUIDH, entering through (b)(7)(E) ~ The guards and medical personnel indicated they left the BHVIDH expeditiously, and arrived at the NAVSTA Hospital I (b)(7)(E) p37 (Exhibits 10, 15, 23, 25~ 29, 30, 34) 152. f:UlJfOU9~ Having been identified by the Camp V Watch Commander~Camp V guards aocompanied ISN156 from the time the ambulance departed Camp V, arrived at the BHUIDH, departed the BHUIDH, and arrived at the NAVSTA Hospital, through the time the body of ISN156 was transferred to the morgue. (Exhibits 13~ IS~ 29) 3. fE:"'1F8tiS, JDG Procedure #22: Wildlife and Pest Control 153. (U/IFOUO~ JOG Pl'Qcedure #22 addresses Wildlife and Pest Control. The Chief, Joint Task Force (JTF) Preventive Medicine shall ensure that inspectors are trained and proficient in conducting an environmental inspection, and shall ensure that inspections are scheduled and completed. Commanders and subordinates shall ensure that camp leadership and guard force personnel are trained and "are aware oftheir responsibilities with respect to wildlife and pest contra!." (Exhibit 109) 154. fUh'fOUO) The SOP notes that iguanas "can and will become aggressive once they have been domesticated through feeding by humans." Accordingly, guards are instructed to not attempt to "feed, capture, or hann an iguana." "At no time will a detainee be allowed to feed an iguana." Similarly, noting that banana rats will bite iffed by guards or detainees, "at no time (.-/JPQYQ) Those examples are addressed in twn throughout the report. There is an unmanned ambulance pennanently stationed outside Camp V I VI. (Exhibit IS) 137 (HlJ't'8He) Immediately after the incident, several of the medical personnel created timelines ofthe events surrounding ISNlS6's death. Copies ofthose hand-written timelines are attached as exhibits to the witness statements. (Exhibits 13,30,22, 32, 33) 135 136 ttJiJfeHe) 43 SECRE1WP,O FOtUi SBCAE:JrNPi8F8R?i will a banana rat be fed. ,,138 If a banana rat is found in a camp, the SOP directs the individualto contact NAVSTA security for removal. Finally, because of the number of human diseases that pigeons carry, "[d]etainees that feed and give water to the birds should be discouraged from doing so. At no time should a detainee. touch or pet these birds." (Exhibit 109) ISS. EUJWQWQ) On numerous occasions, the Investigative Team observed stray cats. iguanas, and pigeons lined up at the BHUIDH recreation yards. 156. ftJl~QYQl Several guards and medical personnel spoke of detainees regularly feeding wildlife. A nurse at the BHUIDH IllWJ:I.~~lgoll., for example, noted that one ofthe things that stuck out in her mind about ISN 156 was that he was allowed to leave food out for the iguanas at the BHUIDH recreation yards. She noted that stray cats, iguanas, and banana rats sometimes line up outside ofthc.recreation yards, waiting for food. She also noted that one detainee,fD){~Vej(l)1 has pigeons regularly come and sit on his shoulder. 139 (Exhibit 35) I I 157. flJJWQU~ The OIC for the BHUIDH and Camp Iguana (6)(3);10 ~1WJgO~(6}(6), indicated he understood that althou cnerally not allowed, certain detainees were al owe to· interact with the wildlife. (b~:~~~~:~rOb. indicated thatl1D)ltifctKij ~ad (b}(7)(E) (b)(7)(E) He also noted that ISNI56 was '"usually allowed to feed animals on doctor's orders because it helped keep himcalm. nl4o (Exhibit 18) I I 158. tufIt'OUO' JOG and JMG leadership, however, had an understanding quite different from that ofthe guards and medical personnel. The JOG Commander indicated detainees should not be feeding wildlife. and was not aware of it being an issue other than with pigeons. The JMG Commander stated that he was "not aware that the detainees are feeding wildlife." adding "in my opinion. no detainee should be feeding wildlife!' (Exhibits 5. 31) 4. ttJs'.'i=gQ~ JDG Procedure #30: Detainee Camp Rules and Standards of Conduct 159. EU/JfOU8~ JOG Procedure #30 covers Detainee Camp Rules and Standards of Conduct. The SOP sets out a long list of specific rules for detainees. including that they may not create unsanitary conditions in the camp, such as throwing or storing feces, urine, saliva,.or vomit .The SOP authorizes discipline time and the loss ofprivileges for failure to comply with the rules. (Exhibit 41) lU) Commonly referred to as "banana rats," hutias ts found at OTMO. ~J';:Q\JQ~ Although not included in her statement, tbll~JJg)~~3lll>- ffered that she was concerned about the failure to follow the SOP, and did Dot think that allowing de ees to and inteta't with wildlife was a "good idea." (Exhibit 35) 13& 139 140 f{;/;F~ije~ (b)(6),(b)(7)(C).(b)(7)(E) ....__ '-_.. There is nothing 18 these SOPs or medical records (lSN156) that indicates that either ISNIS6 0.1...:=:.1...1 (b)t6).(bl(7)(C1.ltillnEl were actually authorized to feed or interact with the wildlife. (Exhibits 48, 48-A. 48-B. 48-C, 48-D) 44 6£CRETNN8r8RPi SECRETHN8f8RN 160. EU!JfOUO~ Detainees are classified in a "compliant" or "discipline" status. Detainees who commit "serious offenses" may, at the discretion ofthe IDG Commander, be re~assigned to Camp V. (Exhibit 41) 161. ~".WfOUO~ JOG Procedure #30 also establishes a matrix. for Basic Issue/Comfort (BIICI) items for detainees. 141 Generally, items of BUCI may be exchanged on a one~for-one basis. 142 (Exhibit 41) 162. EU/JfOUO~ When a detainee commits a camp rules infraction or an offense listed in the Detainee Offense Matrix (b)(7){E) The maximum recommendation for any single punishment, guard force will inform the detainee he has been placed,L...(b;.;.;)(7~){E,;;,;,) detainee will serve the discipline time in an assigned cell in Camp V I (b)(7){E) I ~.=._ (b}(7){E) 163. fU/A60y.g~ According to the SOP, the JOG Commander has the authority to assign detainees who have committed certain offenses to Camp V, Those offenses include 164. fUl~Oy.g~ As discussed earlier in the report, ISN156 had a long history ofdisciplinary events at JTF-GTMO. Several witnesses indicated that not aU of those disciplinary events were 1l consistently addressed. The Camp V OICI lb)(S):1 X6>tbi Ifor example, indicated that she was made aware of the fact that ISNI56 wasl (b)(6) Iduring 05%tJE6.t 141 (I WiO I !O~ A detainee may lose certain items if he is placed on self-bann precautions or on discipline status. (Exhibit 4). 142 (WI/f9W9~ The 10 interviewed a noncommissioned officer watch commander who related anecdotally that because the on~for-one exchange policy is sometimes violated by the orders ofthe medical team (eg., "give the detainee extra blankets), some ofthe guard force feels compelled to take home and wash detainee items rather than risk a detainee outburst upon only receiving one blanket in return from detainee laundry. 14) EU/;'f8~8' A GTMO Fonn 508 is a detainee report addressing discipline incidents. The Detainee Offense Matrix is in JDG Procedure #30. The section for the Detainee Discipline Matrix is blank. and indicates "pending aEProval." (Exhibit 41 ) I ~ 1/'iO' q There are two detainee disci line levels complete the specified time on (b){1)(E) ·11 be c ange to~~~~,""",!",,,,, time. Once both the (b)(7}(E) complet be returned to com bant status. ExlubJt 145 r:-_':"':"'".....:;;~~ .retainees serve their 45 SECREl';'RfOfORl'i ~JS€RE'Fs'}~rQFOR?j movements. 146 (b)(:~~~~18~J~Ob. indicated. however, that when she raised the issue with the previous 525th BN Commander he told her that she needed to understand that ISN156 was a special case, and that there were strategic level issues at play. (b,?l,~m~~~~~Ob. indicated that she was not aware ofthe previous command having done anything to "truly address the Soldiers' complaints about ISNI56'~ (b)(6) ,,, (Exhibits 16. 51) 165. tu{woeo) Other guards reported that up through the days leading up to his death, ISN156 was engaging in indecent behavior. In fact, one guard understood th~ (b}(7)(E) lline of light rotation policy stemmed from ISN156's behavior, and that camp leadership ""aia not want guards to have to watch [the indecent behavior] for more than (b)(7)(E) t a time," Several guards indicated that they had to watch ISN 156 (b)(6) (b)(6) "right up near the window," (Exhibits 6, 14.29) 166. (UJJfOUO~ Similarly, a nurse at the BHUIDH (bl(~:1:)~~~b3Ob, noted that ISN1S6 would (b)(6) !while on line ofsight and • (b)(6) t' IblC:;g~~~~~~OD, noted that it was "very difficult for guards to watch" this behavior. There is nothing in the file ofISN156 to indicate that any discipline time was imposed for this type of indecent behavior. 147 (Exhibit 35) I 167. E-Ya'J¥QUQ) On I August 2012, ISN156 received a Detainee Report for throwing feces at a nurse and guards from a cup in the BHUIDH recreation yard. As a result ofthe incident, ISN156 was given (b)(7)(E) discipline time. (Exhibits 17,35,56) I I 168. EUJ./fQWQ) On 2 August 2012,lSN156 also received 508 Detainee Reports for "Major Damage to Property" and "Agvravated Assault on Staff,tt both reports stemming from~ (b)(7)(E),(b)(7)(F) J.148 As a result ofthe incident, ISN156 was given a total o~ Ifbl(1)lE1 ~f discipline time ~ (b)(7)(E) Ifor the Major Damage to Property and (b)(7){E) ~for the Aggravated Assault on Staffs not to exceed the (b)(7)(E) for a single event.) (Exhibits 54,55) I I I I 169. (UHfQUQ~ Furthermore, in the days at the DH leading up to his death, ISN156 had again splashed urine on a guard and thrown items onto the tier. (Exhibits 24, 28) 46 SECllfSli'/N oro RN 170. EUNr9U9~ In fact. it was this type of"out of control" behavior that led the JOG Commander to approach tl"/~){6l.lb)(71 the momingof 7 September 2012 and ask her whether there was any medical reason that would prevent ISN 1S6 from serving his discipline time. 149 f\~~l(~l,(b) (1):(3~IOUSC d d th . h .. thoIS was •very • ' was I7JlC) 13llIld:~~)~bl spon e at 10 er oplWon, vo I"Itlon aI behavior" and that there "no psyc Iatric reason" to prevent ISNIS6 from serving his discipline time. The JDG Commander indicated that based on that, he decided on 7 September to transfer ISNI56 to Camp V (b)(7)(E) (b)(7)(E) (Exhibits 5, 24) I I I 5. ~'JF9,(;~ JDG Procedure #34: Search and Inspection 171. fUN+'9WQ) JDG Procedure #34 covers Search and Inspection. The SOP requires that detainees be searched every time they are moved from one area to another, regardless of the circumstances or reason for the move. I (b)(7)(E) "-----------_..... l(Exhibit 43) 172•.• (b)(7)(E) 1(Exhibit 43) L . -_ _...... 173. E\:IIJfQWQ)1 (b)(7)(E) 11-. KEXhibit 43) 149 (f:JlWef:Je) It is unclear for which ofthe offenses lSN 156 was being sent to Camp V to serve discipline time. What is clear is that because ofms behavior in the weeks leading up to his death, ISNIS6 had a large amount of discipline time to serve. (b)(7)(E) ISO (b)(7l(E) The JOG Commander indicated that he is current! in the rocess of rcviewin the 47 g ECRF.T.\'Pj8f8RN (b)(7)(E) I 6ECm:1YfPiOfe~:i 174. (U/ffOUO' The Camp V OIC (Dll:;'~:>.'i':~~~oo. indicated that she understands that her s are conducting (b)(7)(E) Noting that the most common thing guards fmd during searches are excess quantity items (such as too many books), she aclmowledged that on other occasions, guards have discovered I (b)(7)(F) Iand water flavoring bubbles in the cells.1S2 (Exhibit 16) 175. ~IfOU9) Several guards indicated they properly understood provisions ofthe search and inspection SOP, ~--~-~-~....., One guard noted that in his opinion (b}(1)(E) ]76. (U,'lFOUO) After ISNlS6 moved from the DH to Camp Von 7 September 2012, guards at Camp V indicated they searched his belongings and removed items (extra towels, T-shirts) that he was not allowed to have because he was on discipline time, and gave him the remainder ofhis things, including a foam pillow and linens. IS3 (Exhibit 19) 6. fll/lf'el10~ JDG Procedure #56: Line of Sight 177. fUsC,q'OUO) (b)(1)(E) Detainees may be designated for line ofsight forf ~-"""'="'~-~~ I Detainees on line ofsight will bel I 178. ~NrOUO) (b)(1)(E) L-_~~ ~_~ _ _"""":,,,,~~~TheWC/AWCwillbrieftheguardson line ofsight procedures prior to them assuming line ofsight duty, E U2 ttT/il1?9W9) DlI'~\f6ltb> I noted the flavoring bubbles are distinct from the flavoring packets that detainees are authorized eae n ay. it ~;I61 I suspects the source ofthe flavoring bubbles (contraband) to be certain guards, but she has not been ab e 0 I en Which uards are brin 'n in the flavorin bubbles. She indicated the (b)(7)(F) (Exhibit 16) (I J(~Qtlg) Although ISNI S6 was authorized a mattress. he indicated that he only wanted the foam pillow. Accordingly, when ISN IS6 was found unresponsive, he was lying directly on the cell floor, where he had appeared to be asleep. (Exhibits IS, 19) 48 SEC!t£=F//NOFOR.?i s Ee~TNNOr()n?i I (b)(7)(E) --_______________________1r (Exhibit 45) 180. EU/WQljQ) The SOP states (b)(7){E) a detainee covers or otherwise obstructs the view ofthe guards. r--------I"-r:I~f-:th-e-re~is no response, the guard shall call r--.....;;.(b-}(7-)(E-).L---,or--~:-T"''"'T''Ilr' (b)(7)(E,...-- 181. tUllf8UO) Guards failed to require ISNI56 to uncover hisl (b}(7)(E) !after he covered it with a food mixture the night of 7 September 2012. (Exhibit I) 182. EtJ/fFOUO) Several guards indicated that they were unfamiliar with what the line of sight SOP required with respect to rotation times. (Exhibits 10, 14, 19, 20) 183. g JIIfQUO~ Other guards indicated they knew what the line of sight SOP required. but for various reasons, chose to ignore the SOP and devised their own rotation times. (Exhibits 1,6,8, 25) 184. EU/WQ~Q) Once it was determined on 7 September 20]2 that ISNI56 would be transferred from the DH to Camp V, 1~1~1I6).lbli7j recommended ISNI56 be on line of sight. Although the Camp V OIC asked whether it could be electronic line ofsight,I·-~ --Irecommended.direc.l ..._.lWllQJJSC§130b. (physical) line of sight. ISS In the end, (b~~X~J1'b~:~~Ob. ordered that ISN156 be placed on electronic (Ill(6Ub)l7)(C) and direct line of sight. (Exhibits 16. 24) ----...I L ...§J.;;mn.:awllil..J -. r-~~~-t self-harm in a articular location. (blQ):10 USC.~ ·-----iIl:l3J:.111.\.lSC §13Ob. Ib)l6).(Il)l7~C) -J-: r~~~i!!!2U~~lb]ii]~~!!s!!5!.!!!!!!~C:;;;:===J(b~)(7~){E~)=======J[::-.~. lbX6~(liX7J(C~I=-"'7'I'!':~~~------------....;..;,;:....;.;...;....------------- 49 SI5CRE:r/lN8F9UN .... ll3);1D.VSC §130b. (Il)(81lb)l7)1C) S£CUEl'/,,?iSf8RN 189. £o\1IJfggg) Generall • 5 understood that the (b)(7){E) so 8ECRE'FH?(QF9RN SECRETImOFOIU, 7. fQ/Jli:94JQ) JDG Procedure #66: Medication Pass (Moo Pass) Procedures 190. ~/,q:OUO~ JOG Procedure #66 governs Medication Pass (Med Pass) Procedures. IS9 Generall the SOP indicates that (b)(7){E) (b)(7}(E) 46) 191. ~U;'IfOUO) According to the SOP, (b)(7){E) ....._------------' (Exhibit 46) 192. etJ/IfOUO): (b)(7)(E) ....._-----------_...I(Exhibit 46) 193. ~I IIQi'O~O) For "high risk" DEA-controlled drugs. the SOP establishes that "I (b)(7)(E) JOG SOP notes tha (b)(7)(E) 1S9 ~Nf8~8) There is an entirely sepllJ1lle JMO SOP that also governs medication administration procedures. There is some overlap between the JOG iutd JMO SOPs governing medication administration. Where items are solely addressed in the JMG SOP, those items arc discussed below in the corresponding JMG SOP discussion sedion rather than here. (Exhibit SO) 160 EW/Jf9W) As noted below in the JMO SOP subsection in therenort. the NO SOP ..-ardinl! Med Pass differs notably from the JOG SOP governing Med Pass. Significantly.1 (b)(7)(E) 161 l(Exhibits 28, SO) (YllFQYQ) The provision requiring the BNCO to verify tbatJ (b)(7){E) /(Exhibit 46) As discussed below, the specific drugs that qualify as high·risk DEA classified drugs are set forth in the JMO SOP. (Exhibit SO) _ I 51 SECR£TNf::8F8RN ~ ECR:ETI:'~i QFQRN (b}(7}(E) (Exhibit 46) 194. fUl/F9WQ~ Several co smen indicated that they are (b){7)(E) (Exhibits 21, 23) 195. f Indeed, the JMG Training Officer,tb)(3ti~~~~~~r-(bt indicated thatt (b}(3):10 usc §130b,(b)(6),(b)(1)(C),(b)(7)(E) 196. ~U/JfOUO~ Furthermore, a registered nurse assigned to the BHUIDH b)(3';~~.~~br-lb) noted lb)l3):10 usc §130b,(b}(6),(b)(7}(C),(b)(7)(E) 163 • (b}(7}(E) ~'tp9U~ Several corpsmen acknowledged that there ' for example, noted that because of the risk, he does not ever leave medications in a detainee's splash x. ( I Its 6, 21) 16S (H/;Q;eW9lln addition to being the psychiatric mental health nurse at GTMO~ ---~+H1so.the.dcsignat~d __ ." (Illl3t.lOMSC §130b, Training Officer for the JMG, Unlike the lnG, who relies on the ~ to conduct the guard tralni e (b)(6Mb)(1l!C) JMG is re uircd to conduct its own training. It is unclear whether .•_.- s.referriDg._to...tb~JD.G..s.QP. _~)(ll!.E) •__•• (Ill{3):llLlISC §130b, \---:""=",......~~E~),.,..,.......,..""""",,--1 or the JMG SOP (b){7)(E) (b1l61,(bl(711C) (b)(7)(E) (Exhibits 4, 28) (GAtpQYQl Based on her experience as a registered nurse in civilian psychiatric hospitalJ -----4uggestc;,L .ltlQ);!l!USC §IJOb. a more robust medication administmtion program at JTF·GTMO than the Med Pass program currently oii'i1i.ned in (b)(6),(b)(7)(C) the 100 and JMG SOPs. (Exhibit 35) was a real risk ofdetainees hoarding medications. 52 SECREli'lN8FORN (b)(3):10 usc §130b,(b)(6),(b)(7)(C),(b)(7)(E) I(Exhibits 31,38) L...- ..... 198. (~/jq;QUQ~I§f3JgJJ:~{~~}(~ndicated that the ~OliC: is a "significant change" since he took command ofthe JMG on 21 May 2011. 168 I (W,(itb~~~!: lindicated that because a detainee had just died by hanging on 18 May 2011, it was immediately clear to him that "the risk ofsuicide was a very serious issue here." (ru~~h~/~t lindicated that he devised the policy because he learned that no detainee had actually killed himself by an overdose, but that certain detainees "had attempted to do so by hoarding and overdosing.,,169 (Exhibit 31) I 199. ~U/iq;gUg} ( : 130b indicated that, consistent with the JOG and JMG SOP, he .r';"~ Nonetheless, in contrast to the SOP and the understanding 0 200. I (b)(~X~.~~§1~Ob. d (bX3~::j~~~~~Ob.(b) none of the corpsmen interviewed by the Investigative Team indicated that I170 (b)(7KE) 8. flJ/w.g~g) JDG Procedure #82: Detainee Death 201. (YfWQYQ) JDG Procedure #82 covers procedures in the event of a detainee death. In the case of an unresponsive or dead detainee,l 167 (b)(7)(E) t\}#f'8W8) Another example ofthe apparent d ons eetween the JMG leadership and the medical personnel (b1l3):10uS5,L\11~~,j~ • .m~ted.by..the..comments.of..anight.corpsman; ..... indicated "Since I began my duties here at Camp V 28APRI2, I do not recall ever being visited by anyone In my eadership chain. I have felt invisible with no one seeming to even know I was workin here." xhibit 9-A) 168 tWNI=8WEij The statement of ". , indicates that he took commqd on 27 May 2012 and that a detainee died by hanging on 18 y 2 12 -these dates should read 201 1. --.- .. '1>-0 e f _ . . . _.. _ unl_cd offieea II :-<":E0 who Iw been at GTMO fb, ov.... _ . IUs (b~3r.10U~,!:.§.tlOb. .Jw-.cleauvhetberj....--: was Ye . c IDG SOP or the JMG SOP vemin medication administration. (bJ(6),(b)(7)(C) Furthermore. it IS une car w ether bJ(~~Jg~SCtl30b is aware that the JMG SOP (b)(6Ub"lG)(C) OftbrG :~. ;;l ,~,.;:... (b (E I It 1&9 (,=,..we,=,e~ The Cultural Advisor has been at JTF-GTMO sim:e 29 September 2005, and accordingly bas been present for all nine detainee deaths that have occurred at JTF-GTMO to date (seven suicides and two natural deaths). An interpreter refem:.d to a specific insumce orISN156 hoarding pills, noting that at one point in 2008, ISN 156 said something like "here, I co£;Jse pills if! wanted to kill myselr and showed him and the guard a fist full of fb)(3):1ou~nJl~~"_fJills.....·.~maybe~r~iIl .•.••• dicated that the guard confiscated the pills from ISNI56. (Exhibits 2,12,31) (b)(6l.fb OJ 70 (tl//f'e~e~ Bealuse 0 g ofthe investigation, interviews. and the draftin~ofstatements, the statements ofthe corpsmen do not reflect any specific information regarding thel (b)(1)(E) ot being followed. 53 SECRET,I;?lElPOItN ~'ID10USC§13Ob. ."""",,, 5ECRET/fNOr8IDi (b)(7)(E) ----II~ "'""- tCxnlDrt ] ] 1) 202. (b)(7)(E) (Exhibit Ill) 203. (\:WR'OUO) Once it was detennined that ISN156 was unresponsive and would be transferred out of Camp V for emergency medical treatment. the Camp V Watch Commander, (Il)(~;J:I~~:glb. ked an NCO and a guard I (b}(3):10 usc §130b,(b)(6),(b)(7}(C) Ito accompany N156. The guards remained with ISN 156 from Camp V to the DH, j n from the DH to the NAVSTA Hospital, and from the NAVSTA Hospital to the mo~e. Canectl ~ . g that their orders were "to stay with the body the whole time: (IlK3I::~~:~~Ob.(b1 d §1300.(bl(61.(b)(7) stayed with the body until it was brought into the morgue and the morgue door was closed. (Exhibits 13, 29) 204.4+The Cultural Advisor I (b)(1 ),(b)(3):10 IV:;XnJDlt '----~ usc §130b,(b)(6),(b)(7)(C),Sec. 1.4(c) 1~) VI. (U) JOINT MEDICAL GROUP (JMG) A. (U) Leadership 205. fUJIfOUO) As noted above, theJMO falls under the command and control of JTF·GTMO. The commander ofthe JMG is Captain Richard Stoltz. (Exhibit 69) 54 8rCAETNNQFQIlN SE€RE·YJ.'?18FOIUi 206. ~/fQYQ~ The JMG Headquarters element (HQ) is composed of the Joint Troop Clinic (JTC). the Detainee Hospital (DH). and J-Smart. (Exhibit 69) 207. EU/WQYQ) The total number of detainees at JTF-GTMO under mental health services at any given time is from (b)(7)(E),(b)(7}(F) Approximatel ~:\~~~~. fthose detainees see only the JMG psychiatrist Ibll~:J~,~'(~ (detainees who only need medications and do not require I request counseling) l:\\;~~~ nly see the JMG psychologist Ibl(~~;:~)=3OIl (detainees who only need counseling but do not require I request medications), and the remainder see both the JMG psychiatrist and psychologist. l73 (Exhibit 24) B. (U) Training 208. EUI,q;Q~Q) The JMG is responsible for training the medical personnel providing detainee medical care. The training consists of Skill Validation (RN and technicians), BHUIDH Orientation, Camp VNI Orientation, Care of Detainees, Enteral Feed Orientation. and Ambulance Operation. I?4 There is a specific block on medication preparation I Med Pass, including "How to pass medications." (Exhibits 87. 88, 89, 90, 91, 92, 93, 94) 209. @:lU~OtJO~ There is a separate Medication Administration Competence, including a Competency Statement, initialed by the instructor and the trainee. The Competency Statement includes blocks on how to verify a detainee has swallowed the medication, and how to correctly document on the [Medication Administration Record] MAR when medications are given or refused. 17S (Exhibits 87,88,89,90,91,92,93,94) etainees who he has concerns about their Ion tenn care. - - •. _. (b)(Il.lIlX3}:10USC ··"11Ob.lb1l6),lb)(71 (C),sec. 1.4jc) (b)(7)(E) (Exhibits 21, 23,28,31,87,88,89,90,91,92,93,94) e . . n Ad . n e e ce indicate!! that the tmin (b)(7)(E) 55 SEGRETH~iOFORPI will be able to demonstrate a d 210. EU/,q:eue~ There is also a separate Medication Administration Understanding. signed by the trainee. The Medication Administration Understandin2 indicates thad (b)(7)(E) ---------------------_ l(Exhibits 87. 88, 89, 90. 91. 92, 93. ....... 94) c. (U) JMG Standard Operating Procedures (SOPs) 211. fUI/POUO~ There are a total of79JMGSOPs governing a wide array of detainee operations, ranging from Medical Management ofDetainees on Hunger Strike, In·Service JMG sOP #I 117:' The trainee wilJ be able to:1 (b)(1)(E) I In her statement.!lbitJJ;IOUliC IlJllb.l-dic:ated that she was told thepreVIous wave h8lftril!d .'" 1f",1 1'1\17111<1 1b)l1lIEI (b)(7)(E) I' , I: .... plaincd that she rcgularly asksl (on") lfur c......._ 1a (b)(1)(E) 56 SECRE1WN8F8R?i a I~_". SECltET,'/NOPORf, Training, Nursing Guidelines, Detainee Refusal of Care, and Phannacy, to Medication Administration Policy. 177 (Exhibit 126) 1. fti/JF9{;,9) JTF-JMG #117: Medication Administration Policy 212. EU:'IfOUO~ JTF-JMG#117 covers the Medication Administration Policy.178 (b)(7)(EI "----_..... (Exhibit 50) 213. ElJIIfOWO~ According to the SOPt (b)(7)(E) 1.- -.1' (Exhibit 50) 214. fY/j!fOUO~ (b)(1)(E) '-- ~ (Exhibit 50) 215. (UNrOVe) After each medication pass, Ib)(7)(E) ~-:-:':"":"""":"':"':----------~ ---oI(Exhibit 50) 1.- I7T flSA'F9W9~ Although the current sopi (b)(7)(E) Ifur a total of 79 active SOPs. 118 fl1iiftmPl As noted above. there (b)(7)(E) I (b)(7)(E) The JMG Commander (CAPT Stoltz indicated that shortly after he took command. he changed the SOP specifically (b)(1}(E) , CAPT Stoltz indicated thc JMG is again re· isl I examinin the M Pass SOP as he i 57 SECUETN?'8FO RoN lSECIlETNl)IOFOR.'i 216. (T:Jt'JfQYQ~ I (b)(7)(E) II'"""(E-xh-j-bi-tS-O-)- - - - - - - - I- 217. ~II¥Q~Q~I (b)(7)(E) I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _II"7l(EI't"""T"'lt"'i6P."'i"l:r.= ) - - - - Xh t so 218. (a',q:ouo~· (b}(7)(E) ~r(Exhibit L...- SO) 219. fU;'/fOU8)1 (b)(7}(E) I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.....Il-(E-xh.,...i.,...bi-tS--O--}- - - - - - - I I I ------------.....1 221. ~J¥QUQ~ Finally, the SOP indicates thatl I 220. El'I1¥9WO~ The SOP establishes that (b){7)(E) (Exhibit SO} I (b)(7)(E) . r I (b)(7)(E) (b)(7)(E) 8S (Exhibit 50) arel 180 ~Wp9W9) High Risk DEA medications (b)(7){E) J Those medications that ISNIS6 had been recently administered (Table 3 ofthis report) include Ativan, Percocet, Tylenol #3, Haldol, and Seroquel. (Exhibit SO) 181· • The 49) JMG SOpl (b}(7){E) (b)(7)(E) (Exhibit ,1-. . .:; .: :. ;.:.:.; ;. . . The JMG SOP (b)(7)(E) (Exhi.~bi;,;,,;t5.0",,) (b)(7}(E) The J SOP (b)(7)IE) I (UW8H8) The JOG SOP (b)(7)(E) (b)(7){E) 58 SECRiiTll?i8FORN _I I -. SECRETNi'iSrSRN 222. ~tJ/:!I'Q~Q) As noted above,1 (b)(7)(E) (Exhibit 46, 50) 223. fH';rOUO~ With'respect to the administration ofPRN medications, a review ofthe medical records for ISN156 seems to indicate that the corpsmen are not properly annotating those instances where the detainee requested a PRN medication more thanl (b)(7)(E) period. (Exhibit 97) 224. tV/WeDe, Regarding the locations of Med pass,l I(Exhibits 9, 21, 23A).i86 (bXlXE) 225. t1=J(;reUO~ The IDG Commander, COL Bogdan, himself indicated that I (b){7)(E) (b){7)(E) COL Bogdan indicated that he . (b)(7)(E) including ISN156. COL Bogdan indicated that the policy was in place "well before" he assumed command, and that he understood that ISN156 needed to get medications at certain times, and it l87 (b)(7)(E) (Exhibit 5) I I I t I I I 226. ~HfOUO~ One corpsman indicated that he (b)(7)(E) "during Ramadan, but not before or after."ISS Another corpsman indicated without reservation (b)(7)(E) (Exhibits 9, 21, 23A) that I 1 227. (':J/;~Ol:JQ) Not all corpsmen are complying with the SOP requirement (b}(7 E (b)(1):10 usc §13Ob,(b)(6), (b)(7)(Cl writln ibits 24, 35, 48·8, 98) 11l:m10USC§!10P~_'T._rr,_:f~ijvi~!E'~eiwi8i1~~~~ id not indicate why he understood the Nics to be different during Ramadan. (Exhibit 9) IbX6\fbJ(7XCI ....._--.11 S9 f ECRETI/.j)rQ'FQR~T I SECR£l'HNOFOftf4 I(Exhlblfs 9, 50) ..... (blU}(E) 2. fWJP9'8~ JTF-JMG #60: Cardiac Arrest Procedures 228. flJl.'FQl:JO) JMG SOP #60, Cardiac Arrest Procedures, provides that in the event ofa the following will apply... b E (b (U) Part 2: FINDINGS 1. EWmQg~ Finding: ISN1S6 bad an extensive history of disciplinary and self-barm attempts while detained at JTF-GTMO. (Facts 19-64) (U) Discussion: a. fUNfQl:J~ Disciplinary events spanned from 2002 to 2012 and included assaults on guard force, inappropriate use of bodily fluids, and possession ofcontraband. Self-barm events spanned from 2003 to 2012, and included ingestion of inedible items, attempted hanging, and cutting. ISN156 frequently expressed suicidal ideations, including writing dark poems, talking about death, and making passive statements about suicide. At various times during his detention, ISN1S6 was on hunger strike, and at certain points required enteral feeding. b. EU"IfOUO~ There was also a significant spike in disciplinary issues in the several weeks before his death. ISN 1S6 threw rocks, strikin the uard tower, the tower spotlight, and two guards. Later that same day, while in (b)(7)(E),(b)(7)(F) ,lSN1561 (b)(7)(E).(b)(7}(F) (b)(7)(E),(b)(7)(F) The night of 31 July 2012, ISN1S6 began jumping around in his cell and refused to comply with an order to stop jumping. The following morning, ISNlS6 threw a cocktail offeces and urine from 8 styrofoam cup at a nurse and the ds. striking them in the face and neck. Later that week, while at BHU « ).(b}() ISNI S6 (b ()o( F) r::-~----::~~~~:"":"":"'-~TI'Il'Ir.J'htrm:l!'l m::-l!"Iln'rrt'-------------......I During a fit ofrage, ISN1S6 lunged a \~(b~5Mb) i 130ll.Ibl61. d assaulted several guards. On 6 September 2012, while still at the DH, ISN156 began spontaneously yelling and kicking, threw his urina~ and thereby splashed a guard. 2. (U/IP6Be, Finding: Because of his unique medical issues and temperament, ISN156 was not treated like any otber detainee. This disparate ~eatment resulted in significant deviations from SOPs and protocols and caused significant pressure on the guard force. (Facts 22-27) 60 SEGRETNNOFOIDi ~li:cnET/;,NQFQRN (U) Discussion: a. EWAlQUQ) There were several instances where ISNI S6 was either not disciplined or was not required to serve discipline time immediately (rock-throwing incident). ISN156 was able to have a cup full of feces and urine at the recreation yard because of an order by (DX:~~~~=3Ob. permitting ISNI S6 trOIlQR?l fI3CR£Th?iOrORN a. tu/IfOUO~ The IDG SOP governing brevity codes requires a guard to call al(b)(7)(E)1 ~b)(7)(Elwhen a detainee is obviously not breathing, as indicated by unresponsiveness, lack of chest movement, and discoloration ofthe face. The SOP governing brevity codes requires a (b)(7)(E) (b)(7)(E) Iwhen a detainee is committing self-harm and a Code Yellow when there is a potentially life-threatening medical condition requiring immediate response. I b. {UOf6U6) The JOG SOP governing line of sight does not address a I (b}(7)(E) lor a Code Yellow, but does require a guard to call al (b)(7)(E) Iwhen a guard suspects a detainee is not breathing or loses line ofsight and does not get a response from the detainee after knocking on the cell door. The provisions in the two SOPs are inconsistent with respect to when al (bX7)(E) Ishould be called. The inconsistent provisions lead to confusion as to when a guard should call al (b)(7)(E) Ivice a (b}(7}(E) I I c. (U/jq:OUO~ The day shift Watch Commander looked into the cell for ISNIS6 and immediately determined that there was something wrong - ISN 156's eyes were open at the point, staring blankly at the cell door and ISN156's skin color looked gray. At that point the Watch Commander caned a Code Yellow. Based on his observations oflSNlS6, the Watch Commander could have immediately called a (1l)(7)(E) ~r a (b)(7)(E) linstead of a Code Yellow. The JTF-GTMO AAR evaluating the emergency response found the Watch Commander's call of Code Yellow to be appropriate based on the guard force determining that ISNlS6 could no longer be seen definitively breathing. The nurse arrived and upgraded the situation to a (b)(7)(E) The Watch Commander's initial call of Code Yellow instead 0~(b)(7)(E) I (b)(7XEJor a (b)(7)(E) ~id not significantly affect the medical response to the incident nor did the failure in any way contribute to the ultimate death of ISN156. I I I I I d. tu/IfOUO) Available guards and the corpsmen from Camp V responded immediately to thel (b)(1)(E) ~ arriving to the cell shortly after 1400. The guard team donned th~ei~r::":'::':":":':':::~ protective , entered the cell, secured ISN 156, and began basic life support, wi Ib~~.~~~~~Ob. and (1l)«~~~),~b~~gOb. alternating chest compressions. Adhering to appropriate SOPs, the guard team performed admirably with respect to their promptness in responding to the code, their entry into the cell, and their life-saving attempts. 8. ~\JlmoU~ Finding: The JMG SOPs require that all detainees requiring medical attention should be immediately transported to the DH. However, the SOP does not account for the unavailability of medical doctors at the DB on weekends. (Facts 111-13, Exhibit 112) EtJI.q:QYQ) Discussion. Around 1425, the ambulance arrived from Camp V to the DH. The registered nurse on duty at the BHUIDHI (6)(3):~).~~md6.'61~assessed the situation, and based on the condition ofISN156 and the fact that it was a weekend and there were no medical doctors on site, sent the ambulance to the NAVSTA Hospital. The registered nurse at the BHU 65 SECftE'fS?QOFORN demonstrated quick thinking and sound decision-making based on the circumstances. The stop at the DH did not contribute to ISN156's death but could waste time in other circumstances. 9. f(:JlW9Y9) Finding: Several factors contributed to the ability ofISN156 to hoard medications. These factors include inconsistent JDG and JMG SOPs with respect to Med pass, confusion on the part of the guards, corpsmen, leadership (camp, JDG, and JMG) regarding what the SOPs require, and in many eases, failure to comply with Med Pass SOP requirements. These failures contributed to the death of ISN156 in that they permitted ISN156 to be able to hoard medications. (Facts 190-200,208..10,212-27) (U) Discussion. a. (H'/F8UO~ The JOG SOP and the JMG SOP governing Moo Pass are inconsistent with resnect to key orovisions.l (b){7)(E) b. The JOG and JMG SOPs reauirel (b){7}(E) IThe failure contributed to the ability ofISN156to conceal medications. c. '."'.. The JMG SOP Drohibitsl (b}(7)(E) rnte failure may have contributed to the ability of ISN156 to ultimately hoard the L.p":"lilll'l""s~ thla~t -w-ere-' found in his stomach. 10. ~/W889} Finding: The JMG training procedures and record keeping are flawed. This contributed to the Moo Pass SOP violations and to confusion of JMG personnel. (Facts 208-27) 66 ~ISCIHii+//pjOrQI11'i gECRET//?iOFOR?i (U) Discussion. fU/;/fOUO) The JMG does not have a training officer or section devoted solely to the training ofJMG procedures. The JMG training officer is a psychiatric mental health nurse at the BHUIDH. She is required to see detainees, administer medications, and also oversee other aspects ofnursing operations with respect to the nurses and corpsmen under her charge. Accordingly, she is not able to devote the necessary time and resources to ensure that the training and training records ofnurses and corpsmen are consistent and proper. 8. b. fU'lfOUO) The training records for the JMG nurses, corpsmen, and other medical personnel are in many cases missing, incomplete, and/or do not reflect what the trainees later indicate they understood from the training. Several ofthe training records were signed off on by the Senior Nurse Executive, as recently as 16 October 2012, for training that was allegedly conducted in May 2012. The Senior Nurse Executive is responsible for the execution ofthe JMG training program. Ultimately, the JMG Commander is responsible for the JMG training program itself. The Senior Nurse Executive acknowledged deficiencies in the maintenance of the training records, and indicated he is working to prevent the problem from happening again. c. fU/.q:OUO) There exist deficiencies not only in how the JMG training records are maintained, but in how the actual JMG training is being conducted. Either the information being put out at the training is incorrect, or the training is not being conducted vigorously enough. Either way, the end result is that nurses and corpsmen are confused about what the SOPs require with respect to many aspects ofJMG operations, or are aware ofthe SOPs and are choosing not to follow them. d. E'Q'K'OUO) Finally, although the JMG training certificates provided indicate that corpsmen and nurses are bein trained (b)(7)(E) several corpsmen noted that they in fact were told not (b}(7}(E) because it would anger the detainees. The JMG Training Officer herself indicated that as of February 2012, thel (b)(7)(E) (b)(7)(E) ~ The few complete training records that exist for the nurses and corpsmen indicate that in May 2012, trainees were required to sign a (b)(7)(E) I I (b)(7}(E) 11. (,"'W9B9} Finding: The JDG training program is well-supported, in that there is an entire battalion headquarters S~3 section (from the 52Stb MP Battalion) devoted'to ensuring that, among other things, guards are properly trained. (Facts 137-44) (U) Discussion. a. fl,J/JfOWO) The battalion 53 conducts the training of the JOG guards. The JOG training records were provided promptly to the Investigative Team and were very weJldocumented and maintained. 67 SECRETh'P;OFOR1# b. EtJ/.q:QYQ) However, the guards at the BHUIDH are not currently receiving training on the unique challenges presented by detainees housed at the BOOIDH. While the responsibility to provide medical and mental health care to the detainees ultimately rests with the JMG. the BHUIDH guards would better be able to perfonn their guard functions ifthey were at least familiar with certain aspects of how the JMG administers care to psychiatric detainees. 12. tyilFelie~ Finding: There are other SOP violations impacting the operations of tbe Camps. (Facts 145, 147, 153-58, 159, 161; Exhibits 41,109) (U) Discussion. a. ~;'}fOUO~ The JDG SOP prohibits detainees from feeding the wildlife, including banana rats, iguanas, and stray cats, at JTF-GTMO. Guards and medical personnel are failing to enforce this SOP, and detainees consistently feed wildlife while at the recreation areas. This failure to enforce the SOP in no way contributed to the circumstances surrounding the death of ISNIS6. Pennitting detainees to feed the wildlife, however, is creating serious risk that a detainee could be bitten by a wild animal, and is a dangerous practice. The JDG Commander is not aware that detainees are feeding the wildlife, other than pigeons, and the JMG Commander is unaware that detainees are feeding any wildlife. b. fU/IfQl:IQ~ The JOG SOP establishes a strict method of control for detainee basic issue and comfort items, which shall be exchanged on a one-for-one basis. Medical personnel at the BHUIDH are causing stress on the guard force by providing detainees additional, unauthorized comfort items. such as blankets. Detainees are aware of the policy that items turned in through official laundry channels will only be replaced by the set number of items authorized. To avoid creating problems with the detainees, the guards at the BHUIDH are taking it upon themselves to launder the additional, unauthorized comfort items, and are returning them to the detainees. Medical personnel, including leadership, are not always aware ofthe impact that their decisions have on the guard force. 13. fU"W~~ The JDG and JMG leadership are not communicating sufficiently wit~ each other to ensure that their respective detainee operations practices and policies are consistent and synchronized. (Facts 125-26, 147-48, 158, 195-200,205-07) (lHlfOUO) Discussion: The JOG and JMG leadership are not ensuring that the policies set forth by each are being communicated to the other. Examples of this lack of communication have been provided above in discussions oCthe differences with brevity codes SOPs and Med Pass SOP. Guards working at the BHUIDH are not familiar with all of the policies and practices of the JMG and the JMG SOPs. When the JMG changes its SOPs, it is not always pushing that infonnation down to the guards at the BHUIDH. 68 SECIl£T,Y?iOr8RPi 14. f8/IP080) Finding: The JMG would be better served by a command and stafTthat is solely focused on JMG operations. (Facts 205-07; Exhibits 31, 38) (U) Discussion. a. fYNfOUO) The Joint Medical Group Commander also serves as the Commander of the Guantanamo Bay Naval Station Hospital. As such (b)i3l::~.~~gOb.lbl is dual-hatted. Although there is some degree ofoverlap between medical operations. the operations at the Joint Medical Group require a great amount of resources and attention due to their unique and challenging nature. Because of how the eUITent commands are structured, (b)m::I.~~~~~50b.lbJ is not able to devote the time and attention that JMG medical operations require. b. ~J'fg~g) The JMG commander and senior leadership. including the Senior Nurse Executive, are largely removed from several aspects of what is going on at the tactical level at the BHUIDH and the camps. For example, the JMG Commander and the Senior Nurse Executive both understandr I (b){7)(E) I~other example is that the JMG leadership are unaware that detainees are feeding wildlife. and acknowledge that the practice could be extremely dangerous. 15. flI/W9~9) Finding: The deficiencies and failures identified at the JDG and the JMG are not solely attributable to the short rotation times. (Facts 125-228) (UNrOVO) Discussion: Many ofthe deficiencies and failures identified in this investigation are due to a failure to synchronize JOG and JMG SOPs, a failure of the JMG to properly train the material contained in the SOPs, and a failure of the IDG and JMG to enforce the SOPs once trained. Ultimately. the JOG Commander and the JMG Commander are responsible for the SOPs, and ITF-GTMO is responsible for ensuring the synchronization of the SOPs. (U) Part 3: RECOMMENDATIONS 1. Recommendation: The JDG and JMG Commanders and leadership should improve and expand the scope of their communications between the JDG and the JMG. Discussion: Because the Battle Update Briefdoes not provide a sufficient forum for the JOG and JMG Commanders to exchange information regarding systemic problems affecting JTF-GTMO detention operations, the JOG and JMG Commanders should, at a minimum. meet biweekly to address such systemic problems. 69 6ECRETNNOFORN SECM'flRfOfOftIV 2. Recommendation: Tbe JDG and JMG sbould syncbronize JDG and JMG SOPs to ensure tbat they are consistent. Discussion: By synchronizing SOPs, the JOG and JMG will eliminate inconsistent provisions that currently exist, for example with respect to Medication Administration ("Med Pa.ss") and Brevity Codes and actions to be taken in cases ofdetainee emergency. The SOPs should be revised to ensure that IDG and JMG pet"30nnel are able to execute their respective missions while taking on only acceptable risk. The JOG and JMG Commanders should be the ones ultimately responsible for their respective SOPs. 3. Recommendation: Once the JDG and JMG Commanders synchronize their SOPs, they should ensure that changes and updates are passed down to the guard force aud medi~l personnel. Discussion: Where there are specific provisions in the IDG and JMG SOPs that affect or assign responsibility to the guards or medical personnel, the IDG and JMG Commanders should ensure that the infonnation is not just flowing vertically (from the Commander down to the operator) but also horizontally between the JOG and JMG. 4. Recommendation: The JMG Commander must better understand how the SOPs are in fact carried out vs. his current understanding which contradicts actual practice. 5. Recommendation: Because of the special challenges presented by detainees with mental health issues at the BHUIDH, the JDG should incorporate a block of training for guards that are assigued to the BHUIDIL Discussion: The training should familiarize the guard force with general medical principles that apply to detainees under medical or mental health care to enable the guards to better execute their mission. The JMG should be responsible for developing and conducting the additional block offamiliarization training. 6. Recommendation: Medical personnel should not have the authority to make decisions that contradict JDG SOPs, without previous command coordination. Discussion: The JMG Commander should impress upon the medical personnel the fact that their decisions affect the guard force. 7. Recommendation: The S2Stb MP BN should continue with the current rigorous and comprebensive training program and training records maintenance it currently bas in place to train JDG guards. 70 SECiHS'F;';?iSFOUN CHCRU'F.1?fOPORN 8. Recommendation: The JMG should establish a training section, whose sole responsibility and mission is planning, coordinating, executing, and documenting aU training of JMG personnel. Discussion: The training of JMG personnel should be reinvigorated and reinforced to ensure that lMG personnel are familiar with SOPs and understand the critical need for the highest compliance with SOPs. 9. Recommendation: JDG and JMG Commanders and leadership must re-enforce and retrain all personnel with respect to SOP requirements for line of sight. Discussion: To emphasize the real-world importance of following the SOPs, the line of sight training should include specific reference to how failures to follow the SOP regarding line of sight may have contributed to the death ofISN156. JOG and lMG training should include a specific block, to be certified on the training records by the training officer, regarding line of sight lOG and JMG Commanders should also consider re-introducing a document to reflect a detainee's actions at regular intervals ~ (b)(7}(E) t during line ofsight. 10. Recommendation: JDG and JMG Commanden and leadership must re-enforce and re-train all personnel with respect to SOP requirements for Medication Administration ("Med Pass"). ..... ---.11 To emphasize the real-world importance of following the SOPs, the Medication Administration training should include specific reference to how failures to follow and enforce the SOP regarding Medication Administration contributed to the attempted suicides by several detainees. This training should only be conducted after the JDG and JMG Commanders have synchronized and made consistent their SOPs regarding Medication Administration. 11. Recommendation: In the process of synchronizing their respective SOPs, the JDG and JMG Commanders must analyze the risks and benefits associated with either not specifically (b)(7)(E) Once the JDG and JMG Commanders have analyzed the matter from a risk I benefit standpoint, they should revise and finalize their SOPs to clearly reflect their determination regarding whether (b)(7)(E) I - I -,I (b)(7)(E) I I I 12. Recommendation: JDG and JMG Commanders must re-enforce and re-train all personnel with respect to SOP requirements regarding not feeding wildlife. 71 I 6£CRETh?iOra itt, Discussion: Commanders should engage the Preventive Medicine section to ensure that the Preventive Medicine section is aggressively addressing the issue ofwildlife in the camps. 13. Recommendation: The JDG Commander should revisit the issue of whether to (b)(7)(E) Discussion: In revisiting the issue, the JDG Commander should consider consulting with the ]MG Commander as the matter relates directly to the opportunities for detainees (b)(7)(E) I (b)(7)(E) I I I 14. Recommendation: Commander JTF-GTMO, in coordination with USSOUTBCOM, wiD review the command and control structure of the JMG and provide a recommendation to address concerns raised in this report. Discussion: Because ofthe critical nature and unique complexities presented by detainee medical care, the current JMG Deputy Commander would be a logical choice for an interim commander. The current JMG Commander should continue his role solely as the NAVSTA Hospital Commander. During this interim period, USSOUTHCOM should engage the Navy to assess and detennine whether an additional command billet is required for future rotations. 15. Recommendation: JTF-GTMO should establish, with USSOUTHCOM oversight, a rigorous inspection program designed to detect tactical level deficiencies in detainee operations at JTF-GTMO across a broad spectrum of operations, to include medical, legal, and intelligence, and security. Discussion: The inspection program should require checklists for each section to identify specific deficiencies and should include USSOUTHCOM assets who have training and background with respect to JTF-GTMO and how to conduct rigorous inspections. The inspection program must include a mechanism whereby the inspectors are following through and verifying that JTF-GTMO is promptly and effectively correcting identified deficiencies. The Field-Grade-in-the-Wire program should be entirely revamped and invigorated or eliminated altogether, as it is currently not detecting critical deficiencies in detainee operations at JTFOTMO. 16. Recommendation: the Commander, JTF-GTMO must provide a concrete, detailed plan and timeline to USSOUTHCOM with respect to how he plans to implement any reeommendatioDS made here.18' 189 Many ofthe recommendations in the report mirror recommendations from earlier investigations, specifically Recommendations S and 13 from tho investigation into the death ofISNI0028 (18 May 2011) and 72 6ECRE'TH?lOFOR;'i SECRi3'f/.?i Sye Wi Discussion: JTF-GTMO has not implemented many of the required changes identified in previous detainee death investigations. The JTF-GTMO Commander should also provide consistent feedback and updates as to how the actual recommendations are being implemented. The JTF-GTMO Commander should determine how best to implement the actual recommendations, but should require the JOG and JMG Commanders to provide him information with respect to the specific recommendations that fall to the JOG and JMG Commanders. 17. Recommendation: Commander, USSOUTHCOM, refer this investigation to Commander, JTF-GTMO, for appropriate corrective and/or administrative action. Discussion: As noted in the findings, many of the deficiencies and failures identified in this investigation are due to a failure to synchronizc JOG and JMG SOPs, a failure of the JMG to properly train the matcrial contained in the SOPs, and a failure of the IDG and JMG to enforce the SOPs once trained. It should be noted that while ultimately, the JDG and JMG Commanders are responsible for the SOPs, and JTF-GTMO is responsible for ensuring the synchronization of the SOPs, both the current JOG and JTF-GTMO Commanders were in the first 90-days of command at the time of ISN 156 deaths. Recommendations 1,2,3,4,8, 11, 12, 13, 16, 18 from the investigation into the death ofISN782 (1 February 2011). (Exhibits 124, 125) 73