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Army Judiciary 901 North Stuart Street, Suite 1200 Arlington, Va •POURT-MARTIAL RECORD' NAME Re.DeRrcK LVAA) L. Ir SS SSN ACTIONS CODED: ASSIGNED'[' INITIAL PANEL at ACCA EXAM. DIV. FINAL COMPANION(S): RETURN THIS FILE TO: OFFICE OF THE CLERK OF COURT US ARMY JUDICIARY 901 NORTH STUART STREET, SUITE 1200 ARLINGTON, VA. 22203-1837 VOL -ELL OF = VOL(S) C ARMY 2 0 0 4 1 1 2 9 JALS-CC FORM 24, 1 OCTOBER 2000 01 . 9617 ACLU-RDI 1758 p.1 DOD-042697 VOL VIX,of ORIGINAL COPY vEpmmorne RECORD OF TRIAL2 (and accompanying papers) OF FREDERICK, Ivan L., II 1111111111111, Staff Sergeant (NAME: Last, First Middle Initial) (Social Security Number) (Rank) HHC, 16th MP Bde (ABN) III Corps US Army Victory Base, Iraq (unit/Command Name ) (Branch of Service) (Station or Ship) BY GENERAL COURT-MARTIAL CONVENED BY COMMANDING GENERAL (Title of Convening Authority) Headquarters, III Corps (Unit/Command of Convening Authority) TRIED AT Baghdad and Victory Base, Iraq ON 19 May, 21-22 Jun; 24 Aug; 20-21 Oct 04 (Place or Places of Trial) (Date or Dates of Trial) COMPANION CASES: SPC AMBUHL, Megan M. -`7 SGT DAVIS, Javal SPC GRANER, Charles A., Jr SPC HARMAN, Sabrina D. SPC SIVITS, Jeremy C., SPC CRUZ, Arman J., PFC ENGLAND, Lynndie R. , 111111.111111 Appellate Exhibit IX through Appellate Exhibit,XXVI'I CD -c) Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim rearfs9f6i sily.) 2 See inside back cover for instructions as to preparation and arrangement. DD FORM 490, OCT 84 Previous editions are obsolete. FRONT COVER 2 0 0 4 1 1 2 9 ACLU-RDI 1758 p.2 DOD-042698 50 1 SPECIAL AGENT Same individual known as 2 with the wires attached to his fingers and, 3 excuse me, around his neck on the MRE box. (0-1- 4 CAPTAIN Now is that the same photo as 5 the other one? 6 SPECIAL AGENT Mir I believe so. It's 7 distorted. (9tql 8 CAPTAIN". W ich means Sergeant Frederick ll 9 is not in thehotograph? 10 SPECIAL AGENT No, he's not. I believe 11 it's the same 12 CAPTAIN gimp Let me make sure I ... I'm 13 handing you Prosecution Exhibit 11, you can just 14 compare them. 15 Are these the same photographs? 16 SPECIAL AGENT Amp Yes sir. Different 17 photographs. Sorry. inaudible) picture in this one 18 is the same 19 CAPTAIN Different snapshots? 20 SPECIAL AGENTAIIIIII, Yeah. 21 CAPTAIN /MN, I'm sorry. I wasn't clear on 22 that. co-o- 019619 ACLU-RDI 1758 p.3 DOD-042699 51 1 SPECIAL AGENT I think you can see from 2 12, his: foot down lo VIA-Aer. Different picture in the 3 same location. 4 CAPTAIN Okay. Thank you. That's all 5 for that one. ( Sorry. Move for Prosecution Exhibit 6 12 for identification as evidence as Prosecution 7 Exhibit 12. Prosecution Exhibit 13 handed to the 8 witness, Prosecution Exhibit 13 for identification, 9 do you recognize that? 10 SPECIAL AGENT NO-1 Yes sir. 11 CAPTAINAIIIIII: kay. And what is that? C17)Ca' L 12 SPECIAL A ENT That is detainees and they 13 were forced t masturbate, masturbate themselves 14 CAPTAIN MEM Okay. Tell us the story that 15 you know from the investigation of that. 16 SPECIAL AGENT I believe it was in Harman 17 or England's statement where they stated Sergeant 18 Frederick grabbed one of the detainees, put his own 19 hand on his penis and made a motion to masturbate and 20 the detainees continue doing this for a while. And 21 that right there is England posing in the picture. 22 From her statement, she said she didn't want to, but 23 she did it anyway. 019620 ACLU-RDI 1758 p.4 DOD-042700 52 1 CAPTAINIIIIII, Anything else in there that 2 shows how yo recognize that or who are they? 3 SPECIAL A ENT It looks like it's a lower 4 (inaudible) doors, metal d ors behind it, again, on 5 the bottom le t side of ( naudible). 6 CAPTAIN Do ou know of any interrogation 7 technique that calls for, having masturbation? 8 SPECIAL AGENT No sir. 9 CAPTAIN . Or any other kinds of MP SOP? 10 SPECIAL 4NTAIIIIIIP No sir. The MI's would 11 be, when they ave us the copies of, it's very 12 detailed and hat they can and can't do as far as, 13 (inaudible) f od, monitor food intake, that's also 14 monitored byi he (inaudible). 15 CAPTAIN Sir at this time, you mentioned 16 that this is classified. Is this classified, and if 17 so, (inaudible). 18 CAPTAIN101111. I think he said the details of 19 it are. (91G1 -L 20 SPECIAL AGENT (inaudible) classified and 21 they gave us copies of different pages that have, so 22 we could have (inaudible) SOP is as far as what 23 they're allowed and can and can't do. 019621 ACLU-RDI 1758 p.5 DOD-042701 53 1 CAPTAIN rallifiV (inaudible) 2 MAJOR 0111,111109ht's fine sir. You don't need 3 to go any further. st'get the general idea. 4 That's all I'm aski 5 CAPTAIN Prosecution moves for 6 Prosecution Exhibit 13 for identification into 7 evidence as Prosecution Exhibit 13. Prosecution 8 Exhibit 14 for identification. I've handed 9 Prosecution Exhibit 14 for identification to the 10 witness, do you recognize that? 11 SPECIAL AGENTAIIIIIV Yes sir. 12 CAPTAIN A d what is that? 13 SPECIAL AGENT That is one of the two of 14 the same detainees who were in the naked pyramid and 15 one being forced to have his head pressed into the 16 other individual's ... 17 CAPTAIN And how do you recognize that? 18 SPECIAL AG N T gling Same area with the metal 19 door behind it, (inaud ble) lower level where the 20 isolation cells are at 21 CAPTAIN 'm sorry. 22 SPECIAL AGENT 111111. That also corresponds with 23 some of the statements saying that they were forced 019622 ACLU-RDI 1758 p.6 DOD-042702 54 1 to stimulate performing oral sex, which looks like 2 they're doing it in one of the pictures along with 3 statements (inaudible). 4 CAPTAIN Okay. Move for Prosecution 5 Exhibit 14 for identification into evidence, 6 Prosecution Ex ibit 14. Prosecution Exhibit 15 for 7 identification hand that to the witness, do you 8 recognize that 9 SPECIAL AGENT 1111.11: Yes sir. 10 CAPTAIN : lend what is that? 11 SPECIAL AGENTS I believe that's the same 12 two individuals as this one here. There's a better 13 view from the front, bag off his head with his head 14 right against, right near the other individual's 15 penis. 16 CAPTAIN Do you recognize anybody else in Miq 17 there, anybody else in that picture? 18 SPECIAL A ENT I don't recognize anybody 19 else. That's the lo Ser0 1evel again (inaudible) on 20 the left side. 21 CAPTAIN oes that appear to be a solider 22 or ... 23 SPECIAL AGENT A detainee sir. 019623 ACLU-RDI 1758 p.7 DOD-042703 55 1 CAPTAIN rill/ • They're all detainees? Z 2 SPECIAL NT Yes sir. 1. 3 CAPTAIN PVve for Prosecution Exhibit 4 15 for identification evidence Prosecution 5 Exhibit 15. Prosecutio hibit 16 for 6 identification, hand th-t the witness, Sergeant 7 Bobeck, do you recognize at? 8 SPECIAL AGENT Yes sir. 9 CAPTAIN And what is that? 10 SPECIAL 4 This is Sergeant 11 Frederick's (inaudible) with a detainee in between, 12 he's sitting on the back of one without. And that 13 area right here is ... Do you have your sketch sir? 14 This is a h llway right outside here (inaudible) is 15 the very bot om of (inaudible). 16 CAPTAIN The witness is indicating on 17 Tier 1 (inaudible) by the steps by the guard, where 18 it's identified as the guard area. Does he appear to 19 be doing any military functions in that picture? 20 SPECIAL AGENT No sir. 11 21 CAPTAIN W at does he appear to be doing? 22 SPECIAL AGENT Just posing for a picture, 23 sitting on a detainee's back. 019624 ACLU-RDI 1758 p.8 DOD-042704 56 1 CAPTAIN Move for Prosecution Exhibit 16 2 for identifk) T16n into evidence as Prosecution 3 Exhibit 16. 'rosecution Exhibit 17 for 4 identificatio Special Agent do you 5 recognize tha 6 SPECIAL A ENTIIIIII. Yes sir. ,C)W\ 7 CAPTAIN And what is that? 8 SPECIAL AGENT This is when they 9 initially were brought up from Ganci after the riot. 10 They're still bound with custody cuffs. They still 11 have all their clothes on. This is ... 12 CAPTAIN is Do you recognize the area where 13 that is? 6\ :1" 14 SPECIAL 1 GENT It looks like the lower (91("0 15 left side ag in, again (inaudible) by the isolation 16 cells. 17 CAPTAINIIIIIII: D you remember any of the 18 interviews regarding 1 ying in the pile, dog pile 19 there? 20 SPECIAL AGENT Yes. Initially they were 21 brought up (inaudible) took them one by one and 22 (inaudible). And that's when they started, they got 23 stripped. 019625 ACLU-RDI 1758 p.9 DOD-042705 57 1 CAPTAIN M. Do you recall anything that took (1(1-'1' 2 place before they were naked? 3 SPECIAL AG NT Before they were naked, 4 they were piles up an some of the guards took turns 5 jumping into t e pile for no apparent reason.
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    What Did You Expect? Roger Buehl ews reports about abuses by U.S. soldiers at the Abu Ghraib prison Ncaptured the attention of the nation and the world. There were some related news reports noting abuses and even deaths at the twenty Afghani prisons and questioning the harsh conditions and interrogation tactics being employed at the Guantanamo Bay detention facility. But the primary news focus has been on the Abu Ghraib prison abuses because graphic details and photos supported those reports. Over the past months we heard the stories about atrocities and coercive interrogation tactics, and we have seen the photos of soldiers grinning, gesticulating and standing atop bound and dead prisoners. The guilty-plea statement by Spc. Jeremy Sivits detailing what he witnessed during his one visit to the Abu Ghraib prison is truly shocking. The general public and many in the U.S. Congress have expressed surprise, disgust and outrage at the soldiers’ conduct, and rightfully so. In contrast, the reaction and “apology” by the president and his cabinet appeared insincere and contrived, directed more to “damage control” than anything else. What astounds me is that Americans generally, and the politicians in particular, did not anticipate or expect that this sort of thing was going on! As a state prisoner of twenty-plus years, there was absolutely no question in my mind that alleged Al-Qaeda, Taliban and Iraqi prisoners and detainees were being subjected to severe conditions and coercive interrogation tactics. Anyone familiar with human nature in the prison context, and even slightly cynical about the many confessions obtained, could have arrived at the same conclusion.
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