Department of Defense Directive, Number 3115-.09, DoD Intelligence Interrogations, Detainee Debriefings and Tactical Questioning, dated 11 October 2012 and all enclosures
Excerpts from DODD 3115.09 relevant to TQ
This Directive applies to: DoD military personnel, DoD civilian employees, and DoD contractor personnel to the extent incorporated in their contracts, who conduct or support intelligence interrogations, detainee debriefings, or tactical questioning.
It is DoD policy that:
DoD military personnel, DoD civilian employees, and DoD contractor personnel shall conduct intelligence interrogations, detainee debriefings, and tactical questioning of individuals in U.S. or foreign custody in accordance with applicable law, the requirements in this Directive, and implementing plans, policies, orders, directives, and doctrine developed by the DoD Components and approved by the Under Secretary of Defense for Intelligence (USD(I)).
No person in DoD custody or physical control, detained in a DoD facility, or otherwise interrogated, debriefed, or questioned by DoD military personnel, DoD civilian employees, or DoD contractor personnel shall be subject to cruel, inhuman, or degrading treatment or punishment as defined in title XIV of Public Law 109-163, also known as “The Detainee Treatment Act of 2005” (Reference (f)). Acts of torture, as defined by section 2340(1) of title 18, U.S.C. (Reference (g)) are prohibited. All intelligence interrogations, detainee debriefings, or tactical questioning by DoD military personnel, DoD civilian employees, or DoD contractor personnel to gain intelligence from individuals in U.S. or foreign custody shall be conducted humanely in accordance with applicable law and policy. Applicable law and policy may include relevant international law, including the law of war, U.S. law, including Reference (f), Executive orders, including Executive Order 13491 (Reference (h)), applicable DoD issuances, and U.S. Army Field Manual 2-22.3 (Reference (i)).
Only DoD interrogators who are trained and certified in accordance with the standards established pursuant to subparagraph 3.d.(2) of Enclosure 2 of this Directive may conduct DoD intelligence interrogations. Only DoD debriefers who are trained and certified to conduct detainee debriefings in accordance with the standards established pursuant to subparagraph 3.d.(2) of Enclosure 2 of this Directive may conduct DoD detainee debriefings.
All reportable incidents allegedly committed by any DoD military personnel, DoD civilian employees, or DoD contractor personnel, or non-DoD U.S. or foreign personnel shall be reported and investigated in accordance with the procedures outlined in Enclosure 3.
DoD personnel who conduct, support, or participate in tactical questioning shall be trained, at a minimum, in the law of war and humane treatment standards.
tactical questioning. The field-expedient initial questioning for information of immediate tactical value of a captured or detained person at or near the point of capture and before the individual is placed in a detention facility. Tactical questioning is generally performed by members of patrols, but can be done by any appropriately trained DoD personnel. Tactical questioning is limited to direct questioning. (DoDD 3115.09)
captured or detained personnel. Any person captured, detained, held, or otherwise under the control of DoD personnel (military or civilian). This does not include DoD personnel or DoD contractor personnel being held for law enforcement purposes. (DoDD 3115.09)
Tactical Questioning. Direct questioning by any Department of Defense personnel of a captured or detained person to obtain time-sensitive tactical intelligence information, at or near the point of capture or detention and consistent with applicable law. (JP 3-63)
Detainee. A tem used to refer to any person captured or otherwise detained by an armed force. (JP 3-63)