This document provides information about a complaint investigation regarding detainee holding in Task Force Afghanistan. It lists 12 individuals involved in the complaint as witnesses or subjects, including investigators and military police. Key details provided include names, roles, contact information, and demographic data for each individual.
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28987498 Afghan Detainee Documents Csc Sampis Files Part 2
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Distribution List
Action
CEFCOM (Ihru CF.FCOM PM)
Info
CFPM
COCFNIS
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• Related Event(s)
CP 2008-6259
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Complaint Information
Incident Location
Address: KANDAHAR PROVINCE TASK FORCE AFGHANISTAN
Zone:1NV
General Information
Type: PRIME
Case type : NEGLECT / NEGLIGENCE Priority: 9,
Time received: 13:52:11
Dispatched:
Cleared: 14:02:44
How received: BY MAIL
CalIlaker ID : TRC -HACHE, MICHEL D. (ro12008-09)
Complainant Information
Remarks :
NEGLECTINEGLIGENCE - CFNIS (HQ) TASKED CFNIS (PR) WITH INVESTIGATING A
COMPLAINT REGARDING A DETAINEE HOLDING IN TFA. P02 HACHE ASSIGNED AS
THE PRIMARY INVESTIGATOR.
Clearance Information
Remarks: COMPLAINT FORWARDED FROM MPCC TO CFNIS (HQ), THEN ASSIGNED TO
•
CFNIS (PR)
Final Case type : NEGLECT / NEGLIGENCE
Reporting officer I : 3968 -HACHE, MICHEL D. (rei 2008-09)
Report expected: YES Founded: YES
Cleared by : FINAL
Related person(s)
I. WITNESS - 01 (Case-specific)
WORSFOLD, GILLIAN CLARE, MS
FEMALE
Residing atl~--------------
Phone num"'II<"'n=-----'~------
HOME : : lext.
BUSINESS: (250)363-5598 ext.
DND Partleulan
Service D1uober (SN) lL --'
Rank : Capt(Laud)
Military occupation (MOC) ; 00161 MPO
UIC; ESQUlMALT. CFB ESQUlMALT
Component ID : Regular Force
Occupation: SERVICE MEMBER
Employed by CANADIAN FORCES NPM(P)
Citizenship: CANADIAN
Marital status~r==""----'
Ethoicity j
• Remarks: BADGE #5256
2009/03/30
IS,.H.-&T"IFRE N"C~--'
Language',":E""'G,.,...L.. .......
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•
G(J#ZlJ08.62S9 --
I- --
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Linkage factors
L Jethnicily,
Master Name Summary
WORSFOLD, GILLIAN CLARE, MS
FEMALE _
Residing a~
Phone nJllMIIlDme"'.r..- - - - - - - - - - - -
HOME:L .._~
BUSINESS: (250)363-5598 ext
DND Partlculan
Service number (SN)
Rank : Capt(Land)
~ !
Military occupation (MOC) : 00161 MPO
UIC : ESQUIMALT - CFB ESQUIMALT
ComponentlD : Regular Force
2. WITNESS· 02 (Ca....pecific)
UTTON, CAROL ANNE, MRS
FEMALE Born o~
Phone numben '-------
BUSINESS: (613)945-5235 ext
• DND Partleulan
Service number (SN)
Rank : Sgt(AIr)
Military occupation (MOC) : 00161 MP
1'--__--'
UIC : OTTAWA - J2/DIR GENERAL INTELLIGENCE (J2IDG INl)
Component ID : Regular Force
Employer address NDHQ OTTAWA
Marital stalJlsi ]
Ethnicity:~ r-
I"Langu=-::::iacge-:n:E,.N"G"'L"'I,.SH"". .
Remarlcs : BADGE # 3643
J
Linkage ractors
I ~tbnicily,
Master Name Summary
UTTON, CAROL ANNE, MRS
FEMALE, Born onL I
Phone numbers
BUSINESS: (613)945-5235 ext
DND PartlcDlan
Service number (SN) 1
• Rank: sgt(AIr) ---
Military occupation (MOC) : 00161 MP
Ule : OTTAWA - J2/D1R GENERAL INTELLIGENCE (J2IDG IN1)
Comnonent ID : R...u1ar Force
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4. • 3. INVOLVED _Case-specific)
MALE,iiii
Residing at KANDAHAR PROVINCE
Occupation: LAND ROVER
Citizenship:
Marital status :
Elhnicity
L e
Eye colour:
Hair colour
Hair style:
FaCialhair~lour :
Facial hair s Ie:
Remarks
Linksge factors
_etbnicity,
seooiiilary role(s) in event:
Master Name Summary
• 4.
~
R~ig~PROVlNCE
INVOLVED - 02 (Case-specific)
HUDSON, BERNARD CHARLES, MR
MALE, Born on I I
Residing a1
Phone num~t>e=rs:---'--------
HOME:I . I
BUSINESS"': (613j54I-S0U)' ext.
FAX: (613)541-5903 ext.
Occupation: TFPM
Employedb JTFAI/07ROT03 MPCOMPANY
Ethnicity
Lipkage factors
L ---.J~thnicity,
•
Master Name Summary
HUDSON, BERNARD CHARLES, MR
MALE, Born ani I
Residin~
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5. f·'
~~2s9.
• Phone numtk..
HOME:f
rs.--------'
I.
BUSINESS: (613)1 / HI/1I4 ext.
FAX: (613)541-5903 ext.
DND Pardculan
Service uumber (SN) :1
Rank : Maj(Laud) --1
Military occupatiou (Moe): 00161 MILITARY POLICE MP
mc : LAND FORCE DOCfRlNE AND TRAINING SYSTEM HEADQUA
Component In : Regular Foree
5. INVOLYEO - 03 (Case-specific)
LENTON, WILLIAM, MR
MALE
Phone numbon
BUSINESS: (613)944-7857 ext.
Occupation: INVFSTIGATOR
Employed by MPCC
Ethnicity:
• Linkage factors
I lethnicity,
Master Name Summary
LENTON, WILLIAM, MR
MALE
Phone numbers
BUSINESS: (613)944-7857 ext.
6. INVOLYEO - 04 (Case-specific)
GRANT, TIMOTHY
MALE
Phone numbon
BUSINESS: (705)494-2011 ext. 5131
OND P!lrtIculan
Rank: MGen(Laud)
Ethnicity :
Remarks: FORMER TFA COMD
Linkage factors
L ~_--''city,
• Master Name Summary
GRANT,
MALE
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6. •
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Phone numbers
BUSINESS: (705)494-2011 exl.5131
DN» ParticuJan
Rank : Gen(Land)
7. INVOLVED - 05 (Case-spedfic)
SMITH, ANDREW MR
MALE, Born onl _
I'
Residing __J
Phone nnmllen
~g~JS: ( >XXX-XXrl ext xXXX
DN» P.rticnlan
Service number (SN)
Rank : Sgt(Land)
C==:J
Mililary oocupation (Moe): 00161 MP
VIC I
Comkpo~n~eo~I~I~D~:~K~eg-W~a¥r~'~otte-------------------
Cilizenship: CANADIAN
Marital slatus~
•
Ethnicity l I
Longuage L -E~G-LJlj-H----..--J
:
[ . ~
~:ir ~k==---.-J
Remarks :~"Eli3499
~ethnicity ,
8. INVOLVED - 06 (Caoe-speclllc)
SIEPKA, MAGDALENA, MS
• FEMALE Born on I
Residing atl
Phone numbers
2009/03130
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. CFP:M 1 GPFC .. .
HOME:~
BUSINE : ~liJ31943-l1
sot ext.
CELLULAR: I
DND Particulan
Semce nwnber (SN) jL~~---'
Rank: LCdr
Military occupation (MOC) : 00204 LEGAL
VIC : OTI'AWA - JUDGE ADVOCATE GENERAL
Component ID : Regular Force
Occupation: LEGAL ADVISOR
Employed by ITFA 1/07 ROTO 3 LEGAL ADVISOR
Ethnicity :
Linkage factors
I lethnicity,
Master Name Swnmary
StEPKA, MAGDALENA, MS
FEMAL11!2.m onl __ .L-__ .~.
;:::~:umbers
HOME:l I
J
•
BUSINESS: (613)943=8501 ext.
CELLULARj f
DND Particulars
Semce nwnber (SN) C~:=J
Rank: LCdr
Military occupation (MOe) : 00204 LEGAL
VIC: OTI'AWA-JUDGEADVOCATE GENERAL
CompooenllD : Regolar Force
9. MPIlNVEST - 01 (Case-specific)
HACHE, MICHEL DANIEL, MR
MALE, Born 00 I 1
Residing at CFNIS PACIFIC REGION. CFB ESQIDMALT
BRITISH COLUMBI, V9A7N2
Phooe numbers
BUSINESS: (250)363-4756 ext.
Occupatioo : SERVICE MEMBER
Employed by CANADIAN FORCES CFNIS PR
Citizenship: CANADIAN
MaritalSlalus~
Ethnicity :1
Langusge : E GUSH
Rem""'" : BADGE #3968
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Linkage facto",
I --'Iethnicity,
Master Name Summary
HACHE, MICHEL DANIEL. MR
MALE, Born o~ ~
Residing at CFN S PACIFIC GION, CFB ESQUIMALT
BRITISH COLUMBIA, V9A7N2
Phone numbers
BUSINESS: (250)363-4756 ext.
DND Partkulars
Service number (SNJ'- -'
Rank:P02
Military occupation (MOC): 00161 MILITARY POLICE
mc: EDMONTON - CFNIS DETACHMENT WESTERN REGION
Component ID : Regular Foree
10. MP/OTHER - 01 (Case-specific)
DINESEN, MICHAEL THOMAS, MR
MALE
Residing at CFNIS PACmC REGION, CFB ESQUIMALT
BRITISH COLUMBI
Phone numbers
HOME: ( )ux-un ext.
• BUSINESS: (250)363-5541 ext.
Occupation: INVESTIGATOR
Employed by CFNIS CFNIS PACIFIC REGION
Citizenship: CANADIAN
Marital sta;:tus=:~ -L_--,
Ethnicity j
Language : ENLISH
Remarl<s : BADGE #3728
Linkage facto",
I
~------
Iethnicity,
Master Name Summary
DINESEN, MICHAEL THOMAS, MR
MALE
Residing at 101 COLONEL BY DRIVE , OTTAWA
ONTARIO, KIAOIa
Phone numbers
HOME: ( lux-un ext.
BUSINESS: (613)993-7031 ext.
DND ParticuIars
Service number (SN)
Rank: WO(Land)
L=:=J
Military occupation (Moe) : 00161 MP
mc : OTTAWA - CF NATIONAL INVESTIGATION SERVICE
• Component In : Regular Force
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GO/IZOO8-6%S9
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II. MP/OTHER· 0% (Case-spec:ific)
CHAMBE~:t7STIAN J
MALE,Bom
Residing at CFN GION, OTTAWA
Phonenumben
HOME: ( )XXX-XXXX ext.
BUSINESS: (%50)363-4032 ext.
DND Partlculan
Service number (SN) : jk-~_...J
Personal reeonilD (PR!) : 1
Rank : Sgt(Air)
Military occupation (MOC) : 00161 MILITARY POLICE
UlC : OTTAWA - CF NATIONAL INVESTIGATION SERVICE
ComponentlD : Regular Force
Occupation: SERVICE MEMBER
EmPIOYedb:ND ~FBESQUlMALT
Ethnicily :1 !
Remarks : B GE 37
Linkage ractors
t ~thnicily,
Master Name Summary
CHAMBERLAND, STEEVE CHRISTIAN J
.!
•
MALE, Born on ~
RcsidingatCFNI CENIRA REGION. OTTAWA
Phone numbers
HOME: ( )XXX·XXXX ext.
BUSINESS: (250)363-4032 ext.
DND Partleulan
Service number (SN) :l
Personal reconilD (PRJ) : I
::::J
Rank: Sgt(Air)
Military occupation (MOC): 00161 MILITARY POLICE
mc: OTTAWA· CFNATIONAL INVESTIGATION SERVICE
Component ill : Regular Force
12. MPIOTHER - 03 (Case-specific)
GFELLNER, GEORGE
MALE
Residing at CFNIS CENTRAL REGION , OTTAWA
Phone numben
BUSINESS: (613)993-9160 ext.
Occupation: RCMP INVEST
Employed by CFNIS CONSTITUTION BLDG, OTTAW A, ON
Ethnicily :
Master Name Summary
•
GFELLNER, GEORGE
MALE
Residing at CFNIS CENTRAL REGION. OTTAWA
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• Phone numbers
BUSINESS: (613)993-9160 exl.
,," -.
13. MP/OTHER-04 (Case-specifto)
WEATIlERBEE, BRIAN, MR
MALE
Residing at CFNIS PACrnC REGION. CFB ESQUlMALT
BRITISH COLUMBI
Phone numben
BUSINESS: ( )363-5550 ext.
BUSINESS: (:t50)363-4335 ext.
DND PartlouJan
Service nwnber (SN) 1 _
Rank : Capt(Alr)
Military """upalion (MOC) : 00161 MPO
VIC: EDMONTON· CFNIS DETACHMENT WESTERN REGION
Component ID : Regular Force
O<:cupalion: SERVICE MEMBER
Employed by CANADIAN FORCES CFNlS PR
Cilizenship: C:~~
Manta! status ~_.--L
=:-J
•
Ethoicity 1_
Language. El
Remarks: BADGE #:t597 (OC CFNIS PACIFIC)
Linkage raoto,"
Master Name Summary
WEATIlERBEE, BRIAN, MR
'MALE
Residing aj
Phone nu'"m"'D"'. r " ' s - - - - - - - - - - -
e.
BUSINESS: ( )363-5550 exl.
BUSINESS: (:t5O)363-4335 exl.
DND PartlouJan
Service number (SN) :1 _
Rank : Capt(Alr) -
Military """upalion (MOC) : 00161 MPO
VIC : EDMONTON - CFNIS DETACBMENT WESTERN REGION
Component ID : Regular Force
14. MPIOTIlER· 05 (Case-spedno)
LAFLAMME, MARTIN, MR
MALE
Residing at 101 COLONEL BY DRIVE. OTTAWA
ONTARIO
Pbone DQmben
• BUSINESS: (613)852-7950 exl.
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11. • Occupation: MPO
Employed by DND 101 COLONEL BY DR, OTTAWA
Citizenship: CANADIAN
Marital status :~ I
Ethnicity I i
Language: EN USB & FRENC
Remarks: BADGE # 4255 (CEFCOM PM)
Linkage,-"fa=c""t""'''''-- _
c= pthnicity.
Masler Name Summary
LAFLAMME, MARTIN D, MR
MALE
Residing all
Phone num6b~e"'rs---------
BUSINESS: (613)852·7950 ext.
HOME:I I
DND Partleulars
Service number (SN) ~
Rank: Maj(Laud) ~--~
Military occupation (MOC) : 00214 MPO
UlC: CANADIAN EXPEDmONARY FORCE COMMAND HEADQUARTERS
•
Component ID : Regnlar Force
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Related text page(s)
MPIR COMPLAINT SYNOPSIS
fiLE RECEIVED FROM CFNlS HQ
Author: 3968 -HACHE, MICHEL D. (
Related date: Wed, 12 Mar. Z008 at 08:00
Lock Code: WEQCWAOH
1. 0800 hrs. 12 Mar 08. CFNIS (PR) receiVed~aCkagefrom CFNIS IHQ).
containing various documents (Detainee File • relating to a
complaint lodged with the MPCC. The MPCC in ~cate t at the aforementioned
individual was detained in CF custody for greater than the prescribed 96
hours without justification.
•
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13. • CASE SUMMARY (BRIEF NARRATIVE)
CASE SUMMARY
Author: 3%8 -HACHE, MICHEL D. (
Related date: Wed, 07 May. 2008 at 10:00
Lock Code: RCINXXIE
12 Mar 08, CFNIS (PR) received.package from CFNIS (HQl, containing
various documents (Detainee File relating to a complaint
I
lodged by MPCC. The MPCC indicated that an Afghan civilian was detained in
CF custody for greater than the prescribed 96 hours.
12 Mar 08, P02 HACHE reviewed all of the provided documentation and noted
that only the TFA Crndr or designate can authorize the release or transfer
of a Detainee. Further, the individual was captured at
and was not released from CF custody until Hence, the
individual was in CF custody for Furthermore,
P02 HACHE learned that Capt WORS was e MP P rand Maj Maj
HUDSON'was the MP Coy PM during the aforementioned dates.
on 31 Mar and 4 Apr 08, P02 HACHE conducted formal interviews of both
Capt WORSFOLD and Sgt UTI'ON. During the course of these independently
conducted interviews, both Capt WORSFOLD and Sgt UTTON stated that they
recalled Detainee It confirmed that he was held at the KAY
Detention Facility for an extended period of time. Furthe~ore, both
individuals stated that the Detainee was provided excellent medical care
•
for an ongoing medical condition and that at no time was the Detainee ever
mistreated. Furthermore, it was learned that KAF MP members did everything
they could to make the Detainee as comfortable as possible, although the
climatic conditions were hot and dry. Additionally, both Capt WORSFOLD and
Sgt UTI'ON stated that they were well aware of the TFA TSO, which indicates
that all Detainees are to be either transfered to the Afghan Authorities or
released within 96 hours. Furthermore, both individuals, in particular
Capt WORSFOLD, stated that the MP Coy Chain of Command was well aware of
the aforementioned. However, the TFA Cmdr MGen GRANT, who was responsible
for ordering the transfer or release of all Detainees, for whatever reason
did not provide a verbal order to release Detainee _ u n t i l
07. Both Capt WORSFOLD and Sgt UTI'ON believe that ~ release was
due to a court injunction filed by both Amnesty International and the BC
Civil Liberties Union.
8 Apr 08, P02 HACHE contacted Maj HUDSON in an attempt to gather
supporting information regarding the delayed release of Detainee
... however, Maj HUDSON was unable to provide any information of
relevance.
8 Apr 08, P02 HACHE contacted Maj LAFLAMME, and gathered additional
information not originally forwarded to CEFCOM from the KAF MP Pl. Once
the information was received, it did not provide any relevant information
with respect to why there was a delay in the release of the Detainee.
8 Apr 08, P02 HACHE contacted LCdr SIEPKA, who stated the only comment
she could make on the matter was that reference should be made to the TSO
that was in effect during the period in question, regarding the release or
transfer of Detainees. She further added that MOen GRANT or CEFCOM J3 (at
the lowest level), should be contacted if any additional information was
• required.
7 May OB, upon review of all existing information, it was decided by the
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• CFNIS Chain of Command, that no further investigative action was warranted
regarding this matter. Further, that the issue surrounding a failure to
follow with TFA TSO 32lA by the TFA comd should be reviewed by the CEFCOM
Comd.
, .
•
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CASE SUMMARY (BRIEF NARRATIVE)
CASE SUMMARY
Author: 3728 DINESEN, MICHAEL T.
Related date: Tue, 13 May. 2008 at 08:43
Lock Code: IAENlTUX
lZ Mar 08, CFNIS Pacific Region (PR) received a package from CFNIS HQ
containing various documents (Detainee File relating to a
I
concern lodged by MPCC. The MPCC indicated that an Afghan civilian was
detained in CF custody for greater than the prescribed 96 hours.
lZ Mar 08, POZ HACHE reviewed the documentation and noted that only the
Task Force Afghanistan (TFA) comd or designate can authorize the release or
transfer of a detainee. Further, the individual noted in the file was
captured at ~ a n d not released from custody u n t i l l J l l l
07 z" HenCHcEe'lt e ~nd l~lducal wdwsoinFOCF custodY f o r _ Ai )
I I r P 0 HA Maj earne t ..at the MP Coy LD was th e the aforementioned dates.
.
Comd and HUDSON was
apt RS
PM during
Kan"'Claliar r l.e
On 31 Mar and. 4 Apr 08, POZ HACHE conducted formal interviews of Capt
WORSFOLD and Sgt UTI'ON. During the course of these interviews, both Capt
WORSFOLD and Sgt UTI'ON stated that they recalled Detainee and
confirmed that he was held at the KAF Detention Facility for an extended
period of time. Both individuals stated that the detainee was provided
excellent medical care for an ongoing condition and that at no time was the
•
detainee mistreated. It was learned that KAF MP members did everything they
could to make the detainee as comfortable as possible, although the
climatic conditions were hot and dry. Additionally, both Capt WORSFOLD and
Sgt UTTON stated that they were well aware of the TFA Task Force Standing
Orders (TSO) , which indicates that all detainees are to be either
transfered to the Afghan Authorities or released within 96 hours.
Furthermore, both individuals, in particular Capt WORSFOLD, stated that the
MP Coy Chain of Command was well aware of the aforementioned however, the
TFA Cornd (MGen GRANT) ,who was responsible for ordering the transfer or
believe t
h!
release of all detainees, did not provide a verbal order to release
Detainee until 07. Both Capt WORSFOLD and Sgt U'ITON
t the delay in the release was due to a court injunction filed
by both Amnesty International and the BC Civil Liberties Union.
8 Apr 08, POZ HACHE contacted Maj HUDSON in an attempt to gather
information regarding Detainee ~~~~iiiil however Maj HUDSON was unable
to provide any information of relevance.
8 Apr 08, POZ HACHE contacted Maj LAFLAMME and gathered additional
information not originally forwarded to CEFCOM from the KAF MP Pl. Once the
information was received. it did not provide any relevant information with
respect to why there was a delay in the release of the detainee.
8 Apr 08, POZ HACHE contacted LCdr SIEPKA, who stated the only comment
she could make on the matter was that reference should be made to the TSO
that was in effect during the period in question regarding the release or
transfer of detainees. She further added that MGen GRANT or CEFCOM J3 (at
the lowest level), should be contacted if any additional information was
required.
• 7 May 08, upon review of all existing information. it was decided by the
CFNIS Chain of Command, that no further investigative action was warranted
regarding this matter. Further, that the issue surrounding a failure to
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follow TFA TSO 321A by the TFA Comd should be reviewed by the CEFCOM Comd.
•
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MPUIRlRIiPM
MPUIR(SI)
Author: 3968 -HACHE, MICHEL D. (
Related date: Tue, 2S Mar. 2008 at 09: IS
Lock Code: ANTQAENB
MILITARY POLICE UNUSUAL INCIDENT REPORT
LOCATION: Kandahar Province Originating UNIT: CFNIS HQ
Main Offence: NEGLIGENT PERFORMANCE OF DUTIES
Secondary Offence(s): UNDETERMINED
Occurence date: 2007 -1IIIIIIII (YYY¥-MM-DD)
Reported date: 2008 - 03 - 12 (YYY¥-MM-DD)
Critical Entities:
MPCC forwarded a complaint to the CFNIS HQ, indicating that an
Afghanistan, was detained in CF custody for greater than the prescribed 96
hours without justification.
The matter was forwarded from CFNIS (HQ) to CFNIS (PRJ to investigate.
• This matter will be actively investigated by P02 HACHE. CFNIS (PR) and
all investigative findings will be forwarded to the CFNIS (PRJ Chain of
Command.
Military Police jurisdiction:
Matter transfered to other agency
N (YIN)
N (YIN)
Specify Agency
Was use of force applied? Y (YIN)
Media Interest: Y (YIN)
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18. • INITIAL OFFICERS REPORT
PRIMARY INVESTIGATOR (HACHE)
Author: 3968 -HACHE, MICHEL D. (
Related dale: Wed, 12 Mar. 2008 a114:41
Lock Code: TWTNlTUT
1. 1415 hrs, 12 Mar 08, P02 HACHE was assigned as the Primary Investigator
and was subsequently provided with the package sent from CFNIS (HQ) by we
DlNESEN. Subsequently, this GO was initiated and P02 HACHE commenced with
a review of all the documentation.
2. uPon reviewing the contents of the package. P02 HACHE reviewed the
following policy related documentation:
a. TFA TSO Theatre Standing Order - Detainee Handling Policy;
b. TFA TSO 321A Procedures for the Transfer of Detained Individuals;
c. Kandahar Airfield Afghanistan GS MP PI SOP '410 - Detainee Ops; and
d. TFA TSO 321A Detention of Afghan Nationals and Other Persons.
Also contained within the package were various d ~ related
to the capture and detention of the complainant . . . . . . . . . . . . . . . .
3. Once a review of all the aforementioned documents has been completed,
P02 HACHE will compile and Investigation Plan for review/approval.
• 4. Further, it shall be noted that due to the Security Classification of
the information contained within the aforementioned documentation, they
will not be scanned to this report nor will the information be captured in
the text of this report.
MPCC's compliant.
This investigation will focus solely on the
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19. • INVESTIGATIVE ACfIVITY
CALLED CAPT WORSFOLD
Author: 3968 -HACHE, MICHEL D. (
Related date: Wed, 02 Apr. 2008 8114:30
Lock Code: EHUlATWF
1. P02 HACHE contacted Capt WORSFOLD, regarding the information'learned
from Inspector GFELLENR and asked her if she had in fact spoken with anyone
from the MPCC, as she had stated during her interview on 31 Mar 08. that
she had not. Capt WORSFOLD stated that she had not communicated in any
form with anyone from the MPCC, although she was aware that the MPCC had
spoken with both Sgt UTTON and Capt JENNER, who were also on ROTO 3.
2. Also, during this conversation with Capt WORSFOLD, she reiterated to
P02 HACHE that the Detainee was at no time ever abused or mdstreated, while
in the in the custody of CFMP's.
•
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20. ~
•
~Z59. .
INVESTIGATIVE ACTIVITY
8GT UTION TELEPHONE CALL
Author: 3968 -HACHE, MICHEL D. (
Related date: Tho, 03 Apr. 2008 at 11 :30
Lock Code: XCHXFKWK
1. P02 HACHE spoke with Sgt UTTON, who through review of the notes
provided, had contact with Detainee _ , while he was in CFMP
custody in.....07. Sgt UTTON state~s brief telephone
conversation-tEat she certainly recalled the aim individual. At this time,
Pa2 HACHE asked Sgt UTTON if she would be available for an interview at
1400 hrs, this date. Sgt UTTON agreed.
•
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21. • INVESTIGATIVE ACfMTY
MPCC CONTACfED
Author: 3968 -HACHE, MICHEL D. (
Related date: Tho, 03 Apr. 2008 at 13:40
Lock Code: NFUNOKQR
1. POZ HACHE contacted the MPCC in an attempt to speak with Mr LENTON, in
order to ascertain exactly what information he has pertaining to this
matter and if in fact it was the statement/comments provided by Sgt UTTON
that caused him concern to the degree where he felt the CFNIS should look
into the matter. A message was left for Mr LENTON to contact P02 HACHE on
his cell phone anytime after 1600 hrs, this date.
•
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20100122 2.7 Jof.
22. *** PRO~Wfm'ltEGE B *** .,'.
.....
• '. ::. :,' . ," :::
INVESTIGATIVE ACTIVITY
MPCC CONTACTED
Author: 3968 -HACHE, MICHEL D. (
Related date: FrI, 04 Apr. 2008 at 09:07
Lock Code: CFUXORHI
1. P02 HACHE again attempted to speak with Mr LENTON of the MPCC, however,
he was unavailable. P02 HACHE requested that Mr LENTON be informed to
contact P02 HACHE as soon as possible, so that P02 HACHE could ascertain if
there was any additional information available, that had not yet been
provided to the CFNIS.
•
• 2009/03130 *.. PROTECTEDIPROTEGE B *** Page: 24 172
20100122 267
."'.
23. •
...
~
INVESTIGATIVE ACTIVITY
SPOKE WITH MPCC INVESTIGATOR
Author: 3968 -HACHE, MICHEL D. (
Related date: Frl, 04 Apr. 2008 at 10:40
Lock Code: TIHWHNEO
1. P02 HACHE contacted and spoke with Mr LENTON (MPCC Investigator), who
stated that the issue-of Detainee , had not been forwarded to
the CFNIS as a complaint or specific allegation with respect to the conduct
of the MP's involved in the detention of the aforementioned individual. Mr
LENTON further stated that the issue was brought forward as a matter of
concern as a result of his review of an SIR and previous ihterview{s).
Hence, he felt that the CFNIS should be advised.
2. P02 HACHE advised Mr LENTON that he had conducted 2 X Interviews
relating to the MPCC's concern, and that there was no information learned
to suggest that Detainee had been mistreated and that MP's involved not
only conducted themselves in a very professional manner but also
demonstrated their humanity towards this particular Detainee. Also, with
respect to the extended period of time that this individual was in CF
custody, MP (capt WORSFOLD and Maj HUDSON) demonstrated due diligence in
attempting to determine if the Detainee was either to be transfered or
released within the 96 hour period.
NOTE: The aforementioned conversation between P02 HACHE and Mr LENTON was
•
conducted in very general terms. No specific mention of locations and or
individuals involved were used, as Mr LENTON had indicated that he was on a
cellular telephone. Further, P02 HACHE and Mr LENTON agreed to speak On 7
Apr 08, at which time specific details regarding this matter can be openly
discussed .
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•
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INVESTIGATIVE ACTIVITY
CONTACTED MAJ HUDSON
Autbor : 3968 -HACHE, MICHEL D. (
Related d.te : Tue, 08 Apr. 2008 .tl0:00
Lock Code: EFCQBTfU
1. P02 HACHE contacted and spoke with Maj HUDSON, who was the ROTO 3 PM,
during the time that Detainee was in KAF MP pI custody between
iiiiijiliij"07. After providing Maj HUDSON with a brief overview of the
ongoing CFNIS investigation, it was learned that WO ANDERSON (currently
with the 2 MPU, CFB Toronto), was the individual within MP COy HQ (ROTO 3)
that dealt with Detainee issues on Maj HUDSON'S behalf.
2. Further, Maj HUDSON, who did recall the aforementioned Detainee, stated
that at _07, Annex F was received by MP Coy HQ from the KAF
MP Pl. ~ d not confirm the following, he believed that the
information was then hand carried to the Detainee Liaison Officer (DLO) Maj
MacKAY, who would have then provided it to the Chief of Operations (CHOP)
Col BRADLEY. Also, Maj HUDSON indicated that the file currently held by
P02 HACHE may not be 100% complete and that the original file and that held
by CEFCOM may differ, which may explain why the Use of Force Report and
police notes of Sgt UTTON are not included in the Detainee file.
3. Regarding the 96 hour detention issue, Maj HUDSON stated that he
believed that this was an agreement between the Canadian and Afghan
•
Government. He further believes that it is derived from the customs and
practices of ISAF.
4. P02 HACHE advised Maj HUDSON that there is a possibility that he may
travel to Kingston, ON, in order to interview him formally. Maj HUDSON
indicated that other than a couple of weeks in May 08, he would be
available.
• 2009/03130 *** PROTECTEDIPROTEGE B *** Page. 26172
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25. • INVESTIGATIVE ACfIVITY
CEFCOM (MAJ LAFLAMME)
Author: 3968 -HACHE, MICHEL D. (
Related date: Tue, 08 Apr. 2008 at 13:10
Loek Code: RXWCIITB
1. P02 HACHE contacted Maj LAFLAMME (CEFCOM PM), at which time it was
learned by P02 HACHE that the Detainee File forwarded to him by CFNIS HQ,
originated from CEFCOM (scanned as an image). As a result, P02 HACHE
confirmed thatCEFCOM had no additional information regarding this specific
file.
2. Maj LAFLAMME also advised P02 HACHE "that once a Detainee File is
concluded in TFA,- it is scanned and converted to pdf format, then forwarded
to CEFCOM. P02 HACHE then advised Maj LAFLAMME that in review of the file,
neither he nor Sgt UTTON could locate the Use of Force Report and/or police
notes (as per Sgt UTTON's verbal statement to P02 HACHE on 3 Apr 08). Maj
LAFLAMME stated that it is possible that some documentation (ie. Use of
Force Report), may have been added to the original Det~inee File in
Afghanistan. after the file was sent to CEFCOM. Maj LAFLAMME added that
although a possibility, if this would have been the case, the file should
have been re-scaIUled and another copy sent to CEFCOM. There should be no
difference between the file held in TFA and the file held by CEFCOM.
3. As a result of the aforementioned queries by P02 HACHE, Maj LAFLAMME
•
stated that he would send an email to Afghanistan, to review the original
Detainee File to confirm that it was the same as the file held by CEFCOM
and P02 HACHE. Further, he requested that attempts be made to locate the
Use of Force Report and police notes compiled by Sgt UTTON. Further. Maj
LAFLAMME will attempt to locate the TFA TSO 32lA that was in effect during
_ 0 7 , which he believes was signed by the TFA CIndr Gen GRANT.
4. P02 HACHE arranged for any classified documents to be sent via the
i f required.
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26. -
•
. -
INVESTIGATIVE ACTIVITY
CONTACTED LCdr SIEPKA
Author: 3968 -HACHE, MICHEL D. (
Related date: Tho, 17 Apr. 2008 at 12:00
Lock Code: UHHTOECU
1.. At approx. 1200 hrs, 002 HACHE contacted dIld spoke wi th LCdr SIEPKA,
who confirmed that she was indeed Legal Counsel for the TFA cmdr during
ROTO 3. When provided a brief overview of the ongoing CFNIS Investigation,
LCdr SIEPKA stated that the only information she could provide was that
reference should be made to the TSO that was in effect during the period in
question. Further, should an official statement be required, she would
have to consult with her Chain of Command. Furthermore. even if she was
cleared to comment on the matter officially, she believes that MGen GRANT
would be the one to speak with or possibly the CEFCOM J3 (at the lowest
level). At the end of the brief conversation, P02 HACHE advised LCdr .
SIEPKA that he would brief his Chain of Command regarding the
aforementioned in the near future.
•
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27. • INVESTIGATION PLAN
INVEST PLAN
Author: 3968 -HACHE, MICHEL D. (
Related ute: Tue, 25 Mar. 2008 at 14:17
Loc:k Code: DWTHWKX
Date 25 Mar 2008
Report Caption NEGLIGENT PERFORMANCE OF DUTY
Related Files N/A
SYllopsis
12 Mar 08, CFNIS (PR) received a rac~from CFNIS (RQ) , containing
various documents (Detainne File I relating to a complaint
forwarded by the MPCC. The MPCC as 'n cated that Detainee .............
was detained· in CF custody for greater than the prescribed 9 6 ~ u t
justification.
Tasking
To investigate why Detainee remained in CF custody beyond the
prescribed 96 hours without justification. Further, to confirm that while
in detention he was not physically or mentally mistreated.
Elements of Offence(s) Matrix
ELEMENTS OF THE OFFENCE
• In order to establish an offence under 6.124 of the NDA. the following
essential items must all be proven beyond d reasonable doubt:
1. identity of the accused as the offender;
2. date and place of the commission of the offence;
3. that the accused had a particular ~litary duty imposed upon him;
4. that the accused was aware of the duty that was imposed on him;
5. the standard of care to be exercised by the accused;
6. the conduct of the accused; that is his acts or omissions were in
relation to that military duty;
7. that the that the conduct of the accused breached the required standard;
and
8. that he had the condition of mind imported by the use of the term
• negligently .•
Interviews
1. Capt WORSFOLD (conducted 31 Mar 08);
2. Maj HUDSON; (anticipated)
3. WO SMITH; (not required)
4. Sgt STEWART; (not required)
5. Sgt UTTON (conducted 3 Apr 08)
6. WO ANDERSON (anticipated)
7. Col MacKAY (DLO) (anticiapted)
8. Gen GRANT (anticipated)
•
Plan
To conduct as many interviews as required in order to accurately reflect
Detainee _ time in CFMP custody. Further, to gather as much
backgroun~on (verbal accounts, emails, other correspondence),
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•
. . . CFPM/GPFC
which will indicate the individual(s) responsible for the fact that
Detainee 17 was not released from custody in a timely fashion.
MPCIC - Background check performed (yes/no/comments)
N/A
Time Estimate 30 days (or as required)
Date compiled 25 Mar 08
Compiled by P02 M.D. Hache
Date reviewed
Reviewed by
•
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29. .GO#2Ooa-62S9 *** PROT~~f~J}'9tEGF; B *** . : .. '
•
-. .,--.
. '
..:;: ..
ADMINISTRATIVE ACTMTY
INTERVIEW PLAN (WORSFOLD)
Author: 3968 -HACHE, MICHEL D. (
Related date: Wed, 26 Mar. 2008 at 09:13
Lock Code: UWWCQUTA
The following is the Interview Plan, regarding the interview of Capt
WORSFOLD, which is scheduled for 1000 hrs, 1 Apr 08:
1. Conduct preamble (DVD recorded)
2. Introduction
a. advise about the audio/DVD recording of the interview;
b. confinm/obtain identification and-verify it is accurate in SAMPISi
c. build rapport (first name basis in the situation is appropriate);
d. explain the role of the NIS and your responsibilities as an
investigator; and
e. sell yourself as an investigator.
3. pre-Caution/Charter (if required)
a. ask the interviewee if the know the reason for the interview; and
b. provide details regarding the reason for the interview.
•
4. Read Caution/Charter (if required)
a. use CFNIS statement form for caution/charter;
b. ensure subject fully understands their respective jeopardy and
caution/charter.
Questions: (prior to asking any questions, confirm Security Clearance)
a. duration of her time on tour;
b. what was her official position while on tour;
c. what did she think of her time on tour (would she return);
d. what did her exact duties consist of (especially her
duties/responsibilities regarding Detainees):
e. have her identify her Chain of Command (above/below);
f. did she have any issues regarding her Chain of Command with respect to
the handling of Detainees;
g. request that she provide a detailed overview of the Camp, specifically
the Detainee holding area (physical set up);
h. her knowledge on the process for accepting, caring for, the transfer
and subsequent release of Detainees:
i. her knowledge that Detainees MUST be released within the prescribed 96
hours, unless there were extenuating circumstances:
j. frequency of medical examination/ care provided to Detainees:
k. who was responsible for ordering the movement of Detainees,
specifically regarding release;
1. how many individuals were detained during her tour (approximate);
m. does she recall the Detainee. If she does, ask her to fully explain
her knowledge of him from the time he was received as a Detainee until his
release;
•
n. did anyone ever raise the issue that D e t a i n e e . . was being
held in custody for greater than the prescribed 9~our. Ir-yes, who
raised the issue, when and who was consulted. What was the outcome;
o. can she explain why Detainee was not released in a timely
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•
. CFPM/GPFC
fashion, after it was determined that there was no further requirement to
detain him
p. did she ever witness or does she have any knowledge that Detainee
ii..iiil~~ was mistreated while in CFMP custody; and
q. any other questions that arise during the course of the interview.
•
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31. .~. PROTECTEDIPROTEGE B'"
•
CFPM 1 GPFC
ADMINISTRATIVE ACnVITY
TEMP. DUlY IN OTTAWA, ON
Author: 3968 -HACHE, MICHEL D. (
Related date: Thu, 27 Mar. 2008 at 11:22
Look Code: BXWTBUCI
1. Due to the nature of this investigation, P02 HACHE will be traveling to
Ottawa, ON, in order to gather valuable insight/information from Sgt
CHAMBERLAND and Inspector GFFELNER, who are well experienced regarding
A£ghan Detainee matters.
2. I t is anticipated that P02 HACHE will be Tn in Ottawa, ON, between 1 -
4 Apr 08. Tn Request to be submitted to CFNIS OC,this date for approval.
•
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20100122
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..
•
CFPM I GPFc.;
., .. '.'
...
ADMINISTRATIVE ACfMTY
OC CFNIS PACIFIC BRIEFED
Author: 3968 -IIACRE, MICHEL D. (
Relaled dale: Thu, 03 Apr. 2008 al13:10
Lock Code: BANKAKNA
1. P02 IlACHE contacted and briefed Capt WEATHERBEE on the investigative
findings thus and the result of conversations with both Sgt CHAMBERLAND and
Inspector GFELLNER, with respect to this 'investigation. Capt WEATHERBEE
was further advised that Sgt UTTON would be interviewed later today and it
is believed that the information provided by Sgt UTTON will clarify the
concerns raised by the MPCC. Additionally. Capt WEATHERBEE stated that he
would forward the contact information of the MPCC Investigator along to P02
HACHE so that contact could be initiated and information verified.
•
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33. ··"tR.OTECTEDIPR0l:EGE B.··
•
. CFPM/GPFC
". . .
ADMINISfRATIVE ACTIVITY
INTERVIEW PLAN (UTION C.)
Author: 3968 -HACHE, MICHEL D. (
Related dale: Thu, 03 Apr.2008 aI14:00
Loek Code: KAHRUEAW·
,
The following is the Interview Plan, regarding the interview of Sgt
UTTON, which is scheduled for 1400 hrs. 3 Apr 08:
1. Conduct Preamble (DVD recorded)
2. Introduction
a. advise about the audio/DVD recording of the interview;
b. confirm/obtain identification and verify it is accurate in SAMPIS;
c. build rapport (first name basis in the situation is appropriate);
d. explain the role of theNIS and your responsibilities as an
investigator; and
e. sell yourself as an investigator.
3. Pre-Caution/Charter (if required)
a. ask the interviewee,if the know the reason for the interview; and
b. provide details regarding the reason for the interview.
•
4. Read Caution/Charter (if required)
a. use CFNIS statement form for caution/charter;
b. ensure subject fully understands their respective jeopardy and
caution/charter.
Questions: (prior to asking any questions, confirm Security Clearance)
a. duration of her time on tour;
b. what was her official position while on tour;
c. what did she think of her time on tour;
d. what did her exact duties consist-of (especially her
duties/responsibilities);
e. did she have any issues regarding her Chain of Command with respect to
the handling of Detainees;
f. request that she provide a detailed overview of the Camp, specifically
the Detainee holding area (physical set up);
g. her knowledge on the process for accepting, caring for, the transfer
and subsequent release of Detainees;
h. her knowledge that Detainees MUST be released within the prescribed 96
hours, unless there were extenuating circumstances;
i. frequency of
medical examination/ care provided to Detainees;
j. who was responsible for ordering the movement of Detainees,
specifically regarding release;
k. does she recall the Detainee. If she does, ask her to fully explain
her knOWledge of him from the time he was received as a Detainee until his
release; .
1. did anyone ever raise the issue that Detainee _ was being
held in custody for greater than the prescribed 96 hour. If yes, who
•
raised the issue, when and who was consulted. What was the outcome;
m. can she explain why Detainee was not released in a timely
fashion, ~fter it was determined that there was no further requirement to
detain him;
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34. *** PROTECTEDIPROTEGE B ***
•
CFPM/GPFC
·d~She ever witness or does she have any knowledge that Detainee
.nl'lI.dj'
..
~ Jillwas mistreated while in CFMP custody;
o. rev~ew of the Detainee file; and
p. any other questions that arise during the course of the interview.
•
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35. B***
• ADMINISTRATIVE ACI1VITY
OC CFNIS PACIFIC BRIEFED
Author: 3968 -HACHE, MICHEL D. (
Related date: Thu, 03 Apr. 2008 at 16:50
Lock Code: UCCKHABQ
1. P02 HACHE contacted Capt WEATHERBEE and provided him with a synopsis of
the interview conducted with Sgt UTTON. P02 HACHE further advised Capt
WEATHERBEE that Sgt UTTON provided information that indicated that Detainee
was not mistreated by CFMP while at the K1'oF Detainee Facility
07. Furthermore, Sgt UTTON stated that she does not
recall a any 1me using the terminolOgy NMistreated,· nor did she quote
Capt WORSFOLD, during the interview with the MPCC in Jan 08. Additionally,
Sgt UTTON feels that the MPCC's concern in this matter, particularly the
fact that they (MPCC) have forwarded a complaint/concern to the CFNIS is
unwarranted.
•
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26. 7 of 13
20100122
36. .. ,
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•
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ADMINISTRATIVE ACTIVITY
INSPECTOR GFELLNER BRIEFED
Author: 3968 -HACHE, MICHEL D. (
Related date: FrI, 04 Apr. 2008 at 11:10
Lock Code: EXlHNHIW
1. P02 HACHE briefed Inspector GFELLNER regarding his recent conversation
with Mr LENTON and that the matter was forwarded as the result of a concern
raised due to his review of an SIR and previous interview(s). Further,
that there was no specific allegation or complaint in this matter.
•
• 2009/03130 U* PROTECfED/PROTEGE.B *** Page: 38/ 72
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37. .** PROTECfEDIPROTEGE B···
CFPM 1GPFC
• ADMINISTRATIVE ACTMTY
BRIEFED CFNIS PACIFIC
Author: 3968 -HACHE, MICHEL D. (
Related date: Tue, 08 Apr. 2008 al09:15
Lock Code: TXBHQEOR
~. P02 HACHE briefed Capt WEATHERBEE regarding his recent conversation
with Mr LENTON of the MPCC. Aside from the fact that no mistreatment has
already been established. it is essential to determine the time line
regarding the passage of information between the KAF MP Chain of Command
and the TFA Crndr, so that i t can be precisely determined who made what
decisions and when.
•
• 2009/03/30 ••• PROTECTEDIPROTEGE B··· Page: 39 172
201001 22 269 901' 13
38. ".PROTECfEDIPROTEGE B .H
•
CFPM 1 GPFC
ADMINISTRATIVE ACfIVITY
CFNIS PR OCIWO BREIFED
Author: 3968 -HACIIE, MICHEL D. (
Related date: Thu, 17 Apr. 2008 at 12:20
Lock Code: AQBRHBTH
1. As a result of the information provided by LCdr SIEPKA. both the Capt
WEATHERBEE and WO DlNESEN were briefed. Subsequently, the investigation to
date will be reviewed on 18 Apr 08.
•
• 2009/03130
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201001 22 10 of 13
39. • ADMINlSTRATlVE ACTIVITY
CFNIS DCO TO BE BRIEFED
Author: 3968 -HACHE, MICHEL D. (
Related dale: Wed, 23 Apr. 2008 al08:33
Lock Code: FBCKTKRF
1. 18 Apr 08, P02 HACHE was advised by Capt WEATHERBEE that he would
discus the future of this investigation with Maj FREI, during the upcoming
CFNIS Symposium (22 -25 Apr 08).
•
• 2009/03/30 *** PROTECTEDIPROTEGE B *.* Page: 41 /72
20100122 269 11 0113
40. *** PROTECfEDIPROTEGE B *** ':
•
00#200&06259 CFPM I GPFC , ,', . ':'"
I" ,',;
ADMINISTRATIVE ACTIVITY
FILE STATUS
Author: 3968 -HACHE, MICHEL D. (
Related date: MOD, 28 Apr. 2008 at 09:00
Lock Code: KENKFOQE
1. P02 HACHE was advised by WO DINESEN to submit the file for review, at
which a determdnation would be made as to whether further investigation was
required.
•
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20100122 269 12 or 13
41. ";;' .
..
..•• I'ROTECTEDIP~QIEGE ...
B
~00tI~2S!i CFPM 1 GP~';
•
.' .•.. .• .
ADMINISTRATIVE ACTIVITY
INVESTIGATORS NOTES
Author: 3968 -HACHE, MICHEL D. (
Relaled dale: Wed, 07 May. 2008 alll:38
Lock Code: KBHBNOOF
1. Due to the nature of the information contained in P02 HACHEls
Investigator's notes, they will not be scanned to this report. Further,
the notebook and all related documentation received throughout the course
of this investigation will be classified SECRET and entered into the
Property sub-section of this GO accordingly.
•
• 2009/03/30 ... PROTECTEDIPROTEGE B .u Page: 43 172
20100122 2•• 13 of 13
42. • CONCLUDING REMARKS
CONCLUDING REMARKS
Author: 3968 -HACHE, MICHEL D. (
Related dale: Wed, 07 May. 2008 a11l:15
Lock Code: UXBXRCKO
CFNIS Pacific Region was tasked to investigate a concern raised by the
MPCC, in that an Afghan civilian was detained at the KAF Detention
Facility, Kandahar Afghanistan, for an extended period of time (greater
than 96 brs as per TFA TSO 321A). During the course of the investigation,
it was learned that Detainee was provided ongoing medical care
I
for an existing medical condition and further that he was not mistreated in
any fashion. It was also learned that KAF MP PI compiled the appropriate
documentation regarding the detention of the individual and that the KAF MP
Coy Chain of Command brought this matter to the attention of the TFA CO.
Prior to being released from detention on the verbal authorization of BGen
GRANT, the Detainee remained in CF custody
before his eventual release at I UI • I t snau .oe not~ at
this matter was simply a concern brought forward to the CFNIS Chain of
Command by the MPCC and that there was no specific allegation or complaint
regarding the conduct of MP members. with respect to the fact that the TSO
was not followed, it is suggested that the CEFCOM Comd review this issue
Through discussions with Insp GFELLNER and review of information to date.
it seems clear that as there is no complaint specific to the MP role or
•
complaint from the Detainee or outside agencies; the situation is an issue
revolving around the decision to suspend Detainee transfers and not
requiring CFNIS investigation at this time. Investigation into this matter
is concluded.
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43. """ PROTECfEDIPRO G B"""
CFPM/GPF
• CONCLUDING REMARKS
CONCLUSION
Author: 3728 DINESEN, MICHAEL T.
Related date: Tue, 13 May. 2008 at 09:01
Lock Code: OOQAHOXU
The Canadian Forces National Investigation Service (CFNIS) Pacific Region
was tasked to investigate a concern raised by the Military Police
Complaints Commission (MPCC) in that an Afghan civilian was detained at the
KAF Detention Facility, Kandahar Afghanistan, for an extended period of
time (greater than 96 hrs prescribed in TFA TSO 32IA). During the course of
the investigation, it was learned that Detainee ~ . . was provided
ongoing medical care for an existing medical conca1:1on ana-lurther that he
was not mistreated in any fashion. It was also learned that KAF MP PI
compiled the appropriate documentation regarding the detention of the
individual and that the KAF MP Coy Chain of Conunand (CoC) brought this
matter to the attention of the TFA comd. Prior to being released from
detention on the verbal authorization of EGen GRANT (now MGen) , the
detainee remained in CF custody before his
eventual release at 7. It s a be noted that this matter
was a concern brough orwar 0 e CFNIS CaC by the MPCC and that there
was no specific allegation or complaint regarding the conduct of MP
members. With respect to the fact that the TSO was not followed, it is
referred to the CEFCOM Comd for review.
Through discussions with CFNIS CaC and review of the information to date,
• it is clear that as there is no complaint specific to the MP role or
complaint from the detainee or outside agencies; the situation is an issue
revolving around the decision to suspend detainee transfers and not'
requiring CFNIS investigation at this time. Investigation into this matter
is concluded.
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44. • SUPERVISOR CONCLUDING R
REVIEW
Author: 3728 DINESEN, MICHAEL T.
Rel.ted d.te : Tue, 13 M.y. 2008 a109:07
Lock Code: NBRCORAO ..
WO Dinesen concurs with the investigation steps conducted. Matter referred
to CEFCOM.
•
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CFPM/GPFC
OFFICERS NOTES
REPORTING PROCEDURE
Author: 3968 -HACHE, MICHEL D. (
Related date: Tho, 13 Mar. 2008 at 10:48
Lock Code: NHTKOXEU
1. Until such time as P02 HACHE can confirm the reporting procedure
regarding this matter. with respect to the security classification of the
information/documentation. no additional text entries will be compiled.
•
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•
.
OFFICERS NOTES
SGT CHAMBERLAND CFNIS (CR)
Author: 3968 -HACHE, MICHEL D. (
Related date: Tue, 25 Mar. 2008 at 12:30
Locl< Code. : QNEANEOQ
1. POZ HACHE spoke with Sgt CHAMBERLAND, the Primary Investigator for
several similar investigations. Sgt CHAMBERLAND stated with respect to the
reporting process, given the fact that much of the information is
classified as Secret that the accepted method of compiling a report would
be to i
f i the ehvent that there is ndo specific ref 7renc(7 to h'
In h
Secret 1n ormat~on, t en t e regular protecte B SAMPIS entr~es 1e. t 18
report), could be utilized. As a result of this information, direction
from the CFNIS (PRJ Chain of Command will be sought. .
•
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•
. CFPM 1GPFC
OFFICERS NOTES
CONTACTED CAPT WORSFOW
Author: 3968 -HACHE, MICHEL D. (
Relaled dale: Tue, 25 Mar. 2008 aI15:04
Lock Code: OITWUCNW
1. P02 HACHE contacted Capt WORSFOLO and provided her a brief overview of
the ongoing CFNIS investigation. Capt WORSFOLD agreed to attend the MP
Oet. CFB Esquimalt, for an interview at 1000 hrs. 1 Apr 08.
•
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•
CFPM/GPFC . -.' -
OFFICERS NOTES
MAJ HUDSON (VOICE MESSAGE)
Author: 3968 -HACHE, MICHEL D. (
Relaled date: Wed, Z6 Mar. Z008 all0:58
Loek Code: OXHRKFUH
1.. P02 HACHE contacted and left a voice message for Maj HUDSON. who was
the TFA Provost Marshall, during the time that hwas a CFMP Detainee.
The purpose of contacting Maj HUDSON is to determlne is respective
availability over the course of the next three weeks, in the event that P02
HACHE will need to travel to Kingston, ON, to formally interview Maj HUDSON.
•
• 2009/03130 ••• PROTECTEDIPROTE:GE B··· Page: 50 112
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49. 0'" PROT~)I;fPfb"9 G B 000
• OFFICERS NOTES
REQUEST FOR ADDITIONAL DOCS.
Author: 3968 -HACHE, MICHEL D. (
Related date: Tbu, 27 Mar. 2008 aI08:00
Lock Code: QIFNQTBI
1. Capt WEATHERBEE reviewed the file provided by CFNIS HQ. at which time
he recommended that additional documentation be obtained. Although copies
of TFA TSO 321A (Procedures for the Transfer of Detained Individuals) were
provided, it appeared that ref. B, C, M, N and Annex A, were not included.
2. Subsequently, a request for the aforementioned documents will be made
by Capt WEATHERBEE to CEFCOM. Note, due to the Security Classification of
the aforementioned requested documents, once they are received they will
not be scanned to this report.
3. Additionally, it shall be noted that Detainee was in CF
custody between 07.
The calculation 0 spent ~n CF custody,
timeanddate.com, is below:
Duration calculation results
From and including: Monday,
To, but not including
The duration is
• Or
Note: This calculator does not take time zones, daylight saving time or
leap seconds into account.
Glossary
Noon The middle of the day
Alternative time units
• 2009/03130 00. PROTECTEDIPROTEGE B 0" Page: 51/72
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•
CFPM/GPFC ..
OFFICERS NOTES
CAPT WORSFOLD (RESCHEDULE)
Author: 3968 -HACHE, MICHEL D. (
Related date: Uu, 27 Mar. 2008 at 11 :42
Lock Code: CNRECXHK
1. P02 HACHE contacted and left a voice message at the residence of Capt
WORSFOLD, in order to reschedule her interview from to 1000 hrs, 1 Apr to
1000 hrs, 31 Mar 08. The reason that the interview DTGP has been changed,
is due to the fact that P02 HACHE will be departing for Ottawa, ON. on 1
Apr 08.
•
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2010 0122
51. • OFFICERS NOTES
SPOKE WITH SGT CHAMBERLAND
Author: 3968 -HACHE, MICHEL D. (
Relaled dale: Wed, 02 Apr. 2008 a108:30
Lock Code: XWHINTCT
1. P02 HACHE meet with Sgt CHAMBERLAND, at which time he was provided some
insight into OP CAMEL SPIDER.
•
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52. -- -
• OFFICERS NOTES
SPOKE WITH INSP. GFELLNER
Author: 3968 -HACHE, MICHEL D. (
Rdated dale: Wed, 02 Apr. 2008 8111:10
Lot:!< Code: IFBCWWQN
1. P02 HACHE meet with Inspector GFELLNER in order to discus the file.
During this time, P02 HACHE advised Inspector GFELLNER that the matter was
forwarded to the CFNIS by the MPCC and that the only information known
~Pirieisie.nitilY~'~Was that investigation pertained to the fact that Detainee
~ was held in CFMP custody for greater than the prescribed 96
hours. Additionally, P02 HACHE stated that Capt WORSFOLD, the ROTO 3, MP
PI cmdr was interviewed on 31 Mar 08 and that she had indicated that she
and the MP Coy Chain of Command (Maj HUDSON), were both well aware that the
Detainee was to be either trans£ered or released within 96 hours of being
in CF custody, however, no direction was provided by the TFA cmdr (Gen
-GRANT), regarding this issue. Further, Capt WORSFOLD indicated that the
Detainee was not abused and was very well cared for until Gen GRANT
verbally authorized the Detainee's release on liliiii07.
2. A short time later, Inspector GFELLNER advised P02 HACHE that he had
spoken with CFNIS HQ and learned that this matter was forwarded by the MPCC
to the CFNIS, as a result of information provided by capt WORSFOLD to the
MPCC that she had indicated "Mistreatment," of Detainee and
coupled with the fact that this individual was kept in custody for such a
•
lengthy period of time, the MPCC simply wanted the CFNIS to asses the
situation in order to determine if further investigation was warranted.
Inspector GFELLNER also stated that it appears that the concern vice
allegation regarding any mistreatment of the Detainee, which was forwarded
by the MPCC, appears to have been answered already by Capt WORSFOLD during
her interview.
• 2009/03130 **. PROTECTED/PROTEGE B **. Page: 54172
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53. • OFFICERS NOTES
.
BRIEFED INSPECTOR GFELLNER
Author: 3968 -HACHE, MICHEL D. (
Relaled dale: Wed, 02 Apr. 2008 a115:oo
.
Lock Code: FKCRCRIT
1. P02 HACHE advised Inspector GFELLNER that Capt WORSFOLD had been
contacted and that she stated she had not spoken with MPCC. As a result,
the source of the information alleging -Mistreatment." to the MPCC
regarding Detainee _ had not been provided by Capt WORSFOLD.
Inspector GFELLNER ~he would speak with the CFNIS HQ on 3 Apr
08, in order to clarify the substance and origin of the complaint.
•
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20100122 90f 13
54. , .
GOII~003-62S9
• .
, '.. ,
, '
OFFICERS NOTES
BRIEFED BY INSP. GFELLNER
Author: 3968 -HACHE, MICHEL D. (
Related dale: Tho, 03 Apr. 2008 al11:22
Lock Code : HURNUIEQ
1. P02 HACHE spoke with Inspector GFELLNER, who stated that he had spoke
with the the CO, CFNIS. Apparently, the MPCC had been provided information
from an MP (identity unknown), who had possibly quoted Capt WORSFOLD,
regarding a comment or suggestion of -Mistreatment-, in relation to
Detainee Inspector GFELLNER stated that it would be
adviseable to contact the MPCC directly and determine exactly what
information they have and who they received it from. Regarding the issue
of the individual (Detainee ............ remaining in custody for greater
than 96 hours, that matter h ~ e e n explained in that the order to
release or transfer simply was not given by the TFA Cmdr Gen GRANT. The
MPls were simply following orders and demonstrated due dilligence in this
regard.
•
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55. *** PROTECTEDIPROTEGE B ***
•
CFPM 1 GPFC .
OFFICERS NOTES
BRIEFED INSPECTOR GFELLNER
Author: 3968 -HACHE, MICHEL D. (
Related date: Thu, 03 Apr. 2008 at 13:28
Lock Code: IWTAWBEW
1. P02 HACHE briefed Inspector GFELLNER regarding the recent development
and that he (P02 HACHE) beleives that the interview scheduled with Sgt
UTTON for 1400 hrs, this date, will clarify the matter and the concerns
forwarded by the MPCC .
•
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56. • OFFICERS NOTES
SPOKE WITH MPCC
Author: 3968 -HACHE, MICHEL D. (
Related date: Tue, 08 Apr. 2008 at 08:05
Lock Code: BBTQQBNK
1. PaZ HACHE contacted and spoke with Mr LENTON (MPCC), at which time
specifics surrounding his concern on behalf of the MPCC were discussed.
During this time, POZ HACHE learned that Mr LENTON did not yet have the
Detainee File,. so much of the information surrounding the time the Detainee
was in KAF MP PI custody, was not yet known by him. Furthermore. during
this conversation, POZ HACHE advised Mr LENTON that thus far in the
investigation, there has been no information learned to suggest any
mistreatment or otherwise with respect to this issue.
•
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57. • OFFICERS NOTES
CONTACTED WO SMITH
Author: 3968 -HACHE, MICHEL D. (
Related date: Mon, 14 Apr. 2008 at 10:05
Lock Code: EFAQOHIN
1. P02 HACHE contacted and spoke with WO SMITH. who had assisted Sgt
STEWART, regarding the processing of Detainees in Afghanistan during ROTO
3. WO SMITH stated that he recalled the particular Detainee, although
stated that he was on HLTA during the time this individual was in CF
custody. After providing WO SMITH some insight regarding the ongoing
investigation, he suggested that LCdr SIEPKA, who was the TFA cmdr's Legal
Advisor, may be able to provide valuable information.
2. As a result of the information provided by WO SMITH, P02 HACHE will
attempt to contact LCdr SIEPKA in the near future.
•
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58. ,
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•
.
. ;:..
WITNESS STATEMENT
INTERVIEW (CAPT G. WORSFOLD)
Author: 3968 -HACHE, MICHEL D. (
Related date: MOD, 31 Mar.2008 at 10:00
Loek Code: KXEACATR
INTERVIEW_DATE: 20080331
INTERVIEW_STAAT_TIME: 1000
INTERVIEW_END_TIME: 1203
INTERVIEW_LOCATION: MP Det, CPB Esquimalt, Be
<> Who took the statement? <>
INTERVIEW_BY: P02 M.D. Hache
<> Indicate all persons present at the interview <>
INTERVIEW_PRESENT: P02 Hache & Capt Worsfold
END_INTERVIEW_PRESENT
<> Describe the type of statement: i.e., written/verbal/audio/video <>
<> Include all that apply <>
INTERVIEW_TYPE: Verbal/DVDIDigitally Recorded
<> Supplemental information about a witness required <>
<> for the Report to Crown Counsel (English only) <>
•
<>----------------------------------------------------~-----------<>
WIT_RELUCTANT_CB: N <> Is the witness reluctant? Y or N <>
WIT_HOSTILE_CB: N <> Is the witness hostile? Y or N <>
N <> Is an interpreter required? Y or N <>
<> What is the witness' language?<>
WIT_LANGUAGE: English
<> Indicate the dates on which the witness <>
<>will be unavailable for trial <>
<> FROM XXXX.XX.XX TO xxxX.XX.XX <>
WITNESS_DATES1:
WITNESS_DATES2:
WITNESS_DATES3:
<>Other pertinent information (French RCC only)<>
TEMOIN_AUTRE:
<>~-------------~-------------------------------------------------<>
<> The following section is used for the Report to Crown Counsel <>
<>~---------------------------------------------------------------<>
<>Did the witness make a statement? <>
WITNESS_STMT_CB: Y <> YIN <>
• <> If yes, what type of statement? Check (X)
WITNESS_STMT_CBW: N
WITNESS_STMT_CBV: Y
2009/03/30
<> WRITTEN <>
<> VERBAL <>
*** PROTECfEDIPROTEGE B ***
all that apply<>
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