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Gardez FOIA

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Page 1 from Gardez FOIA
UNITED STATES CENTRAL COMMAND OFFICE OF THE CHIEF OF 7115 sown BOUNDARY BOULEVARD MACDILI. AIR FORCE BASE. FLORIDA 33621-5101 26 April 2016 Mr. Jeremy Scahill First Look Media 1 14 5th Avenue New York, NY Dear Mr. Scahill: This is in response to your Freedom of Information Act request seeking any and all documents relating to a US. military operation conducted by members of the Joint Special Operations Command and/or other US. Special Operations Forces near Gardez in Paktia Province, Afghanistan on or around 12 February 2010 and all after action reports and other documents pertaining to this operation and its aftermath. US, Central Command (U SCENTCOM) conducted a thorough search and located 919 pages. After reviewing the information, I am withholding 384 pages in their entirety and partially releasing 535 pages to you. The withheld information is exempt from release pursuant to 5 U.S.C. 552(b)(1), applying Executive Order (13.0.) 13526, Classi?ed National Security Information. sections 1.4(a) military plans, weapons systems, or operations; and, 1.4(c) intelligence activities, sources or methods. Additionally, the withheld unclassi?ed information. when compiled. would reveal classi?ed information as de?ned in E0. 13526, section 1.7(e) compilations of unclassi?ed material that reveal a classified association or relationship. If the unclassified information was disclosed. it would yield classi?ed information detailing military operations. Additional information is withheld pursuant to 5 U.S.C. 552(b)(3) as it relates to 10 U.S.C. 130b personnel in overseas, sensitive or routinely deployable units: inter? agency and intra-agency memorandum; personal privacy interests: disclose techniques, procedures, guidelines for law enforcement investigations or prosecutions which could reasonably be expected to risk circumvention of the law; and. expected to endanger the life or physical safety of any individual. Accordingly, in my capacity as the Initial Denial Authority, by withholding this information. I am partially denying the information released under OIA. There are no fees for processing this request since chargeable cost fell below $15. If you are not satisfied with this action. you may appeal this response to the appellate authority, MS. .100 Chung, Director of Oversight and Compliance, Office of the Secretary of Defense. The appellate address is ODCMO Directorate for Oversight and Compliance, 4800 Mark Center Drive. ATTN: OIA Appeals, Mailbox# 24. Alexandria. VA 22350-1700. As an alternative, you may use the Of?ce of the Secretary of Defense FOIA request portal at to submit your appeal electronically, or you can email your appeal to OSD.FOIAPoIicy@mail.mil, and state Appeal" in the subject of the email. Your appeal must be postmarked or submitted electronically within 60 calendar days from the date of this letter. cite case #1 1?0272, and clearly mark ?Freedom of Information Act Appeal? in your correspondence.
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If you haVe any questions, please contact my 01A Requester Service Center at (813) 529- 6285, and refer to case #1 1-0272. Sincerely. ?mw Major General. US. Army Enclosure: TAB A: Army Regulation 15-6 Investigation of Gardez District Paktya Province Operation on 12
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REPORT OF PROCEEDINGS BY INVESTIGATING OFFICERIBOARD OF OFFICERS For use of this form. see AR 15-5: the proponent agency is OTJAG. iF MORE SPACE i8 iN OUTANY OF FORM, ATTACH SHEETS - APPOINTMENT Appointed by GEN STANLEY A. (Appointing authority} on 7 APR iL 0 (Attach inoiosure 1: Letter oi appointment or summary of orsi appointment data.) (See Dara 3-15. AR 15-6.) (Date) SECTION Ii - SESSIONS The (investigation) (hoard) commenced at 335mm Air?eld: Afghanisum at 1300 (Piece) {Time}? on 9 APRIL 10 (if a format board met for more than one session, check hero I: . indicate in an inotosure the time each session began and ano'ao't the piacepreEons present and absent. and explanation of absences. if any.) The tollowino persons fmemhers, respondents. counsel) were present {Alter each name, indicate capacity, so. President. Recorder. Member. Legaihdvisor.) The following persons (members, respondents. counsoi} were absent (inctudo briefexptanation of each absence.) (See paras 5-2 and 5-8a, AR 15-6.) The {investigating of?cer) (hoard) finished gatheringmearing evidence at 1030 0? 21 Apr? 20 1 0 {Time} (Date) and completed ?ndings and recommendations at 2200 on 21 30 1 0 {Time} {Data} SECTION Ill - CHECKLIST FOR PROCEEDINGS A. COMPLETE IN i'tLL CASES YES Niel! 1 Inolosmes {para 3-15, AR 15-6) Are the following inolosed and numbered consecutively with Roman nu morals: (Attached in order iistad) a, The letter ot appointment or a summary or oral appointment data? 'd Copy of notice to respondent, it any?{36?? item 9, betow} :1 c. Other correspondence with respondent or counsel. it any? at All other written communications to or from the appointing authority? e. Privacy Act Statements (Certi?cate, if statement provided orattyj? Explanation by the investigating officer or hoard of antir unusual delays. dif?cmties. irregularities. or other problems g] encountered fag, absence of material witnesses)? Information as to sessions of a formal board not included on page 1 of this repon?i? lj h. Any other signi?cant papers {other than evidence} relating to administrative aspects of the investigation or board? El FOOTNOTES: 3 Explain ail negative anmrs an an attached sheet. a Use of Lhe NJA column constitutes a positive representation that the circumstances described in the question did not occur in this investigation or hear . DA FORM W?-Mih?stigi?l?tm ct Gardaz District Paktya?wi?tihtial?pem imitates-303E. Pm m? 001 PE ?1-30
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Exhibits (para 3-16. AR :n NOE a. Are all items offered {whether or not received) or considered as evidence individually numbered or lettered as exhibits and attached to this report? b. Is an index of all exhibits o?ered to or considered by investigating officer or board attached before the first exhibit? 6. Has the testimonyistatement of each witness been recorded verbatim or been reduced to written form and attached as an exhibit? Are cpies. descriptions or depictions lfifsuirst?itut?edfizrri'eai or documentary evidence} properly authenticated and is the location of the original evidence indicated? a. Are descriptions or diagrams included or locations visited by the investigating of?cer or board {par-a 3-5b. AR 15-5)? f. Is each written stipulation attached as an exhibit and is each oral stipulation either reduced to writing and made an exhibit or recorded in a verbatim record? g. If official notice of any matter was taken over the objection of a respondent or counsel. is a statement of the matter of which of?cial notice was taken attached as an exhibit {para arse. AR 15-53? EE EDEDBD Was a quorum present when the board voted on ?ndings and recommendations {paras 4?1 and 5-2o, AR 15-5)? . COMPLETE ONLY Eon FORMAL BOARD (chapror5.AR15-di At the initial session. did the recorder read. or determine that all participants had read. the letter of appointment (para 54b, AR 155}? was a quorum present at every sessron of the board (para 5-2b. AR 15-6}? Was each absence of any member properly excused (para 5-23, AR 15?6)? Were members. witnesses. reporter. and interpreter sworn. if required {para 3-1. AR 15-6)? acumen?nose: if any members who voted on ?ndings or recommendations were not present when the board received some evidence. does the inciosure desoribe how they familiarized themselves with that evidence (pare 5-2d. AR COMPLETE ONLY IF RESPONDENT was DESIGNATED (sec?gn ii, Chapters, AR 15.5) Notice to respondents (para 5-5, AR ?id-5i: a. is the method and date of delivery to the respondent indicated on each letter of notification? it. Was the dale of delivery at least five wort-ting days prior to the first session of the board? c. Does each letter of notification indicate the date. hour, and place of the ?rst session of the board concerning that respondent? (2) the matter to be investigated, including specific allegations against the respondent. if any? 7 (3) the respondent's rights with regard to counsel? t4) the name and address of each witness expected to be called by the recorder? i. the respondent's rights to be present. present evidence. and call witnesses? IHJL l. Was the respondent provided a copy of all unclassified documents in the case ?le? e. If there were relevant classified materials. were the respondent and his counsel given access and an opportunity to examine them? :3 10 It Citli If any respondent was designated after the proceedings began (or otherwise was absent during part orihe proceedings): 3. Was he properly notified (para 5-5. AR 155}? DC it. Was record or proceedings and evidence received In his absence made available l'or examination by him and his counsel :l 11 Connect {para 5-6. AR 15-6): a. Was each respondent represented by counsel? Name and business address of counsel. (if counsei is a iawyer. check here b. Was respondent?s counsel present at all open session: of the board relating to that respondent? c. if military counsel was requested but not made available. is a copy (or. iforai, a summary} of the request and the action taken on it included in the report {pare 5-5bi AR 15-5)? 12 it the respondent chatiengod the legal advisor or any voting member for tacit oi impartiality {para 5-1 AR 15-6): a. Was the challenge properly denied and by the appropriate officer? it. Did each member successfully challenged cease to participate in the proceedings? 13 Was the respondent given an opportunity to (para 5?3-3. AH 15-5): . present with his counsel at all open sessions of the board which deal with any matter which concerns that respondent? . Examine and object to the introduction of real and documentary evidence. including written statements? Object to the testimony of witnesses and cross-examine witnesses other than his own? i Call witnesses and otherwise introduce evidence? Testiiy as a witness? Make or have his counsel make a final statement or argument {para 59. AR 15-5)? 14 If requested. did the recorder assist the respondent in obtaining evidence in possession of the Government and in arranging tor the presence of witnesses {para 58b. AR i5?6i? Ci 15 Are all of the respondent's requests and objections which were denied indicated in the report or proceedings or in an inclosure or exhibit to it (para 5?11. AR 15-6}? 3 Expiein negative answers on an attached sheet. a U33 of 1[?le MA coiumn constitutes a positive representation that the circumstances described in the question did not occur in this investigation or no . Page 2 of ii pages. DA Farm 1574. Mor1933 APD v1.30 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 002
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SECTION IV - FINDINGS {pare The {inves?garjng o??fcer) (board) . having carefulry considered the evidence. ?nds. SEE ATTACHED MEMORANDUM SECTION - RECOMHENDATIONS {para 3-H, AR 15?5) In view of the above findings. the {investigating of?cer) (board) reeommends: SEE ATTACHED MEMORANDUM APB PE ?ee Page 3 4 gaggez District Paktya Province Operation. 12 Feb 10 003
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SECTION VI - AUTHENTICATION (para THIs REPORT OF PROCEEDINGS Is COMPLETE AND ACCURATE, (itany voting member or the recorder teiis to sign here or in Section Vii beiow, indicate the reason in the space where his signature shoutd appear. I I {bust {tr-Its} 7 lriteoorderjl (investigating (President) {Member} (Member) (Member) (MW SECTION VII - MINORITY REPORT {para 3-1.3, AR 15-6) To the extent indicated in Inelosure the undersigned dates) not concur in the findings and recommendations of the board. (in the inctosure, identity by number each ?nding and/or recommendation in which the dissenting memberfs) do(es) not concur. State the reasons for disagreement. Additionei/substitute ?ndings end/or recommendations may be inciuded in the inciosure.) (Member) (Member) SECTION 1hi'Ill - ACTION BY APPOINTING {pare 2-3, At? t5?6} The findi MS and recommendalians of the (investigating of?cer} (board) are (approved) (disapproved) (approved with toiiowing exceptions!? substitutions). (if the appointing authority returns the proceedings to the investigating of?cer or board for further praceedings or canective action, attach that correspondence (or a summary, if orat) as a numbeI'Ed inctosure.) STANLEY A. Page 4! cf 4 339539.319: District Paktya Province OperationV1.30
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23 April 2010 EM ORANDUM FOR RECORD SUBJECT: AR 15-6 Investigation into Post Operation Activities on on 12 February 2010 in Gardez District, Paktya Province 1. (U) Purpose of Investigation: The purpose ofthis investigation is to determine, first, whether the ground force deliberately misled their higher headquarters in initial reports regarding the incident: and second, whether the ground force attempted to hide the circumstances surrounding the casualties by altering, tampering with, andfor cleaning up the incident scene. 2. (U) m. After weighing the potential bene?ts of visiting the scene of the incident, such as being able to see the locations ofthe shooter, lavout ofthe courtyard/entrance to Room 1A/interior of Room 1A, speaking with witnesses who could describe what they saw in context, etc, against the drawbacks, such as re-awakening emotional and political turmoil which had, at the least, abated somewhat since the operation, I determined the amount of information that could be useful to this information was not worth the cost. Therefore, I decided against a visit to the scene of the incident, instead asking the family members to travel to the PRT in Paktva to meet with us. 3. Participants: a. b' ibis) ibiBi c. d. 4. Facts: lbll1J1-4H.lbll5l 2) (U) Thetarget compound belonged ml {in5: ibiiBi I Saveral members ibii?) {in6) xtended family lived in the compound, including Daoud. {Exhibit February 2010, Mohammad Daoud was having a party in his compound to celebrate the birth of his grandson (Exhibit 1, Tab 11} 1 SEER-ET- AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 005
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{bil1i1Ao 6) (U) Two individuals, Abdul Ghafar, Daoud?s son and the father ofthe son whose birth was being celebrated, and the guitarist from the party, came to the gate within the target compound and noticed individuals (the assault force) outside ofthe compound. [Exhibit 1, Tab 11 and Exhibit 7) Abdul Ghafar returned to the room where the party was being held in Room 35 and said that there were individuals outside. (Exhibit 1, Tab 11 and Exhibit 8} (U) Mohammad Daoud told his guests to stay inside the room. exited Building 35, went to Building 34, and came out into the courtyard with an (Exhibit 1, Tab 11 and Exhibit lbil1i1-4a. ibii3i. (HUMP) 11) (U) Shortly after Daoud was shot, several people from the compound went into the courtyard and took him into Room 1A. (Exhibit 1, Tab 11 and 12 and Exhibits 2h, 2w, and 2x} 12) (U) After Daoud was removed from the courtyard, several individuals moved around the courtyard and in and out of Room 1A, despite the continuation of the tactical callout and members ofthe assault force yelling down for them to stop moving. (Exhibit 1, Tab 11 and Exhibits 2h, 2k, and 33} 13} (U) There was a blanket covering at least part ofthe doorway to Room 1A at one point in the evening. [Exhibits 2e, 2k, 2y, 23a, and Bi} 2 SEER-ET- AFI 15-6 Investigation of Gerda-z District Paktya Province Operation. 12 Feb 10 DOB
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14] Daoud?s brother, Zahir, an attorney for the Ahmad Abad district, exited the door to Room 1A with an AK-47 and crouched and aimed the weapon at two assault force members on the roof approximately 25 meters away. (Exhibit 1, Tab 11 and Exhibits 2e, 2h, 2k, and Bi) {bil1l1-4a. lbll3i. (bll?llFl 19) (U) Zahir fell back into Room 1A after he was engaged. and the door was quickly closed by someone in Ftoom 1A. {Exhibit 1, Tab 11 and Exhibit 2k) b. (U) Clearing the Objective 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10
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lbll1i1.4a. lbil3l1 {bllEL 9) (U) It was dif?cult to collect evidence and assess the bodies because of the number of people in the compound and in Room 1A. [Exhibit 1, Tab 11 and Exhibits 2m, 2n, 2p, 3k, lbll1i1.4a. lbil?l e. Investigations lbll131-4a. lbll?li 2} The MP5 saw 36 Destigeer?s investigators collect brass casings from the rooftop, dig into bullet holes in Room 1A and dig into an apparent bullet hole on the outside of Room 8A. [Exhibits 2n and 25) 3) (U) 36 Destlgeer?s investigator (bits) and other family members continued to prepare the bodies for burial. {Exhibits 2 arid 2t) lbll1l1-4?. lbll3}. (bll?li lbll?llFl 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 008
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8} (U) The ANP Chief for Paktva Province, BG Wardak, also arrived at the scene at this time. (Exhibit 1, Tab 11 and Exhibit 2p} 9) No member of the US forces saw a local doctor examine the bodies of the women. (Exhibits 2d, 2e, 2f, 2h, 2i, 2j, 2k, 2m, 2n, 2p, 2q, and Zr) ibll1l14ai lbl13}.lbll51. lbll7llFl f. (U) Information Operations {bll1l1-4a. {bliSJi lbll?l. 2} While the assault force was still on the objective, ISAF issued a press release stating that Coalition Forces had found the bodies of three dead women "bound and gagged" on the objective. This press release was never coordinated prior to its release. (Exhibit 1, Tab 15) 3] Shortly after us. forces left the compound, ISAF issued a second press release stating that Coalition Forces had found the bodies of two dead women bound and gagged and had found two men dead on the objective. {Exhibit 1, Tab 15) 3 AF: 15?6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 009
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5) (U) In newspaper articles covering the operation, an anonymous NATO official was quoted as saying that the killing resembled an ?honor killing.? (Exhibit 1, Tab 15] 5. (U) Findings: Question A. (U) What are the facts and circumstances surrounding the post-operation even ts an the objective by the ground force, to inciude reporting to higher headquarters? lbll1l1-4?. lbll1l1.4c. (bll3lu lbll5l. lbll?i. 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 D10
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(MUN-43. ibii3i. ibii5i. ibiiE). {biiTHFi Question B: (U) What actions did U5. servicemembers take when assessing the scene? Did US. servicemembers seai off the objective area, and ifso, how iong? Who, if anyone, from outside the ground force was wed inside the objective area during this period? 1) isil 10 AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 D11
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Question C. (U) Did anyone attempt to or succeed in removing bullets from the waits in the home where the were kitted, ono' ifso, why? 311431. {bit3}. Question D. Did anyone attempt to or succeed in removing buiiets from the bodies of any of the five cosuoities and, i?fso, why? Did anyone attempt to or succeed in cieoning up or uttering the bodies of any of the ?ve cosuoities, and if so, why? 2} The claim that assauit forces removed bullets from bodies comes from family members ofthe individuals kilied. It is not clear what they saw that might have led them to make this claim} but certainly the assault forces, the MP5, the LEPs, and the (one) 12 AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 D12
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examined the women?s bodies. The Afghan investigation reports that an American bullet was found in the body of one of the dead women, but it does not say how that bullet was found or who removed it from the woman. There is no evidence to support that bullets were removed from the bodies by anyone associated with US. Forces. 3} (U) The pictures taken of the bodies immediately upon their discovery show the bodies in the same condition that the pictures taken later in the morning lbil?i do. The wounds look the same, the bodies are no cleaner than they were initially. 4) (U) When the assault force entered the room, the women?s bodies had already been altered in that they were moved onto their backs and the majority of them were prepared for burial with cloth wrappings around their head and toes. There is nothing to suggest that the assault forces or other US. forces cleaned or altered the bodies of the five casualties beyond the manipulation needed for investigation. The pictures taken bv the BHO element show that the bodies had been manipulated after the pictures by the assault forces were taken. Clothes were lifted, bodies were rolled over in order to ?nd the wounds and determine the cause of death. However, there is no evidence that the bodies were altered or cleaned in any way in order to conceal the cause oftheir death. lbil1lia4a. lbll3ii lbil?ii {03mm Question E. i U) Did anyone attempt to hide the cause of death of the casualties? l} (U) All evidence shows that the assault forces were unaware that they might have killed these women. They spent their time trying to determine the cause and timing of these women?s death- Once these women were discovered, the focus ofthe assault force became determining the cause oftheir death. The Ground Force Commander?s explanation of the women?s death was not an attempt to hide the cause of death, but was his honest assessment, resulting from an unfamiliar and confusing scene. l3 AH 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 013
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Question F. (U) Did anyone aiter, ciean, or otherwise tamper with the scene in any way foiiowing the operation, and if so, why? ibii1i1.4a. ibii5i Question G. (U) Did the ground farce foiiow the proper unit standard operating procedures or poiicies for sensitive site expioitation or Bettie Damage Assessment? if not, how did their actions vary from the ibii1i1-4?. ibii5i. ibii5i 14 SEER-E AFI 15-6 Investigation of Gardez District Pektya Province Operation. 12 Feb 10 D14
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?331(5). {bits} Question H. (U) Any other matters pertaining to this incident that you deem reievont to the scope of this investigation. 15 SEER-FF 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 D15
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{bll1l14ai {bilSJi lbll?l. 2} (U) This investigation attempts to answer the questions asked by GEN and to address the allegations made by the Afghan of?cials in their brief on the investigation. 0f nete, the most serious ofthe allegations made in the brie?ng are not found in their written investigation. The discrepancies include: 1] the brief included pictures of Daoud that purported to show that Daoud was shot in the back and that his body was washed, but the investigation itself excludes any mention ofthis fact or any pictures of Daoud?s wounds; 2} the brief also included claims that Daoud did not have a weapon when he was killed, but this fact was not in the investigation; 3] the brief included claims that the bodies, walls, and floors were washed by the assault force before the Afghans arrived in an effort to cover something up, but nothing in the Afghan investigation suppons this claim; 4} the brief included claims that money had been stolen from the home, but the investigation did not make this allegation, although the investigation did recommend returning all "robbed cash;" 5) the brief also included the claim that sealing offthe compound allowed these people to die, but nothing in the written investigation states this; and 6) in the MOI brief, LTG Yarmand stated that the assault force should have known that ANP lived in the compound based on the AMP vehicle in the yard, but this was not in the written investigation. Beyond the brief, further claims of assault forces removing bullets from the bodies have been made in newspaper accounts that are not found in the Afghan investigation either. lbll1l1.4al. (bll?l 16 SEER-ET- AFI 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 D15
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SEER-ET- {bjl?l 6. (U) Recommendations: a. The primary recommendation resulting from this investigation is that no member of the assault force receives disciplinary action beyond that recommended in the initial investigation. This investigation found no attempt to hide or cover up the circumstances of the local national women?s deaths. [bjl?l d. Additionally, it is clear that US. forces cannot always share operational information 1? SEER-FF 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10
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with local ANP leaders out of fear of corruption or compromising the operation. In circumstances where units have developed a level of trust with their ANP partners, coordination before an operation may not only allow ANP participation, as directed by the Night Ftaid Tactical Directive, but also may prevent situations like this ifthe ANP recognizes the target house as belonging to a high ranking ANP of?cer. {le5) 7. Points of Contact: a. b. lbil3i. lbll?l c. d. {bilSL lbll?l Investigating OffiCEr 13 SEER-H AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 D18
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HEADQUARTERS WHEY) STATES FORCES - AF KABUL. APO AF. 09356 usroa-a?coa Aprii 2010 MEMORANDUM {bll3l. lbll?l Ito USFOR-A, Kabul, Afghanistan SUBJECT: Appointment Order lnves?gating Officer Pursuant to Army Regulation (AR) 15-6, Proceduresfor Investigation O?cers and Boards of?cers, 2 October 2006 . REFERENCES: AR (Procedures for Investigating O??icers and Boards ofO?cers), 2 Oct 2006; Guide for AR 15-6 Investigating Of?cers; Uniform Code of Military iusrice, 2008; Deparunent ofthe Anny (DA) Form 3381, Rights Warning Advisement; and DA Form 2823, Sworn Statement (with Privacy Act Statement). 9999?s Having been made available to the Commander, USFOR-A. by to support this USFOR-A investigation, you are hereby appointed as on investigating of?cer pursuant to AR 545, Chapter 3, Precedares for Investigating (Mimi's and Boards 0 rears, to conduct an informal investigation related to a civilian casualty incident hr: 12 February 2010 in Gardez District, Paktiya Province. as previously investigated the operation and the events surrounding the civilian casualties. Your investigation will focus 0n ovo issues: first. whether the ground force deliberately misled their higher headquarters in initial reports regarding the incident; and second, whether the ground force attempted to hide the circurnstanees surrounding the casualties by altering, tampering with, andfor cleaning up the incident scene. This investigation is your primary mission until you tender your completed ?ndings and recommendations to the commander, no later than 15 days from the date you receive this order. Yoru' appointment remains in effect until the investigation is completed and no further investigation is required. unless released sooner by the appointing authority. 3. As noted above, yom investigation will Focus on the events on the objective immediately following the operation. Your investigation will address the following matters using a question and answer format in your ?ndings: a. The facts and circumstances surrounding the post-operation events on the objective by the ground force, to include reporting to higher headquarters; b. What sedens did U.S. service members take when assessing the scone? Did US. service members seal off the objective area. and if so, how long? Who, if anyone, From ontside the ground force was allowed inside the objective area during this period? c. Did anyone attempt to or succeed in removing bullets from the walls in the home where the civilians were killed, and if so, why? d. Did anyone attempt to or succeed in removing bullets from rhe bodies of any of the ?ve casualties, and if so, why? Did anyone attempt to or succeed in cleaning up or altering the bodies of any of the five casualties. and if so. why? e. Did anyone attempt to hide the cause of death of the casualties? AH 15-5 Investigation of Gerda-z District Paktya Province Operation. 12 Feb 10 01$;l
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USFOR-A-CDR SUBJECT: Appointment Order - investigating Of?cer Pursuant to Army Regulation (AR) 15-6, Procedures for Investigation twice? and Boards of O?icers, 2 October 2006 f. Did anyone alter, clean, or otherwise tamvper with the scene in any way following the operation, and if so, why? g. Did the ground force who follow the proper unit standard operating procedures (SOP) or policies for sensitive site esploitation (SSE) or Battle Damage Assessment If not how did their actions vary from the h. Any other matters pertaining to this incident that you deem relevant to the scope of this investigation. 4. You will make speci?c factuaJ ?ndings and have the discretion to use any combination ofthe following methods: examination of reievant documents; visiting relevant locations; evaluating procedures; conducting inventories; taking pictures; and interviewing witnesses, documenting ali witness interviews in writing. You are not limited to these means of investigation, and your legal adviser may provide you with additional guidance. 5. Based upon your factual ?ndings, you will make recommendations which are not only supported by the facts, but also reasonably related to the facts. 6. Before you begin yoLIr investi ation. on receive a brie?ng froml {airs}. {nits}. I (one) iwho has been appointed as your legal advisor- {not inter {more I or DSN at} guns) I You must consult with your legal adviser regarding ali aspects of this investigation, including developing an investigation plan, dotennining whether witnesses need to be advised of their rights under the Article 3 l, UCMJ, (or the Fifth Amendment), and preparing your ?ndings and recommendations. You may use the investigative resources located at the SharePoint Portal: F0 You must review the originatinvestigation prior to beginning your own. You may use any statements or exhibits from that investigation as you deem necessary, but you should re-interview key witnesses, to include members of the ground force, regarding the issues listed above. 8. You are to conduct this investigation using the procedures outlined in Chapter 3, AR 15-6. No individual has been named as a respondent at this time. All witnmses will be swam-in prior to their interview. You are to thoroughly document all witness interviews in writing. preferably on a DA Fonn 2323 (Sworn Statement), You will interview all witnesses in person, if practical. Reduce any oral statements to memorandums for record. 9. if, in the course of your investigation, you come to reasonably SuSpect that certain pepple may have engaged in criminal conduct, you must advise them of their rights under Article 31, UCMJ (right against self~incrimination, outlined in DA Form 333] warnings}, or the Fifth Amendment, as appropriate. Witness waivers of their Article 31 or Fifth Amendment rights will be documented on DA Form 338! (Rights Warning PmcedurefWaiver Certi?cate). In addition, you may need to provide a witness with a Privacy Act statement before you solicit any personal information. You are to maintain a daily written chronology of your actions on this investigation. You are strongly encouraged to consult your appointed legal adviser if you have any questions regarding these procedures. 10. You may examine documents of personnel senior to you, and interview personnel senior to you. However, if, in the course of yoUr investigation, you determine that the investigation will require you to examine the conduct or performance of duty of a service member senior to you1 or to which you AH 15-5 Investigation of Gerda-z District Paktya Province Clip-elation. 12 Feb 10 020
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USFOR-A-CDR SUBJECT: Appointment Order Investigating Officer Pursuant to Army Regulation (AR) 15-6, Procedures for Investigation Q?ieers and Boards of?cers, 2 October 2006 have a moral or ethical con?ict, then you shall report that fact to my office immediately. 1 will linen appoint another service member, senior to the service member affected, who will either replace you as the investigating of?cer or conduct a separate inquiry into the matters pertaining to the service member. I . if you determine through your investigation that possible criminal conduct has occurred, immediately notify your appointed legal adviser before proceeding any further with your investigation. Criminal conduct includes violations of the UCMJ, punitive regulations, international, host nation, or other applicable State or Federal law. In making this decision, consider whether it is more likely than not, under the circumstances you are aware of, that an offense has been committed by someone. Should there be any ongoing criminal investigation into this matter, yOu are to ensure that you do not interfere with any such investigation. 12. From the evidence, you will make ?ndings concerning what occurred. Support your ?ndings by substantial evidence and by a greater weight of evidence than supports any different conclusion. In developing your recommendations, encore that your recommendations are supported by year ?ndings. Develop in your recommendations any courses of' edition that seem appropriate to resolve any issues or problems raised by your ?ndings, and recommend whether judicial, or no judicial proceedings, or further investigations are warranted. 13. The report ofinvestigation will be completed {in a DA Form [574. The report wili include a table ofcontents, and all exhibits will be tabbed. You will consult with your appointed legal advisor in developing your findings and recommendations. Your ?ndings and supporting documentation shall be as thorough as necessary to foiiy capture the facts and circumstances surrounding the scope of this investigation. 14. Submit your ?ndings and recommendations AR 13-6 to the Of?ce of the Staff Judge Advocate, US FOR-A, for a legal review no later than days from the date of appointment. Submit any request for modification of the suspense or the scope of your investigation to Staff Judge Advocate, USFOR-A, through your legal adviser. FOR THE COMMANDER: Staff Judge Advocate AF: 15-6 Investigation of Gerda-z District Paktya Province Opgation, 12 Feb 10 021
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EXECUTIVE SUM MARY On 12 February 2010, elements ofdiscovered the bodies of three deceased females during post-operation SSE on a target in Khetaba Village. and the Afghan Ministry of interior initiated separate investigations of this incident. After receiving th rcport and a brief by the MOI Investigating Of?cer, LTG Yarmand, GEN subsequently ordered this investigation to determine: 1) Did the ground force deliberately mislead its higher headquarters in initial reports regarding this incident?,- and, 2} Did the ground force attempt to hide the circumstances surrounding the casualties by altering, tampering with, andfor cleaning up the incident scene?. Our investigation concludes that the answer to both of these questions is "No" and recommends no disciplinary action against the assault force members. The facts gathered in this investigation indicate that ground force personnel were unaware that the females were killed when they engaged Mohad Zahir after he emerged from a building in the compound with an AK-47 pointed at the assault force on the roof. While multiple Afghan statements indicate that the three females were attempting to prevent Zahir from confrontingand were killed by rounds that either passed through or missed Zahir, and Ifor ricocheted offthe walls, by all accounts neither of the shooters saw the women as the view in to the room behind Zahir was likeiy obscured by his presence in the small doorway and a blanket hung over the exterior door entrance. The ground force was confused by the unfamiliar sight of the women prepared so quickly for burial and firmly believed that they did not kill the three women. They therefore began to seek an explanation for the deaths. Although the facts as they are examined now make it highly improbable these women were killed by any other means and placed on the scene, the ground ferce believed that the women had been killed prior to the operation when they first assessed the situation. Our investigation found that the ground force?s attempt to assess and explain the unu5ual scene in Room 1A led to an assumption that the women had been killed by Afghans and placed on the scene. This report was not made in an attempt to mislead higher headquarters, but was the honest assessment of the situation by forces on the ground. It is undeniable that ?ve innocent people were killed and two innocent men were wounded in the conduct ofthis operation. To simply call this ?regrettable? would be callous; it is much more than that. However, the unique chain of events that led to their deaths is explicable. It was con?rmed that as on the target area/compound before the ground force was launched. The ground force did not receive any intelligence that he had left the objective before they began the operation. The two men subsequently shot and killed presented themselves as combatants when they armed themselves with Ali-43's The men who AF: 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 022
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engaged Zahir did not purposely or knowingly shoot into a room full of people, especially women. Actions taken by the APU mentor upOn immediate discovery of the bodies (video) and the ground force commander (sitrep reporting the bodies within 10-15 minutes of assessing the scene) are reasonable, in accordance with SOP, and not the actions ofthose trying to mislead or Coverup. While there were tactical mistakes made, these were not within the scope ofthis investigation and they were addressed in the initial inveStigation. Our investigation does provide secondary and tertiary recommendations related to tactical lessons learned, information operations, reporting, and record keeping. 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 023
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CHRONOLOGY 0F INVESTIGATION DATE SAprillo Received appointment letter fromI I SJA {tr-H3) assigned to team; {men I (IONS). (bus) Iassigned as legal advisor. 9Apri110 Team assembled at established of?ce at awaiting paralegal support; in-calls withAG, (WES). (bite) 10Apri110 Studied previous investigation, prepared investigation plan, met withommander, requested additional documentation. 11Apri110 Met with OPS officer, (blt3). {busy I Discussed case, reviewed Powerpoint brief synopsizing the event. Received requested products from Provided ?rst list of names to interview and began coordination with units, both in Afghanistan and US. Began coordination with BSO for transportation and support to Gardez incident site. Continued to work through speci?ed/ implied tasks, facts, assumptions in order to frame an approach to this investigation and questions to ask witnesses. Ultimate goal is to answer questions directed in appointment order. {mien this). {bil?l I assigned as additional legal support. 12Apri110 Completed speci?c/implied tasks, facts, assumptions. Discussed questioning approach for witnesses. Prioritized witness list and schedule. Interviewed (but?) (him). {bil?l regarding {mama 0C procedures and his recall of 0C events the evening of the operation. Continued contacting POCs to arrange for witness interviews. AG of?ce contacted previous 15?6 IO linS'J. {bll?lt? arrange for interview and for his assistance in AH 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 024
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arranging interviews of witnesses in Damneck, VA area. I (inSMbii?i wrote MFR regarding interview with {bars}. {bii?i Spoke with I (biro1.4a.rbirsi.rmrsi re: missiOn clearance procedures. I3Apri110 Conducted telephonic interviews: (him). one lat approx. 1730; (memoirs) at 2030; ibii3i.ibii5i lat 2200; {bii3i. (one) at 2230; (bii3i.ibi{61 Iat 2245. (DES). (bars) to arrange for interviews with remaining AF members and to obtain ISR feed and Comms feed. 14Apri110 Began typing MFRs regarding previous day?s witness interviews. (bars). (tr-H6) coordinated site visits to Gardez and Compound Site withI chimera I Arranged for interviews withI (burs). (bars) I Continued efforts to obtain ISR I sound/footage, Inch chat, SATCOM recordings. Arranged for interview withl inSi. (bits) I {bits}. (one: lSAprillO I Ito discuss site visits. Interviewedl (burs). one) I this). one lContinued efforts to arrange interviews; attempted to contactl ibii33. ibii?i on original investigation and <me this) who), {bits} to arrange interviews with the family members. Attempting to arrange for I interview with ANP BG Destigeer. 16April10 Conducted in person interview withl {Wt (bits) lat 1230. Conducted telephonic interviews: I (his). one lat 2035; at 2045; (his). (bits) lat 2100. Continued to coordinate travel for 18 April. 17Apri110 Received sworn statements from (motions) I {in33. one) Ivia e-mail. I (bits) I 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 025
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I W3). W6) Ialso forwarded a JOC Log and a timeline put together by his team after the operation, included as an exhibit to the original 15?6. The JOC log sent matched the JOC Log included as an exhibit in the original 15?6. Conducted telephonic interviews with I this). roars) lat 2330. a_ 18Apri110 Travelled toI {bi?ma Ito interview I {mim- mne BG Destigeer, Haji I {bits} I {bits} I Then travelled to Jalalabad Air?eld to visitand meet with Travelled toI {bit1i1-4a Ito meet with ?ve of the six APU members involved in the Operation. 19Apri110 Reviewed ISR feed; didn?t have audio or time stamp. Received JOC Logs fof {mun-4a lfor the night of the operation. Conducted telephonic interviews withl W3). {men at 1730. 2'0Aprill'? Conducted telephonic interview with Began to assemble facts and determine ?ndings and recommendations. 21Apri110 Wrote facts, ?ndings, and recommendations and began to assemble exhibits and associated documentation. Conducted telephonic interview with (bits). {bursa I 22April 10 Completed assembling, AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 026
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OBJECTIVE DIAGRAM SDSERIES LEGEND BA 9A 101% 11A ?5 Warningshots 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 02?
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UNCLASSIFIED (mun-43 i Executive Summary The overall classification of this brief is: 08 APR 2010 CLASSIFIED 5v: MAN aao-s.dam1myaa DECLASSIFY cm: 205 APR 32 UNCLASSIFIED AH 15?5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 023
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ain (1) Assault occurred at um 11 February 2010 in Gardez District, Paktiya Province Two Armed males were found on target and killed in the courtyard Three women were discovered during clearance of structure These women were never spotted or engaged during the assault The focus of the operation then became determining how the three women had been killed Lack of cultural awareness led the Assault Force to conclude these women had been killed by someone else Initial inspection of the bodies suggested that they had been dead over several hours AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 029
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Main (2) This lead to the false conclusion that the women had been murdered Assault Force leadership remained on target, and conducted turnover with the Battle Space Owner and the Afghan Ministry of Interior Documentation of the bodies and the room was conducted No tampering of the scene was conducted by the Assault forces or Battle Space Owner Afghan lead investigation team arrived ile1J1.4a after the Assault Force had left the area It is probable that the family prepared the bodies for funeral in accordance with the local custom The time lag may have contributed to dramatically different conclusions between the US and Afghan investigations secemeeuaceu AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 030
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Target Compound Schematic Buildings 34 and 35 LEGEND 4- . i an Warning shotsbyAPU ?x 4 14A 0 211 BLDG 35 Eng/:2 AH 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 031
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Post AssaultTimeline (1) 12 FEB10 Non?essential personnel Assault Force personnel remained on target in order to conduct Key Leader Engagement with local village elders, local Afghan National Police leadership. the provincial deputy governor and the Battle Space Owner Battalion CDR. Key Leader Engagement receipts were received by the residence's elder. (bli1l1-4a moved to exfil. ibli1l1-4a (blt1l1.4a lbll?l conducts walk through with before proceeding to draft press release {bli?l Gen Adel, Chief of Investigation, Dep 505 East Zone is on scene. ISAF conduct lbll1l1.4a mitigation VTC 2?d ISAF thinner mitigation VTC AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 032
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Post AssaultTimeline (2) 12 FEB 10 - 09302: Reporter this: for Dateline releases quotes challenging ISAF release - ~15002: Assault force Key Leader Engagement also included the Battle Space Owner Surgeon who assesses that the females have been dead 8?12 hours. Surgeon makes a medical assessment of the deceased females for the Battle Space Owner's investigation. Shura conducted with village elders, Afghan National Police general. conventional Battle Space Owner, Afghan Partner Unit andibimm (mun-4a Ground Force Commander in which the Assault Force key leaders explained the actions on the objective and the Battle Space Owner Battalion Commander spoke to the key leaders of the Afghan National Police present. - 13302: IJC and FBI investigators arrive on scene 150022 3rd ISAF (mama mitigation VTC SEQ-W AH 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 033
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Post Assault Timeline (3) - 11 FEB: SSE Report from the Assault Force posted - 12 FEB: comma stating: that pro-Taliban insurgents had executed three women in a house in Gardez in Paktya Province earlier that day and hoped to blame the deaths on the US. military. (sensitive source report) - 12 FEB 14562: (mum Special Story Board for {bum-43 ver 2 - 12 FEB 13522: {moire photos posted to portal 12 FEB 10542: {mum Ireleases special storyboard ver 1 - 12 FEB: ISAF releases "Joint Forces Operating in Gardez Makes Gruesome Discovery? article - 12 FEB: Joint Press Release titled ?Afghan-International Security Force are Conducting a Joint Investigation into incident in Paktiya - 12 FEB 06002: HO releases initial statement to Minister Atmar from the VTC at 06002 in reference to post-ops mitigation from lama SEC-WU AH 15-5 Investigation of Gardez District Paktya Province Operation: 12 Feb 10 034
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Post AssaultTimeline (4) - 12 FEB 07262: Releases corrected final Story Board 12 FEB 05202: Women Dead, Kill Two Militants in Paktya" 13 FEB: (b)l1)1.4a appoints Investigating Officer Press Release ?Afghan-Combined Force Find Three - 14 FEB: photos for release based on LTG Yerman request to view photos taken by the assault force - 14 FEB: BG Bowes, leader of the Inquiry Team into I I conducted a conference call with (bll3i. (bll?l MG Regner, IJC lelSJ. {bll?l this evening at 16302 to discuss his initial ?ndings and the state of the inquiry. 15 FEB: BSO receives detainees from 15 FEB: CJTF 82 releases proposed talking points for 15 FEB: Sworn statements taken from Afghan Partner Unit, Gardez, and members seen-mm AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 for release 035
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Post Assault Titneline (5) 01 MAR: {mum completes 15-6 Investigation 01 MAR: Legal review of the 15-6completed 02 MAR: mama CDR signs Approval of 15-6 14 MAR: ISAF Rejects Cover up Allegations 20 MAR: BG Trembley briefed General on the brief that he received from Ministry of Interior Criminal Investigations Division earlier today. 23 MAR: ibii1i1-4a J3 and JAG meet with General MOI lead investigator and BG Trembley. Receive MOI investigation brief. 23 MAR: COMISAF directs IJC to coordinate a shura in Gardez with the following participants: local village elders and family members; officials (recommend LtGen Yeoman be one of those); {buwa senior representative(s); and 880 senior representative(s). 04 APR: ISAF releases article ?Gardez investigation concludes?. 05 APR: UK Times publishes two articles by ibii?l special forces 'tried to cover-up? botched Khataba raid in Afghanistan" and report criticizes covert troops who committed Afghan killings? 05 APR: International media including New York Times, REUTERS, CNN, AFP, AI Jazerra, Pajhwok Afghan News, and Indian Express publish articles stating US Admits to killing women AH 15-5 Investigation of Gardez District Paktya Province Operation: 12 Feb 10 036
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Assault ForcePhotographs Building 34 Room 1A Five bodies discovered by APU During clearance
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Assault Foi??} Photographs (bli?i Assaulters conducting a search of the KlAs Entrance to Building 34 AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 (bli1l1a43. 033
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Assault ForcePhotographs Assault Force searching for *?3?1?1'431?m?m wounds on Female 1 AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 039
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Assault ForceliPhotographs Building 34 Room 1A Female 2
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Assault Ford?? Photographs Building 34 Room 1A EKIA1
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Assault Force'Photographs Building 34 Room 1A EKIA 2
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HOME) Female 3 with cloth wrapping head and toes AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 {bills} 043
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?Photographs {bli1i1-431 (W5) Afghan men present on the objective ibii1i1l4a. ibii?i AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 044
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Photographs (bJI1J1-4?1iblf?l Unusual Neck Wound Female 2 AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 045
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UNCLASSIFIED Questions Discussion UNCLASSIFIED 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 D45
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HEADQUARTERS BAGRAM. AFGHANISTAN litjirt :Jr 2 March 2010 MEMORANDUM OR RECORD SUBJECT: Approval of AR 15-6 Investigation ICOI KW) 1. (U) I approve the ?ndings of the investigation with the following exceptions and substitutions: a. (U) Approved. I ?nd no wrong?rl use of entry techniques and the entry techniques did not contribute to LN deaths. b. (U) Approved with the following additions. (1) WEAR I ?nd thatl Ipersonne] provided medical treatment to two LN males who were wounded at some dine during operations orta Subsequently/J (him). (but?) Ithel (blt1l1-43 IPhysician?s Assistant, conducted a cursory ?eld exam on the ?ve found dead on them] This was the only documented record of a health care provider conducting any type of autopsy or like medical evaluation. (2) Wtold his BN CDR, did not believe had killed the three females. I told him the stab wound to the 18-20 year old female was odd and out of character for special operations personnel. I told him the bodies were in rigor, which takes eight to twelve hours to relax- I knew the bodies were in rigor because of the effort it took to move the head of the female with the stab wound to the throat.? c. (1) (U) Approved. I ?nd that both LN males displayed hostile intent prior to engagement by the Assault Force. (2) (U) Approved with the following addition. The Assault Force could have attempted to use more assets at their disposal to more e??ec ti vely call-out the oesopants of the buildings. d. (U) Approved. I concur with the IO that the cause of death of the three LN females is inconclusive. The lack of investigative procedure and future access to the 10 by the ANSF, AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10
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SUBJECT: Approval of AR 156 Investigation of?cials and Khataba village inhabitants contributed to an inconclusive ?nding in determining the deaths of the three females. (1) (U) Approved. (2) Approved. I concur with the 10 that a plausible cause in the deaths of the three LN females could have been a shoot through from lethal ?res applied by the AP Iagainst Zahir. But if this did occur, there was no intention to engage anyone exoept for Zahir who had demonstrated hostile intent by arming himself, and then a hostile act by pointing the AK47 at both US Soldiers. (3) Wises-F) Approved. I concur with the 10 that there are other plausible Causes of death for the three LN females including, but not limited to, cultural ritual, accident, or unknown circumstances. I concur with the 10?s ?ndings that the rudimentary ballistic evidence suggests that it is unlikely that the lethal engagement of Zahir resulted in the shoot thru of the three LN females. e. (1) (U) Approved. (2) (U) Approved. (3) Approved with the following addition. I ?nd the fact that the Assault Force Leader failed to mention the similar burial preparations on Davvood that were visible in SSE photos led to erroneous assumptions that were made by the Assault Force and transmitted to thel {bil1it4a Ifurther leading to the belief that the three LN females had been killed for a cultural purpose. (4) (U) Approved. f. (U) Approved. g. Approved. I ?nd that thel Ito keep a BHO force on the was critical to consequence management, and although it did not dissuade local national resentment, it did create an environment of transparency with CF 5. i. (U) Approved as per below in paragraph 2 of this memorandum. j. (U) Approved. AH 15-5 Investigation of Garcia-z District Paktya Province Operation. 12 Feb 10 D48
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SUBJECT: Approval of AR 15-6 Investigation MSW 2.. (U) I approve the recommendations of the investigation with the following exceptions and substitutions: a. (1) (U) Approved. Disseminate to subordinate TFs for action. (2) (U) Approved. Disseminate to subordinate TFs for actiOn. b. (U) Approved. Disseminate to subordinate TFs for action. (3) (seeds?Lam Approved. Refer to for action. (4) Weep; Approved. Refer toor evaluation of feasibility. c. (U) Approved. No action required. (2) (U) Approved. No action required. (3) (W Approved. Refer tol (btt1t1-4a Ifor action. d. (U) Additional actions. (bli1l1-4a. iblt3}. (W5) AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 D49
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SUBJECT: Approval of AR 15-6 Investigation ICOI KW) 3. (U) I direct a copy of this report be provided to the and subordinatetma tbit1i1.4 for dissemination and implementation of approved recommendations. I direct a copy of this report to be provided to the Commander, CJTF-SZZ, and the Commander, IJC, for their information and any actions they deem 4. (U) Point of contact is thel (mama. ibit3i. (bits) I or SIPRI comma thiSJ. ibit?i ibii3l. ?33(5) AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 050
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HEADQUARTERS BAGRAM, AFGHANISTAN REPLY TO ATTENTION OF 1 March 2010 MEMORANDUM FOR RECORD SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on I lbit1it.4a Ion period of darkness 11-12 February 2010. (SHREHSAF) 1. (-SH-R-E-HSAH Purpose of Investigation: The purpose of this investigation is to determine the facts and circumstances surrounding the deaths of local nationals that occurred during in the vicinity of Gardez District, Paktya Province, Afghanistan, during period of darkness 11-12 February 2010. (bits) Ito serve as the investigating of?cer on 13 February 2010 (Exhibit 1). (bits) I representative) andl (bits). lbli?i Ifor the investigation. 2. Background: a. On 11 February 2010, in the vicinity of Gardez District, Paktya Province, Afghanistan. The operation resulted in the deaths of two males and the discovery of three dead females and two wounded males. I (b)l1)1.4a land the casualties is unknown. The deaths of the Mo mates occurred during a tactical call-out (TCO) of the targeted compound and discovered the three dead females and two wounded males during the sensitive site exploitation (SSE) phase of the operation. (Exhibits 7, 8, 0, and 11) c. (UHFGUQ) In the aftermath of the operation, villagers from the area conducted multiple demonstrations in the vicinity of the provincial police headquarters (PHQ). Following these demonstrations. village elders held a share with Ministry of interior (Moi), Provincial Afghan National Police (AMP), Provincial Government and ISAF Joint Command (IJC) personnel. The village elders? demands included the release of the eight detainees, ISAF acceptance of AF: 15-6 Investigation of Gardez District Paktya PM 0 1
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SUBJECT: Anny Regulation 15-5 Investigation into the civilian deaths that occurred on {b}i1l1.4a Ion period of darkness 11-12 February 2010. responsibility for the civilian casualties. and punishment of the ?informantiagent? responsible for the faulty intelligence. During the shore, locals promised not to demonstrate further. and IJC promised it would conduct a full investigation. (Exhibit 17) 3. (U) Participants: The following forces participated in this operation. (Exhibit 2, 11. 12. 14): a. WI ibli1i1.4a 13. (U) Battle Space Owners (BSO): (1) l; lbil1i1-4a I ibii1l1.4a Ii c. (U) Afghan National Police (AMP), Gardez District d. {SiiR-ElriSA-Fal ib)i1l1.4a I lbli1l1-4a 4. Facts: 5.a. The detaiied facts and circumstances surrounding the conduct of the operation and foiio w-on actions in mitigation, coordination, and assistance. (For a detailed timeline of events see Exhibit 3 and for greater geospatial understanding see Exhibit 4-) a. (U) Purpose of the Operation: ibiiEi 2 AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 052
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SEGR-EWEHSAF SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (urrFe-ee) (2) WI ib)i1i1-4a. {bilTiiEi b. (U) Operational Planning: lb)? 11-43. ibii3). ibil5}. (bile-i. ibiiTJiEi. leTJiFi 3 AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 053
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11.43 SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (UHFQL-J-Q) 4 MEI-SAP 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 054
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WEI-SAP SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (UHF-GHQ) {bitTitEJ 5 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 055
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SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on ibii1}1.4a Ion period of darkness 11-12 February 2010. (UNFOUO) ibii1i1.4a. 6 15-6 investigation of Gardez District Paktya Province Operation. 12 Feb 10 055
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(mono: SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on {mime Ion period of darkness 11-12 February 2010. (UN-FEQ-UO) (bii1i1-4H. (bii5). ibiiTiiEi 7, 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 057
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SUBJECT: Army Regulation 15-6 investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (UHFQUG) ibii1i1.4a. ibii3}. (WE). ibiiTHEl 8 AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 058
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seem in 11.43 SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (UH-F9569) iblt1J1-4a. iinBL (W5). ibiiTiiEi. (MUHFJ WEB-SAP 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 059
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SUBJECT: Anny Regulation 15-6 Investigation into the civilian deaths that occurred on on period of darkness 11-12 Februargiir 2010. (UH-F999) (MUN-43. ibii3ii ibii5). (ti-HE}. 10 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10
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SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (UHFGUQ) - e. Post Mission Intelligence: The following items came from tactical questioning, and other post mission intelligence. (3) (unease) Weapons: During SSE,located three one pistol and multiple grenades in building 35 (Exhibits 3 and 13). assessed that two of the were the weapons held by Dawood and Zahir during the engagements. f. (U) Medical Care: '11 AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 051
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SUBJECT: Anny Regulation 15-6 Investigation into the civilian deaths that occurred on I Ion period of darkness 11?12 February 2010. (1) (Ll/$999) Wounded 15-year-old male: The platoon medic provided medical care to the wounded 15~year?old male discovered holding his side in building 35. The platoon medic assessed the abdomen wound was caused by a gunshot. It is assessed the male was originally in building 34, but the assault force moved him to building 35 following completion of clearance. The medic cleaned and bandaged the wound and assessed it as a super?cial through-and- through wound (Exhibits 2 and 11). Local medical providers moved him to Kabul for further treatment. (2) (UHFQUQ) Wounded 25-year-old male: The platoon medic provided medical care to the wounded 25-year-old male discovered with blood on the left side of his shirt and pants in building 35. The platoon medic assessed the wound to his left arm was GaUsed by a through- and-through gunshot wound, and the wound to his leg was Caused from a small piece of fragmented metal. It is assessed he was originally in building 34, but the assault force moved the male to building 35 following completion of clearance. The medic cleaned and bandaged the wounds and assessed them as super?cial through-and-through wounds (Exhibits 2 and 11). Local medical providers moved the patient to the Gardez Provincial Hospital for follow-on treatment. A subsequent interview with] lbiiBIl. ibiintFi I revealed the doctors believe a ricocheting bullet caused the leg wound (Exhibit 11). g. (U) Public Affairs: (1) Release: On 12 Feb, prepared a PAO release with talking points which was sent to the Media Operations" e-mail list at 05372. The release contained information the assault force found the women "tied up, gagged, and killed? as well as ?hidden in an adjacent room.? Also on 12 Feb,prepared a Public Affairs Of?ce (PAO) release with talking points to ISAF, USFOR-A, and IJC at 05382 via classified e-mail. This release was never sent forward. The release contains no information on the women being bound and gagged. Both events took place after the ?rst lift of the assault force and the detainees had departed the scene, but before and 830 leadership arrived at the scene (Exhibit 15). (2) (smegma) At 08232, sent a joint press release to the Media Operations" e-mail list andl lbii3ii (bits). ibii?iiFi I The release contained information the force "found the bound and gagged bodies of two women." It also details the Moi investigation delegation sent to Gardez and alleges ?[sleveral insurgents engaged the joint force in a ?re ?ght and were killed," which was the most widely rebroadcasted release (Exhibit 15). (3) 09562.5ent a Post Operation to and Mitigation package to a large e?mail list, which contained information on the target and a GlRoA-releasable storyboard, as well as l0 themes and talking points. Of note is the e?mail list contained the 12 AF: 15?6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 052
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3mm SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. addresses for the PRT Khost Commander I (mist, (bits), {minim I, but not PRT Palctya?s Commanderl (bits), {minim I (Exhibit 15). The 880 has taken the lead on consequence management and engagement for this operation, but neither of their IO personnel {bits . (b mun ibit1i1.4ai inSi. tbit?i. lwas on the list, however. While mama Based on the timestamp from the e-mail, this information was sent out after the 380 had been in a meeting with provincial of?cials (ANP Chief, NDS Chief, Provincial Deputy Governor), while a demonstration was taking piece, and approximately an hour prior to the arrival of the Mol investigative team from Kabul. Some of the information on the women being bound and gagged was released from the scene in radio reports to the BSD JOC and may have been forwarded to and further via the (Exhibit 15). LEAF) During this time period, reoeived multiple reports of statements allegedly made by Paktya Deputy ANP Chief BG Destigeer about what was found at the scene (one statement was CF had killed Paktva NDSI (bits) Ianother was CF had killed two NDS agents). Thel IWas also barred from doing any messaging for the incident by CJTF-BZ. When the decision was made to release the detainees taken from the objective, and ANSF issued the press statement (Exhibit 15). (8) (U) There have been no subsequent press releases. h. Condolence Payment: As of 19 February 2010, CF have offered no payments to the family. During a meeting before the 14 Feb detainee transfer, the father was persuaded by MG Fatah (ANP Zone 2 Commander) to accept some money Fatah said was Dawood's last wages. One of the issues still outstanding is the allegation of theft of approximater $85,000 from the premises, which was part of the demands both BG Wardak and MG Fatah have made to settle the matter. During a KLE behveatBG Wardak, and MG Fatah. BG Wardak mentioned condolence payment, but did not suggest an amount (Exhibit 11). i. (UHFQUQ) investigation: The investigation has not had a major to impact with the populace, but it has had a positive effect on CF relationship with ANSF in the province. mi met with Paktya ANP Deputy Chief BG Destigeer about information needed in pursuit 13 SEGREMREH-SAE AH 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 053
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SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. of the investigation and was well-received by him. He said he was glad the investigation was taking place to ensure something like this does not happen again and for future success in partnered operations (Exhibit 11). j. Key Leader Engagements: KLEs were the largest part of the consequence management for this event, especially considering erroneous reports from and ANSF of?cials on what had happened and the moratorium on messaging from echelons brigade and below (Exhibits 11, 16, and 17). (1) (UIIFQUQ) The ?rst KLE took place on site with the BSD, Deputy Governor. ANP Chief, and GFC. The GFC walked the of?cials through his team's actions on the objective. explaining what actions they had taken and what they had found at the scene (Exhibits 7 and 11). (2) (UHF-GHQ) The second KLE was done by the ISAF incident Response Team and 880 with a number of provincial leaders and the Moi-appointed representative (LTG Yarmand) on 12 Feb at approximately 15002 at the Governor's Guest House. During this meeting. LTG Yarmand met BG Bowes and they talked through what had happened that day, as well as setting a plan for consequence management and the investigations (Exhibits 11 and 17). (3) (UHF-9519) The third KLE was during the detainee release. and was held at FOB Gardez with LTG Yarmand, Member of Parliamentl (bits) lb){5) MG Fatah and BG Bowes. and CF personnel were able to meet before the detainee transfer, and delivered the detainees to their families at the Regional Training Center, which was well-received throughout the provincetb Fatah, and BG Wardak held the last KLE to date with each other on 18 Feb. During this KLE. the ANSF representatives explained their efforts to calm tensions in the area, provided atmospherics on the village. and talked about the way ahead (Exhibit 11). 5. Findings. a. b. Describe the methods used to gain entry into targeted compounds and structures during the mission and their effectiveness. ?nd that the methods used to gain entry into the targeted compounds were effective. ibii1)1.4a 14 AH 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 054
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SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. b. o. (mitigate) The nature and extent of any injuries or casualties encountered Upon, or as a result of, the conduct of this operation and include any subsequent medical care offered, provided, and/or declined. (1) The casualties were (Exhibits 2 and 13): GENDER NAME AGE LOCATION STATUS 1 Male Dawood ~38 ylo Engaged by assault force Killed by from rooftop. Killed GSW to the Courtyard (btw 34 8? sheet 35) 2 Male Zahir ~42 ylo Engaged by assault force Killed by from rooftop. Killed in GSW to the 34 doorway. chest 3 Female Bibi Saibeha ~35 yio Found in 34, rm 1A Died of wounds 4 Female Bibi Shirin ~22 yio Found in 34. on 1A Died of wounds 5 Female Gulalay ~18 ylo Found in 34, m1 1A Died of wounds 6 Male {bits} ~25 ylo Unknown, Treated in Wounded to 35, rm 2A the left arm and left leg 7 Male UNK ~15 ylo Unknown, Treated in Wounded to 35 rm 2A the lower left abdomen (2) See also paragraph above for treatment summary of wounded males. 5. Whether the employment of force by each element was a result of a demonstration of hostile intent, hostile act, or imminent threat; See paragraphs below e. Whether the amount of force used in each case was necessary and propertional under the circumstances; See paragraphs below f. What, if any, steps were taken to escalate and/or deescalate the use of force for any engagements; See paragraphs below k. WEAR Did the Assault Force use appropriate de-escalation Tactics, l. Who conducted the Tactical Call-Outs (T005), what was the location of the individuals conducting TCOs relative to occupants of the targeted 15 AF: 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 055
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SUBJECT: Army Regulation 15-6 investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (UHFGUQ) compounds, and was it reasonable to assume TCOs could be heard by occupants? See paragraphs below (1) After an analysis of their actions, I find each acted in accordance withl (bll1l1.4a Icore values and the Laws of Armed Con?ict. Each member that ?red his weapon acted within the Rules of Engagement because they responded to what they perceived as hostile intent. During the operation, lb)l1)1.4a engaged personnel. Assault force perceived two individuals as displaying hostile intent. In both shooting incidents, all four shooters responded to what they perceived as a direct and imminent threat to themselves or to the members of their assault force. Based on the imminent nature and time urgency of the threat, none of the four shooters was either in a position to avoid the engagement through escalation of less than lethal means or in a position to deescalate the situation in time to prevent perceived harm to themselves and the members of their assault ferce. In each instance, the amount of force utilized was necessary, proportional and applied at appropriate time. Reference paragraphs (11) for the description of the engagements. (Exhibits 4, 11, 12, 20) (2) find it reasonable to believe that the occupants of the compound clearly heard and understood the TCO. base this assessment on the close proximity to the building with the majority of people inside. The fact that assault force personnel located behind walls and over 150 meters away could clearly hear the TCO con?rms this assessment. Finally, local national accounts from the site visit on 14 FEB and detainee reporting con?rms that the males inside the compound heard and understood the TCO (Exhibits 1t, 14). The assault force's interpreter, APU soldiers and APU mentor conducted the TCO across the street approximately 15 meters from the target compound (Exhibits 11, 12). Reference paragraph 4.d.(15) for the description ofthe TCO. d. g. Provlde assessment for cause of death of deceased Local National females and is it consistent with the reports to Although 16 WEB-8A1: 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 056
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SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (UHFQ-HQ) the investigation team assesses the most likely cause of death for the three females and wounding of two males was from penetrating and fragmented rounds ("shoot throughs?) following the engagement of the armed male in the doorway to building 34, the team's results are inconclusive. Local national claims support the theory of "shoot throughs" from the second engagement resulting in the deaths of the females and wounding of males. However, many inconsistencies with this theory remain. (1) (-SiliR-E-lrl-SAH Two engagements from this operation resulted in two killed males. (bimiE) Icon?nn that there were only two engagements (Exhibits 4, 11I 12, and 14). The assault force discovered three dead females during SSE in the same room as the dead males (reference paragraph and the assault force discovered the two wounded males assessed to have originated from building 34 in building 35 during TQ {reference paragraph (2) Before examining the inconsistencies with the theory, it is important to examine the evidence that does support the theory. Local nationals claim there was a party in the compound celebrating the birth of a child; the guests feared they were being attacked by the TB as retribution for drinking wine, playing music. their Tajik ethnicity and for being guests of an ANP commander; and the women were killed during the second engagement as they tried to prevent Zahir from exiting the building to take bade! (revenge) for the death of his brother?all of which seems to be corroborated by some of the evidence. This evidence includes: ibll1ll-4a. ibli1l1.4c. {bliFJiFl (UNFQUQ) An interview conducted bith alocal national employee who was at the compound during the operation corroborates the "shoot through? theory. This local national claims that the women were killed trying to prevent Zahir from exiting the doonvay (Exhibit 11). Dawood?s cousin and father gave the ANFJ and the investigation team a summary of events that corroborated the ?shoot through? theory during the 14 FEB site visit (Exhibit 1 1). Convincing reporting corroborates the "shoot through? theory. The reporting indicating that the TI was at the compound earlier in the 17 AH 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 1D 05?
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(bli1j1.4a SUBJECT: Army Regulation 15~6 Investigation into the civilian deaths that occurred on (bji1l1.4a on period of darkness 11-12 February 2010. (UNFGU-Q) period of darkness to celebrate the birth, escaped capture and that CF accidentally killed two ANP of?cers and three women (Exhibit 11). Consistency in all eight detainees? statements that would be impossible to pre?plan without prior knowledge of speci?cs of the operation seems to help corroborate the ?shoot through" theory. The detainee reports corroborate that the women died when they tried to stop Zahir from exiting the building. They describe the party and the circumstances of Zahir?s and Dawood's death (Exhibit 14). The audio transcript of unwitting compound inhabitants. recorded during the BHO and while compound family members were in building 35, room 2A, corroborates the theory that the women were killed during the operation and not prior (Exhibit 18). (UNEQUQ) Understanding Afghan customs for preparation and burial of the dead explains the unusual wraps around the head and toes of the dead. explained to the team that it is an embarrassment to a dead person?s family if rigor mortis sets in and the body?s legs are uneven and the mouth open. explained that Afghans often put the wraps around the head and jaw and tie a body?s toes together immediately after death in order to prevent this. lbll? . loll? lFi explained the fact that it is very reasonable for the locals to have wrapped the bodies in the time between the second engagement and the clearance by APU (approximately 15 20 minutes) (Exhibits 16, 20). ibjl1j1.4a. ibijriji lot the males who compromised the TCO team at the gate corroborates what both local nationals at the site and at 86 Wardak's home claimed to the investigation team on 14 FEB. Although the lbjl1j1.4a supports the assault force's assessment on the objective that one of the two males at the gate was Dawood, Supports the locals? claim. The locals claimed that after the two men detected the force at the gate. they came into building 35 and warned the group of men at the party. They claim Dawood told the group of men to stay in the room and that he was going to get a weapon to protect them (Exhibit 12). The fact the family rented cooking pots for the party corroborates the part of the local national stories that there was a party celebrating the birth of a child. These cooking pots were located outside and con?rmed that these were the sort of pots rented for special occasions (Exhibits 13, 20). (UHEQUQ) The phone call to PHQ from a person at the party claiming the compound was under attack from TB corroborates that the people in the compound did not believe that the force outside was CF (Exhibit 11). 18 AF: 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 058
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SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (UNEQUQ) (UHEOUQ) Dawood?s father showed the investigation team the newborn baby at the site during the 14FEB visit. The presence of the baby helps corroborate the locals? claim for the reason for the party. (I) (UHFQUQ) Food and musical instruments present in building 35 again corroborates the claim that the locals were having a party (Exhibit 13). (3) There are considerable questions about the cause of the females' deaths and males' injuries because of the following: the investigation team was prevented from interviewing many of the local nationals on the objective and the local doctor that examined the female bodies; none of the bodies were autopsied; and there are multiple inconsistencies between what was observed and what has since been reported by local nationals. Below are some inconsistencies the investigation team discovered during the investigation: of buildings 34 and 35 were only approximately 24-26 meters away from the male in the doorway (Exhibits 4 and 12). {bll1l1.4a and said the room behind the armed male was well lit. Both shooters state they could clearly see there were no other people around or behind Zahir when he opened the door (Exhibit 11). Both shooters near simultaneously took their shots without coordinating between one another and without the hesitation expected had the shooters observed the presence of females or non- combatants in or around the doorway or target (Exhibits 4. 11, 12, 20). The investigation team assessed the cone of ?re through the doorway to building 34, room 1A. to be about three feet in diameter. The team made this assessment by looking at round impact locations on the wall and door to room 2A directly behind where the assault force engaged Zahir (Exhibit 13). [(Exhibit 12). 1Q AH 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 059
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SU BJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on on period of darkness 11-12 February 2010. (UHFQU-Q) Even without being able to do an autopsy on the bodies. based on rounds found, land center of mass gunshot wounds to the male in the doorway, it is probable that most, if not all. of the rounds can be accounted for. All of the data supports the scenario of a small cone of ?re through the doorway, the bullets' flight paths leading directly behind the target, and very little fragmentation 0r deflection of rounds into other parts of either room 1A or 2A (Exhibit 13). (UHFQUQ) The scenario of these rounds leading to the death of the male in the doorway, killing the three females in the room, and wounding two additional males seems extremely improbable due to the relative small cone of fire and limited number of rounds actually ?red through the doorway (Exhibit 13). (UIIEQUQ) Inside building 34, room 1A. the assault force, BHO law enforcement professionals (LEP). and the 380 medical officer did not ?nd the amounts of blood expected with lethal gunshot wounds to ?ve personnel and wounding gunshot wounds to two additional personnel. There was only one distinguishable blood spatter pattem in building 34 on the wall between the doors to 2A and 3A, possibly indicating only a single gunshot injury (Exhibits 4, 11 and 13). (UHFQUQ) According to the LEP, this spatter pattern was not necessarily consistent with a "high velocity? injury. Additionally, there was little to no blood pooling below the bodies. At least one of the females killed and one of the males killed had what appeared to be lacerations on their chest. Additionally, one of the dead females appeared to have a knife wound to her throat and a defensive gunshot wound to her hand (Exhibits 11 and 13). On the exterior sill of the doorway to room 1A, the LEP located a blood pattern which appeared to be more consistent with blunt force trauma. To the LEP, it looked like someone had possibly slipped on the ice and split open his or her head on the hard concrete (Exhibit 1 1). (UHEGUQ) Just prior to the departure of the BHO and remainder of TM SHA, a local doctor showed up at the scene. The doctor went into building 34, room 1A and closed the door (Exhibit 11). 20 seem AH 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10
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(bli1i1.4a SUBJECT: Army Regulation 15?5 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (unease) ANP could not tell the investigation team the name of the local doctor. Thus. the team has not coordinated an interview with this doctor to determine the results of his ?ndings. (UHEQUQ) The assault force identi?ed what it believed to be a pool of blood inside the SUV parked under the carport (Exhibit 13). However, the compound inhabitants refused to unlock and open the vehicle during SSE. During the investigation team?s visit to the compound, inhabitants claimed they did not have the keys to the vehicle and could not open it for the investigation team. When asked where the keys were, the inhabitants ?rst told the team that they buried the keys with Dawood (Exhibit 11). (UiiF-QUQ)heard the locals talking after this explanation. He heard one local turn to the local that gave the response and toldl him that he had ?done well to answer the question that way". was extremely suspicious of the locals' explanation. When the team highlighted this explanation as unlikely, the inhabitants then told the team the family members used the vehicle to take the wounded males to the hospital and one of the wounded males had the keys. However, they could not explain how the vehicle made it back to the compound if one of the wounded males in the hospital had the keys (Exhibits 11. 20). (utiliouo) When members of the went to interview one of the wounded males at the hospital in Gardez, they began interviewing the doctor responsible for treating the male. The doctor offered to get the wounded male?s ?charts.? However, Dr. I (bits), the Provincial Director of Public Health took over the interview and dismissed the doctor. The team has been unable to get the charts from the hospital (Exhibit 11). (Uii'liQielQ) Although promised a video recorded interview with Dawood?s and Zahir's mother, who reportedly had been in building 34, room 1A during the second engagement, the AMP failed to produce the video tape to the investigation team and have finally claimed the interview did not happen. ibil?l During all shuras, KLEs and of?cial meetings there was little to no mention or concern for the death of the three women?the ?rst genuine instance was during the 21 AH 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 0?1
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SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on on period of darkness 11-12 February 2010. meeting held at the Governor's guest house by the Gardez shura member. Although this may be based on the nuances of Afghan culture, it seems unlikely the death of threewomen integral to four different branches of the same extended family would get little mention in these meetings (Exhibit 2). e. h. Describe the circumstances that led the Assault Force (AF) to claim that the female Local Nationals were killed? See paragraphs (4) below. i. Why did the Ground Force Commander (GFC) not report similar cultural custom preparations of the male to those reported for the deceased Local National females? See paragraphs (4) below. j. f?S?i?REtrlSAl-T} Determine the reason for discrepancies between the Assault Force description of the status of the deceased Local National females and what the SSE photos depict? See paragraphs (4) below. m. The SSE photos of the deceased Local National females depict relatively recent wounds to include non-coagulated and or dry blood? estimate the time of injuries sustained relative to the engagement of the military aged males. See paragraphs - (4) below. n. The GFC reported via Radio Telephone that the deceased Local National females appeared to have been killed approximately 12?43 hours prior to actions on the objective, yet the remains were collocated with and based upon SSE photos, had what appeared to be similar wounds relative to the time of sustainrnent. What led the GFC to make statements contrary to SSE photo depictions was this an attempt to deceive? See paragraphs (4) below. 0. Did any element odeliberately deceive the Commander of bout the Circumstances or events o? See paragraphs (4) below. (1) During the operation, some en'oneous reports were made due to the confusion of the situation, speci?cally the fact the females on the scene were bound and gagged. This reporting liker led to reports, which called the females? deaths the result of an ?honor killing?, as well as a local report that assault force bound and executed the women on the scene. Deepite what is now believed to be erroneous reporting, there is no evidence that any of the personnel or the GFC intended to deceive higher headquarters (Exhibits 11, 19). (2) (unease) The wraps around the dead bodies? heads and toes seemed extremely unusual to the GFC and allpersonnel; the lack of significant blood pooling, blood spatter and already pale coloration of some of the female bodies; the identification of possible different types of wounds on the bodies (possible lacerations, knife wounds, and gunshot 22 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 OTE
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SUBJECT: Army Regulation 1545 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. wounds); and the initial opinion of assaulters that the bodies had been dead for at least 12 hours, led the GFC to make his speci?c radio reports (Exhibits 11, 13). ibii1i1-4?i ibii5) (4) Some of the discrepancies in the timeline hindered the ability of the BSD and Incident Response Team to do good consequence management as some of the facts of the operation were reported at the wrong time or out of order. Trying to make corrections to the information already provided to the itNFl and Afghan leaders was dif?cult for the BSD and the Incident Response Team (Exhibits 3, 10). Q. q. (U/rFeue) Describe the Battie Hand Over which occurred on the objective; See paragraphs 4.d.(26) -- (30) above. h. r. (ti/$999) Whether the measures employed during the conduct of this operation were in accordance with estabiished TTPs, Tacticai Directives, and Rates or Engagement; After my analysis of the measures employed by the assault force, I ?nd that the assauit force was in accordance with TTPs, Tactical Directives, and Rules Of Engagement during this operation. i. s. Any recommendations, iessons teamed and other matters you deem reievant to this inquiry. See paragraphs ?e - 6c below. 23 AH 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10
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WEB-SAP ibil1)1.4a SUBJECT: Armv Regulation 15-6 investigation into the civilian deaths that occurred on (bli1l1.4a I on period of darkness 11-12 February 2010. j. t. Did the AF and leadership actions represent Army values? After an analysis of their actions, I find eachmember acted in accordance with {bll1l1.4a core values. 6. Recommendations: anmary concern during operations is to reduce the occurrence of unintended casualties. Other consideraticins include improving consequence management, reporting and making amends with the locai populace when casualties do occur. These recommendations attempt to reach these goals. (WW 431 ibii5i. ibli?liEi Analysis and review of the tactical situation: ibli1l1-4ai ibii5l. ibli?liEi (2) Better integration with Afghans: Our partnership with legitimate Afghan forces. such as the APU, provides us the best opportunities for accountability and support from both the BSD and local Afghan authorities. ibli1l1.4a. (bli?l: ibli?liEl 24 WEI-SAP AF: 15-6 investigation of Gardez District Paktya Province Operation. 12 Feb 10 OM
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SUBJECT: Anny Regulation 15?6 investigation into the civilian deaths that occurred on minim; Ion period of darkness 11-12 February 2010. (1) (UHFG-U-Q) ?lnforrnation?s Critical Minutet" I {bit1i1.4a I I The same concept applies in the information battlespace. In this instance. the desire for quick updates to the situation led to incomplete or inaccurate information from the ground force to higher headquarters. Initial reporting invariably has a certain level of inaccuracy because either the situation has not completely developed or the person reporting it has not yet completely digested the situation. IJC should have reconized the unusual circumstances of the reporting and resisted a press release until afte produced a more re?ned report of the situation. (bli5) 25 AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10
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SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on Ion period of darkness 11-12 February 2010. (unease) (bii1l1?431lbll5l. c. (U) Making Amends with the Local Populace: (1) (UHFQ-UQ) The fact that the Afghan medical authorities did not conduct an autopsy. the unlikely ballistics and blood evidence to support the killing of ?ve and wounding of two people and the fact that ANP did not afford the investigation team an opportunity to talk to the local doctors casts doubt on the exact cause of the incident. (2) (UHEQLUQ) The doubt is enough that I do not recommend accepting responsibility for the deaths of the three females. As previoust stated, I assess the most likely cause of the incident is "shoot throughs" during the second engagement but maintain the results are inconclusive. 26 AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 DYE
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minimal SUBJECT: Army Regulation 15-6 Investigation into the civilian deaths that occurred on {blf1l1?4a Ion period of darkness 11-12 February 2010. (3) (UHF-GHQ) Regardless, I believe that the locals are convinced and will remain convinced despite any additional empirical or witness derived evidence that the assault force killed the women. Therefore, I recommend that CF make an appropriate condolence payment to the famin as a sign of good faith in our sincerity at the seriousness of the incident. and our hope to move past this incident and build trust with the local populace. 4. tblt3l? tblt?l tblt3l1 thtEJ Investigating Of?cer 2? AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 1D
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REPORT OF PROCEEDINGS BY OFFICERIBOARD OF OFFICERS For use of this form. see 15-5; the proponent agency is CHAS- IF ?93325 IS REQUIRED IN FILUNG PORTION OF THIS FORM. A TTACI-T SHEETS 5531103 I - APPOINTMENT Why {bitsi {bit?i I {doom-rm; authe?tji on 14 FEBRUARY 2010 {Awash tom 1: Letremr?eppemtmmor mas-anew ofomt muf?n-rant data.) (See para 3-15. AR (Date) 1 section It - sessrorts Tm camera at FOB GARDEZ, PAKTYA PROVINCE at 002 {Piacei Irma; on 14 FEBRUARY 2010 (He than one cheeka 1: mare-arena an imam lime-mm been and ended. the emf?feiim presentation! absent, endesz of absence. Harry.) The fetter-ting perm (members. mm cameo!) were preset (Weed: ms. iodine? meaty. Wt. Recorder, Member, Mfdtowing persons (members, ragtime. counsel} Here aheem: {Indu?e ?derptam?o? of east: ebeanee.) {Se-e pares 5-2 and 5-35. AR 15-6.} The {investigating a?oat] (hoard) ?n'?red mid-M Hide-nee at 23092- cn 37 FEBRUARY 2010 {Tin-.5; (De-re: are mmpieted ?ndings and mummem?umar 04092 on 1 MARCH 2010 i: one, more} - CHECKLIST FOR PROCEEDINGS AL GOMPLETE IN ALL CRSES Inoto?Ir-es {pare 3-15 AF: 15?5] Are the ?nite-rm biased and Where-d wWe-U with Rattan ownerals: (AW In (truer listed) a. The long- of appointment or a summary of ore! aopm'mmerz: date? . Capyof notioe?to respondent if any-135a: :?fern 9 eeiow} Shame-5pc:me or counsei, if arty? All min-?tter: communications to or from the appointhg authority? . P?emy Ad Sta?emernSICerh?'oate. if statement married My}? . Expiration by the Investigating of?cer or board of any unusuai delays. dif?coities. irregularities. or other I summertime (9.9., absorrce afmeteria! sameness? I g. it. Any other signi?cant payers. forearm evidence} reiating In administrative aspects oft-1e :nrreetigetio: or board? I I malaria 'X'twi?xl. FGOINCTES: Exp-tam sex-regatta? ensure-'5 man attested meet. a! Useou?b?rewn mime commutes a metre representatim mature memes Where-Wm eternal act-w mmtsinw?fgetrbn or board DA FORM 1553. EAR 1983 0? NOV ?7 's OBSOLETE. earn cram APB PE v? 23 AH 15-5 Investigation of Gardez District Pektya Province Operation. 12 Feb 10 DYE
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s'ruo? NA 2 Exlu'hits any: 3-16. AR 15-6) a. Are all m: o?amd Merchant receives? or mmidared as Bridal-acre individuain numberezi or tattered as exin'bita and attached to this rat-mt? b. is an Ina: ?ail un?t: altered ta or mnsidamd by investigating of?cer 3r board attached ?rst exhibit? a. Hasme a! each bean recanted Martin neen reduced ta amt-ten may: and anaemia as an exhibit? d. Are WDEBS, or depictians WSW airmail Evidence; property euthanticated and is the titration of the original evidence indicated? a. Are diagrams. included at iccations visited try the inuea?'gating amber ul' heard {Dam 35b. AR 756}? f. is each written stipulation attached as an exhibit and is each era! stinUIation either reduced to Writing and madn an exhibitorramrdad in a verbatim record? 9. if Mi m?ae of any Miter was [when wet :he at a respondent mum. is. a statement at" the matter aim of?cial na?aawss WW3: an emihit [para 3?1051 AR 15-5}? Was a Man preaentwhan the beard voted on ?ndings and mmdations {paras 4-1 and 52a, ts-EP . COMPLETE ONLY FOR FORMAL BOARD (Chapi?Br 5, AR 15-6} Aim did the WW. arm thatati panicipar?s had read. the ie?erot'appeirr?mtatt {para 5-3). 15-5}? W353 mamztevery swim DI the. board 52b, AR 3'55}? Was east: awn-Huber min-petty med {911523. .29 7555}? We WW cam. and interpreter swam, Effm'rta? {para 3-1 AR I if any mam who voted on times.- or mmewiations were not present when the beard some madame. ride-as Emir-mum Items-mum We: {pews-2d. . FF RESPONDENT WAS DESFGIMATED {TS-action ii, 5, RR Mica tax rap-awaits team 5-5 75-5]: 3. i; the method 2rd date mW?m?m?o?? it Was the date at de?uery at teast ?ve wining day's mix to the. that sesa'aan of the bcard? c. Dues-Bad"! iatiierof {rati?cation indicai? the data. hour. and piace crime ?rst session at the board warning that respondent? the inner to be Investigated. inc!qu sag-aci?c anega?liam against the respcn?e?t. ifamr? (3) the rasaondam's rights with regard to counsel? the name and address of each ?tness exp-Eated be nailed by the Witter? I the respomtent?s rights is be aresent. present Etridm. and can mam-5&5" 1 Was the respondent ?uids-d a com.- af all undassi?ed mm in the. case He? 9 It then: were relevant dassi?ed Matias. were the WI and his mmset given access anti an oppor?tmrt?; tr: examine them? 10 if any was designated after [he proceedings began {anathema-r55 was absent during par? of the pracaedings}: a Washemna?wrn??ed b. Was new at meetings and evidence remit-vet! in his absence made madam far examination by him and his mum}?! rams-tam :1 Cat-inset than 5-6, AR 15-5}: 3. Was each reaper?ent by courts-at? Name and business enuress of ccunsai?momma-mm ?in (Emisaiamr: macknera: :i It. Was made-M?s :cunsai pres-ant stall mum of the beard mast-1910 that respondent? i I c. af?aaraquastandtha - - antic: mum on it in?ude? Kathe nepu? mar: 5-60. AR 15-6)? - :2 Irina chant-ware tetra! advisorme voting member for lack arimparttaiity gram AR r55}: 3. Wasthechaiiengepmpe?y dimiad and Muhammch b. Did each member mug-need mass to participate in me panacea-dings? '13 Was this msponrtent-given 3r: enmity-tau (par? 53:. AR 15-6}; . Ee Dresem with his trauma! at all open mantra; cf the board deal with any matter which WW5. that reapmda?t?? Examine and. objenttc the of rest and documentary e?denze. incisrciing written statements? . Db?ectm the 5231mm amt cross-?aming? witnesses cthar tt-arr iris awn? Catt witnesses and Omar-Rise titted-m evidence? . Testify as a witness? f. Rhine or hmhis Masai make a ?nal statement argument (para 59. 31.5: 15?65? 14 FE mm, {Ed the writer assist the in obtaining aide-nae In possessm of the Gavemmant and in arranging fur the presence of?ine-am {pal-a AR 155;? ream I indumorexi?bittoit $545}? - JTNOTEs. 3 Expth a?mga?wanmm or: an mm?tedsheer. ma?a-m Eweafgrerw. autumn WW . Pagezwdpagea. $574!, 198:3 AFD Panza 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 WE
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I SECTION IV - FINDINGS {para 346-. AR 15-5} is o??icer} {board} . having carefully considered the evidence. finds: 5r MEMO A SUBJECT EM or -mv 15-5 tmm?rmnm 15.1%: ?rm-1 mm Dams THAT occmm vb 1 L43 mormmass 11-12 3233ch 25m- semen - REGMHENDAHOHS {53:2- 3-: 1. AR 1545) In view cf the ahuve ?ndings. the (investigating m?cerj {board} recommends: I SEE M5150 WITH A SUBJECT LINE OF- 15-6 INTO THE DEATHS THAT 0N 1 1 .43 1m 05 DARKNESS II-I2 FEBRUARY 3010' $599 3 orcpagss, GA Form 15M, Mar 1933 APE) p5 1.1.21: AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 080
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semen In (para 3-H. AR 155,5 13 REPORT OF PROCEEDINGS IS COMPLETE AND ACCURATE. {if any voting member or?ie recorder fan's to here or in 39339:? udow. harm the new in me space where h's 519nm mama appear.) {Dim}. {Invesia'gatf?g 0:35cm {Pm-369% {Mg-mng {Member} V11 - REPURT (Par? 3-73. ?In 7-5-5} TD the extent indicated in Indiaer . the undersigned no: Gonaur in the ?ndings and recommendations 0? the ba?ard. {In the Wm. Why number each ?ndhg in whit?! the dissenting membarfaz dofes) not com Sta-ta 3:9 mm far Went. Addi?m??ubs?uie Wings andbr remmenda?ons may be hidde in the indicative.) {Max:3er {may} SECTION - ACTION BY APWHTING AUTHORITY {?are 2-3. 1'55} The ?ndings and of the finve?fga?ng of?cer} {beard} are {appmvec? (disapproved) {appmved with foiiovdng exceptional substitutions}. fifths amm?ng au?b?arisr rerurns aha proceedings to the ma?ga?ng wiser or board for fur?erpmceedm? or mm actian. attach that commandmce {or a summary, if my} as a numbmd See attached memorandum, "Approval of AR 15-6 Investigation ICOI dated 2 March 2010 (DES). ?33(5) Page 4 on: pages. DA Pom: 15M. Mar-1933 mag FE w- an AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 081
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FromSUBJ: SUMMARIES OF INFORMATION GATHERED DURINGI ISITE VISIT On AND INTERVIEWS CONDUCTED ON IDIIEI. 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 082
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TABLE OF CONTENTS EXHIBIT 00 Basic Documents A- DA 1574 3. AR 15-6 Investigation Memo EXHIBIT 01 Aggofntment Orders A. Appointment Memo EXHIBIT 02 Key FAX, Terms and A. Key Personnel 3. Family Tree C. Key Terms EXHIBIT 03 Seguence of Events A. Time Line 8. Sequence of Events EXHIBIT 04 Seguence of Events Graghic Regresentg?gn A. Sequence of Events (graphic representation} EXHIBIT 05 - me A. Bombay Conop EXHIBIT 06 JOC LOG I A. JOC Log EXHIBIT 07 efI A. CLAMSHELL EXHIBIT 03 - Mail! A. SSE Report EXHIBIT 09 A. EXSUM- 11 FEB 10 EXHIBIT 10 SgecIaI Stag: Board AF: 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 083
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A. SPECIAL STORYBOARD 11 FEB 10 EXHIBIT 1'1 Witness Statements A. APU STATEMENTS A1. APU #1 Statement A2. APU #2 (P61) Statements A3. APU #2 (P62) Statements A4. APU #3 Statements A5. APU #4 Statements A6. APU #5 Statements A7. APU #8 [page 1) Statements A8. APU #3 (Page 2) Statements A91 [12 Feb 10} A10. APU Statement ontEnglish Translation} B. Gardez Statements 81 (bus). (one) tatements BZite Visit Statements B3.Interview of Sham Sadin Brittatement BS tatements B6)Statements Batatements BS. Statements B?ttatements Blatatements 311.5tatements Bltatements 313 Statements 314. Statement Summaries 5- C1. .. tatement C2.tatement C3 tatement D. tatements DStatement DZ tatement Di?tatement atement D?t?statement D?tatement D7 tatement 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10
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JISI. tatement D9. {one}, (one; Statement Dll. (bust {mtg Statement EXHIBIT 12 ootae A. EXHIBIT 13 - Pictures A: 1-121 Gardez photos 8: 14 Feb Visit to Site C: 8H0 Pictures D: SSE Additional Photos E: SSE PHOTOS F: SSE Video on Target EXHIBIT 14 Detainee StatemEn ts gusts-impose? 5164101 5164102 5164197 516420C 5164195 Sl??lg? 516?193 5164199 EXHIBIT 15 - Information Damion SI AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 2010-02-CA?054-Joint force operating in Gardez makes gruesome discovery 100216 - Detainee Release IO Message with Pashto Translation 100217 - Draft IO Message of Condolences regarding (Word Doc) 10021? - Draft IO Message of Condolences regardingwith Pashto Translation (PDF) con Re?ned for Release of Detainees IJC PRESS RELEASE #054_ Joint force operating in Gardez makes gruesome discovery {Emails} with Pashto Translation 085
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ISAF-MOI Investigation into Paktiya Incident (UNCLASSIFIED) Fw Follow Up KLE's ?0??1?43 Mitigation a. 2nd ABP Update (seem) Gardez incident news clips REL - 11 FEB 10 UC PRESS RELEASE #054_ Joint force operating in Gardez makes gruesome discovery (UNCLASSIFIED) M. Interview with the detainees N. iSAF-iviOl condemns distoverv in Paktiva (UNCLASSIFIED) 0 Latest and Greatest P. NIPR docs o. AAR slide R. PAKTYA-IZ Feb 10 PRESS RELEASE 5. Post Obj Mitigation 11 FEB 10 - (Paktya}{Gardez} T. V. W. X. Y. riser-.193 Public Health Interview REF CIVCAS crisis mitigation Phone Number Post Objective, 11 - 12 FEB 2010, Gardez District of Paktya Province Press Releases for 12 Feb 10 Two embargoed RIAB Messages on EXHIBIT 16 - Night}! SITREPS ldFEBlCl AR 15-6 SITREP 1R 15-6 SITREP 15-6 SITREP 19FEBIO 1R 15-6 SITREP Another Initial Report frOm ANP 0 Another 17FE310AR 15-15 SITREP Explanation on additional turnover of detainee stuf-f FWMitigatlon a 2nd ABP Update Gardez PRT 17FEB SITREP (bii1)1.4a AR 15-5 SITREP AR 15-5 Nighth SITREP 1.. 17FEBIO AR 15-5 SITREP M. Initial Report from ANP on N. IIO UPDATE FOR 1411 FEB 10 ecceewoenee EXHIBIT 1? ?Shura Summing A. Feb 13 Shura Summary EXHIBIT 18 Audt'o Transcriigt AH 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 086
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A. Transcript from Audio Device of unwitting We in rm 2A, 35 EXHIBIT 13 Radio Comms 21- Radio Comms EXHIBIT 20- of IntemIEWs A. (ummary of Interviews 27FEBIO AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 1D 08?
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HEADQUARTERS EAGRAM. AFGHANISTAN 13 February 2010 MEMORANDW FORI (bits). {bile-l SUBJECT: Appointment as Investigating Of?cer (UHF-999) I. {-Sali?EE-l: {Suit-F) Appointment. You are hereby appointed as an investigating of?cer pursuant to AR 15?6 to conduct an inquiry into the facts and circumstances surrounding the eitecuti on of the Task Force Operation intol vicinity of Gardez District, Afghanistan on 11-12 February 2010. 2. You are to lead thel {blinttalinvestigating team consisting of yourself, I (nits). (nits) Imemher), and] (bits) designated member of theI It is im critch that this investigation be conducted in full coOrdination and collaboration withm and the representatives. This investigation is your primary duty and takm precedence over all other assigned duties. 3. (WE-912519) Legal Orientation. Before you begin your inquiry, you will consult with the Task {one}. (one) He will serve as your legal adviser during the inquiry. 4. aim-?1719) Procedures. You are to conduct this invesrigation using the informal procedures outlined in Chapter 4, AR 15-6. You are to thoroughly doctunent all 1Livitness intonriews in writing. DA Form 2823s, or appropriate Sworn Statements, must be used if at all possible. If at any time during interviews or collection of statements you suspect misconduct, you must immediately advise that individual of his or her rights by executing a DA Form 383i or appropriate Rights Warning Certi?cate, before you continue. Consult your legal adviser prior to advising anyone of his or her rights. 5. Report of Investigation. Speci?cally, your inquiry shall address the following: a. (WEB-99) The detailed facts and circumstances surrounding the conduct of the operation and all follow-on actions in mitigation, coordination, and assistance; b. Describe the methods used to gain entry into targeted compounds and structures during the mission and their effectiveness; c. (UHF-GHQ) The nature and extent of any injuries or casualties encountered upon, or as a result of, the conduct of this operation and include any subsequent medical care o?crcd, provided andfor declined; AH 15-5 Investigation of Garcia-z District Paktya Province Operation. 12 Feb 10
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0. (SW Did any element oi-g - eliberatelv deceive the Conunander Mont the or events of SUBJECT: Appointrnent as Investigating Of?cer d. Whether the employment of force by each element was a result of a demonstration of hostile intent, hostile act, or imminent threat; e. Whether the amount of force used in each case was necessary and proportional under the circumstances; f. What, if any, steps were taken to escalate andfor deescalate the use of force for any engagements; g. Provide assessment for cause of death of deceased Local National females and is it consistent with the reports to h. 68% {8153-} Describe the circumstances that led the Assault Force (AP) to claim that the female Local Nationals were killed? i. did the Ground Force Commander (GFC) not report similar cultural custom preparatiOns of the male EKIA to those reported for the deceased Local National females? j. Determine the reason for discrepancies between the Assault Force description of the status of the deceased Local Na?Onal females and what the SSE photos depict? k. Did the Assault Force use appropriate tie-escalation Tactics, Techniques, and Procedures to includel Ispeci?cally for Tactical Call-Outs? l. Who conducted the Tactical Call-Outs (TCOs), what was the location of the individuals conducting TCOs relative to occupants of the targeted compounds, and was it reasonable to assume TCOs could he heard by occupants? m. {Emil-El: The SSE photos of the deceased Local National females depict relatively recent wounds to include non-coagulated and or dry blood estimate the time of mi tn-ies sustained relative to the engagement of the military aged males. n- The GE reported via Radio Telephone that the deceased Local National females appeared to have been killed approximately 12-48 hours prior to actions on the objective, yet the remains were collocated with and based upon SSE photos, had what appeared to be similar wounds relative to the time of sustainment. \Vhat led the GFC to make statements contrary to SSE photo depictions was this an attempt to deceive? strum p. (-ShiihBL?I-Sz?cF-?? Describe how the AF utilized the APU during this mission; q. (UIIFQUQ) Describe the Battle Hand Over (BHO) which occurred on the objective; \Ll'f'l'3?7 '5113 "I'l'kiL 4 I - AH 15-5 Investigation of Gerda-z District Paktya Province Operation. 12 Feb 10 089
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11.43 SUBJECT: Appointment as Investigating Of?cer r. (U {fl-3996) Whether the measures employed during the conduct of this operation were in accordance with established T'l'Ps, Tactical Directives, and Rules Of Engagement; and s. (UHF-GHQ) Any recommendations, lessons learned and other matters you deem relevant to this inquiry. t. Did the AP and leadership actions represent Anny values? 6. I ask you to pay particular attention to the battle?eld geometry as it relates to actions on the objective. This should include the known positions of friendly personnel as well as an known andfor suspected positions of combatants and noncombatants. This will assist the in deveIOping lessons we can learn and promulgate throughout the greater Coaltion Force. 7. You will provide an interim report of your progress to me NLT 15 February 2010 and be prepared to provide any necessary follow-on reports as necessary. This report will classi?ed at the ISAF level. 8. You are to submit your ?ndings and recommendations on a DA Form 1574 through your legal adviser to me with all attached exhibits no labor than 19 February 2010. Ensure you: investigation report, to include exhibits and attachinents, is properly classi?ed and contains the proper classification markings throughout. You are to produce your report at 1the SECRETIIREL level. If any exhibits centain classi?ed Focal Pointf/ACCM material, those should be redacted to achieve a classification no higher than SECRETHREL ISAF level prior to inclusion in the report. You are authorized to produce an additional, separate report at a higher classification level should you desire to do so or deem it necessary. Contact your legal adviser if you have any Questions. Submit any requests for modi?cation of this requirement, your suSpense, or the scope of your investigation to me, through your legal adviser. (bli?l AH 15-5 Investigation of Gertie-z District Paktya Province Operation. 12 Feb 10 090
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KEY TERMS AAF-Anti-Afghan Forces ANP-Afghan National Police ANSF-Afghan National Security Forces APU-Afghan Partner Unit BCT-Brigade Combat Team BHO-Battle Handover BSD-Battlespace Owner Evacuation CF-Coalition Forces of the Operation GFC-Ground Force Commander GlRoA-Government of the Islamic Republic of Afghanistan HCH-High-Con?dence Hit HTF-Human Terrain Team Joint Command lO-lnformation Operations order to tSAF-tnte rnational Security Assistance Force ISFt-Intelligence, Surveillance, and Reconaissance Leader Engagement JOC-Joint Operations Center Cover and Concealment Enforcement Professional LN-Local National MAM-Military-Aged Male MDMP-Militarv Decision Making Process of Interior NOS?National Directorate of Security ng Sign i?ca nt to Report DCG-Operations Control Group PAD-Public Affairs Uf?ceh) PHQ?Police Headquarters PL-Platoon Leader POL-Pattern of Life AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 091
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PRT-Provincial Reconstruction Team QRF-Quick Reaction Force RFl-Req meet for Information uad Automatic Weapon SI-Special Intelligence SHOT-Sniper and Observation Team SSE-Sensitive Site Exploitation TB-Taliban TCO-Tactical Callout TI-Targeted Individual TQ?Tacticai Questioning TEE-Tactical Site Exploitation TST-Tirne-Sensitive Target UlM-Unidenti?ed Male UNS-Universal Night Scope Forces-Afghanistan VBIED-Vehicle-Borne Improvised Explosive Device Order 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 092
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I I It was made- ctentiai TG-T name and Grid locatien (bli1i1-4?. {103(5) ?03(131?43 CGU CDNOP was sentt 1 1.421 rf?urther distribution nal CONOP Was Sahmitted Fuller was briefed and DECON was co ete with concurrence EKIA from 34 in MAM exit bid 34 and the EKIA and Altith back into hi 34' this MAM was not EMA from 34 bodies with toes tied and heads wra EWIA faund in 35 ries elem ound secure' SSE: 3x Ali-47 7 renade 2 RPG motors 1 chestrac 3 nade fuse linked with BH-D eternth corn ed BHO tan-essential conducted RW exfii 1 1 and 1 11 remain on target; link-up with [-380 forces to execute conducted Share with local leadership; met with I GEN Wardak on ta et inder of AF 1 1.43 AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 093
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[mun-4a VFINAL ROLL-UP 11 FEB 10 Roll-up: 34: 6/3/4/6, 3 LN female bodies, 2 EKIA, 4x detainees 35: 32/5/6/16, 2 EWIA, 4 detainees TOTAL: 38l8l10/22. 3 LN female bodies, 2 EKIA, 2 EWIA, 8 detainees SSE: 3 AK-47s 12 magazines 7 frag grenades 2 RPG Motors 1 chest rack 3 grenade fuses WW AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 094
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13-711 1543 Investigation of Garcia: District Paktva Province Operation. 12 Feb 10 095
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AH 1543 Investigation of Gerdez District Paktya Province Operation, 12 Feb 10 095
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CHALK LOAD (b){1)114a AH 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 09?
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MUN-4E1. ibii?i PAKTYA PROVINCE AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 098
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RECEIPTS INFORMTION 5411.? coma-'3" has i" 'rr-t "~11 yin RECEIPT FOR PROPERTY 11 I J. - -.- band because 'n'f . ?rst? torso offs-"F" .lm: in I amt-erm- istan If . 365-: .-: Information Ropuhttcot 9 an ll- I I the Property Is Willem! or tolerant to itwitl he returned as soon as posslb a. remn- s. 1.41.1.cannothereturmd and ismim'm'?m ?rthmat'm'ated' may hemmpenaam - 5 days. you may contact the ?ammar? -- 1? -- 31wfOTil. If you hmnotraos tollowtng phononurnhor ibii?i forlnfonnation status. ,?Inln . own-n? {ft-m2" - amt-?HI? i"J "'Ifi?l'lrl'S'J" - I - - ?3 Jun-5hat-DOCUMENTS In- - 'LCARDS - I L. -7. CI PHOTOS VI - hm A I CI sooxsrmors soars El AUDIONIDED MW Ct ovo PASHTU 54? Art-4? .3 . H-353 . at cur. . . fruiting? ifSHUTGUN PISTOL a - a 51:3; u. :11 1It. Hun-u? :1 J- J-- :5 or OTHER [Md Hair Vanni <1 -. . . AH 15-5 Investigation of Gardez District Paktya Province Operation 12 Feb 10 099
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RECEIPTS REPORT OF PROPERTY MIRAGE MILITARY EQUIPMENT thanEl' AMMO 3 {Li-.731: I I I, ,l I: IED MATERIALS )1 A RAOSOE ET FATIGUESEM 3 EOTHER ITEMS Gawain ELE RDNICS Rm: PHONE 3" CAMERA -- I 3 I, El COMPUTERTOWER 'l COMPUTER HARD may '6qu: WE) CI LAPTOP EJ VIDEO CAMERA :1 ICOM RADIO OTHER ITEMS MONEY CI CURRENEY PAKISTAN CURRENCY U.5. DOLLARS OTHER ADDITIONAL ITEMS .I. ?1 WIMJOIL-JS m3 ELDER SIGNMUHE AH 15-5 Investigation Of Dist-SO: Puktyu wince Operation, 12 Feb 10 100
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COMMENTS (bii1i1-431 @153. ibimiEL ibiiTliF) AH 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 101
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mime EWIA: BLDG 35 - 11 FEB 10 - Video footage available for 2 EWIA during questioning aboUt how they were wounded. 1 EWIA said he was injured in an explosion. 1 EWIA said he was shot in BLDG 35. Both were treated for gunshot wounds. WW AH 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 102
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Pictures AH 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 134
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(WE) {bH1J1-4a. (W5) (W5) AFI 15-5 investigation of Garcia-z District Pakty
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AH 15-5 investigation of Garcia-z District Paktya Province Operation. 12 Feb 10 191 ibii?i
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AH 15-5 Investigation ofi?ardaz Dj$ict
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rm 4m-m S<mw?35= mmamw DEER mum?ram Gama? Am 6. all? IIF
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Gardez Photos AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 203
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. i I a BiminWion15-6 Investigation of Gardez 1
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11 February 2010 Post Operation 10 and Mitiqation Gardez Districtiaktva Provincel {bJI1)1.4a The atmospherics for Paktya Province: WIDE) I {3.1.1.1213 i?iil?tl?ii RURAL MALES 40% RURAL FEMALEs 22% MW LITERATE (URBAN Stigma-? 31% R2 views TB As ENEMY 55% viEws Ao As ENEMY 50% VIEWS USA As ENEMY 25% ACCESS To TELEPHONE 50% ACCESS To more 100% STATES FAMILY FINANCES BETTER THAN LAST YEAR 19% GOV: Juma Khan Hamdard, former gov of Balkh and Jowzjan provinces, former Hi6, fought against TB in '94, then helped TB in ?97 Tribal Confederation: Pashtun Area Tribe: Zadran Ghilzai - Resides in the Zadran. Shwak, and Zurmat districts of Paktia. Jalaiuddin Haqqani is an influential member of the Zadran tribe. The Zadran also live in and Paktika provinces. Zadran are historically anti-CF and the tribe of the Haqqanis. Rivals with the Tani tripe. One described them as ?great robbers? and ?utter savages" and that their country was formerly a refuge for bad characters. 350: PRT: Gardez (US) POST OBJECTIVE IO THEMES AND MITIGATION RECOMMENDATION These taiking points and civit affairs recommendations are provided for discussion with ofticiats and non-media trey con-imitnicators. They are not intended for media engagements or discussions With U. S. audiences. Seek guidance from PAD personnei prior to any discussions with media representatives. OPERATIONAL CONTEXT: TI is a Taliban weapons facilitator operating in Gardez District, Paktya Province. In addition to weapons Tl has been involved in planning VBIED attacks as well as an attack on the Mumtaz Hotel in Kabul City, Kabul Province. Tl also maintains contact with multiple TB CDRs and in southern Paktya. FACTUAL STATEMENT: A partnered Afghan and Coalition AF conducted a combined operation in Gardez District against a TB sub?Commander. The AF conducted a peaceful callout prior to attempting to enter the building. Shots were fired when two with weapons displayed hostile intent resulting in 2 and 2 EWIA. 8 detainees were taken off of the objective and 3 LN AF: 15-6 Investigation of Gardez District ?Erovince Operation, 155913 at} 482
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JOINT PRESS RELEASE GOVERNMENT OF THE ISLAMIC REPUBLIC OF AFGHANISTAN INTERNATIONAL SECURITY ASSISTANCE FORCE Afghan-International Security Force are Conducting a Joint Investigation into Incident in Paktiya KABUL, Afghanistan (Feb. 12) The Interior Ministry and the International Security Assistance Force (ISAF) are conducting a joint investigation in the incident in Paktiya province in the Gardez district near the village of Khatabeh today. A joint Afghan-international security force found the bound and gagged bodies of two women and dead bodies of two men in a compound during an operation last night. continually works with our Afghan partners to ?ght criminals and terrorists who do not care about the life of civilians. The Interior Ministry of Afghanistan has sent a high ranking delegation today to jointly investigate this incident. We will fully in this joint investigation and provide any assistance the Interior Ministry requires," said Brig. Gen. Eric Tremblay, ISAF Spokesperson. The joint force went to a compound, after intelligence con?rmed militant activity. Several insurgents engaged the joint force in a fire ?ght and were killed. Subsequently, a large number of men, women, and children exited the compound. Eight men were detained for further questioning. 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 483
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NEWS RELEASE ISAF Joint Command - Afghanistan For Immediate Release Joint force operating in Gardez makes gruesome discovery KABUL, Afghanistan (Feb. 12} An Afghan-international security force found the bound and gagged bodies of three women during an operation in the Gardez district, Paktiya province last night. The joint force went to a compound near the village of Khatabeh, after intelligence con?rmed militant activity. Several insurgents engaged thejoint force in a ?re ?ght and were killed. Subsequently, a large number of men, women, and children exited the compound, and were detained by the ioint force. When the joint force entered the compound they conducted a thorough search of the area. and found the bodies of three women who had been tied up, gagged and killed. The bodies had been hidden in an adiacent room. The joint force immediately secured the area and requested expert medical support and will conduct a joint forensic investigation. Eight men were detained for further questioning. -30- DC Public Affairs Office IJC Public Affairs Of?ce - Operates 24 hours a day Primary Tel: From Afghanistan W9 951 3999 if wait for voice prompt} or dial (no 1 13 2000 [wait for dial tone) 318-449-9244/9 153f9154 From outside Afghanistan +93 799 51 3999 (wait for voice prompt) 688-444U4447 E?Mail: or MMQW Website: Wmt??i Notes for Editors: 1. The latest High Resolution stills can be downloaded for news purposes here 2. Visit us on the Web at ISAFmedia.com or on Twiggeg, Facebogk?, You'rube. Flickr or gluing 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 485
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From: To: Cc: lbll1l1-431 lbll3}. lbll?l Subject: con Re?ned for Release of Detainea?m? Date: Sunday, Febmarv 14, 201.0 15:01:00 Caveats: No Caveat inst relayed the following tat 1920 hours local: - Next meeting with 86 Bowes at 2000. - Per agreement between LTG Yarman and BG Bowes for pax will be present for handoff of prisoners from coalition custody to afghan custody at Go-ode L2, LTG V'arman, Parliamentarian Wardagj DG Mangai, MG Fatah - BG Bowes feels last coalition involvement in the process may be by him at Goode. All further actionsl Iwill be handled by and ANSF [202 Zonet Other evolving cletails per 36 Bowes: - - Press, family, elders would receive prisoners from 202nd Zone at ZHQ. Next conversation between 86 Bowes and LTG Yarman will be later tonight. MTF after that call. Weather impact on air movement is TBD. Might cause delivery time to shift right. WITH 3 (annual ps will continue to coordinate air movement and backward planning timeline wita ps. pax participation in movement to Sharona for detainees pick up is confirmed. lbll1l1-4?. lbll3l1 lbll?l lbll1l1-4a. I From: I AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 486
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Sent: Sundav. Februarv 14. 2010 6:16 PM lbll1l1.4a. (bll3l. Subject: RE: coa Development reference Release of Detainea foreseea? Importance: High Sir? We just left MG Fatah?s of?ce after 3 hours with him. We didn?t really discuss anything about the Minvestigation etc, but he did mention to us at the end that the people of Gardez were promised that the detainees would be released tomorrow. He said that CFs had already made the agreement and he made it sound as if an announcement had already been made. I briefly mentioned the weather and the possibilityr that this could ca use problems for aviation and he stated that the CFs already promised their release to the people. ljust hope the weather doesn?t interfere and the promise is a good one. lbll1l1-4a1lbll3l. From:l (munaa. (one). {bli?l I Sent: Sundav. Februarv 14. 2010 5:07 PM (bliSJ. ibli?l Subject: COA Development reference Release of Classi?cationz-SEGFEHL Caveats: No Caveat Thank you tor the reiteration. 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 487
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Reminderfor discussion ref MG Fatah and Zone involvement this morning was as a con. Final decision is TBD based on 36 Bowes and LTG Yarman?s decision. As I just briefed DG Mangal doesn't see them being part of the transfer. After I?m able to talk with 36 Bowes and we will finalize the plan. Time T89. is there any guidance from higher on timing of announcement of the release once we determine who will be involved? We will need to mitigate potential crowdx?riot concerns in downtown Gardez. I would prefer hold off on a public announcement until after the actual hand over. Thoughts or guidance from higher on this? NOTE: have not asked about timing of an announcement yet because I haven?t told them the prisoners were being released. 1 have only said we are working on it. (bli1l1-4a. ibil3). (bliEl From: (bil?i Rent: Sundau. Fehmarv 14. 2010 3:48 PM ibli1i1.4a. (bilSL ibliB) Subject: RE: 505th Zone at Potential Release of Detainees (Gian-Eli) Classi?cation: Caveats: No Caveat No. They will be reieased. Airborne! I (bits). (bits) 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10
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ibii13144'r11ibii3i. ibiiEl From:l {bit3}. (one) Sent: Sundav. Februarv 14. 2010 3:1? PM (bli1l1-4?r lbii5l ubject: 505th zone a Potential Release of DetalneesbeEHEli) Classi?cation: Caveats: No Caveat (D i3 . (blisl Great point I concern. My impression from my conversations last night withs that the detainees. are de?nitely going to be released ands just waiting for us to let them know the time-line [timeline determination will be based on information gathered (no 86 Bowes during oftime of this email we are still waiting for them to That said,l (bite). (bits) I Is there ANY chance the detainees won?t be released? We will work the details of where the aircraft fly for pick up {liker Geode then and then were we return the detainiee?s to based on the results of the todav and how the ANSF and want to move iorwa rd on the release {as we discussed last night]. Please let us know about certainty of release and we will provide details ofthe plan ibll1l1.4a. 033(3). (hilt?) 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 489
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lbll?l Fromzl ibil1i1.4a. (bus). (bus) I anf: ?nnriav. 14. 2010 2:39 PM (bll1l1-4?r (bll3lr {bll?l Subject: Potential Relase of Detainees Importance: High Sir? Reference the potential release of the detainees tomorrow, I discussed some concerns with your Battle Captain this morning as well as the Ops NCO for th told them that I cannot effectively approach MG Fatah about this until the approval for release has been con?rmed and flight information is available. We cannot take the chance that the will not be given to release the detainees tomorrow which would cause us to lose all credibility with the Zone, the tribal elders and Shura members; especially at this point in time. Thus. until I am certain it is a go, I will not talk to him about supporting the releaSe but will do so immediater upon approval. Lastly, WE {bli1l1-4a. lbll3l. (ONE) Classi?catioan-EEREF Caveats: No Caveat Classi?cations-SEEM? Caveats: No Caveat Caveats: No Caveat Caveats: No Caveat AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 490
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From: TD: {bii1i1-4a. 020(3). {bile-i Cc: Subject Fw: IJC PRESS RELEASE #054: Joint farce operating In Gardez maka gruesome discovery (UNCLASSIFIED) Attachments: 0 ?1 2?CA?i354-Join? to ino in Ga ome discove Here is the initial press release. From: {him {one Sent: Friday, Februaryr 12, 2010 10:0? AM To: DC Media Operations Subject: DC PRESS RELEASE #054: Joint force operating in Gardez maka gruesome diSCoverv (UNCLASSIFIED) Classi?cation: UNCLASSIFIED Caveats: NONE 2010-02-CA-054 For Immediate Release 3?0th force operating in Gardez makes gruesome discovery KABUL, Afghanistan (Feb. 12) - on Afghan-international security forca found the bound and gagged bodies of three women during an operation in the Gardez district, Paktiva province last night. The joint force went to a compound near the village of Khatabeh, after intelligence con?rmed militant activity. Several insurgents engaged the joint force in a ?re ?ght and were killed. Subsequently, a large number of men, women, and children exited the compound, and were detained by the joint force. When the joint force entered the compoUnd they conducted a thorough search of the area, and found the bodies of three women who had been tied up, gagged and killed. The bodies had been hidden in an adjacent room. The joint force immediately secured the area and requested expert medical support and wili conduct a joint forensic investigation. Eight men were detained for further questioning. -30- w?r ibii3i. {bil?i Classi?cation: UNCLASSIFIED Caveats: NONE AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 491
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From: Tm {bii3). {bil?l Cc: Subject: FW: ISAF-MOI Investigation into Pattiva Incident Gentlemen, Here is one of the iniljal press releases from ISAF. (bits) Message-"n From: ISAF NU HQ PRESSOFFICE Sent: Friday, February 12, 2010 1:06 PM To: undisclosed-recipients Subject: ISAF-MOI RELEASE-004-ISAF-MOI Investigation into Paktiva Incident (UNCLASSIFIED) Classi?cation: NATOIISAF UNCLASSIFIED SirlMa'am, Please see the joint MOI-ISAF press reiease below. 2009-09-CA-02-004 Afghan-International Security Force are Ednducting a Joint Investigation into Incident in Paktiva KABUL, Afghanistan (Feb. 12) The Interior Ministry and the International Security Assistance Force (ISAF) are conducting a joint investigation In the incident in Paktiya province in the Gardez district near the village of Khatabeh today. A joint Afghan-intemational security force found the bound and gagged bodies of two women and dead bodies of two men in a compound during an operation last night. continually works with oUr Afghan partners to ?ght criminals and terrorists who do not care about the life of civilians. The Interior Ministry of Afghanistan has sent a high ranking delegation today to jointly invatigate this incident. We will cooperate fully in this joint investigation and provide any assis'lance the Interior Ministry requires,? said Brig. Gen. Ertc Tremblav, ISAF Spokesperson. The joint force went to a compound, after intelligence con?rmed militant activity. Several insurgents engaged the taint force in a ?re ?ght and were killed. Subsequently, a large number of men, women, and children exited the compound. Eight men were detained for further questioning. Afghan and international seCurity forces work toged'ier to eliminate the insurgents and terrorist threats and to ensure the safety and well-being of the Afghan people. .6115. Ministry of Interior, Islamic Republic of Afghanistan, Directorate of Media and Public Relations, of?ce telephone: AH 15-5 Investigation of Gerda-z District Paktya Province Operation. 12 Feb 10 492
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ISAF Public Affairs O??ice Primary Mobile: {bits} E-mail: ,f USFOR-A- Website: wwnatoint?saf mite: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 493
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From: To: Cc: lbll1l1.4a. Subject: Fw: Follow Up Date: Thursday, February 13, 2010 16:44:31 Gentlemen, as requested, beiow is the latest update thatl {bil?l Ion the atmospherics in Gardet right now and othertopics related It?s pretty comprehensive and I think it will tell you what you need to know. This email was sent two days ago, the last day thatconducted KLEs. But he has several more meetings planned with tribal and government leaders over the course of the next two days. More to follow from that. Thank vou. ?v'erv respectfully, (blli H.431 {bli3l1 {bile-l From: (ails). (bills) I Sent: Tuesday, February 16, 2010 8:34 PM (bililida. lbll3l1 {bll?l Subject: [minute IFOIIOW Up 16FEBIU Classi?oation: Caveats: No Caveat Sir, We returned around 1830 following two of the four planned We?ve arranged to meet with DG Mangal and NDS tomorrow afternoon. 56 Wardak only Deestiger got called away and was not present] - Said he made 3-4 visits with the fa mill; and provided $6,000 of a total of $10,000 that the AUP will provide them. During visits AUP delivered oil, rice, fuel, and other items for the home - The sentiment of the people and family is good and getting better dailv. All of the problems the first day were due to two former Gitmo detainees who were instigating problems with the assembled crowds. 52 will follow up reference the names and background en the alleged instigators. AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 494
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I (one) of two dead males, Dawoud and Zahir, and patriarch of family} told the family "the incident is over, it is time to put water on the ?heat? and calm the people down?. Release of the detainees and return of the weapOns yesterday, was good? and is known province wide. Reference the alleged stolen money, 36 Wardak said don?t think he would have that much money in his house, and if he did, we need to ask where he got it.? I thought this was an interesting turn of events, given didn?t say anything about money until I was on the objective for well over an hour. He only mentioned the theft of money after he went into a room by himself with 86 Wardak. When they came out, he started claiming to me that the coalition stole his money. The AUP has arranged to pay Dawoud?s AUP salary tofor the rest ofthe life. This was confirmed {one} I PHD. is working with (since to try and do the same with Zahir?s (other dead male) prosecutor pay. Both 36 Wardak and MG Fatah indicated that they offered the remaining a job with the AU P. They are doing that IOT prevent him from siding with the AAF who are actively recruiting him following When asked what to do next he said 0 {bll1ll44?. ileSJ MG Fatah AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 Reiterated comments by LTG Yarman reference the family going to Kabul to meet with (SEN (i assume he gotthis from LTG Yarman who stayed on the ZHQ compound while he was in Gardez}. LTG Yarman called while we were with MG Fatah and reiterated his comments from yesterday. He cen?rmed that he arrived back in Kabul and asked that we call 36 Bowes so the two of them can link up. We will pass the message later tonight and then get out of the middle of their communications since BG Bowes is no longer co-located with us atma MG Fatah said he clearly understands the difference between coalition forces in Paktya and But he is concerned the bad deeds of the few may ruin the "good work the other 100,000 are doing?. 11 children were orphaned as a result of the operation. 6 children orphaned by the death of Zahir and his wife. 5 children were orphaned by the detention ofwho was released yesterday] and the death of his wife. It is interesting to note that MG Fatah is VERY sympathetic to all claims by the family and the villagers. For example he told me Dawoud and Zahir would have lived if they were allowed to go to the hospital but the special forces would n?t let them go. MG Fatah said he had three meetings with the family so far and that he should be the 495
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Fram: at" To: Subject Fw Mitigation a: 2nd ABP Update-{SEE- Date: Sunday, February 14, 2010 04:11:33 Importance: High CLASSIFICATION-SW CAVEATS: NONE TERMS: NONE ibii1i1?4?i ibii33. ibii?i ibii1i1.4a. ibiiSJ. ibii?i Sent: Sunday, February 14, 2010 3:36 AM To: AF Commander Subject: FW: Mitigation St 2nd ABP Update Importance: High environmentals from an interview with MG Fatah, the PC of the 505?? Zone. itii3i1 {bi 5) u?un- .- From: ibit1i1l4?. (bii3ii {bii?i I Sent: Saturday, 13. 201D 2:02 PM ibii1 )1-43. ibii?i Subject: ibii1g1.4a Discussion with 505th Zone AUP Importance: High ALCO M: We met with MG Fatah this moming and discussed the ongoing investigation into the results of the operation yesterday. We discussed their investigation, temperament and mood of AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 495
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the populace, etc. MG Fatah informed us that all the local elders, populace, leaders from Kabul are very concerned with the killing of the innocent women and the way in which the operation was executed without the use of the AUP or ANA from the Gardez Area. The local populace blames CFs for the unwarranted and unlawful killing of the these civilians and are especially concerned with the death of the women {one of whom was 9 months pregnant}. The locals do not trust CFs or the GIROA to protect human rights since they cannot even protect women which makes the Taliban no worse than us. There are a lot of negative feelings especially since they feel that they were deceived and that the Coalition Forces lied to try and cover up their killing ofthe women by saying that CF found the bodies of the women tied up when in fact, according to their reports, they were shot by the CF when they came into the courtyard to cover the bodies of the Daoud brothers. The locais in Gardez under the direction of the local elders planned on boycotting all things tied to and GS, as they see the government and CPS as being complicit in human rights violations and the deaths ofall the innocents, especially the women. They planned on boycotting schools. etc. and any projects supported by MG Fatah and the Kabul delegation met with the tribal leaders, calmed the situation and convinced them not to execute a boycott and protests to which the tribal elders agreed so long as the following demands were met. The following demands were relayed to us by M6 Fatah from the tribal elders: 0 Return of 400,000 Afghanis taken in the raid - Release of the 8 men taken back to the 505?? Zone HQs - Turnover of informant to Afghan Police for prosecution for passing false information resulting in the death of innocent civilians informed MG Fatah that I would pass along the Gardez Leaders demands but that is all I could do. According to MG Fatah their investigation so far has indicated that the family was ceiebrating the ?nal day of the six day celebration for the birth of a child and the family was ali inside the house when the raid element arrived on scene. When Mohammad Daoud heard the noise in the court yard and the initial breach activities mm he went into the court yard thinking that he was being attacked by the Taliban since he was an AUP Intelligence Officer responsible for interfering with their activities in Zormat. The report has been corroborated by the Gardez University Deputy {who was attending the celebration} who called the Paktya PHQ AUP by cell phone at new to indicate that the compound was being attacked by Taliban. According to MG Fatah, there was already an AUP element standing by at the Paktya PHQ because they had been informed earlier in the day that would conduct a raid at some place in Gardet that night and would call them in to assist in the actual execution. The call from CFs did not occur but they responded to the scene upon the cell phone call from the University of?cial [name unknown). He further stated that there was no indication that Daoud or anyone eise from the party fired at the CFs and that they were killed before they had any opportunity to try and defend themselves in what they believed to be an attack by the Taliban. The AUP is convinced that CFs were given false information by the Taliban in an effort to try and indirectly target Mohammad Daoud and Mohammad Zahir because they interfere with AAF activity as a police of?cer and prosecutor. He AF: 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10
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further stated that everyone knows that the CFs [which he regularlv referred to as the Special Forces} lied about finding the women executed because the women killed were the wives and sisters of the men killed, all attending a celebration of birth Two dead men: Mohammad Daoud was an ANP of?cer Intelligence Officer, Captain from Zorrnat. Just complete our Intel class last week Mohammad Zahir was the prosecutorfor Ahmadabad District, Paktia Three dead women (one of which was 3-9 months pregnant and lost the child}: Daoud?s Wife and {bits} I MG Fatah, CID and the of?cials from Kabul continue to investigate the situation?: and working with the family member and the local leaders to maintain peace and order. They will conduct another Shura at 1430 todav at the Zone to discuss the way ahead. We will have representatives at the Shura to listen and gather further details. Classi?cation: Caveats: No Caveat DECLASSIFY ON: 25 YEARS FROM DATE OF E-MAIL DATE OF SOURCE: 1 MAY 2006 CAVEATS: NONE TERMS: NONE AFI 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 498
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From: I lbilSl. lollBl I T0: Subject: IJC PRESS RELEASE #054: Joint force operating in Gardez makes gruesome discwerv (UNCLASSIFIED) Date: Friday, February 12, 2010 05:35:02 force ogerating in ?ardez makes grumme Classi?cation: UNCLASSIFIED Caveats: NONE 2010-02-CA-054 For Immediate Release Joint force operating in Gardez makes gruesome disooverv KABUL, Afghanistan (Feb. 12) - An Afghan-intemational securiw force found me bound and gagged bodies of three women during an operation in the Gardez district, Paktiya province last night. The joint force went to a compound near the village of Khatabeh, after intelligence con?rmed militant activity. Several insurgents engaged the joint force in a ?re ?ght and were killed. Subsequently, a large number of men, women, and children exited the compound, and were detained by the joint force. When the joint force entered the compound thev conducted a thorough search of the area, and found the bodies of three women who had been tied up, gagged and killed. The bodies had been hidden in an adjacent room. The joint force immediately secured the area and requested expert medical support and will conduct a joint forensic investigation. Eight men were detained for further questioning. .30- Classi?cation: UNCLASSIFIED Caveats: NONE AH 15-5 Investigation of Gardez District Pektya Province Operation, 12 Feb 10 499
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NATO says insurgents killed; family says civilians A: Assn-mam By AMIR SHAH, Associated Press Writer Arm'r Shah, Associated Press Writer? Fri Feb 12, 4:40 am ET KABUL Ajoint Afghan-NATO force killed several insurgents during a raid on a compound where troops discovered the bodies of two men and two bound and gagged women, NATO said Friday. Family members accused US. soldiers of killing innocent civilians. Afghan of?cials in Paktia province continued Friday they are investigating the deaths of ?ve people in a home near the provincial capital of Gardez. Police Chief Gen. Azizudin Wardak said the ?ve two men and three women were killed Thursday night during a party. One of the men worked for the police, while the second man werked for the attorney general's office, he said. "Who killed them? We still don't know," he said, adding the investigation is under way. Civilian deaths during military operation are a hotwbutton issue in Afghanistan, and U.S. commanders have issued strict orders to limit the use of ferce when civilians are at risk. President Hamid Karzai has also called on NATO to stop night raids into private homes because they offend Afghan culture and help turn people away from the government and its allies. The Interior Ministry sent a team Friday to Paktia to investigate the incident, indicating the high level concern over new allegations of civilian casualties. NATO forces have pledged to "cooperate fully in thisjoint investigation," said Brig. Gen. Eric Tremblay, spokesman for the International Security Assistance Force. In a statement, NATO forces said the operation took place Thursday night in the Gardez district after the joint force received reports of militant activity at a compound near the village of Khatabeh. "Several insurgents engaged the joint force in a ?re ?ght and were killed," the statement said, without saying how many had died. Then "a large number of men, women, and children" exited the compound and were detained by the joint force, it said. An initial statement said the joint force searching the compound made a gruesome discovery" the bodies of three women who had been bound, gagged and killed. The bodies had been hidden in an adjacent room, the statement said. But a second statement several hours later said the joint force found the bound and gagged bodies of two women and two dead men. There was no explanation for the initial discrepancy. 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 500
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Eight men have been detained for questioning, NATO forces said, adding that a joint forensic investigation will be conducted- However, relatives of the dead accused American forces of being responsible for the deaths of all ?ve people when contacted by The Associated Press by phone. A man who identi?ed himselfas Hamidullah said he had been in the home as some 20 people gathered to celebrate the birth of a son when a group of men he described as special forces" surrounded the compound. When one man came out into the courtyard to ask why, Hamidullah said he watched U.S. forces gun him down. "Daoud was coming out of the house to ask what was going on. And then they shot him," he said. Then they killed a second man, Hamidullah said. The rest of the group were forced out into the yard, made to kneel and had their hands bound behind their back, he said, breaking off crying without giving any further details. A deputy provincial ecuncil member in Gardez, Shahyesta Jan Ahadi, said news of the operation has in?amed the local community that believes the Americans were reSponsiblc for the deaths. "Last night, the Americans conducted an operation in a. house and killed ?ve innocent peeple, including three women. The people are so angry, he said. Ahadi said the operation had not included any Afghan forces, saying "The government didn't know about this." "We strongly condemn this," he said, suggesting that locals might organize a demonstration to protest. The Angry Arab News Service/?ldi laurel? ligated id'?lu?e?e A source on politics, war, the Middle East, Arabic poetry, and art. Saturday, February 13, 2010 Innocent civilians? N0 wav "Several civilians were killed in Paktia Province on Friday when a joint Afghan-?ail; force went to investigate a report of militant activity, but NATO and the Afghan police gave varying accounts of what happened.? i AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 501
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have an idea. Let us launch an investigation which will invariabty exonerate US occUpation forces. Yalla. (CNN.com blogs) Bodies believed to be 'honor killing' victims Bodies believed to be 'honor killing' victims February 12th, 2010 KABUL, Afghanistan (CNN) - Four people found dead in a southeastern Afghan compound appear to be-victims of an honor killing, a senior U.S. military official said on Friday. The bodies were discovered during an operation by Afghan and forces in Paktia province, a volatile region along the border of Pakistan. NATO's International Security Assistance Force said the bodies of two men and two women were found, with the women bound and gagged, and the U.S. of?cial said the people were shot "execution?style." An honor killing is a murder carried out by a family or community member against someone thought to have brought dishonor onto them. The U.S. of?cial said it isn't clear whether the dishonor in this case stemmed from accusations of acts such as adultew or even cooperating with NATO forces. "It has the earmarks of a traditional honor killing,? said the official, who added the Taliban could be responsible. Afghan and NATO officials are investigating the incident, which occurred in the village of Khatabeh in the province's Gardez district. The Operation unfolded when Afghan and international forces went to the compOUnd, which was thought to be a site of militant activity. A fire?ght ensued and several insurgents died, several people left the compound, and eight others were detained. Paktia is the same province where a military? base was the target of an assault that wounded five U.S. soldiers on Thursday, authorities said. Both the U.S. of?cial and a Paktia province spokesman confirmed that a suicide attacker, apparently wearing police garb, carried out the action. The U.S. of?cial said it may never be fully determined if the uniform was stolen or the bomber was a turncoat. On December 30, a suicide attack on a U.S. base in Afghanistan killed seven CIA of?cers and a JOrdanian army captain. The Pakistani Taliban claimed responsibility for the attack, also on a base in eastern Afghanistan. Barbara Starr contributed to this report. attestw?whmm tru5tcd local news 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 502
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Civilians flee Afghan town ahead of U.S. assault 2/12/2010 6:16 PM Associated Press NEAR MARJAH. Afghanistan (AP) Cars and trucks jammed the main road out of a besieged Taliban-held town on Friday as hundreds of civilians de?ed militant orders and fled the area ahead of an anticipated U.S.-Afghan assault. Tribal elders pleaded for NATO to ?nish the operation quickly and spare civilians - an appeal that offers some hope the townspeople will cooperate with Afghan and international forces once the Taliban are gone. Thousands of U5. and Afghan troops have ringed the town of Marjah in Helmand Province. poised to enter the farming community. drive off the Taliban and restore government control over a major insurgent supply base and opium-poppy center 380 miles southwest of Kabul. Once the town is secured, NATO hopes to rush in aid and restore public services in a bid to win support among the estimated 125.000 people who live in Marjah and surrounding villages. Although the Marjah operation began weeks ago with the m0vement of troops. U.S. commanders have not revealed when the main attack will take place. They have signaled their intention to attack Marjah for weeks in hopes that civilians would seek shelter. The operation. which is under NATO auspices. is the ?rst major offensive since President Barack Obama announced last December that he was sending 30.000 reinforcements to Afghanistan, and will serve as a signi?cant test of the new U.S. strategy for turning back the Taliban. Residents told The Associated Press by telephone this week that Taliban ?ghters were preventing them from leaving. warning the roads were planted with land mines to slow the NATO advance. Nevertheless. the road between Marjah and the provincial capital of Lashltar Gab. 20 miles to the northeast. was jammed Friday with hundreds of cars and trucks ?lled with people ?eeing ahead of the assault. Many said they had to leave quickly and secretly to avoid recrimination from Taliban commanders. Some said they slipped out of town when Taliban mmanders weren?t watching. "We were not allowed to come here. We haven't broughtany of our belongings: we just tried to get ourselves out." said Bibi Gui. an elderiy woman in a black headscarfwho arrived in nearby Lashkar Gah with three of her sons. She left three more sons behind in Marian. Police searched the vehicles for any signs of militants, in one case prodding bales of cotton with a metal rod in search of hidden weapons. "They don't allow families to leave.? Marjah resident Clari Mohammad Nabi said ofthe Taliban. "The families can only leave the village when they are not seen leaving." Provincial spokesman Daoud Ahmadi said about 450 families - an estimated 2.?00 people - had already sought refuge in Lashkar Gah. Most moved in with relatives but more than 100 were being sheltered by the government. he said. Ahmadi said the iocal government was prepared to shelter 1000 families in nearby towns, providing them with food. blankets and dishes. in advance of the attack. Afghan of?cials urged community leaders in Marjah to use their in?uence to persuade the Taliban to lay down their weapons and avoid a bloodbath. In return. the of?cials promised to improve the lives of the people there. During a meeting Thursday. Helmand's governor, Gulab Mangal. urged tribal elders from the town to "use any avenue you have. direct or indirect. to tell the Taliban who don't want to ?ght. that they can join with us." according to the chief of Helmand's provincial council. Mohammad Anwar Khan. For their part. the elders begged for limited use of airstrikes because of the risk of civilian deaths. Khan said Friday. Another of the elders at the meeting. Mohammad Karim Khan. said he would not dare to approach the Taliban and AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 503
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tell them to give up their guns to the government. "We can't talk to the Taliban. We are farmers and poor people and we are not involved in these things like the politicians are." said Khan. who is not related to the provincial council chief. Instead. a group of 34 elders sent a letter Friday to the provincial government urging NATO forces to ?nish the operation in Marjah quickly and to avoid harming civilians. Abdul Hai Agha. an elder from Marjah. said local people were frightened and feared they would not be cared for after the Taliban are gone. "We said in this letter that if you are doing this operation in Marjah, do it quickly.? Agha told the AP by phone from the town. The fact that the elders did not demand US. and Afghan troops call off the operation offered a glimmer of hope the tomspeople will cooperate with the pro-government forces if the Afghan leadership is able to ful?ll its promises of a better life without the Taliban. US. of?cials have long complained that Afghan government corruption and inef?ciency have alienated millions of Afghans and paved the way for the revival of the militant grOUp after it was driven from power in the 2W1 U.S.?led invasion. One ofthe main drafters of the letter to government of?cials said he and others had been reaching out to local Taliban commanders. "We have talked to some of the Taliban over the phone and we have told them: This is your country. Don't create problems for your fellow Afghans and don't go on a suicide mission.? said Abdul Rehman Jan. an elder who lives in Lashkar Gah. However, Jan said most of the Afghan Taliban have already ?ed the area. Militant commanders from the Middle East or Pakistan have stayed 0n "and they want to ?ght," he said. U.S. intelligence of?cers estimate there are possibly up to 150 foreign ?ghters among the 400 to 1.000 Taliban militants in Marjah. Elsewhere. villagers in the eastern province of Paktia aowsed ajofnt Afghan-NATO force of killing civilians during an overnight raid. NATO said it killed several insurgents on the compound and troops discovered the bodies of two men and bound and gagged women inside the compound when they searched it. Afghan of?cials in Paktia province con?rmed Friday they are investigating the deaths of five people in a home near the provincial capital of Gardez. Police Chief Gen. Azizudin Werdak said the ?ve two man and three women were killed Thursday night during a party. One of the men worked for the police. while the second man worked for the attorney general's of?ce. he said. ?Who killed them? We still don't know." he said. Also Friday. the Taliban claimed responsibility for a suicide bombing on a U.S. military base a day earlier in Paktia near the Pakistani border thatwounded ?ve Americans. The Paktia base is 400 miles northeast of Marjah. 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 504
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#22er 2.5- The more things change . . . BEHIND THE HEADLINES BUNN NAGARA The fight against Taliban insurgents intensi?es in Afghanistan, with no solutions yet from Iraq to Pakistan. FOR US President Barack Obama, ?ghting Saddam Hussein's Iraq was the "wrong war" but attacking a Taliban-ruled Afghanistan that had been hosting al-Qaeda was the "right war?. The ?rst was a "war of choice?, being both unnecessary and diversionary, while the second was a ?war of necessity" in ?ghting terrorism. Whether as presidential candidate or president, Obama is no paci?st, differing with his predecessor George W. Bush only in his sense of political geography. Much US military action has thus moved from a post-Saddam lraq to an Afghanistan beset with a Taliban insurgency, with how a war is de?ned relating to perceived US national interests. However, other people with similar security interests may Well have very different perceptions. The most basic and immediate security interest is the safety of self and family. followed by that of the neighbourhood. community and nation. Increasing numbers of Afghans are daily being made aware of it, in being compelled to live through or die from it. And yet even at the high cost of local Afghan lives continually at stake, some essential issues remain very unsettled. An all-too-comrnon result is that people continue to be killed in their own homes, while both sides argue over the identi?es and actions of the deceased. The USmled occupation forces in Afghanistan are now supposed to be more friendly to the residents, when several previous troop encounters with locals ended in the latter?s murder. Typically, the occupying forces see a dead militant where bereaved families see an unjustly murdered relative or neighbour. But what visible difference is there between a civilian and a militant? That difference is required to distinguish between life and death, or war and peace, yet in the course of combat no discernible difference may be apparent. Militants wear no uniforms or insignia, practise no coded handshakes and carry no membership cards or other identifying documents. They are indistinguishable from local residents at point-blank range, notably to foreigners who havejust parachuted in, and certainly to distant foreigners viewing neighbourhoods from grainy satellite pictures. 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 505
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Of course, militants may carry ?rearms, but so do locals for self-defence in a tough neighbourhood as in the US. A Taliban insurgent is also Pashtun in ethnicity, but in areas populated mostly by Pashtuns that is another factor for confusion rather than clari?cation. Another Taliban characteristic is extremism in religious thought, but military equipment still does not include mind-reading machines. Among the latest schemes is to work with "refom'lable" Taliban while targeting the others. But it is still unclear what method or mechanism can distinguish between ?good? and ?bad? Taliban. especially when they share an abhorrent ideology. All this highlights the dif?culties of waging war or occupying foreign land sensibly, and the unlikely prospect of changing course by avoiding attacks on civilian homes. Saying that the occupation forces are already doing it amounts to a political declaration rather than a statement of fact. These issues have become most pertinent for Afghans in recent days as US?led Nate and Afghan forces wage the toughest battle against insurgents since the 2001 invasion of the country. This time the assault is for largely Pashtun, Taliban?controlled Marjah in Helmand province, with local politics complicated by the traditional mandates of tribal leaders. As a sign of the precarioUSness of the situation, the Afghan Interior Minister visited the province on Thursday to speak personally to the tribal leaders. His main purpose was to persuade them to accept and support the US military action against Taliban insurgents. The reply he received cannot be unexpected: support would depend on how the forces conducted operations and the consequences for the local people. if previous Operations are any guide, the locals can expect to be disappointed, or worse. That night, 20 people gathered in a house in Paktia province to celebrate the birth of a son. A family member said the house was suddenly surrounded by US Special forces troops. When one man in the party, a local policeman, went outside to investigate, he was shot. A witness said another man. a government employee, followed, and he too was killed; three women were also killed. The occupation forces issued a statement to say that they had stumbled on the ?ve dead bodies in the house, their hands bound. A few hours later they issued another statement saying they had discovered four bodies, with no explanation for the discrepancy. Witnesses from the party told the Associated Press that the victims were executed after being ordered from the house, forced to kneel and had their hands tied. This incident added to a list of civilian deaths that include bombings of border villages by US drone aircraft. If confusiOn between civilians and militants is a problem for locals, so is confusion between army troops and mercenaries among the occupation forces. The Pentagon of former Defence Secretary 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 505
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Donald Rumsfeld assigned insuf?cient troops to Iraq, and so came to rely on ?private security contractors" to do the job. The main differences between these mercenaries and regular troops were that the mercenaries were paid many times more by the US taxpayer, and were above both Iraqi and US law. The inevitable result was that Iraqis watched as the mercenaries implicated in civilian deaths got away with murder. That enraged so many Iraqis that Baghdad gave about 250 of the mercenaries who worked for Blackwater International until today to leave the country. Meanwhile, Washington's practice of hiring mercenaries in place of assigning US troops continues in Afghanistan, and possibly Pakistan, in a new version of the "domino theory?. Even US Republican leaders are now congratulating Obama for being more aggressive than Bush abroad. It makes for the best lessons yet in losing hearts and minds. The more things change . . . BEHIND THE HEADLINES WITH BUNN NAGARA The ?ght against Taliban insurgents intensifies in Afghanistan, with no solutions yet from Iraq to Pakistan. FOR US President Barack Obama, ?ghting Saddam Hussein's lraq was the "wrong war" but attacking a Taliban-mled Afghanistan that had been hosting aI-anda was the "right war". The ?rst was a ?war of choice". being both unnecessary and diversionary, while the second was a ?ver of necessity? in ?ghting terrorism. Whether as presidential candidate or president. Obama is no paci?st. differing with his predecessor George W. Bush only in his sense of political geography. lvluch US military action has thus moved from a post-Saddam Iraq to an Afghanistan beset with a Taliban insurgency, with how a war is de?ned relating to perceived US national interests. However, other people with similar security interests may well have very different perceptions. The most basic and immediate security interest is the safety of self and family, followed by that of the neighbourhood. community and nation. Increasing numbers of Afghans are daily being made aware of it. in being compelled to live through or die from it. And yet even at the high cost of local Afghan lives continually at stake, some essential issues remain very unsettled. An all-too?common result is that people continue to be killed in their own homes. while both sides argue over the identities and actions of the deceased. AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 50?
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The US-led occupation forces in Afghanistan are now supposed to be more friendly to the residents. when several previous troop encounters with locals ended in the latter?s murder. Typically, the occupying forces see a dead militant where bereaved families see an unjustly murdered relative or neighbour. But What visible difference is there between a civilian and a militant? That difference is required to distinguish between life and death, or war and peace, yet in the course of combat no discernible difference may be apparent. Militants wear no uniforms or insignia, practise no coded handshakes and carry no membership cards or other identifying documents. They are indistinguishable from local residents at point-blank range, notably to foreigners who have just parachuted in, and certainly to distant foreigners viewing neighbourhoods from grainy satellite pictures. Of course. militants may carry ?rearms, but so do locals for seif~defence in a tough neighbourhood as in the US. A Taliban insurgent is also Pashtun in ethnicity, but in areas populated mostly by Pashtuns that is another factor for confusion rather than clari?cation. Another Taliban characteristic is extremism in religious thought, but military equipment still does not include mind-reading machines. Among the latest schemes is to work with ?reformable? Taliban while targeting the others. But it is still unclear what method or mechanism can distinguish between "good" and ?bad? Taliban, especially when they share an abhorrent ideology. All this highlights the dif?culties of waging war or occupying foreign land sensibly, and the unlikely prospect of changing course by avoiding attacks on civilian homes. Saying that the occupation forces are already doing it amounts to a political declaration rather than a statement of fact. These issues have become most pertinent for Afghans in recent days as US-led Nate and Afghan forces wage the toughest battle against insurgents since the 2001 invasion of the country. This time the assault is for largely Pashtun, Taliban-controlled Marjah in Helmand province, with local politics complicated by the traditional mandates of tribal leaders. As a sign of the precariousness of the situation, the Afghan interior Minister visited the province on Thursday to speak personally to the tribal leaders. His main purpose was to persuade them to accept and support the US military action against Taliban insurgents. The reply he received cannot be unexpected: support would depend on how the forces conducted operations and the consequences forthe local people. If previous operations are any guide, the locals can expect to be disappointed, or worse. That night, 20 people gathered in a house in Paktia province to celebrate the birth of a son. A family member said the house was suddenly surrounded by US special forces troops. AF: 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 508
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When one man in the party, a local policeman. went outside to investigate, he was shot. A witness said another man, a government employee. followed, and he too was killed; three women were also killed. The occupation forces issued a statement to say that they had stumbled on the ?ve dead bodies in the house, their hands bound. A few hours later they issued another statement saying they had discovered four bodies, with no explanation for the discrepancy. Witnesses from the party told the Associated Press that the victims were executed after being ordered from the house, forced to kneel and had their hands tied. This incident added to a list of civilian deaths that include bombings of border villages by US drone aircraft. If confusion between civilians and militants is a problem for locals, so is confusion between army troops and mercenaries among the occupation forces. The Pentagon of former Defence Secretary Donald Rumsfeld assigned insuf?cient troops to Iraq, and so came to rely on "private security contractors" to do the job. The main differences between these mercenaries and regular troops were that the mercenaries were paid many times more by the US taxpayer, and were above both Iraqi and US law. The inevitable result was that Iraqis watched as the mercenaries implicated in civilian deaths got away with murder. That enraged so many Iraqis that Baghdad gave about 250 of the mercenaries who worked for Blackwater International until today to leave the country. Meanwhile, Washington?s practice of hiring mercenaries in place of assigning US troops continues in Afghanistan, and possibly Pakistan. in a new version of the "domino theory?. Even US Republican leaders are now congratulating Obama for being more aggressive than Bush abroad. It makes for the best lessons yet in losing hearts and minds. warnewstoday.blogspot.com War News for Friday, February 12, 2010 Afghanistan: 'The Forgotten War" Taliban forces claimed responsibility Friday for an attack by a suicide bomber on a US. military base near the Pakistani border that injured five Americans. The attack occurred after sundown in a barracks at a US. facility in the Band aw Patan district in Paktia province, about 35 miles {70 kilometers} east of the provincial capital Gardez, according to provincial government spokesman Routlah Samoun. A US. statement said "several" U.S. service members were injured in an explosion at a joint U.S.-Afghan outpost in Paktia but gave no further details- The attack occurred about 400 miles (640 kilometers) northeast of the Taliban town of Marjah in southern Afghanistan which is under siege by US. and Afghan troops. A joint Afghan-NATO force killed several insurgents during a raid on a compound where AFI 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 50$;l
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troops discovered the bodies of two men and two bound and gagged women, NATO said Friday. Family members accused U.S. soldiers of killing innocent civilians. Afghan officials in Paktia province confirmed Friday they are investigating the deaths of five people in a home near the provincial capital of Gardez. Police Chief Gen. Azizudin Wardak said the five two men and three women were killed Thursday night during a party. One of the men worked for the police, while the second man worked for the attorney general's office, he said. "Who killed them? We still don't know," he said, adding the investigation is under way. A man who identified himself as Hamidullah said he had been in the home as some 20 people gathered to celebrate the birth of a son when a group of men he described as special forces" surrounded the compound. When one man came out into the courtyard to ask why, Hamidullah said he watched U.S. forces gun him down. "Daoud was coming out of the house to ask what was going on. And then they shot him," he said. Then they killed a second man, Hamidullah said. The rest of the group were forced out into the yard, made to kneel and had their hands bound behind their back, he said, breaking off crying without giving any further details. A deputy provincial council member in Gardez, Shahyesta Jan Ahadi, said news of the operation has inflamed the local community that believes the Americans were responsible for the deaths. "Last night, the Americans conducted an operation in a house and killed five innocent people, including three women. The people are so angry," he said. patdollard.com GTFO: Afghani Civilian Exodus On Eve 0f Massive US Advance February 12th, 2010 Posted By Erik Wong- NEAR MARJAH, Afghanistan (AP) - Cars and trucks jammed the main road out of a besieged Taliban-held town on Friday as hundreds of civilians de?ed militant orders and ?ed the area ahead of an anticipated U.S.-Afghan assault. Tribal elders pleaded for NATO to ?nish the operation quickly and spare civilians?an appeal that offers some hope the town5people will cooperate with Afghan and international forces once the Taliban are gone. Thousands of US. and Afghan troops have ringed the town of Marjah in Helmand province, poised to enter the farming community, drive off the Taliban and restore government control Over a major i?SUTg?m supply base and Opium-poppy center 380 miles (610 kilometers) southwest of Kabul. Once the town is secured, NATO hepes to rush in aid and restore public services in a bid to win support among the estimated 125,000 people who live in Maijah and surrounding villages. Although the Marjah operation began weeks ago with the movement of troops, U.S. commanders have not revealed when the main attack will take place. They have signaled their intention to attack Marjah for weeks in hopes that civilians would seek shelter. AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 510
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The operation, which is under NATO auspices, is the first major offensive since President Barack Obama announced last December that he was sending 30,000 reinforcements to Afghanistan, and will serve as a signi?cant test of the new US. strategy for turning back the Taliban. Residents told The Associated Press by telephone this week that Taliban ?ghters were preventing them from leaving, warning the roads were planted with land mines to slow the NATO advance. Nevertheless, the road between Marjah and the provincial capital of Lashkar Gah, 20 miles (30 kilometers) to the northeast, was jammed Friday with hundreds of cars and trucks filled with people ?eeing ahead of the assault. Many said they had to leave quickly and secretly to avoid recrimination from Taliban commanders. Some said they slipped out of town when Taliban commanders weren?t watching. ?We were not allowed to come here. We haven?t brought any of our belongings; we just tried to get ourselves out,? said Bibi Gul, an elderly woman in a black headscarf who arrived in nearby Lashkar Gah with three of her sons. She left three more sons behind in Marjah. Police searched the vehicles for any signs of militants, in one case prodding bales of cotton with a metal rod in search of hidden weapons. ?They don?t allow families to leave,? Marjah resident Qari Mohammad Nabi said of the Taliban. ?The families can only leave the village when they are not seen leaving.? Provincial spokesman Daoud Ahmadi said about 450 families?an estimated 2,700 people?had already sought refuge in Lashkar Gah. Most moved in with relatives but more than 100 were being sheltered by the government, he said. Ahmadi said the local government was prepared to shelter 7,000 families in nearby towns, providing them with food, blankets and dishes. In advance of the attack, Afghan officials urged community leaders in Marjah to use their in?uence to persuade the Taliban to lay down their weapons and avoid a bloodbath. In return, the of?cials promised to improve the lives of the people there. During a meeting Thursday, Helmand?s governor, Gulab Mangal, urged tribal elders from the town to ?use any avenue you have, direct or indirect, to tell the Taliban who don?t want to f1 ght, that they can join with us,? according to the chief of Helmand?s provincial council, Mohammad Anwar Khan. For their part, the elders begged for limited use of airstrikes because of the risk of civilian deaths, Khan said Friday. AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 511
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Another of the elders at the meeting, Mohammad Karim Khan, said he wOuld not dare to approach the Taliban and tell them to give up their guns to the government. ?We can?t talk to the Taliban. We are farmers and poor people and we are not involved in these things like the politicians are,? said Khan, who is not related to the provincial council chief. Instead, a group of 34 elders sent a letter Friday to the provincial government urging NATO forces to finish the Operation in Marjah quickly and to avoid harming civilians. Abdul Hai Agha, an elder from Marjah, said local people were frightened and feared they would not be cared for after the Taliban are gone. ?We said in this letter that if you are doing this Operation in Marjah, do it quickly,? Agha told the AP by phone from the town. The fact that the elders did not demand US. and Afghan troops call off the operation offered a glimmer of hope the townspeople will cooperate with the pro-government forces?if the Afghan leadership is able to fulfill its promises of a better life without the Taliban. US. officials have long complained that Afghan government corruption and inef?ciency have alienated millions of Afghans and paved the way fer the revival of the militant group after it was driven from power in the 2001 U.S.-led invasion. One of the main drafters of the letter to government officials said he and others had been reaching out to local Taliban commanders. ?We have talked to some of the Taliban over the phone and we have told them: ?This is your county. Don?t create problems for your fellow Afghans and don?t go on a suicide mission,m said Abdul Rehman Jan, an elder who lives in Lashkar Gah. However, Jan said most of the Afghan Taliban have already ?ed the area. Militant commanders from the Middle East or Pakistan have stayed on ?and they want to fight,? he said. US. intelligence of?cers estimate there are possibly up to 150 foreign ?ghters among the 400 to 1,000 Taliban militants in Maljah. Elsewhere, villagers in the eastern province of Paktia accused ajoint Afghan-NATO force of killing civilians during an overnight raid. NATO said it killed several insurgents on the compound and troops discovered the bodies of two men and two bound and gagged women inside the compound when they searched it. Afghan of?cials in Paktia province con?rmed Friday they are investigating the deaths of ?ve people in a home near the provincial capital of Gardez. Police Chief Gen. Azizudin Wardak said the ?ve?two men and three womena-were killed Thursday night during a party. One of the men worked for the police, while the second man worked for the attorney general?s of?ce, he said. 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 512
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?Who killed them? We still don?t know,? he said. Also Friday, the Taliban claimed reaponsibility for a suicide bombing on a US. military base a day earlier in Paktia near the Pakistani border that w0unded ?ve Americans. The Paktia base is 400 miles (640 kilometers) northeast of Marjah. E-TAES DEPARTMENT OF DEFENSE Wallf?'?llr'l??ld? Ij?v Afghan, International Force Kills Enemy Fighters American Forces Press Service WASHINGTON, Feb. 12, 2010? An Afghan-international joint security force killed more than 20 enemy militants and captured more than ?ve others during an operation today in Afghanista n?s Farah province in pursuit of a Taliban commander believed to responsible for organizing suiCide-bbmbing attacks. The combined force targeted a series of compounds in Fara h's Baghwa district near Tali Zardad after inteiligence information indicated militant activity. As the combined force approached one of the buildings in the targeted compound, a militant hiding inside tossed a grenade at them. After calling for the militant to surrender, the combined force attempted to enter the building, and the militant detenated a suicide vest he was wearing. No members of the combined force were harmed by the blast. After the explosion, a large number of armed militants attempted to maneuver on the combined force. The combined force engaged the militants, killing more than 20 and wounding one. At least ?ve other militants were captured and were detained along with the injured individual, who received medical treatment for his injuries. In addition to the suicide vest and grenade used by the first militant, the combined force found a rocket- propelled grenade launcher, HPG rounds, grenades, a machine gun, multiple assault rifles and ammunition magazines, bomb components, handheld radios of a type often used by militants for communications and a heavy machine gun. In the Mohammad Agha district of Logar province last night, a combined force searched a compound after intelligence indicated militant activity and captured a Taliban subcommander with ties to several militant networks believed to be responsible for bombing attacks. Yesterday, a combined patrol discovered four mortar rounds and a 55 mm shell in one area and three 155 mm Russian-era artillery rounds in another area of Kandahar City. No Afghan civilians were harmed during these operations, officials said. AFI 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 513
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Meanwhile, Afghanista n?s Interior Ministry and International Security Assistance Force are conducting a joint investigation into the suspicious death of four Afghan civilians found in eastern Afghanistan?s Paktia province. A combined force of Afghan and international troops last night found the bound and gagged bodies of two women and the bodies of two men during an operation in the province?s Gardez district. The force went to a compound near the village of Khatabeh after intelligence confirmed militant activity there. Several insurgents engaged the force in a ?refight and were killed. Subsequently, a large number of men, women and children left the compound, and were detained by the force. Members of the combined force found the bodies inside. The force immediately secured the area and requested medical support for a combined forensic investigation. Eight men were detained for further questioning. continually works with our Afghan partners to ?ght criminals and terrorists who do not care about the life of civilians,? ISAF spokesman Canadian army Brig. Gen. Eric Tremblay said. "The Interior Ministry of Afghanistan has sent a high-ranking delegation today to jointly investigate this incident. We will cooperate fully in this joint investigation and provide any assistance the Interior Ministry requires.? (Compiled from International Security Assistance Force Joint Command news releases.) Dallas Morning News UPDATE: WAR REPORT CST on Friday, February 12, 2010 The Associated Press BOMBERS KILL 32: Two suicide bombers struck outside a police complex Thursday in northwestern Pakistan, killing 15 peeple in the latest strike against security forces. Of the 15 dead in the town of Bannu, at least nine were police. On Wednesday, a suicide bomber killed 10 police of?cers and seven civilians in the Khyber tribal region near the Afghan border. The suicide bombings follow reports that the Pakistani Taliban's top commander, Hakimullah Mehsud, died from wonnds sustained in a U.S. missile strike in mid-January. AVALANCHE TOLL AT 171: Resoue teams continued digging through mounds of snow Thursday searching for avalanche victims as the death toll rose to 171. About 3,000 people had been rescued from the snowbound Salang Pass, a major route from the capital to northern Afghanistan. It was not known how many people might still be buried. FIVE AMERICANS WOUNDED: A suicide attacker wearing a border police uniform blew himself up at a U.S. base in l?aktia province, near the Pakistan border, wounding ?ve Americans, of?cials said. 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 514
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The Associated Press CNN.com Bodies found gagged, bound after Afghan February 12, 2010 Updated 1324 GMT (0224 Kabul, Afghanistan (CNN) Four people found dead in a southeastern Afghan compound appear to be victims of an honor kiliing, a senior US. military official said on Friday. The bodies were disc0vered during an operation by Afghan and forces in Paktia province. a volatile region along the border of Pakistan. NATO's International Security Assistance Force said the bodies of hue men and two women were found, with the women bound and gagged, and the U.S. of?cial said the people were shot "execution-style." An honor killing is a murder carried out by a family or community member against someone thought to have brought dishonor onto them. The US. of?cial said it isn't clear whether the dishonor in this case stemmed from accusations of acts such as adultery or even cooperating with NATO forces. "it has the earmarks of a traditional honor killing," said the of?cial, who added the Taliban could be responsible. Afghan and NATO of?cials are investigating the incident, which occorred in the village of Khatabeh in the province's Gardez district. The operation unfolded when Afghan and international forces went to the compound, which was thought to be a site of militant activity. A ?re?ght ensued and several insurgents died, several people left the compound, and eight others were detained. Paktia is the same province where a military base was the target of an assault that wounded ?ve us. soldiers on Thursclay. authorities said. Both the U.S. official and a Paktia province spokesman con?rmed that a suicide attacker, apparently wearing police garb. carried out the action. The US. of?cial said it may never be fully determined if the uniform was stolen or the bomber was a turncoat. On December 30. a suicide attack on a U.S. base in Afghanistan killed seven CIA of?cers and a Jordanian army captain. The Pakistani Taliban claimed responsibility for the attack, also on a base in eastern Afghanistan. Meanwhile, more than 20 "enemy militants" were killed Friday by Afghan and international forces in the country?s western region, NATO's International Security Assistance Force said. The deaths occurred during an operation in Farah province targeting a Taliban commander thought to be reaponsible for planning suicide attacks, the military said. When a militant threw a grenade at troops approaching a building, the forces called for his surrender, it said. The troops tried to enter the building when the militant detonated a suicide vest. AF: 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 515
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After that blast, a large number of armed militants tried to confront troops, who killed the insurgents, the military said. One alleged militant was injured and ?ve were detained, it said. Troops found weaponry, such as grenades. ?rearms and handheld radios. Farah borders Helmand province. where international and Afghan troops are gearing up for a major assault on the Taliban. AP Associated eras Taliban claim responsibility in US base attack By AMIR SHAH (AP) 1 day ago KABUL Taliban forces claimed responsibility Friday for an attack by a suicide bomber on a U.S. military base near the Pakistani border that injured five Americans. Taliban spokesman Zabiullah Mujahid said the attack Thursday night in eastern Afghanistan was conducted by an insurgent wearing the uniform of a border policeman. "Last night, a Talib by the name of Mohammad Omar wore a harder police uniform, entered the base and blew himself up," he told The Associated Press by phone. The attack occurred after sundown in a barracks at a U.S- facility in the Dand aw Patan district in Paktia province, about 35 miles (7'0 kilometers) east of the provincial capital Gardez, according to provincial government Spokesman Roullah Samoun. Abdul Satar, an adviser to the Paktia Provincial Reconstruction Team, said a U.S. delegation from Bagrarn had been sent to gate the incident Friday. A US. statement said "several" US. service members were injured in an explosiOn at ajoint U.S.-Afghan outpost in Paktia but gave no further details. The attack occurred about 400 miles (640 kilometers) northeast of the Taliban town of Marjah in southern Afghanistan which is under siege by US. and Afghan troops. On Dec. 30 a Jordanian believed to be a double agent blew himself up at a CIA base in another easteIn border province, Khost, killing seven agency employees and a Jordanian intelligence of?cer. Cepyright 2010 The Associated Press. All rights reserved. 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 51B
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Taliban Claims Responsibility for Bombing Taliban forces claimed responsibility Friday for a suicide bombing that wounded several US. soldiers. The incident took place Thursday at a joint U.S.~Afghan military base in the eastern Paktia province, near the Pakistani border. A spokesman for the provincial governor, Roullah Samoun, said ?ve soldiers were wounded in the attack. U.S. military officials con?rmed several US. service members were injured in a blast at a base in the east. but provided no other details. Meanwhile, Afghan and coalition forces say they are investigating an incident in the Gardez district of Paktia province. The forces released a statement Friday saying Afghan and international security force members found the "bound and gagged" bodies of two women. along with two dead men, in a compound in the district. The statement says the bodies were found dunng a security force operation. late Thursday, that resulted in the deaths of several suspected militants and the detention of eight men. An earlier statement said joint forces found the bodies of three "bound and gagged women" hidden in a room in the compound. US. and Afghan forces are moving cioser to the Taliban stronghold of Marjah in southern Heimand province in preparation for a major offensive. Commanders hope to regain control of the town a major opium traf?cking hub for the Taliban - and estimate they could face anywhere from a few hundred up to 1,000 Taliban ?ghters. ?it-?ne ??tk Ewes Afghanistan: Different Accounts Offered About Civilian Deaths AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 51?
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Several civilians were killed in Paktia Province on Friday when a joint Afghan?NATO force went to investigate a report of militant activity, but NATO and the Afghan police gave varying accounts of what happened. A NATO statement said the joint force went to a compound in the village of Khatabeh, in the Gardez district, where insurgents opened ?re on them from a residential compound. Several insurgents were killed and a large number of men, women and children ?ed and were detained by the NAT 0 force. Inside the compound, soldiers ?found the bodies of three women who had been tied up, gagged and killed,? the NATO statement said. The Paktia Province police chief, Aziz Ahmad Wardak, con?rmed the episode but said the dead in the house were two men and three women, who he said were killed by Taliban militants. He said the killings took place while the residents were celebrating the birth of a baby. 76113 35cm Bork Eban 5 US. Soldiers Injured in Afghan Suicide Attack Published: February 12, 2010 KABUL, Afghanistan A Suicide bomber wearing the uniform of an Afghan border police-of?cer, who wounded ?ve American soldiers on Thursday, was in fact a border police officer working for the Taliban, a Taliban spokesman said Friday. The Taliban spokesman, Zabihullah Mujahid, was contacted by telephone. The attack took place at a joint Afghan?United States military base in the Pathan District of Paktia Province, according to Rahoullah Samoun, the spokesman for the governor of Paktia in eastern Afghanistan. A statement from the International Security Assistanoc. -Force, the American-led NATO force in Afghanistan, said that several Anierican soldiers had been wounded but that there were no fatalities. AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 518
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On Dec. 30, in another eastern Afghan province, Khost, a Jordanian double agent attacked a OLA. base, killing seven Americans and a Jordanian. The Taliban claimed responsibility for that attack, too. Elsewhere in Paktia Promnce, coalition of?cials and the Afghan police gave varying accounts of an episode in the Gardez District in which civilians were killed. A statement from the coalition said Afghan and NATO forces had gone to a compound in the village of Khatabeh, where insurgents opened ?re on them. Several insurgents were killed and a large number of men, women and children ?ed and were detained, the coalition said. Inside the compound, the coalition said, soldiers ?found the bodies of three women who had been tied up, gagged and killed.? The Paktia provincial police chief, Aziz Ahmad Wardak, said the bodies of two men had also been found in the house. The three women had been killed by Taliban militants, he said. Maj. Matthew Gregory, 3 United States Army spokesman, said Friday that the two men inside the house were killed by coalition forces after they Opened ?re on a joint patrol. we Villagers accuse US Special Forces for killing five civilians Police chief General Azizudin Wardak con?rmed that the ?ve - two men and three women - were killed An Afghan provincial of?cial and villagers has accused US Special forces on Friday of killing ?ve civilians in a raid on a home near Gardez in Paktia province. AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 51S;l
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'1 . Blood is seen near the footwear and a hairband inside a room where ?ve members of an Afghan family were killed near Ga rdez, in Paktia province, south east Afghanistan, Friday, Feb. 12, 2010. (Photo: Gardez provincial council member Shahyesta Jan Ahadi said: "On Thursday night, the Americans conducted an operation in a house and killed ?ve innocent people, including three women. The people are so angry." A man who identi?ed himself as Hamidullah said that he had been in the home as some 20 people gathered to celebrate the birth of a son when a group of men he described as US special forces" surrounded the compound. Saying he witnessed one man's death, Hamidullah said: "Daoud was coming out of the house to ask what was going on and then they shot him." They then killed a Second man, according to Hamidullah, who went on to say that the rest of the group were forced out into the yard, made to kneel and had their hands bound behind their back. He broke off in tears, without giving any further details. Police chief General Azizudin Wardak confirmed that the ?ve - two men and three women - were killed on Thursclay night during a party, but he said that he did not know the full details. "Who killed them? We still don?t know," he said. He added that an investigation was under way. In a statement, Nate said that its forces had killed "several insurgents" in Gardez district after the Western military alliance received reports of militant activity at a compound near the village of Khatabeh. AFI 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 1D 52!]
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From: an (NHL ibiisi Subject: ISAF-MOI condemns disoovery in Paktlya (UNCLASSIFIED) Date: Eridav, February 32, 231.0 03:20:49 Attachments: 20100212-MUE-3400-CA- MOI - ISAF condemns discovery i'n Paktivabdf Classi?cation: UNCLASSIFIED Caveats #669- 2010-09-CA-02-004 Afghan-Intemational Security Force are Conducting a Joint Investigation into Incident in Paktiya KABUL, Afghanistan (Feb. 12) - The Interior Ministry and the International Security Assistance Force (ISAF) are conducting a joint investigation in the incident in Paktiya province in the Gardez district near the village of Khatabeh today. A joint Afghan-intemational security force found the bound and gagged bodies of two women and dead bodies of two men in a compound during an operation last night. continually works with our Afghan partners to ?ght criminals and terrorists who do not care about the life of civilians. The Interior Ministry of Afghanistan has sent a high ranking delegation today to jointly investigate this incident. We will cooperate fully in this joint investigation and provide any assistance the Interior Ministry requires," said Brig. Gen. Eric Tremblay, ISAF Spokesperson. The joint force went to a compound, after intelligence con?rmed militant activity. Several insurgents engaged the joint force in a ?re fight and were killed. Subsequently, a large number of men, women, and children exited the compound. Eight men were detained far further questioning. Afghan and international securiby forces wark together to eliminate the insurgene and terrorist threats and to ensure the safety and well-being of the Afghan people. ends - Classification: UNCLASSIFIED CaveaterQU-Q- AF: 15-6 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 521
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From: To: lbliil1.4a. (him. lbll?i Subject: Latest and Bream Ladies and Gentlemen, We {mvselfJ {bii3i. (bills) Ijust spoke with Deputy Governor Ma ngal and were told the following: 1. The 06, NDS Deputy and ANP Deputy are at the site of the incident CF are no longer with them. 2. There will be NO PRESS CONFERENCE tonight. DG Mangal was ordered by the MOI to not conduct any media events until after the investigation. 3. The investigation is expected to be complete tomorrow. 4. The DG did speak with the media earlier today and passiad along information in line with our talking points: the basic known facts, and that this is a joint operation/investigation. It is unclear whether this information was passed on before or after deputv provincial council memberl (one) Imade his accusatory and erroneous remarks. 5. (one is not in he?s in Jalalabad, where he gave his remarks to a local AP stringer. So, the press conference will happen no earlier than tomorrow. They will keep us informed of time/place and we?ll send one of our RIAB DJsto cover the event. Please let me know if you have em; questions! VF: lbll3l. {bill-?3) AF: 15-6 Investigation of Gardez District Pektya Province Operation, 12 Feb 10 522
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From: ibii3i. (bits) To: Subject: NIPR docs Date: Friday, February 19, 201:! 15:53:04 Attachments: 1 i . Siege; ingigtgn: news giigsoocx Tw am 1 1.43 mg E3355 gm: Joint roe ogerat'mg Mtge; mates gagegorne giggve? FW Leanne; Inv?lgatlon into Eagtixa incident {LiNng?gIFIEDimeg Here you go, sir. Lots of entertaining reading to out you to sleep tonight. (bits). ibii?i From: (bio). [bjisi Sent: Fridav. Februanr 19. 2010 ?:44 PM To: Cc: (bii3i. ibiiBi Subject: RE: RE: 10 Question and Update CLASSIFICATION: SEQ-REP CAVEATS: NONE TERMS: NONE Sir, I?m pretty sure that?s what happened. The really bad part is (biisii (We) at Salerno received them as we? and didn?t forward them. That telis me no one bothered to check the CC: line for accuracy. One thing that kind of surprised me was the Khowst foiks didn?t ping us to Eat us know they?d gotten them. Hit'miir did the picture and awards ceremonyr go? Did that,' cite him). who). (bit) Ibii1I1-4?i IDIISI. IDIIEJ AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 523
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11-43. @1131. ?31(5) I ibiiSJ. (bits) Sent: Fridav. Februarv 19. 2010 14:58 To: Cc: ibii1l1l4a. (him in53 Subject: RE: IO Question and Update UNCLASSIFIED I for 60 days bii3i. (bit) This is the first i?ve ever seen these products. Did the originator mess on who they were intendingto send them to? UNCLASSIFIED for 60 days The above- ciassj?ca?on Jaber uere added to the mes-sage by Titus Labs Message Classr?catign, For mm information vilit Fram=l ibii1i1.4a. (bier (bits) I Sant: Frldav. Februarv 19. 2010 4:38 PM To: Cc: (in3}. ibii?l Subject: IO Question and Update CAVEATS: NONE TERMS: NONE Sir, I?m asafeiy. I?m also working off the Investigating Officer?s e-mail aceou nt (their network is different]. Looks like I?1i be reaming on 21 Feb, not tomorrow. 43. (b1i3J. (in5}. (WE) WR ibii1i1-431ib11311ib3i5) AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 524
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(Gardezl IO actions: >Attempted press conference to highlight the joint aspect of the Afghan/ISAF Operation and investigation refute erroneous news claims (nixed by Moi) >No further messaging allowed through ISAF channels >Localized KLEs by ISAF representative; very little coordination/SA with TM Paktya >Swift detainee release was well received (but no messaging allowed) Lessons Learned: Presenting a united front is critical IOT not drive a wedge between partnered elements >Afghans will draw their own conclusions in the absence of of forthcoming information, leading to inaccurate reporting >Time is critical in pushing out an initial statement? don't need all details, just initial facts to quell media/civilian anger and get out factual information (stress partnership, was informed, joint investigation, etc) >Need access to lessons learned from other CIVCAS incidents >Need standardized 60-minute battle drill t/o .IOC which emphasizes the importance/timeliness of IO efforts leadership and BDE leadership need to guidance >Need to enforce info sharing/cooperative working relationship with third parties operating in battlespace; create IO plan prior to operations >Received a post-operation IO and mitigation plan six days later IO needs situational awareness of the ID actions taken by investigating officers, visiting media, etc > nclude requirements in the 60-minute battle drill for Updates every hour, hour, etc BLUF: We lost the ID battle in our silence, and continue to fall further behind as we remain silent AH 15-5 Investigation of Gardez District Paktya Province Operation, 12 Feb 10 525
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Interview with the detainees who are released today 1- How have you been treated at the detention center? 2- Question was froml (bii?i I He said that I was treated very well by American troops at the detention facility. 3- Second question was from He also con?rmed the he has been treaty very good by American soldiers at the detention facility and he added that i felt like home not like prisoner. Actually he was said that he was agreed and got happy at the prisoner. 4- Third question was from. He said that was treated very well by American soldiers and added that i had no problem when we were in custody. 5? Forth question was froml (bus) I He has also confessed that he was mannered like others at the detention center since they were detained from Sharabudin house in Gardez. 6- Fifth question was from He has said that I was treated and behaved very well at the detention center since he was detained by US-Special Forces. 7- Sixth question was fro He also like others confirmed that he was treated very well by American soldiers and he says that we had not problems in the detention center since; they have been in detention center. On the other hand, also claimed that he was tortured by Special Forces at the ?rst time when he was captured by American troops frOm the house in Gardez. 3? Seventh question was from He also said that he had no problem at the detention facility and added that he was treated very well by American troops. also claimed that he was tortured at the first time when he was captured by American troops. 9- Eighth question was from ibii?i He said during our custody at the detention center, we had not any problems and spent several nights at the detention center without any problems and without any torment or torturing. also claimed that he was tortured at the first time when he was captured from the house in Gardez city few days ago. Note: At the meantime] {bits} Ialso claimed that their cell phones, one driving license, around 10,000 Pakistani Rupees has been lost; one of them claimed that $30, 00 is still missing. AFI 15-5 investigation of Gardez District Paktya Province Operation. 12 Feb 10 525
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FOR IMMEDIATE RELEASE PR 2010-02?023 February 12, 2010 Afghan-Combined Force Find Three Women Dead, Two Militants in Paktya Kabul, Afghanistan An Afghan-international combined force found the bodies of three local women after killing two militants during an assault in Paktya last night. The women appeared to have been dead for some time. A combined Afghan-coalition force went to a compound near the village of Khatabeh, in the Gardez district after intelligence con?rmed militant activity. As the assault force approached they were met with an imminent threat from the armed militants. The combined force engaged. killing two militants and wounding two others. None of the joint force was harmed in the assault. During the subsequent search of the compound the security force found the bodies of three local women. There will be an investigation to determine the cause of death. The joint force also found multiple weapons, including automatic rifles and a grenade. The Taliban continue to kill innocent Afghan citizens through their indiscriminate attacks in marketplaces, schools and on public roads. Afghan and coalition forces partner to protect the Afghan people and to defeat all hostile Taliban organizations. -30- AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 52?
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KEY THEMES AND MESSAGES (NOT FOR RELEASE FOR RESPONSE TO QUERY Coalition Forces are actively combating militant IED operations Eliminating militant IED operations are a key focus for Coalition Forces. The highly indiscriminate nature of IED and suicide IED operations makes them a threat not only to Afghanistan?s security forces and their Coalition partners, but also to innocent Afghan civilians. Afghan National Security Forces and their Coalition partners will continue to aggressively pursue those who would use these weapons to bring harm to civilians. attempt to destabilize the govemment and impede the overall development of the Islamic Republic of Afghanistan. ANSF, Coalition Partnership vital to securing peace, stability in Afghanistan Afghan National Security Forces and their Coalition Forces partners have made great strides in combating the enemies of the Islamic Republic of Afghanistan. That continued partnership is a key element to defeating those who would threaten innocent Afghans and their way of life. Together. ANSF and their Coalition partners are striving to ensure a secure. stable and prosperous future for the people of Afghanistan. Cultural, Religious sensitivities Coalition Forces remain keenly aware of all cultural and religious sensitivities of our host country. To the fullest extent possible. all religions. religious symbols. edi?ces and practitioners are treated with the appropriate respect. Protection of non-combatant civilians during operations Coalition Forces take every precaution to ensure non-combatant civilians are protected from possible hostilities during the course of every operation. An example of these precautionary measures includes but is not limited to temporarily relocating non- combatant civilians away from probable hostilities. Coalition Forces also ensure any weapons or explosives found during operations are removed or destroyed to ensure nonicombatant civilians are not inadvertently harmed. Destruction of weapons caches Non-combatant civilian safety and security are at the forefront of every Coalition Forces' operation. With this in mind. Coalition Forces destroy weapons and explosives caches to prevent accidental harm to non-combatant civilians who may discover the items. Additionally. destruction of the weapons and explosives ensures militants are denied the use of the items to bring harm to innocent Afghan people or Afghan National Security and Coalition Forces. AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 528
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QUESTIONS AND ANSWERS (NOT FOR RELEASE FOR RESPONSE TO QUERY ONLY) Q: Was anyone injured or killed? A: There were two militants killed and one wounded. Q: What are the names of the detainees? A: Militants often go by several different aliases so it can be dif?cult to determine their identities until we thoroughly question and individually process them for detention. Q: Did this operation involve any airstrikes? A: No. Coalition forces did not use any close air support. 0: Were any women or children present? A: There were one women and two children protected. Q: Where were the participating units from? A: To protect possible future operations, we will not discuss the staging location or composition of forces. 0: How many personnel participated in the operation? A: in the interest of preserving operational security, we do not discuss the speci?c details of forces in use during a mission. What kind of damage was done to the compound? A: There was minor damage to the compound. Q: How and when were the three women killed? A: The women were found when the force entered . It appeared they had been dead for some time. There will have to be an investigation to determine cause and approximate date of death. AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 529
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From: To: (IONS) Cc: Subject RE: GUCAS Crisis mitigation Date: Wedne?y. February 2010 111135? Attachments: I {busCLASSIFICATION: CAVEATS: NONE TERMS: NONE I oils). ibil?i I Attached is Post Op Mitigation productost Objective, .11 - 12 FEB 2010, Gardez District of Poirtyo Province) email. Pieose keep in mind that these taiking points and sivii affairs recommendations are provided for discussion with a?iciais and non-media key communicators. They are not intended for media engagements or discussions with U5. audiences. Seek guidance from PAD personnei prior to any discussions with media representatives. Hopefully, you should have already received these. {either directly or via? if not, I?ll need updated Emails to get you on distro} The investigation is ongoing and resuits will be published when complete. Unfortunately, I can?t help w! thendate. i do understand your position. and our to shop works quickiy to push releasable info out to the far Post On MitigationfCOnsequence Management. R. (bll1i1-4?i IblI3l. lblIEJ Emmi (bio). {bits} I Sent: Wednesd February 9:2; AM mum - Subjed: FW: CIVCAS crisis Classi?cation Caveats: No Caveat Sir, (min. (no: AFI 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 530
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From: (M331 To: Subject RE: Phone Number Date: Friday, February 19, 2010 15:41:59 Sir, I?ll transfer it over. There was no denial of the erroneous and there were a lot of erroneous statements (the whole bombardment thing on the objective, for example]. it?s basic PA knowledge that in an information void, people will draw their own conclusions, truthful or not. That?s something brigade and CJTF obviouslv don?t understand. NIPR ?les coming VR, {bll3}. {in5) From: {bll1J1-4a. lbll3i. (ME) I Serb 1Q 9n1? 7113 PM 7.9.1 (moi. {bll?l Subject: RE: Phone Number CAVEATS: NONE TERMS: NONE (bll1l1-431 lbll3L ibll5i Thanks, {bii1l1.43. lbil? AF: 15-6 Investigation of Gardez District Pektya Province Operation. 12 Feb 10 531
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From: To: (MUN-4E1. (103(3). {bite-J Cc: subject: 1 1.43 1 12 FEB 2010, Gardez District of Paktya Province Date: Friday, February 12, 2010 09:55:31 At?chmEnis: i CLASSIFICATION-SEW CAVEATS: NONE TERMS: NONE ALCON, Attached are the postoperation products for the operation in Paktya last night. Please call with any questions or concerns. Wr, ibii1i1l431 (WE) AF: 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 532
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DECLASSIFY ON: 25 YEARS FROM DATE OF DATE OF SOURCE: 1 MAY 2006 CLASSIFICATION CAVEATS WIO ATCH: NONE TERMS ATCH: NONE CAVEATS: NONE TERMS: NONE AH 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 533
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From: To: Subject: Date: Attachments: (bits) I b31111.4pras Releasa for 12 Feb to Friday, February 12, mm [15:39:PRESS RELE The releases for 12 Feb are attached. Piease contact us if you have any questions. ?3 (1)1431 {him}. HIE-II 15-5 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 534
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From: To: Cc: Subject: Date: Attachments: ibii?i TWO embargo-ed RIAB Messages onl ?b3?1l14a I Thursday, February:' 18, 2010 16:36: 4 7? t? M95539 0 ll". - Gentlemen, as requested, here are the two messages we have so far produced and translated. It's coming on NIPR since that is how we deliver our messages to the RIABs. There is no unclassi?ed information in them and dwey contain no Operational details that have not already been exhaustively roported in the Afghan pras. We look forward to receiving your guidance and approval so we can ?nally get our side of the story out. Thank you. Very Respect?rlw, (bil?i 15-6 Investigation of Gardez District Paktya Province Operation. 12 Feb 10 535