LN324-91

                               CHAPTER X

                   HOW TO OBTAIN A SWORN DECLARATION

INTRODUCTION:

     During its functions as a Counter Intelligence Special Agent you must
get a sworn declaration from the persons whom you have interviewed. These
sworn declarations will help you determine the truth of the persons
interviewed as well as recognizing if the information that they have given has
any connection with your investigations.

DEVELOPMENT:

     A.    Definition of a Sworn Declaration:

     A Sworn Declaration is a written statement about facts, given
voluntarily by a competent person who is a witness, who states under oath that
the content of the statement is true.

     B.    The Sworn Declarations must be obtained from the following
categories of interviews:

     1.    Witnesses with direct or personal knowledge of the incident.

     2.    Sources who provide credible unfavorable information. Credible
unfavorable information is defined as: Information related to loyalty and
attitude of a person, who appears to be honest, and so who could make a
probable base to take adverse action.

     e.    The sources who refuse credible unfavorable information.
Information that has been refused its defined as: That information that was
refused (without validity).

     4.    SUBJECTS of an interview.

     5.    Suspicious persons who are citizens of the country.

     6.    Persons who have been accused and that are not citizens of the
country.

     C.    You may obtain this information during the interviews using the
interrogation basic techniques in an efficient way.






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LN324-91 5. The next four blocks will note the complete information about a person who is making a sworn declaration. The following information is included in block E. a. Complete name of the person b. Personal identity number c. Grade or civil rank d. Military unit or civil residence F. You must aid the interviewee to write a declaration using one of the following methods: 1. Narrative method a. The narrative method allows the interviewee making a declaration to write the information in his own words. This method is normally used when preparing the declarations of Sources, Witnesses, or Unscheduled persons. b. The Sworn Declarations made by a source must have a summary declaration explaining the social degree or professional association between the source and the subject. This must have the facts and circumstances of the facts that support or contradict the unfavorable credible information and answer all the basic interrogations. 2. Question and Answer Method a. When you are preparing a sworn declaration for a subject, accused or suspicious person use the question and answer method so as to ensure the verbal file in the interview. The question and answer method has both questions that you make and answers from the interviewee. This method allows you to limit to just the information contained in the declaration that is pertinent. b. The sworn declarations made by a subject, source or accused persons must contain, in addition to the facts and circumstance the following information: 99
LN324-91 1. An explanation of the purpose of the interview. 2. A declaration of recognition of the provisions of privacy according with the national government and these provisions must be explained. 3. A declaration of recognition that the SUBJECT was advised of his constitutional rights and that he denied these rights in writing noted in the certified text of the SWORN DECLARATION/LEGAL RIGHTS/USE OF A LAWYER. 4. A petition to have an interview under oath and the answer. 5. A complete personal identification of the interviewee. 6. A final question to find out if the interviewee wishes to add or change the declaration. 3. A combination of the two methods mentioned above normally provides the best result. The person interviewed is allowed to express himself and afterwards you may use the method of questions and answers to obtain specific information that has been omitted previously. This method also allows you to clarify the areas where the interviewee has not been clear in the declaration. G. All sworn declarations will be written in first person. The vocabulary and the grammar of the interviewee must be used during the entire process, including vulgarities if they are pertinent or provided as part of the actual interviewee's appointment. Expressions written in parenthesis, abbreviations, facts in military style and investigative jargon or the use of capital letters only used by the counter intelligence agents must not be used. H. Use additional pages to complete the body of the declaration. The additional pages are used when the sworn declaration does not fit in the second page of the document. I. When typing the sworn declaration, write the declaration as close as possible to the margins of the document, or write a line towards the margin when the declaration or sentence does not reach the margin. 100
LN324-91 J. At the end of the sentence of the sworn declaration, include the phrase, "Declaration Finished". K. In a sworn declaration that has been typewritten, have the interviewee put his initials at the beginning of the first sentence and in the last sentence of each page, as well as putting his initials on the side of any correction or errors. The sworn declarations made in handwriting do not need the initials unless there are corrections. Corrections made to the sworn declarations must be done in ink and ball point pen preferably in black ink, but keep in mind that the interviewee must put his initials next to the corrections. L. Complete the section under the page including the number of the page and the total of pages (page from page) and then you must make the person making the declaration put his initials in the upper part of each page in block F. M. Complete the section of the declaration writing down the name of the interviewee in blank sections in block H. N. Make the interviewee read the sworn declaration and make sure that he understands it. 0. Make the interviewee repeat the oral oath. If the interviewee does not wish to take the oath, you must not try to persuade him to change his mind. But, you must explain that a declaration that is not under oath could be used as evidence as well as you must explain that the meaning of the oath, and the penalties for submitting a false declaration. P. Make the interviewee to sign the sworn declaration. If the interviewee took the oral oath but does not wish to sign the sworn declaration, do not try to change his mind. Explain to him that the oral oath and not his signature is what makes this document a sworn declaration and that such document will be sent to the appropriate destination. Allow him the opportunity of making any changes to his first declaration. But, never destroy the original declaration. Q. Write down the place and the date where the oral oath was obtained in block J. R. Sign the document in block K, and typewrite the complete name of the counter intelligence agent in block L. 101
LN324-91 S. Write down the authority that the counter intelligence agent has in block M. T. Make the witness (if it applies) sign the sworn declaration. The witness signs the sworn declaration affirming that the interviewee understands the content of the sworn declaration and that the interviewee signed such declaration in your presence. THE WITNESS DOES NOT HAVE TO BE PRESENT DURING THE INTERVIEW, ONLY ONE WITNESS IS REQUIRED DURING A SWORN DECLARATION, UNLESS THE INTERVIEWEE WISHES A WITNESS TO BE PRESENT DURING THE INTERVIEW. U. If the interviewee wishes a copy of the sworn declaration provide him with a copy under the conditions that the sworn declaration is not classified. NOTE: If the sworn declaration is classified make sure that it is classified according to the SOP. V. Complete the appropriate reports, write down and add all the details. NOTE: When a sworn declaration is taken from a person that does not speak the national language, copies of the declaration must be prepared in the language spoken by the person. If necessary, use an interpreter for this purpose. Both declarations must have a statement indicating that the content of the declaration is complete and without errors. The person who transfers the document must sign the declaration and indicate that he is competent. The counter intelligence agent must supply the oath to the interpreter before the interpreter signs the declaration. 102