LN324-91

                             CHAPTER XIII

                  PERSONAL INTERVIEW WITH THE SUBJECT

INTRODUCTION:

     An interview of the SUBJECT takes place after having completed an
history investigation. The office of personal security provides us a
preliminary sheet (see example #1), which indicates the purpose of the
interview, the type of interview or investigation that is taking place, leads
we must follow or develop, history information of the SUBJECT (person to be
interviewed), and other special instructions.

GENERAL FACTS:

     A.    The first thing we must do upon receiving the preliminary sheet is
to read it and study it carefully.

     The following is the order in which we must carry out the preparation
and how to conduct the interview of the SUBJECT:

     1.    Determine if the information in the preliminary sheet is a valid
requirement. To do that, we must:

     a.    Verify if the preliminary sheet has a pardon date.

     b.    Look up in the sheet, the identification of the unit that sent the
same, the name of the person who signed it and if such person is authorized.

     2.    Identify the requirements of the interview:

     a.    Determine what type of interview will take place.

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LN324-91 e. Use or abuse of drugs. f. Abnormal sexual contact. g. Criminal behavior. h. Hostage situation. i. Security matters. c. Subject interview, in complaint style: 1. This type of interview allows the person to deny, tone down or explain any accusation or allegation against him. 2. These interviews take place to respond to the requirements of the preliminary sheet. 3. These interviews are required when information is obtained that the SUBJECT participates in, or is in a position which he is exposed to blackmail or coercion to participate in: a. Sabotage b. Espionage c. Treason d. Insurrection e. Subversive activities 3. Review the personal file of the SUBJECT to identify areas or affairs that will develop during the interview. 4. Develop questions that will be used during the interview: a. EIA/ES [missing translation): For these interviews use the subject's HP [missing translation] and obtain the areas (affairs) to be develop during the interview. b. Interviews about specific affairs/and complaints: Use the preliminary sheet and the subject's file to develop the questions that could fulfill the requirements. c. Use the basic interrogative words: who, what, when, why, where, and how. Make sure that all areas of interest are exploited. 111
LN324-91 5. Make arrangements for the interview: a. Call the SUBJECT to arrange a date. b. Try to find someone that could act as witness during the interview, if necessary. 6. Select and prepare the interview place: a. Select a room that provides privacy and eliminates distractions during the interview. b. Select a room that allows the interviewer to control the physical environment. c. Select a room where you could keep a nice temperature during the interview. d. Arrange the furniture in the room. The furniture must be just a small table, and three chairs. e. Select a room that does not have a telephone and if it does, lift the receiver f. Install and test recording equipment. 7. Greet and Identify the SUBJECT: a. Greet the SUBJECT in a professional manner and try to win his trust. b. Identify the SUBJECT orally and take him to the interview room. 8. During the interview: a. Verify the SUBJECT'S identity examining his identification card. b. Identify yourself and your position as representative of military intelligence. c. If the SUBJECT is of the opposite sex, determine if he/she wishes to have a witness of the same sex present during the interview. NOTE: IF THE SUBJECT IS OF THE OPPOSITE SEX YOU MAY ADVISE THAT A WITNESS OF THE SAME SEX MAY BE PRESENT DURING THE INTERVIEW. 112
LN324-91 d. If the SUBJECT is of the opposite sex and wishes to have a witness of the same sex present during the interview we must do the following: 1. Call the witness 2. Introduce the witness and the SUBJECT and explain the responsibility of the witness to the SUBJECT. e. If the subject does not wish a witness, write this in your Agent's Report. NOTE: EVEN THOUGH IT IS NOT REALLY A REQUIREMENT TO HAVE A WITNESS OF THE SAME SEX PRESENT DURING THE INTERVIEW, IT IS ADVISABLE TO USE ONE, SINCE WE PROTECT OURSELVES FROM BEING ACCUSED BY THE SUBJECT OF USING ABUSE, COERCION AND THREATS. f. Inform the SUBJECT of the purpose of the interview. g. Ask the SUBJECT if he will allow to use a tape recorder during the interview. Explain that the tape recorder will help you in preparing the final report. h. Turn on the tape recorder only if the SUBJECT has given permission to use it. i. Advise the SUBJECT of the civil rights that he has: (See example #2) 1. Advise the SUBJECT of his civil rights when: a. A specific matter of complaint is the subject of the interview. b. At any time during the interview, the SUBJECT says incriminating things. 2. Make sure that the SUBJECT understands all his rights. NOTE: IF THE SUBJECT DOES NOT UNDERSTAND HIS RIGHTS, DETERMINE WHAT HE DOES NOT UNDERSTAND AND CLARIFY HIS DOUBTS. 113
LN324-91 NOTE: YOU MUST NOT INTERVIEW THE SUBJECT UNDER ANY CIRCUMSTANCE IF HE DOES NOT UNDERSTAND HIS RIGHTS. 3. Ask the SUBJECT if he does not wish to contact a lawyer. a. If the SUBJECT wishes to talk with a lawyer, do not continue the interview until he has the opportunity to talk with his lawyer. b. If the SUBJECT does not have a lawyer, obtain a sworn declaration from the SUBJECT indicating that he wishes to continue the interview. NOTE: IF THE SUBJECT DECLARES THAT HE DOES NOT WISH TO HAVE A LAWYER BUT THAT HE DOES NOT WANT TO SIGN A SWORN DECLARATION, CONTINUE WITH THE INTERVIEW AND INDICATE THIS IN THE AGENTS REPORT. c. After establishing if the SUBJECT wishes or not to have a lawyer, before starting to question, give the SUBJECT the oath to truth. If the SUBJECT refuses to swear ask him if he is willing to continue with the questions. 4. Inform the SUBJECT of the following privacy rights in regards with the interview: a. The authority you have to carry out the investigation and obtain the information desired. b. The main purpose of the obtaining such information. c. How you will use that information. d. Why it is obligatory or voluntary to give that information. 5. Have the SUBJECT sign a sworn declaration or document that indicates his understanding of these privacy rights in regards with the interview and the search for information. 114
LN324-91 j. Ask the SUBJECT about information concerning history information. k. Ask the SUBJECT about the matters under investigation: a. Use the questions developed during the preparatory phase. b. Use the control questions, non-pertinent, repeated and follow-up questions. c. Examine carefully all the new areas presented by the SUBJECT. d. Follow a logical sequence of questions to avoid overlooking significant themes. 1. Concentrate in recognizing and interpreting the non-verbal communication of the subject. a. Listen to how the SUBJECT talks. Audio leads include changes in tone, speed of the voice. b. Be alert of visual leads, such as facial expressions, body position, hand, legs and head movement. c. Interpret the subject's non-verbal leads with the verbal leads to obtain a clear idea of the real message. NOTE: EXPLOIT ALL THE DISCREPANCIES IN THE SUBJECT'S ANSWERS UNTIL EVERYTHING IS CLEARED UP. d. Use your own non-verbal communications to gain and keep the control during the entire interview. m. Review the entire matter and affairs discussed up to that point during various intervals of an interview. 1. Identify the areas of interest that have not been discussed. 2. Identify and bring up the inconsistencies and discrepancies in his answering to the SUBJECT . 115
LN324-91 n. Obtain a sworn declaration: Make the SUBJECT sign a sworn declaration with all the information he brought during the interview. o. Close the interview. The interview could end by any of the following reasons: 1. The SUBJECT is sick and requires medical attention. 2. You need more interviews to cover all the areas of interest. 3. The SUBJECT refuses to cooperate with you. 4. All the requirements have been met and the SUBJECT has answered all the questions. 5. You lost the initiative and decide to postpone the interview. p. Use the closing phase to obtain facts that perhaps were not able to discuss during the interview. The SUBJECT perhaps will calm down more when you end the questioning and turn of f the tape recorder or put your notebook away. It is possible that he could bring additional information if he believes that you are not going to record or write down. 8. Say goodbye to the SUBJECT. 9. Prepare the reports/corresponding reports necessary. 116
LN324-91 EXAMPLE #1 PRELIMINARY SHEET FOR SUBJECT INTERVIEW __________________________________________________________________________ PRELIMINARY SHEET DATE/START OF THE INVESTIGATION __________________________________________________________________________ 1. Subject 2. Date Name: Rank, personal identity number:3. Control number __________________________________________________________________________ 4. Type and purpose of investigation: 5. Leads to be verified: 6. PAST HISTORY INFORMATION: 7. SPECIAL INSTRUCTIONS: ________________________________________________________7. Agency requesting investigation|Agency preparing investigation __________________________________________________________________________ OFFICE OFFICE __________________________________________________________________________ ADDRESS ADDRESS __________________________________________________________________________ SIGNATURE (AUTHORIZATION) SIGNATURE (AUTHORIZATION) __________________________________________________________________________ NAME OF AUTHORIZED PERSON NAME OF AUTHORIZED PERSON __________________________________________________________________________ ADDITIONAL DOCUMENTS ENCLOSEDADDITIONAL DOCUMENTS ENCLOSED __________________________________________________________________________ 117
LN324-91 EXAMPLE # 1 CONTINUED PRELIMINARY SHEET FOR SUBJECT INTERVIEW ____________________________________________________________PRELIMINARY SHEET DATE/START OF INVESTIGATION ____________________________________________________________ 1. SUBJECT 2. DATE: May 15, 1988 QUINTANILLA, Roberto A. CPT, PPP-00-000 3. CONTROL NUMBER Chalatenango, 10 Dec. 54 ____________________________________________________________ 4. TYPE AND PURPOSE OF INVESTIGATION: INVESTIGATION TO DETERMINE IF THE PERSON IS STILL SUITABLE TO HAVE ACCESS TO CLASSIFIED INFORMATION. The SUBJECT at present is assigned to the 4th Infantry Brigade and has access to classified information up to the level SECRET. 5. LEADS TO BE VERIFIED: Interview Mr. Quintanilla to give him the opportunity to deny, mitigate, or explain the negative information that was obtained during the present investigation. 6. INFORMATION ABOUT PAST HISTORY: (See the SUBJECT'S personal history) 7. SPECIAL INSTRUCTIONS: a. Determine the circumstances of subject's arrest by the National Police on 9 April 1980, for driving a vehicle while intoxicated. b. Determine the financial stability of the SUBJECT. c. Determine how much he participates in extramarital relationships. d. Determine if the SUBJECT has used, owned, or traffic illegal drugs including marihuana and hashish. e. Determine his present and past use of alcoholic beverages. f. Determine the SUBJECT'S mental and emotional stability. g. Inform the SUBJECT of his legal rights. h. Carry out the interview under the SUBJECT'S oath. i. Send a copy of the interview report to our offices not later than 30 May 1988. 118
LN324-91 _______________________________________________________7.Agency requesting investigation|Agency preparing investigation ______________________________________________________________________ OFFICE OFFICE _______________________________________________________ ADDRESS ADDRESS _______________________________________________________ SIGNATURE (AUTHORIZATION) SIGNATURE (AUTHORIZATION) _______________________________________________________ NAME OF AUTHORIZED PERSON NAME OF AUTHORIZED PERSON _______________________________________________________ ADDITIONAL DOCUMENTS ENCLOSEDADDITIONAL DOCUMENTS ENCLOSED 119
LN324-91 EXAMPLE #2 HOW TO INFORM THE SUBJECT OF HIS LEGAL RIGHTS NOTE:THE LEGAL RIGHTS OF A SUBJECT ARE INFORMED IN THE FOLLOWING MANNER: 1. "BEFORE STARTING TO MAKE QUESTION, YOU MUST UNDERSTAND HIS LEGAL RIGHTS". a. "You are not under obligation to answer my questions or anything else". b. "Anything you say or do could be used against you in a court or criminal court of law". c. "You have the right to talk privately with a lawyer before, during and after an interview. You also have the right to have a lawyer present during the interview. Although you will have to make your own arrangements to obtain a lawyer, and this will not be at any cost to the national government. d. "If you decide to discuss the charges under investigation, with or without a lawyer present, you have the right to finish the interview at any time, or to take privately with your lawyer before continuing to answer, unless you sign a sworn statement testifying that you do not wish a lawyer". 120
LN324-91 EXAMPLE #3 SWORN STATEMENT/LEGAL RIGHTS/USE OF LAWYER _____________________________________________________________PLACE OF INTERVIEW DATE TIME FILE NO. _____________________________________________________________ NAME UNIT OR ADDRESS _____________________________________________________________ IDENTITY NUMBER RANK _____________________________________________________________ THE INVESTIGATOR WHOSE NAME APPEARS IN THIS DECLARATION INFORMED ME THAT HE WORKS IN MILITARY INTELLIGENCE OF THE ARMED FORCES OF EL SALVADOR AND WANTED TO QUESTION ME ABOUT THE FOLLOWING ACCUSATIONS/OFFENSES TO WHICH I AM ACCUSED OR SUSPECT:__________________________________________________ BEFORE STARTING TO QUESTION ME ABOUT THE OFFENSES, HE INFORMED ME THAT I HAVE THE FOLLOWING LEGAL RIGHTS: 1. I DO NOT HAVE TO ANSWER OR SAY ANYTHING 2. EVERYTHING I SAY COULD BE USED AGAINST ME IN A COURT OF LAW. 3. I HAVE THE RIGHT TO SPEAK PRIVATELY TO A LAWYER BEFORE, DURING AND AFTER THE INTERVIEW AND TO HAVE A LAWYER PRESENT DURING THE INTERVIEW. NEVERTHELESS I UNDERSTAND THAT IF I DESIRE A LAWYER PRESENT I HAVE TO PROCURE HIM AND PAY HIM ON MY OWN. THE GOVERNMENT WILL NOT PAY THE EXPENSES. 4. IF I AM NOW WILLING TO ANSWER QUESTIONS UNDER INVESTIGATION, WITH OR WITHOUT A LAWYER PRESENT, I HAVE THE RIGHT TO REFUSE TO ANSWER QUESTIONS OR TO SPEAK PRIVATELY WITH A LAWYER, EVEN WHEN I HAVE DECIDED NOT TO USE A LAWYER COMMENTS: _______________________________________________________________________ I UNDERSTAND MY RIGHTS MENTIONED ABOVE. I AM WILLING TO DISCUSS THE OFFENSES UNDER INVESTIGATION AND TO MAKE A DECLARATION WITHOUT SPEAKING TO A LAWYER BEFORE AND WITHOUT THE PRESENCE OF A LAWYER DURING THE INTERVIEW. ___________________ WITNESSES SIGNATURE OF INTERVIEWEE (SUBJECT) 1. NAME: ___________________________________ 2. UNIT: SIGNATURE OF AGENT (INTERVIEWER) 1. NAME: ___________________________________ 2. UNIT: SIGNATURE OF INVESTIGATOR ___________________________________ INVESTIGATOR'S UNIT ___________________________________________________________________ I DO NOT WISH TO RELINQUISH MY LEGAL RIGHTS: _______ WISH TO HAVE _______DO NOT WITH TO BE INTERVIEWED A LAWYER. NOR TO ANSWER ANYTHING. 121