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Home Facts SOA Manuals Counter Intelligence Chapters 13-14
Chapters 13-14 PDF Print E-mail
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.

[page missing in original document]















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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.








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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.







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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.









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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.












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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 .










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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.





















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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

__________________________________________________________________________



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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.






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_______________________________________________________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



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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".























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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.







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CHAPTER XIV

INTRODUCTION TO SUBVERSION AND ESPIONAGE AGAINST
THE ARMED FORCES (SEAAF)

INTRODUCTION:

The knowledge about subversion and espionage against the Armed Forces
(SEAAF) has a very important role for counter intelligence agents. The counter
intelligence agent must recognize the weaknesses generally sought by a hostile
agent and use these weaknesses to get valuable information about the Armed
Forces. When the espionage agent of the counter intelligence does not identify
these weaknesses he has lost the first battle which is to avoid the collection
of intelligence information. (COUNTER-INTELLIGENCE).

GENERAL FACTS:

a. The term "SEAAF" means subversion and espionage against the Armed
Forces. A SEAAF incident or a contact is an effort by a foreign intelligence
agent to get information, classified or non-classified, using you as the
source to obtain the information.

b. First we must have knowledge of the two key SEAAF words which are
espionage and subversion.

1. Espionage. Generally, espionage is the act to obtain, give,
transmit, communicate or receive information regarding the national defense
with the intent or purpose to believe that this information will be used to
harm the national government and to the benefit or advantage of the foreign
country. Likewise we must keep in mind the following when we talk about
espionage terms:

a. Any person or persons in legal, illegal possession, access or
control over or he is receiving information regarding the national defense
which the person in possession believes such information could be used to harm
the national defense and to the benefit or advantage of a foreign country,
voluntarily communicates, transmits, or intents to communicate or transmit
such information to any non-authorized person, is guilty of the act of
espionage.













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b. Any person or persons in charge of having legal possession and
control over national defense information who by their own negligence allows
the same to be lost, stolen, misplaced, destroyed, or removed from the
safekeeping place or gives such information in violation of faith, trust, and
responsibility, is guilty of an espionage act.

2. Subversion. Generally, the elements of subversion are:

(a) Actively induce the military and civilian personnel of the defense
forces to violate laws, disobey legal orders or rules and behavior regulations
or to interrupt military activities.

NOTE: "To actively induce" is defined as advising, alerting or requesting in
any manner that causes or intents to cause the acts mentioned above. This
includes the distribution or intent to distribute the written material that
alerts, advises, or requests.

(b) The voluntary intent to intercept, or diminish the loyalty, moral
or discipline of the defense forces.

(c) The subversion acts occur during war time or during peace time.

(d) The subversion includes all the voluntary acts with the intent to
harm the interest of the national government and that do not fit the
categories of treason, insurrection, sabotage or espionage.

c. Having knowledge of the two SEAAF key words, we must recognize
also the importance of the insurrection acts.

1. Insurrection. There are four types of specific activities which
are taken place with the intention of overthrowing the government through
force or violence are acts of insurrection. These four types are:

(a) Training about the need to overthrow the government.
















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(b) The publication, sale or distribution of written material plotting
or training to overthrow a government.

(c) Organizing a society or group with the purpose of plotting or
training to overthrow a government.

(d) Members or initiation members or affiliation with this type of
society knowing the purpose of such organization.

d. An agent looks for weaknesses to trap, to see if you could be
convinced, bribed, threatened, or trapped in a difficult or embarrassing
situation so to make you work for him. He must realize some general weaknesses
looked for by an agent. These are:

(1) Doubts, financial problems and bad credit.

(2) A criminal file or present criminal activities.

(3) Homosexuality.

(4) Immoral behavior, past or present.

(5) Abuse of drugs or alcohol.

(6) Marriage infidelity.

(7) Routinely boasts and brags.

(8) Mentally or emotionally unstable.

(9) Going with persons of weak character.

(10) Relatives or foreign friends.

e. SEAAF/SAEDA incidents and situations you must report:













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(1) Intents of non-authorized personnel to obtain classified or non-
classified information about the facilities, activities, personnel or materiel
of the armed forces using questioning techniques, seduction, threats, bribe or
trapping a person in an embarrassing or difficult situation by personal
contact, direct or indirect or by correspondence.

(2) Intent of non-authorized personnel to obtain classified or non-
classified information by photography, observation, collection of material or
documents or any other means.

(3) Intent by known persons, suspicious persons or with possible
foreign intelligence history or associations. Intent to establish any type of
friendship, association or business relationship.

(4) Every incident where members of the defense forces, his relatives,
travel by or to a foreign area of special consideration (figure 1) who are
exposed to:

(a) Questioning regarding their work.

(b) Provide military information.

(c) Bribe, threats or trapped in a difficult or embarrassing situation
of any type so as to cooperate with the foreign intelligence services.

(5) Incidents known, suspicious, or possible acts of espionage that
result or resulted in danger to documents, information or classified material.

(6) Other acts by members of the armed forces to involve, intent or
consider the communication of classified information, documents or material to
a non-authorized person.

(7) Non-official contact by members of the defense force with:
a. Personnel they know or suspect are members of a security service
or foreign intelligence.
















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b. Foreign political or military organization.

c. Any member of the countries mentioned in figure #1.

(8) Official contact with personnel mentioned in paragraph #7 when
these persons:

a. Show knowledge or curiosity about members of the defense forces.

b. Intent to obtain classified or non-classified information from a
member of the defense forces.

c. Intent to establish any type of friendship or business
relationship with members of the defense forces outside the official tasks of
the defense forces.

(9) Information regarding with international terrorism plans which
present a direct threat to personnel, activities, facilities or material.

(10) Known acts or suspicious acts to harm or destroy property of the
armed forces by sabotage acts.

f. What you must do if you suspect to have come in contact or someone
made contact to obtain information:

(1) Do not deny or accept to cooperate. Ask for some time to think
about the proposition.

(2) Remember the person's details. Try to remember things as the
description of the person, the place and circumstances of the meeting,
identification or description of the vehicle.

NOTE: Do not try to ask the suspect for more information or suggest another
meeting in the future. This, may surprise the agent.

(3) Report the contact to the counter intelligence agency. If you
cannot contact them, contact the S2 or an intelligence official and tell them
about the details of the contact. If you are travelling to another country or
abroad, report the contact to the closest consulate of your country or to the
office of the Defense (military) Attache.











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(4) Do not investigate the matter by your own efforts. Let the
investigation up to the qualified counter intelligence agents. Do not tell the
contact events to anyone except the departments mentioned above.

Figure 1

GEOGRAPHIC AREAS OF SPECIFIC CONSIDERATION

Afghanistan
Albania
Angola
Bulgaria
Cambodia
Republic of China and its adjacent islands
Cuba
Czechoslovakia
Ethiopia
German Democratic Republic (Communist Germany)
Hungary
Iran
Iraq
Laos
Lebanon
Arab Republic of Libya
North Korea and adjacent demilitarized zones
Nicaragua
Republic of Mongolia
Poland
Democratic Republic of Yemen
Romania
Soviet Sector of Berlin
Syria
Soviet Union
Vietnam
Yugoslavia












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