gov.uscourts.dcd.116163

V-0145B-UNA-AK

EXHIBIT B

3ase 1:05-cv-0145B-UNA-AK Document 21 -3 Filed 07/07/2006 Page 2 □! 4
DFXLARATION QF CAROL KISTHAKDT

Pursuant lo 28 U.S.C. § 1746, 1, Carol Kisthardt. hereby declare:

I :-.-i. the Special A^cru m <.'!:. -ye. -o:::'ie.:-: Field Office, Naval Gii'ini.;!
Investigative Service {"NCIS"). I have served in this position since May 2004. In this
capacity I supervise all NCIS investigations within the jurisdiction of the Southeast Field
Office, which includes Georgia. Florida I less the Pan Handle), the Caribbean (to include
the U.S. "Naval Base at Guantanamo Bay. Cuba), as well as South and Central America.

The following declaration, which is based on rm personal knimicdic ■:

supplied to me in my official capacity, pertains to the investigation that was initiated at
my direction into the deaths of three detainees at the U.S. Naval Base at Guamanamo
Bay. Cuba

2. After the detainee suicides ■-•'' ''■■' June "mi'io. ilie Nava! (.' riminal IfivesiiiL-.d'.e

Service (NCIS) initiated an investigation into the rircttmstancesofthe suicides at the
U.S. Naval Base at Guantanamo Bay. Cuba. The NCIS is the primary criminal
investigation service of the Department of the Navy and is responsible for investigating
unattended deaths on U.S. Naval installations. The Navy has primary jurisdiction over
Guantananni Cay. Cuki

3. On 10 June 2006. NCIS found what appeared to be handwritten suicide notes on
(he deceased detainees' persons. NCIS conducted searches of the detainees' cells and
discovered a handwritten note hidden in the mesh wall of one of the deceased detainee's
cell which, when translated, was found to be related to the suicides. That note was
written in Arabic on notepaper that had been stamped "Attorney Client Privilege," on the
back of the paper, and after translation was found to have been written by someone using
a name different from the name of the detainee who lived in the cell. NCIS investigators

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then searched other occupied cells in ihe cellblock for additional evidence surrounding
the deaths ofthe three detainees aili'or additional planned suicides. The NCIS seam
searched for. among other items, handwritten notes that could be relei ant to the three
suicides, including anything that would reflect a suicide plan or pact. Notes were
subsequently found in tin cell ol'\i detainee other than the three suicide victims. These
notes were written in Arabic, and after translation, were considered to be relevant to the
investigation and potentially authored by at least mo ofthe deceased detainccv Tteae
notes were handwritten, many of them cm sbttionet) stamped "Attorney-Client
Communication"". -Privileged and Confidential"", and "Attorney-Detainee Materials", in
both English and Arabic.

4, The discovery of these notes led NCIS to expand ihe scope of the search to
include handwritten materials in all enemy combatant detainees" cells throughout the
Guantanamo detention facility beginning on 14 June 2006. The purpose ofthe expanded
search was to pursue logical inve=iicative ^-...j. :oy:oc3T.ii:i! she deaths of the three
detainees and to determine whether other suicides were planned or likely to be planned.
On 14 June 2006, the NCIS team recovered personal items and papers, including legal

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immediate review by the investigati'.eteam. but for review at a later time due to the large
volume of materials that was recovered and the need for translators. Approximately
1 100 pounds of materia I vilocun-: en r> ■■:;_:- -.■..:■'. .:-..: .r.:rirv_- I he searches, file materials
collected from each detainee's cell and effects were separately bagged for eventual
sorting and review.

5. On 18 June 2lJfJ(). NCIS pe:-.o:L-e: i^v.^i .-.■■-rir!; male rials fpnn hags pertaining to
eleven detainees. This process involved separating Attorney Client Privileged
information from non-pn-. Uegcd rnj ratM :.:"._ . dud ■ _ .-. prelim nvj scan ofnon-

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p::\ :i=yec information lb: Men-.: thru -VjiC i 1 - t': eviJeniiarv s aluc. Several items were
discovered thai were deemed relevant to the investigation, including one that contained
instructions on lying knots. In addition, in the materials recovered from one detainee's

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sensitive information regarding cell locations of detainees as well as details concerning
camp operational mailers. While examining other materials from the same detainee to
determine whether there were other potentially classified US. Government documents,
tbe NCIS investigators discovered three envelopes thai were marked asatiomey-clicnt
privileged information. T looked at the contents of the three envelopes and determined
thai one of them contained a document with a "Secret" stamp lined om and marked
■"Unclassified" by an unknown individual. A second envelope contained a typed
document stamped "FOUO." 'fhe third en-, dop; -■ ■ijisincJ documents that did not bear
any classification or special handling markings. Neither 1 nor any other member of tbe
NCIS review team read any of the documents in the three envelopes. I then suspended
further examination of the materials due to the volume of materials, the apparent
multitude of foreign languages within the materia! -. and need :__:_. . . .-__■ . .:._
the handling of purported attorney-client material.

I hereby declare under the penalties of perjury that the foregoing is true and correct w the
best of my knowledge, information, and bel ief.

DATED: Tym fatb