DETAINEE ABUSE: ICRC ON DETENTION FACILITY ACCESS,

C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 009295

SIPDIS

DEPT. ALSO FOR PRM, L AND S/CT
GENEVA FOR RMA

E.O. 12958: DECL: 11/29/2015
TAGS: PHUM KJUS PGOV PINS MOPS IZ JO
SUBJECT: DETAINEE ABUSE: ICRC ON DETENTION FACILITY ACCESS,
SADDAM

REF: BAGHDAD 4672 AND PREVIOUS

Classified By: DCM Daniel Rubinstein for reasons 1.4 (b) and (d).


1. (C) SUMMARY: The International Committee of the Red Cross
(ICRC)'s Iraq mission (based in Amman) plans to seek access
to Iraqi detention facilities as well as non-permanent places
of detention under MNF-I control over the next three weeks.
Iraq ICRC Head of Delegation Karl Mattli told visiting PRM
officials that ICRC Geneva had just authorized a return
mission to Baghdad, tentatively scheduled for December 6-8,
to launch negotiations with the GOI on an access MOU. ICRC
is also preparing to send a mission to Washington December
12-17 to press for more access to detention facilities under
MNF-I control, including Division Internment
Facilities/Brigade Internment Facilities. Mattli also told
visiting PRM officials that ICRC lawyers are tracking the
Saddam Hussein trial closely, and that internal ICRC
procedures could force them to go public with their concerns
over an alleged lack of fundamental judicial guarantees. END
SUMMARY.

ICRC NEEDS AN MOU TO ACCESS IRAQI DETENTION FACILITIES
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2. (C) Karl Mattli, ICRC's new, Amman-based Iraq Delegation
Head, told visiting PRM A/S Greene November 17 that Geneva
had just approved a plan to "re-think ICRC's whole modus
operandi in Iraq." Mattli explained that ICRC would start
scaling-back the humanitarian aid activities it resumed in
Iraq earlier this month, such as its ongoing effort to
deliver water to 1200 displaced families in Tal Afar and
neighboring villages, to "acute emergencies" in order to
focus on key protection issues, such as gaining access to
Iraqi detention facilities. Mattli explained that ICRC
currently has no access to any detention facilities under
Iraqi control because it has no agreement with the GOI;
securing such an agreement was one of his top priorities.
NOTE: ICRC signed two MOUs with the PUK and PKK in 1994 that
gives it limited access to facilities in the north. END
NOTE. In a subsequent November 27 telcon, Mattli informed
refcoord that ICRC Geneva had just approved a joint ICRC
Geneva/Iraq mission to Baghdad to start negotiating detention
facility access with the GOI. Mattli said ICRC hoped to send
its next mission to Baghdad as soon as December 6.


3. (C) Mattli added that ICRC was conducting interviews with
new arrivals at MNF-I detention facilities to monitor
treatment of detainees under MOI and Iraqi police control,
and that these interviews suggested that abuse in Iraqi
detention was widespread and often severe. During a
mid-October visit to the MNF-I facility in Bucca, for
example, Mattli said that all 59 new arrivals his team
interviewed reported problematic treatment. Some cases
showed evidence of serious abuse, including electric shock,
rape and beatings. Mattli said that ICRC was trying to
expand its traditional military training to Iraqi line
ministries in response. In addition to maintaining the
training in humanitarian law concepts that ICRC has been
providing to Iraqi military officers (at the invitation of
the Jordanian military),Mattli said his mission was
unilaterally trying to launch a course for MOI officials.
ICRC had successfully recruited Iraqi Ministry of Interior,
Health and Justice officials to participate in an inaugural
seminar scheduled to take place in Amman this month, but he
noted that there were still critical gaps, particularly lack
of participation by the Iraqi police forces.

ICRC TO PRESS FOR NON-PERMANENT FACILITY ACCESS
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4. (C) While noting that recent ICRC discussions with the
U.S. military on detention conditions at MNF-I facilities
were "highly constructive," and that ICRC has no serious
concerns about detainee treatment in the permanent MNF-I
facilities it regularly visits, Mattli underscored ICRC's
concern that it still lacks access to non-permanent
facilities under U.S. control. He expressed particular
concern that an MNF-I website page describing detention
procedures was updated on September 5
(www.mnf-iraq/com/tf134/humane.htm) with an inaccurate claim
that ICRC has "open access to all detention facilities,
including Division Internment Facilities/Brigade Internment
Facilities." Mattli said ICRC plans to request access to
non-permanent detention facilities under U.S. control in
Washington next month, noting that ICRC has tentatively
scheduled that mission to take place December 12-17.

SADDAM HUSSEIN TRIAL: ICRC MAY GO PUBLIC WITH CONCERNS
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5. (C) Turning to other issues of concern to ICRC, Mattli
revealed that ICRC lawyers following the trial of Saddam
Hussein have concerns that fundamental judicial guarantees
are not being respected. Mattli said that ICRC procedures,
particularly in cases involving the death penalty, would
require ICRC to take an active, possibly even a public,
position.


6. (U) Acting PRM A/S Greene and Embassy Baghdad cleared this
message.
HALE