US FORCES IN BAGHDAD IMPLEMENT LARGE-SCALE HUMAN

C O N F I D E N T I A L SECTION 01 OF 03 BAGHDAD 002383

SIPDIS

E.O. 12958: DECL: 06/02/2015
TAGS: MOPS PHUM PINS PTER XF
SUBJECT: US FORCES IN BAGHDAD IMPLEMENT LARGE-SCALE HUMAN
RIGHTS INITIATIVES

REF: SECSTATE 99939

Classified By: Classified by Political-Military Counselor
Ronald E. Neumann for Reasons 1.4 (b) and (d)

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SUMMARY
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1. (SBU) The U.S. Army's Third Infantry Division (3ID) is
running a comprehensive program of practical rule-of-law
initiatives to train, monitor, and encourage human rights
practices amongst its Iraqi Security Force (ISF) partners
in Baghdad (a program list is provided in para 8). Both
Post and MNF-I have commenced work with various partners in
the Iraqi Transitional Government (ITG) to establish the
legal bases of existing and future ISF detentions. We have
found ITG officials eager to deconflict currently
contentious and ambiguous detention authorities and ensure
that clear lines of accountability exist.

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BACKGROUND
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2. (SBU) Recent international criticism of ISF human
rights practices has alleged violations in two primary
areas: first, physical abuse - ranging from overcrowding to
repeated beatings and torture - of individuals detained by
Iraqi MoD and MoI security forces, and secondly, the large-
scale practice of detention without appropriate judicial
oversight.


3. (SBU) (Note: Under the Transitional Administrative Law
(TAL),Iraqi Police (IPS) reporting to MoI are authorized
to "detain" individuals post-arrest, but are normally
required to bring the detainee before an investigative
judge within 24 hours; the TAL does not provide either
Iraqi Army and National Guard troops reporting to MoD or
Iraqi Police reporting to MOI a right of extra-judicial
detention similar to that enjoyed by the Coalition under
the terms of UNSCR 1546, although it can be argued that
the TAL may permit a form of security detention subject
to judicial review.)


4. (U) 3ID has recorded 57 allegations of physical abuse
of civilians in ISF custody since it arrived in Baghdad on
February 27, 2005, and has substantiated 27 reports through
the physical examination of detainees. In response, the
division has designed and staffed a large-scale rule of law
initiative, described in para 8 below, aimed at training
and monitoring good human rights practice in ISF facilities
across Baghdad.


5. (SBU) At the same time, various ITG ministries are
examining ways to establish clear legal authorities for the
temporary ISF detentions necessitated by the growing and
increasingly independent Iraqi role in fighting the
insurgency. Iraqi officials have expressed keen interest
in "normalizing" the current ISF detention situation, in
which military imperatives and civilian criminal codes met
imperfectly
Post plans to enagage in this dialogue, as
requested in Reftel.

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COALITION MONITORING OF ISF ABUSE
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6. (U) All MNF-I units in the field are instructed to take
all necessary action to stop or prevent any observed or
suspected physical or mental abuse (defined as "any
physical or mental abuse that poses a threat of serious
injury or death"),and to report incidents rapidly up the
chain of Coalition command. These are then reported by
formal letter from the Commanding General, MNF-I to the
relevant Iraqi Minister (Interior or Defense).


7. (U) In Baghdad, 3ID offers detainees alleging abuse by
ISF an extensive medical examination. Abuse allegations
are investigated by a 3ID Commander's Inquiry; the 3ID
Chief Counsel, Detainee Operations (CCDO),maintains a
database on investigation results, which are reported
monthly to the 3ID division commander. When abuse
allegations are substantiated after investigation, 3ID
engages ISF unit commanders and presses them to cease
abusive practices.

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3ID TRAINING INITIATIVES IN BAGHDAD
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8. (U) Currently, 3ID units reinforce human rights
training with programs designed to help inexperienced ISF
officers institute protocols and procedures that meet
internationally-accepted human rights standards:

OPERATION EN-SANIA (Humanity),managed in conjunction with
the Iraqi Bar and Baghdad Law School, acquaints Iraqi Armed
Forces (IAF) personnel with human rights principles,
encourages senior IAF leadership to prioritize the
protection of prisoners, and provides practical training to
individual Iraqi interrogators and guards. Training has
been provided for over 80 interrogators and facility
personnel; 3ID intends to extend this training to the Iraqi
Police Service.

OPERATION HAMMURABI II aims to strengthen the Iraqi court
and police systems by training Iraqi Security Forces in
non-coercive investigation procedures.

THE PROVOST MARSHALL'S OFFICE TRAINING PROGRAM, a 40-hour
course focused on the 1st Iraqi Army Brigade (1/6 IA),
teaches basic military detention facility operations with
an emphasis on professionalism and proper treatment of
prisoners.

JUDGE ADVOCATE (JA) TRAINING puts 3ID JAs together with
their ISF counterparts to train new recruits in human
rights practices.

THE INFORMATION OUTREACH CAMPAIGN encourages reliance upon
the Iraqi judicial system as a guardian of human rights.
3ID distributes a booklet, "Principles of Human Rights,"
and other human rights training material to the Iraqi Army
and Police. The campaign also uses TV and radio to
promote the Iraqi judicial system as the single legitimate
means of prosecuting insurgents. A local radio show, "The
Citizen and the Law," will also promote the rule of law by
answering ordinary Iraqis' legal questions.

ADVANCING THE RULE OF LAW THROUGH THE MiTT TEAMS: 3ID
gives all ISF recruits a packet of basic legal instruction
on the laws of war, the rules of engagement, and human
rights. A Military Training Team (MiTTs) JA works with
the 6th IA Division JAG and other command staff to emphasize
prisoner protections and the rule of law. 3ID is also using
its MiTTs to institute ISF reporting and investigation of
incidents of abuse.

GUIDANCE IN THE DEVELOPMENT OF DETENTION OPERATIONS: 3ID is
urging 1/6 IA towards acceptance of a Model Apprehension
and Detention Standard Operating Procedures (SOP). The
SOPs provide for the humane treatment of all prisoners,
quick and effective processing from point of capture until
eventual incarceration, and detailed guidance on detention
operations.

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ESTABLISHMENT OF LEGAL AUTHORITIES
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9. (SBU) The ITG has expressed increasing awareness that
the growing Iraqi role in conducting military operations
has strained its current legal and physical capacity for
detention. Increasingly, Iraqi military forces retain
custody of prisoners arrested during kinetic operations
because Iraqi Police holding cells are full; IPS, in turn,
complain that intimidation and weak court infrastructure
make it hard to locate investigative judges with the
authority to issue detention orders.


10. (SBU) The ITG is showing growing interest in practical
initiatives to increase correctional and judicial capacity.
The Minister of Interior has recently requested Coalition
assistance in procuring additional temporary holding cells;
the Iraqi Army is working with 3ID and the Central Criminal
Court of Iraq (CCCI) to bring investigative judges directly
to MoD holding facilities to conduct hearings.

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COMMENT
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11. (C) The security mechanisms of intimidation, abuse,
and disregard for independent judicial authority
established under the former regime have shaped the basic
worldview of millions of Iraqis, including members of the
current ISF. We will see more allegations of abuse
committed by ISF, and expect the number of incident
reports to rise with the deployment of MiTTs armed with
stringent reporting requirements to ISF units.


12. (C) However, the care and energy put by 3ID and other
MNF-I components into practical human rights training and
monitoring programs gives cause for hope, as does the
interest of the ITG in establishing a clear legal basis for
ISF detentions. Post and MNF-I intend to work these two
critical elements of good rule-of-law practice in tandem,
and will provide regular updated reporting on ISF and ITG
progress.
Satterfield