Identifier
Created
Classification
Origin
05BAGHDAD4403
2005-10-26 15:55:00
CONFIDENTIAL
Embassy Baghdad
Cable title:  

IRAQI MOJ REQUESTS VISIT FROM TURKISH JUDGE

Tags:  KJUS PGOV PREL PTER IZ TU 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L BAGHDAD 004403 

SIPDIS

E.O. 12958: DECL: 10/25/2015
TAGS: KJUS PGOV PREL PTER IZ TU
SUBJECT: IRAQI MOJ REQUESTS VISIT FROM TURKISH JUDGE


Classified By: Classified by David C. Litt, Political-
Military Affairs Counselor, for Reasons 1.4 (b) and (d)

C O N F I D E N T I A L BAGHDAD 004403

SIPDIS

E.O. 12958: DECL: 10/25/2015
TAGS: KJUS PGOV PREL PTER IZ TU
SUBJECT: IRAQI MOJ REQUESTS VISIT FROM TURKISH JUDGE


Classified By: Classified by David C. Litt, Political-
Military Affairs Counselor, for Reasons 1.4 (b) and (d)


1. (C) Post and Coalition Forces continue to work
with Iraqi authorities to expedite the extradition to
Turkey of Sadettin Akdas and Burhan Kus. The ITG is
itself unclear as to the correct procedures for the
processing of extradition requests, and much effort
has been expended on both sides in clarifying Iraqi
procedures and attempting to bring the ITG to internal
consensus on the way ahead.


2. (C) Both men have been convicted in Iraqi court
for crimes involving illegal entry, are in Iraqi legal
custody, and appear to be available for extradition
under the terms of the existing Iraqi-Turkish
extradition treaty. MNF-I has retained physical
custody of both to ensure that no delay or
complication will arise should the request be approved
and extradition to Turkey be granted.


3. (C) On October 25th, MNF-I was informed by the
Iraqi Minister of Justice that a visit to the Iraqi
Attorney General by a Turkish judge able to explain
the charges against Mr. Akdas and Mr. Kus would
expedite their extradition. We are working to
identify the Attorney General, whose existence was
previously unknown even to some Iraqis working in this
field.


4. (SBU) Post is not in a position to verify the MOJ's
belief that the proposed visit would expedite
extradition, as the written extradition procedures to
which we are privy provide no formal role for the
Iraqi Attorney General in this process. We pass on
the MOJ's invitation regardless, for the consideration
of Embassy Ankara and the GOT.


5. (SBU) (Note: in our understanding, the Iraqi
extradition process contemplates a request to the MFA,
which should transfer the request to the MOJ, which
should pass the extradition package to a Court of
Felony for it to consider, and decide whether to
recommend extradition. As in U.S. practice, the Iraqi
MFA, in consultation with the MOJ, can deny
extradition even when a court has authorized it.)
Satterfield