IECI STANDS UP TO DE-BA'ATHIFICATION COMMISSION

C O N F I D E N T I A L BAGHDAD 004979

SIPDIS

E.O. 12958: DECL: 12/13/2015
TAGS: PNAT PGOV PTER KDEM IZ
SUBJECT: IECI STANDS UP TO DE-BA'ATHIFICATION COMMISSION

REF: A. BAGHDAD 4870

B. BAGHDAD 4857

C. BAGHDAD 4626

Classified By: CLASSIFIED BY POLITICAL COUNSELOR ROBERT FORD FOR REASON
S 1.4 (B) AND (D).


1. (C) Summary. In a press release distributed
December 11, the IECI stated that it would not follow
the recommendation of the National De-Ba'athification
Commission (NDC) to disqualify any election
candidates, citing the lack of evidence to
substantiate the complaint being made. On December
12, Jwad al-Maliki, Deputy Chairman of the De-
Ba'athification Commission and prominent member of the
Da'wa Party visited the IECI Board of Directors with
members of the De-Ba'athification Commission in tow to
complain about this decision. During this contentious
meeting, the Commissioners held their ground and
refused to change their decision. End Summary.


2. (C) International Commissioner Craig Jenness
explained to PolOff that al-Maliki came over to meet
with the IECI Commissioners on December 12 noting that
he was authorized by the De-Ba'athification Commission
to speak out against the recent IECI statement.
During this meeting, al-Maliki threatened the IECI
Board of Directors by saying that he would go public
to denounce the IECI for failing to comply with the
applicable De-Ba'athification laws. According to
Jenness, the IECI Board did not respond favorably to
this threat and held its ground. (Comment: on
December 13 Jwad al-Maliki appeared prime time on pro-
SCIRI al-Furat TV complaining of the IECI decision and
warning viewers of the return of a "new Baath Party"
in the elections. End Comment.)


3. (C) Jenness told PolOff that he found this type of
meeting disturbing, taking into account that a major
political party member called on the IECI as a ranking
member of a NDC delegation for the purpose of
challenging IECI policy. Jenness also said he
considered this visit ironic given Chalabi's stance on
de-Ba'athification and his apparent agreement with the
IECI's decision on this topic.


4. (C) Later that day, IECI Chairman Izadin Al-
Mohammady told PolOffs that the IECI Board strongly
argued against NDC representatives by explaining that
the IECI would not simply rely on a list of names on
paper without any documentation. The Chairman
declared that it was against the law to simply take an
accusation at face value without any evidence. Al-
Mohammady, who during the course of the discussion
became visibly agitated, continued by saying that IECI
Board members want to uphold a transparent process and
not be associated with any political entity. Although
the NDC claims it is unbiased, al-Mohammady said, this
is cannot be true given that its members are
candidates themselves.


5. (C) The IECI told the De-Ba'athification Commission
that they could appeal the decision to the Supreme
Court, if need be, and that any council member-elect
later proven to be covered by the De-Ba'athification
law could be disqualified at such time. Al-Mohammady
told PolOffs that the IECI would have to release
another De-Ba'athification statement in preparation
for the press conference that the Commission said it
would hold on December 12 to complain about the IECI.


6. (C) Comment. After much back and forth about a
final course of action, the IECI has decided to take a
strong stand towards the NDC. This decision, which
has taken weeks to reach, has strengthened the
independent status of the IECI. The IECI decision
will strengthen the credibility of the election in the
eyes of supporters of former PM Ayed Allawi, who had
complained of the de-Baath commission's interference.
It will also have some resonance among Sunni Arab
areas, but it could also trigger greater support for
the Shia Islamist list from alarmed voters in
predominantly Shia regions. End Comment.
KHALILZAD