IRAQ: JUSTICE DELAYED

C O N F I D E N T I A L BAGHDAD 004995

SIPDIS

E.O. 12958: DECL: 12/14/2015
TAGS: PGOV PHUM PINR KDEM IZ
SUBJECT: IRAQ: JUSTICE DELAYED

Classified By: POLITICAL COUNSELOR ROBERT FORD FOR REASONS
1.4 (B) AND (D).


1. (C) SUMMARY. Kareem Al Jaaf, a respected council member
in the Karkh District of Baghdad and Baghdad City Council
member, has been held in detention for four months, with
only intermittent access to a lawyer. He was accused of
kidnapping by a neighbor and taken to jail. While waiting
for a trial he has suffered a heart attack and lost 30
percent of his body weight. A top member of the Baghdad
City Council has intervened in what he sees as a blatant
case of injustice. We report this case as an example of
the tribulations people can face in Iraq's dysfunctional
criminal justice system. END SUMMARY.


2. (C) Kareem was arrested on August 8, 2005 after being
accused of kidnapping a neighbor. He was also accused of
demanding $140,000 in ransom money, by the neighbor whom
his family and Dr. Riyadh Hassir Al Adhadh, the deputy
Chair of the Baghdad City Council and the Adhamiyah
District Council, describe as corrupt. Kareem, a Rotarian,
is a local businessman in the Karkh District of Baghdad.
He is also a member of the Karkh District Advisory Council
(DAC) and the Baghdad City Council. Kareem has been held
in detention at the Major Crimes Unit (MCU) Facility in
Baghdad for four months without trial, although he has
regularly appeared before an Investigative Judge.


3. (C) On December 11 PolOff accompanied Dr. Riyadh Hassir
Al Adhadh to the Central Criminal Courts Building in
Baghdad. The visit was used to review portions of the
legal process and obtain information pertaining to the
trial of Kareem. Dr. Riyadh provided a witness statement
for the defense. He testified Kareem was in a Baghdad City
Council Meeting at the time of the alleged kidnapping.
Other members of the council are also prepared to provide
statements in the defense of Kareem. Dr. Riyadh's
testimony was taken and then he was interviewed by an
Administrative Judge, Salim Al Mosry. The Judge said
"Kareem's defense appeared sound and facts in the case
indicated Kareem was innocent." However, the judge does
not have the authority to release Kareem. His guilt or
innocence must be declared by a trial judge; only then can
he be sentenced or released. No trial date has been set.
However, under Iraqi law an accused can be continuously
detained provided an Investigative Judge renews the
detention every 15 days, but to detain someone in excess of
six months requires the approval of the trial chamber.


4. (C) Kareem's case is based on his word against that of
his accuser. He has not been allowed bail, which does not
exist in Iraqi law, or any type of release pending a trial.
Instead, he has been held in detention for four months at
the Karadah MCU on the strength of an accusation made by a
person with a known history of hostility towards him.
While in detention Kareem has suffered a mild heart-attack.
Following a recent interview Dr. Riyadh estimated Kareem
had lost almost 30 percent of his body weight since
arriving in detention. At times he has not been allowed to
see his family, make a phone call, or be provided counsel
from his lawyer.


5. (C) Kareem has been a staunch supporter of Coalition
Forces in Iraq. He has been at the forefront of
reconstruction efforts. He was among the first members of
the Karkh DAC and an initial member of the Baghdad City
Council. He has provided the Embassy with information on
the political landscape and personalities of Baghdad.
Kareem has also provided significant information pertaining
to the identification of terrorist activities and location
of their hideouts.


6. (C) COMMENT: We provide Kareem's story as one example
of the current atmosphere within Iraqi detention centers.
This is a cogent example of what can happen when - despite
our best efforts to the contrary - the rule of law is not
firmly established in a political culture conditioned by
many years of abuse. Kareem himself observed that freedom
of speech might exist in Iraq, and the freedom to accuse
certainly does. Sunni Arab contacts in particular denounce
arrests made on the basis of accusations without proof.
KHALILZAD