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