MOI DETENTION FACILITY INSPECTED: OVERCROWDED,

C O N F I D E N T I A L BAGHDAD 001241 SIPDIS SIPDIS E.O. 12958: DECL: 04/16/2016 TAGS: IZ MARR MOPS PGOV PHUM DOJ CRIM OPDAT SUBJECT: MOI DETENTION FACILITY INSPECTED: OVERCROWDED, FILTHY, JUVENILES HELD, NO JUDGES Classified By: ROL SENIOR ADVISOR James Yellin for reasons 1.4 (a) and (d) ¶1. (C) SUMMARY: On April 5, the Iraqi-U.S. Joint Inspection Detention Facility Team (JIDFT) conducted its seventh unannounced inspection of an Iraqi detention facility. The inspection took place at the Ministry of Interior (MoI) National Police Division Headquarters located at Forward Operating Base Justice. The facility was found to be overcrowded and filthy. A total of 657 detainees, including 17 juveniles, are housed in four rooms. (NOTE: According to Iraqi law, juveniles are to be held in separate facilities managed by the Ministry of Labor (MOL) END NOTE.) There were files for each detainee, but none of them contained judicial orders. We were told the judicial orders had all been temporarily sent to the Ministry of Justice (MoJ) for accounting purposes relating to the fact that MoJ has recently taken the responsibility for the feeding of the detainees. ¶2. (C) SUMMARY CONT. The majority of the detainees have been held in this facility for more than two months; many others have been held there for over eight months. The majority of detainees said they have seen a judge one time since their arrival. However, neither of the two investigative judges assigned to the facility were on duty at the time of the inspection, despite it being a work day. We were told the absence of the judges is a common occurrence. We surmise this may be a contributing factor to the high numbers of detainees languishing in this facility. ¶3. (C) SUMMARY CONT. In terms of abuse, only a few detainees reported physical abuse at the police battalion facilities where they were placed immediately after arrest, and prior to coming to the Division facility. None claimed to have been abused at the facility itself. However, a number of detainees alleged to the team that the juveniles were being subjected to sexual abuse. END SUMMARY. -------------- PRIMARY AREAS OF CONCERN -------------- ¶4. (C) Detention housing. The 657 detainees in the facility areheld in four separate rooms: three small rooms (approximately 30 feet x 75 feet) held 137 each; one larger room (approximately 50 feet x 100 feet)held 246. Inside the three smaller rooms there is barely enough room for the detainees to sit together on the bare floor and there is not enough room for all of them to lie down at the same time. In the larger room the detainees sit in several orderly rows on the tiled floor but again, there is insufficient room for them all to recline at once. None of the rooms have running water or bedding. Detainees remain in these "holding pens" most of the time. They are only allowed outside once a day to visit a portable latrine. ¶5. (C) Cleanliness. The rooms are unswept,poorly lit, and lack ventilation. The odor in each room is vile. Detainees are only rarely allowed showers, and most said they have not showered in months. This was confirmed by the staff. The lack of showers has led to a deterioration of health conditions. Lice, skin rashes, and an overall unsanitary atmosphere pose ongoing problems. ¶6. (C) Food and water. It appears that detainees are sufficiently fed. They receive food, which is provided by MoJ, twice daily. Provision of drinking water appears to be insufficient. ¶7. (C) Medical Care. The facility has one on-site physician's assistant who was present at the time of the inspection. Many detainees appear to be in need of routine medical care for minor illnesses or pre-existing medical conditions. One of the detainees currently being held lay on his back in a separate room. He was very weak, thin, and despondent. The JIDFT was told he is separated from the rest because he suffers from tuberculosis. A list of drugs he is currently taking to address the illness was provided. The team was told that when urgent medical care is needed detainees are taken to an Iraqi hospital for care. ¶8. (C) Physical and sexual abuse. None of the of the detainees complained of recent abuse, although some alleged they had been subject to physical abuse when initially arrested by the police. Several detainees claimed that juvenile detainees are being sexually abused. This was not confirmed or alleged by any of the juveniles themselves. ¶9. (C) Juveniles. The facility holds 17 juveniles. According to Iraqi law, juveniles are to be detained in separate facilities managed by the Ministry of Labor (MoL). It seems at least some of the juveniles are being held merely because they were present in homes at which MoI units conducted raids. When asked about one 16 year old boy who was seen crying throughout the visit, the JIDFT was told the only reason he is being held is because MoI unit went to arrest his "uncle" for kidnapping, and the boy was present in the house with him. When asked if the boy could be released, the facility manager responded that he could, the next time the investigative judge is on-site. (NOTE: On April 9, Iraqi JIDFT members requested a status update on the boy. According to facility management, he was still being held, as neither of the two judges assigned to the facility had reported to work. END NOTE.) ¶10. (C) Time in detention. The majority of detainees said they have been in this facility for more than two months and some for over eight. No judicial orders or records were available for review. JIDFT was told that the detainees' paperwork had been sent temporarily to MoJ for accounting purposes. They also conveyed that about 60 detainees had recently been transferred from a different detention center without judicial orders. During the inspection 56 detainees were released. According to the MoI staff this was a pre-planned event that had not been staged for the benefit of JIDFT. ¶11. (C) Lack of investigative judges. There are two investigative judges assigned to this facility. Neither was present at the time of our visit. (NOTE: In the seven inspections conducted thus far, only once did we find a judge on-site. Investigative judges are supposed to be assigned to detention facilities throughout Iraq and are to report to duty throughout the work week. END NOTE.) Despite the fact that the majority of detainees reported they had seen a judge once, it appears that the sheer volume of detainees has overwhelmed the ability of judges to process the cases expeditiously. The fact there are no judicial records or judges at this facility makes it impossible to process any cases at all. Moreover, according to facility officials, given overcrowded conditions at Iraqi MOJ prisons, some detainees were ordered to remain at this MOI facility even after having been convicted at trial. ¶12. (C) Lack of Family visits. There is no official visitation day. However, some detainees reported having a family visit approximately 3-4 months ago. When confronted, the staff stated that they would, in the future, allow visits one day each month. JIDFT understands MoI headquarters has ordered all facilities to allow visitation at least once a month. ¶13. (C) Ethnic-Sectarian Issues. In an informal poll conducted during the inspection, it was found that the overwhelming majority of the detainees were Sunni Arabs from the Baghdad area. -------------- FOLLOW UP ACTION -------------- ¶14. (C) Iraqi and MNF-I JIDFT representatives will draft separate findings to submit to the Office of the Prime Minister and the Minister of Interior. ¶15. (C) The commander of the U.S. Special Police Training Team that is located at FOB Justice indicated that he had discussed with Iraqi General Mahdi(the commanding general of the facility) plans to use existing and newly constructed outlying buildings (utilizing MNSTC-I funds that have already been authorized) to expand the amount of living room available for detainees. Additionally, he and Mahdi had discussed plans for an outdoor shower and &recreational8 space. While these tentative plans would have a positive impact on detainee living conditions if carried out, the plans did not envision expanding the facility to accommodate greater numbers of detainees. JDFIT should follow up to check the status of these plans. ¶16. (C) The JIDFT member from the Iraqi Ministry of Human Rights will send staff to the facility next week to follow up on: the status of individuals detained without personal files; the progress made by the detention management to implement a family visitation policy; the status of the investigative judges assigned to the facility; and the status of juvenile detainees. ¶17. (C) PolMil, DoJ, and MNF-I Task Force 134 representatives are working with members of the Iraqi judiciary including Chief Judge Medhat Mahmood to improve the capacity of the judiciary to address and adjudicate in a more timely fashion the number of detainees held in facilities throughout the country. In that undertaking, TF-134 Commanding General of Jack Gardner and Acting Justice Attach are planning to meet with Medhat in the near future to present a proposal to ensure the assignment of Iraqi investigative judges to detention facilities on a regular basis. In addition, Acting Justice Attach has arranged for three investigative judges to accompany and work with the JIDFT scheduled to conduct another inspection on April 25. -------------- COMMENT -------------- ¶18. (C) COMMENT: The joint inspections conducted thus far confirm that the Iraqi detention system is overcrowded, underfunded, mismanaged, and inherently abusive. Iraqi commitment to making the necessary systemic improvements is lacking, if it exists at all, and instead of working to improve conditions, the relevant ministries trade accusations about who is to blame for the problems. Real reform of this sector will take Iraqi commitment, Iraqi resources, Iraqi time, and Iraqi coordination across several ministries. ¶19. (C) COMMENT CONT. Perhaps most daunting, it will also take a fundamental Iraqi change of mentality and outlook toward the whole issue of how to humanely treat detainees and prisoners. As commented upon previously, detainees are regularly left to languish in substandard "warehouse" situations without access to families or legal counsel, under the supervision of poorly trained guards operating without clear authorities. Many detainees lack complete case files; intimidation and bribery of judges and forced confessions present serious issues. Further, limited judicial capacity mandates long waits for detainee hearings and trials. To the Iraqi authorities, and perhaps to the public at large, all this is considered to be "normal." MNF-I and Embassy officials will continue in our efforts to assist the Iraqis with detention reform. However, the new Iraqi government, once established, must make reform a priority. KHALILZAD