Identifier
Created
Classification
Origin
06BAGHDAD1324
2006-04-24 10:02:00
CONFIDENTIAL
Embassy Baghdad
Cable title:
JUDGES TO TRIAGE TARGETED IRAQI DETAINEES
how-toVZCZCXRO1995 PP RUEHBC RUEHDE RUEHIHL RUEHKUK RUEHMOS DE RUEHGB #1324 1141002 ZNY CCCCC ZZH P 241002Z APR 06 FM AMEMBASSY BAGHDAD TO RUEHC/SECSTATE WASHDC PRIORITY 4051 INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY RHEHAAA/WHITE HOUSE WASHDC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY RUEKJCS/DIA WASHDC PRIORITY RUEKJCS/JOINT STAFF WASHDC PRIORITY RUCNFB/FBI WASHDC PRIORITY RUEAIIA/CIA WASHDC PRIORITY RHMFISS/CDR USCENTCOM MACDILL AFB FL PRIORITY RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
C O N F I D E N T I A L BAGHDAD 001324
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/23/2016
TAGS: PHUM PGOV PINS PTER OPDAT IZ
SUBJECT: JUDGES TO TRIAGE TARGETED IRAQI DETAINEES
Classified By: Political-Military Affairs Counselor David C. Litt
C O N F I D E N T I A L BAGHDAD 001324
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/23/2016
TAGS: PHUM PGOV PINS PTER OPDAT IZ
SUBJECT: JUDGES TO TRIAGE TARGETED IRAQI DETAINEES
Classified By: Political-Military Affairs Counselor David C. Litt
1. (C) At an April 23 meeting with MNF-I Deputy
Commanding General - Detainee Operations, Acting
Justice Attache, and Pol-MilOff, Judge Medhat Mahmoud,
President of the Iraqi Higher Juridical Council (HJC),
agreed to identify and deploy emergency panels of
Iraqi investigative judges to triage critical Iraqi
prisoner populations - including the so-called
"Jadiriyah Bunker" and "Site 4" detainees (see paras
4-5) - currently lacking access to due process.
2. (C) MNF-I will provide armored transport for the
judicial panels, which will interview and ensure
appropriate judicial action (release or expedited
processing) on-site for prisoners held in Iraqi
facilities, particularly those whose detention is
irregular/undocumented and those who have experienced
prolonged pre-trial detention without access to
judicial review/counsel. Post will accompany initial
expeditions and report on their progress.
3. (C) Judge Medhat also named a three-judge panel to
accompany joint Iraqi-Coalition detention facility
inspections starting April 25th. This panel has been
given written authority by Medhat to exercise
jurisdiction within Iraqi Ministry of Interior (MOI),
Defense (MOD),and Justice (MOJ) facilities, and will
be expected to authorize appropriate releases and
(critically, in the cases of juvenile prisoners)
transfers during the course of inspections.
4. (C) START BACKGROUND: Judicial inattention, under-
capacity and intimidation are significant contributors
to the poor material conditions and treatment common
at MOI and MOD detention facilities. Iraqi pre-trial
prisoners often linger for months in overcrowded,
unsanitary, under-supplied warehouses managed by
inexperienced guards while awaiting judicial hearings
that should, in a functioning system, lead to their
speedy release or trial in Iraqi court.
5. (C) Notably, of the 168 prisoners transferred from
the Jadiriyah Bunker to the MOJ Rusafa Prison in
November 2005, one-third have yet to appear before a
judge, and none appear to be under active preparation
for trial. The 75 prisoners transferred from the MOI
Site 4 facility to Rusafa in December 2005 have fallen
into the same limbo, despite the fact that 46 are
wholly undocumented and would appear to be held
without legal basis. END BACKGROUND.
6. (C) START COMMENT: This is not the first time the
HJC has been approached with requests that it take
action on specific groups of detainees whom we have
identified as subject to egregious judicial neglect.
However, we are hopeful that MNF-I's provision o
transport and security escort, and perhaps the
presence of Post officers, may encourage greater
initiative and interest in adjudicating these cases
from the designated judges.
KHALILZAD
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/23/2016
TAGS: PHUM PGOV PINS PTER OPDAT IZ
SUBJECT: JUDGES TO TRIAGE TARGETED IRAQI DETAINEES
Classified By: Political-Military Affairs Counselor David C. Litt
1. (C) At an April 23 meeting with MNF-I Deputy
Commanding General - Detainee Operations, Acting
Justice Attache, and Pol-MilOff, Judge Medhat Mahmoud,
President of the Iraqi Higher Juridical Council (HJC),
agreed to identify and deploy emergency panels of
Iraqi investigative judges to triage critical Iraqi
prisoner populations - including the so-called
"Jadiriyah Bunker" and "Site 4" detainees (see paras
4-5) - currently lacking access to due process.
2. (C) MNF-I will provide armored transport for the
judicial panels, which will interview and ensure
appropriate judicial action (release or expedited
processing) on-site for prisoners held in Iraqi
facilities, particularly those whose detention is
irregular/undocumented and those who have experienced
prolonged pre-trial detention without access to
judicial review/counsel. Post will accompany initial
expeditions and report on their progress.
3. (C) Judge Medhat also named a three-judge panel to
accompany joint Iraqi-Coalition detention facility
inspections starting April 25th. This panel has been
given written authority by Medhat to exercise
jurisdiction within Iraqi Ministry of Interior (MOI),
Defense (MOD),and Justice (MOJ) facilities, and will
be expected to authorize appropriate releases and
(critically, in the cases of juvenile prisoners)
transfers during the course of inspections.
4. (C) START BACKGROUND: Judicial inattention, under-
capacity and intimidation are significant contributors
to the poor material conditions and treatment common
at MOI and MOD detention facilities. Iraqi pre-trial
prisoners often linger for months in overcrowded,
unsanitary, under-supplied warehouses managed by
inexperienced guards while awaiting judicial hearings
that should, in a functioning system, lead to their
speedy release or trial in Iraqi court.
5. (C) Notably, of the 168 prisoners transferred from
the Jadiriyah Bunker to the MOJ Rusafa Prison in
November 2005, one-third have yet to appear before a
judge, and none appear to be under active preparation
for trial. The 75 prisoners transferred from the MOI
Site 4 facility to Rusafa in December 2005 have fallen
into the same limbo, despite the fact that 46 are
wholly undocumented and would appear to be held
without legal basis. END BACKGROUND.
6. (C) START COMMENT: This is not the first time the
HJC has been approached with requests that it take
action on specific groups of detainees whom we have
identified as subject to egregious judicial neglect.
However, we are hopeful that MNF-I's provision o
transport and security escort, and perhaps the
presence of Post officers, may encourage greater
initiative and interest in adjudicating these cases
from the designated judges.
KHALILZAD