Identifier
Created
Classification
Origin
06BAGHDAD1986
2006-06-12 12:04:00
CONFIDENTIAL
Embassy Baghdad
Cable title:
VIEWS OF IRAQI CHIEF JUSTICE ON GOVERNMENT,
how-toVZCZCXRO5598 RR RUEHBC RUEHDE RUEHIHL RUEHKUK DE RUEHGB #1986 1631204 ZNY CCCCC ZZH R 121204Z JUN 06 FM AMEMBASSY BAGHDAD TO RUEHC/SECSTATE WASHDC 5035 INFO RUCNRAQ/IRAQ COLLECTIVE RUEKJCS/SECDEF WASHINGTON DC RUEAWJA/DEPT OF JUSTICE WASHDC RHEHNSC/WHITE HOUSE NSC WASHINGTON DC
C O N F I D E N T I A L BAGHDAD 001986
SIPDIS
SIPDIS
DOJ FOR DEPUTY ATTORNEY GENERAL
E.O. 12958: DECL: 06/11/2016
TAGS: PINS PGOV PHUM KJUS IZ
SUBJECT: VIEWS OF IRAQI CHIEF JUSTICE ON GOVERNMENT,
JUDICIARY
Classified By: ROL Coordinator James Yellin for Reason 1.4 (d)
C O N F I D E N T I A L BAGHDAD 001986
SIPDIS
SIPDIS
DOJ FOR DEPUTY ATTORNEY GENERAL
E.O. 12958: DECL: 06/11/2016
TAGS: PINS PGOV PHUM KJUS IZ
SUBJECT: VIEWS OF IRAQI CHIEF JUSTICE ON GOVERNMENT,
JUDICIARY
Classified By: ROL Coordinator James Yellin for Reason 1.4 (d)
1. (C) SUMMARY: Iraqi Chief Justice al-Mahmoud told us on
May 30 that members of the new Iraqi government and
parliament owe their allegiances to their parties and sects
rather than to the country as a whole. Al-Mahmoud said
extremist factions within the new government and parliament
want to create a weak judiciary. He complained about a lack
of cooperation between the police and judicial investigators,
and he said that a shortage of prosecutors more than a
shortage of judges hinders the judicial process. (Comment:
The remarks of al-Mahmoud notwithstanding, we believe that at
least 1,200 judges are required. End Comment.) END SUMMARY.
THE NEW IRAQI GOVERNMENT
--------------
2. (C) Iraqi Supreme Court Chief Justice and President of
the Higher Juridical Council (HJC) Medhat al-Mahmoud told
State Department Rule of Law (ROL) Coordinator Hanrahan, INL
Iraq ROL Advisor Garcia, and Embassy ROL Coordinator that
members of the new Iraqi government and parliament owe their
allegiances to their parties and sects rather than to the
country as a whole. Al-Mahmoud said that members of the new
government and parliament will use their positions to promote
narrow sectarian or party agendas.
JUDICIAL LEGISLATION
--------------
3. (C) Al-Mahmoud, a secular Shia and political independent,
expressed particular concern that extremist Sunni and Shia
factions in parliament aim to create a weak judiciary by
passing legislation that will undermine judicial
independence. Al-Mahmoud requested U.S. intervention to
preserve judicial independence and ensure a role for the HJC
in drafting judicial legislation. Embassy ROL Coordinator
replied that the U.S. mission agrees entirely on the need for
an independent judiciary.
LACK OF JUSTICE INTEGRATION
--------------
4. (C) Al-Mahmoud said interministerial cooperation between
the HJC and the ministries of interior, defense and justice
has nearly halted, hindering the justice process. He added
that poor police investigations and lack of cooperation
between the police and judicial investigators hampers
prosecutions.
LACK OF JUDICIAL STAFF
--------------
5. (C) Al-Mahmoud told us that a shortage of prosecutors is
a larger problem than a shortage of judges. Al-Mahmoud said
he will take steps to address the shortage of prosecutors by
appointing 80 practicing lawyers as prosecutors in 2006. He
added that in 2007 he will appoint 120 of the 180 students at
the Judicial Training Institute as prosecutors and 60 as
judges. He noted that prosecutors can also serve as
investigative judges.
COMMENT
--------------
6. (C) The remarks of al-Mahmoud notwithstanding, we believe
there is an immediate need for more judges. Al-Mahmoud has
told us on two previous occasions that 1,200 judges are
needed, compared to the current level of 720. We agree that
at least 1,200 are required.
KHALILZAD
SIPDIS
SIPDIS
DOJ FOR DEPUTY ATTORNEY GENERAL
E.O. 12958: DECL: 06/11/2016
TAGS: PINS PGOV PHUM KJUS IZ
SUBJECT: VIEWS OF IRAQI CHIEF JUSTICE ON GOVERNMENT,
JUDICIARY
Classified By: ROL Coordinator James Yellin for Reason 1.4 (d)
1. (C) SUMMARY: Iraqi Chief Justice al-Mahmoud told us on
May 30 that members of the new Iraqi government and
parliament owe their allegiances to their parties and sects
rather than to the country as a whole. Al-Mahmoud said
extremist factions within the new government and parliament
want to create a weak judiciary. He complained about a lack
of cooperation between the police and judicial investigators,
and he said that a shortage of prosecutors more than a
shortage of judges hinders the judicial process. (Comment:
The remarks of al-Mahmoud notwithstanding, we believe that at
least 1,200 judges are required. End Comment.) END SUMMARY.
THE NEW IRAQI GOVERNMENT
--------------
2. (C) Iraqi Supreme Court Chief Justice and President of
the Higher Juridical Council (HJC) Medhat al-Mahmoud told
State Department Rule of Law (ROL) Coordinator Hanrahan, INL
Iraq ROL Advisor Garcia, and Embassy ROL Coordinator that
members of the new Iraqi government and parliament owe their
allegiances to their parties and sects rather than to the
country as a whole. Al-Mahmoud said that members of the new
government and parliament will use their positions to promote
narrow sectarian or party agendas.
JUDICIAL LEGISLATION
--------------
3. (C) Al-Mahmoud, a secular Shia and political independent,
expressed particular concern that extremist Sunni and Shia
factions in parliament aim to create a weak judiciary by
passing legislation that will undermine judicial
independence. Al-Mahmoud requested U.S. intervention to
preserve judicial independence and ensure a role for the HJC
in drafting judicial legislation. Embassy ROL Coordinator
replied that the U.S. mission agrees entirely on the need for
an independent judiciary.
LACK OF JUSTICE INTEGRATION
--------------
4. (C) Al-Mahmoud said interministerial cooperation between
the HJC and the ministries of interior, defense and justice
has nearly halted, hindering the justice process. He added
that poor police investigations and lack of cooperation
between the police and judicial investigators hampers
prosecutions.
LACK OF JUDICIAL STAFF
--------------
5. (C) Al-Mahmoud told us that a shortage of prosecutors is
a larger problem than a shortage of judges. Al-Mahmoud said
he will take steps to address the shortage of prosecutors by
appointing 80 practicing lawyers as prosecutors in 2006. He
added that in 2007 he will appoint 120 of the 180 students at
the Judicial Training Institute as prosecutors and 60 as
judges. He noted that prosecutors can also serve as
investigative judges.
COMMENT
--------------
6. (C) The remarks of al-Mahmoud notwithstanding, we believe
there is an immediate need for more judges. Al-Mahmoud has
told us on two previous occasions that 1,200 judges are
needed, compared to the current level of 720. We agree that
at least 1,200 are required.
KHALILZAD