DEATH OF SADDAM HUSSEIN DEFENSE ATTORNEY

S E C R E T SECTION 01 OF 02 BAGHDAD 002237 SIPDIS SIPDIS E.O. 12958: DECL: 06/26/2016 TAGS: PGOV PHUM KJUS KCRM KDEM IZ SUBJECT: DEATH OF SADDAM HUSSEIN DEFENSE ATTORNEY Classified By: A/DCM Daniel Speckhard for reasons 1.4 (B) and (D). ¶1. (S) SUMMARY: On the morning of June 21, multiple assailants entered the home of Khamees Al-Obeidi -- one of two principal Iraqi defense attorneys in the Ad-Dujayl trial of Saddam Hussein and his co-defendants. The assailants removed Khamees from his home, transported him to the Jamilah neighborhood area of Baghdad, and shot him six times before removing the body and dumping it near Sadr City. Khamees's wife contacted the Embassy within fifteen minutes of the kidnapping, and the Regime Crimes Liaison Office (RCLO) immediately provided her safe transport to secure housing within the International Zone (IZ) and arranged for the safe transport of other defense counsel into the IZ. The Iraqi High Tribunal (IHT) has stated that, despite the event, it intends to move forward with defense counsel closing statements as planned on July 10. END SUMMARY. -------------- KIDNAPPING OF KHAMEES AL-OBEIDI -------------- ¶2. (S) At approximately 0715 on June 21, six individuals broke into the home of Khamees Al-Obeidi and identified themselves as members of Iraq's Ministry of Interior. The six assailants reportedly were dressed in civilian clothes, carried Ministry of Interior badges, and were not wearing masks. Two assailants stated that they would kill Khamees's wife and children if Khamees did not come downstairs. Khamees obeyed this order and was escorted outside (wearing only his underwear and pulled by his hair) to a four door "Monica" Sedan waiting in front of the house alongside a two-door white pick-up truck. After Khamees was taken, four assailants began removed valuables from the home. ¶3. (S) The assailants allegedly transported Khamees to the vicinity of the Jamilah section of Baghdad and forced him to exit the car. Individuals in Iraqi Army uniforms allegedly marched Khamees down a public street while under a poster of Mohammad Sadiq As-Sadr. The assailants allegedly denounced Khamees as a Ba'ath Party member who was working to return Saddam Hussein to power. They proceeded to shoot Khamees (in front of a crowd of people) six times in the head, chest, and legs. They then transported Khamees's body to the Al Hai Market near to Sadr City where they dumped it. Khamees's body was discovered at around 1030. -------------- �0A;RESPONSE TO THE KIDNAPPING -------------- ¶4. (S) Khamees's wife contacted RCLO within fifteen minutes of the kidnapping, and RCLO immediately approached relevant MNF-I and Embassy assets to locate Khamees. In addition, RCLO approached representatives from Iraq's Prime Minister's Office and the Ministry of Interior to assist in the search for Khamees. Khamees's wife and family were transported to secure housing in the International Zone; the family remains under RCLO protection. ¶5. (S) Upon learning of Khamees's death, RCLO contacted all remaining IHT defense attorneys in Baghdad and offered to move them to the secure defense attorney facility in the IZ. Four defense attorneys accepted this offer, and two more are still considering it. Judge Ra'ouf stated that the trial would proceed as planned on July 10. On that day, defense counsel are scheduled to begin present closing arguments. -------------- SECURITY ARRANGEMENTS FOR DEFENSE COUNSEL -------------- - ¶6. (S) Before the Ad-Dujayl trial commenced in October 2005, RCLO offered all defense counsel security packages at least as robust as those offered to the IHT judges and prosecutors. The security packages included permanent housing inside the IZ. All the defense attorneys refused to relocate to the IZ. ¶7. (S) After two other IHT defense attorneys were murdered in October and November 2005, RCLO offered the remaining defense attorneys several security options. All defense counsel accepted the least robust option, which called for the defense attorneys to remain in the Red Zone with their families. The MOI agreed to outfit each defense attorney with a personal security detail (PSD) of his or her choosing; to provide each attorney's PSD team with weapons; and to ensure that the PSD teams were given weapon permits. Despite Al-Obeidi's acceptance of this option and repeated urgings by RCLO for Al-Obeidi to complete the necessary paperwork, he never submitted proper paperwork to the MOI to obtain the weapons permits and PSD support. Al-Obeidi reportedly relied BAGHDAD 00002237 002 OF 002 on PSD support that other members of Saddam Hussein's defense team provided to him. It is unknown if these PSDs were present at Khamees's home on the day he was abducted. -------------- PRIOR THREATS AGAINST KHAMEES AL-OBEIDI -------------- ¶8. (S) While trial was in session, Khamees Al-Obeidi resided in an IHT secure defense counsel facility in the IZ. When trial recessed, Khamees typically returned to Quarter 324, Street 52, House No. 19-his residence. Khamees's wife stated that there are only two ways to enter her neighborhood and that both entrances have MOI-controlled checkpoints. ¶9. (S) On Wednesday June 14, 2006, Khamees's wife stated that a neighbor visited her home and identified himself as a member of the Obeidi tribe. The neighbor apparently told Khamees's wife that Khamees's life was in danger. ¶10. (S) On June 16, Khamees and his wife visited the Raghibah Khatun Market in the Al-Adhamiyah section of Baghdad. While they were preparing to leave, an unidentified individual tapped on Khamees's car window. The person stated that people were planning to ambush and kill Khamees and that he should not drive forward. Khamees listened to this advice, turned his car around, and drove home using an alternate route. ¶11. (S) Immediately prior to his kidnapping, Khamees Al-Obeidi was residing in the IHT's secure defense counsel facility in the IZ. He was there to prepare for the closing statements of the Chief Prosecutor that took place on June ¶19. On June 20, Khamees departed the IZ via taxi and returned home. According to Khamees's wife, the taxi driver recognized Khamees and asked him whether he worked on the trial of Saddam Hussein. Khamees responded affirmatively to this question but requested the driver drop him off ten minutes from his home so that the taxi driver would not know exactly where Khamees lived. KHALILZAD