C O N F I D E N T I A L BAGHDAD 002632

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/22/2016
TAGS: PHUM PGOV PINS KDEM IZ
SUBJECT: IRAQI MINISTER OF INTERIOR NONCOMMITTAL ON ARREST
ORDERS

REF: BAGHDAD 1960

Classified By: ROL Coordinator James Yellin for Reason 1.4 (d)

SUMMARY


1. (C) Embassy Rule of Law (ROL) Coordinator urged Iraqi
Minister of Interior Bolani to execute immediately the arrest
orders for people implicated in abuses at the detention
facility known as Site 4. Bolani was noncommittal. Comment:
Execution of the arrest orders by Bolani would help
demonstrate that he is committed to holding ministry
employees accountable for human rights abuses. END SUMMARY.

BACKGROUND


2. (C) On July 16 Poloff, PolMiloff, and ROL Coordinator met
with Iraqi Minister of Interior Jawad al-Bolani to discuss
the investigation into the abuses at Site 4 (reftel).


3. (C) By way of background, on June 27 an Iraqi
investigative judge issued arrest orders for 52 MOI employees
implicated in abuses at Site 4. These orders were issued on
the basis of evidence collected by the Major Crimes Task
Force, which consists of Iraqi investigators supported by FBI
and other U.S. investigators. As of July 22, none of the
orders had been executed.


4. (U) Under Iraqi law Bolani can prevent execution of the
arrest orders. Paragraph 136 of the 1971 Law on Criminal
Proceedings provides that transfer of an accused employee for
trial of an offense committed during performance of, or as a
consequence of, his official duties is only possible with
permission of the responsible minister.

NEED TO EXECUTE ARREST ORDERS


5. (C) ROL Coordinator gave Bolani the names of the ten MOI
employees identified by the Major Crimes Task Force as having
committed the most egregious offenses. These people include
Major General Mahdi Sobiah, Commander of the Second Division
of the National Police.


6. (C) ROL coordinator urged Bolani to execute immediately
the arrest orders, at least for the ten most egregious
offenders. Embassy Legatt Bland and TF-134 Commanding
General Gardner made a similar demarche to Bolani on July 9.
On both occasions, Bolani was noncommittal.


7. (C) Bolani told ROL Coordinator that a committee headed
by the Inspector General of the Ministry of Interior had been
established to review the names for which arrest warrants had
been issued. He also said that a committee in the office of
the prime minister was looking into ways to deal with human
rights abuses.

CONDITIONS AT SITE 4


8. (C) Rule of Law Coordinator noted that about 700
detainees remained at Site 4 and that they were suffering
from scabies and unsanitary conditions. (About 700 detainees
have been transferred from Site 4 to other sites, including
the Ministry of Justice prison at Rusafa. The remaining
detainees were to be transferred after investigative judges
complete reviewing their files.)


9. (C) Bolani replied that he was committed to ensuring the
humane treatment of all detainees, including those at Site 4.
He said that he would immediately contact Site 4 to ensure
that the detainees were treated correctly.

COMMENT


10. (C) Execution of the arrest orders by Bolani would send
a message to ministry employees and others that he is
committed to holding people accountable for human rights
abuses. Failure to execute the arrest orders would have a
contrary effect.
KHALILZAD