Identifier
Created
Classification
Origin
06BAGHDAD3506
2006-09-19 12:43:00
CONFIDENTIAL
Embassy Baghdad
Cable title:  

PM,S OFFICE NOTES PROBLEMS WITH THE ANTI-CORRUPION

Tags:  ECON KCOR PGOV PREL IZ 
pdf how-to read a cable
VZCZCXYZ0000
PP RUEHWEB

DE RUEHGB #3506/01 2621243
ZNY CCCCC ZZH
P 191243Z SEP 06
FM AMEMBASSY BAGHDAD
TO RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 6980
RHEHAAA/WHITE HOUSE WASHINGTON DC//NSC// PRIORITY
C O N F I D E N T I A L BAGHDAD 003506 

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/15/2016
TAGS: ECON KCOR PGOV PREL IZ
SUBJECT: PM,S OFFICE NOTES PROBLEMS WITH THE ANTI-CORRUPION
SYSTEM IN IRAQ

Classified By: Classified By: CHARGE D' AFFAIRES, A.I., DANIEL SPECKHAR
D, FOR REASONS 1.4 (B) and (D).

C O N F I D E N T I A L BAGHDAD 003506

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/15/2016
TAGS: ECON KCOR PGOV PREL IZ
SUBJECT: PM,S OFFICE NOTES PROBLEMS WITH THE ANTI-CORRUPION
SYSTEM IN IRAQ

Classified By: Classified By: CHARGE D' AFFAIRES, A.I., DANIEL SPECKHAR
D, FOR REASONS 1.4 (B) and (D).


1. (C) SUMMARY: During a meeting on September 14 with the
State Department Inspector General, Charge, and EconCouns,
the Prime Minister's Chief of Staff remarked corruption is
equal to the dangers of terrorism, and asked for U.S.
assistance to solve Iraq,s corruption problem. He noted the
controversy with the CPI throwing people in jail with minimal
evidence, and further stated the anti-corruption structure in
Iraq may need to be changed. The State IG mentioned the
Embassy is planning to create advisor positions to each of
the three major anti-corruption institutions with an overall
coordinator under one umbrella office, and asked if the GOI
would consider creating a similar structure to oversee an
integrated effort. END SUMMARY

--------------
PM Promotes Increased IG Independence
--------------


2. (C) On September 14, State Inspector General Howard
Krongard, Charge D' Affaires Daniel Speckhard, State Deputy
Inspector General William Todd, and Economic Counselor Daniel
Weygandt met with the Prime Minister,s Chief of Staff (PM
COS) Dr. Tarik Najem Abdullah to discuss anti-corruption
efforts in Iraq.


3. (C) The PM's COS Dr. Tarik stated the PM is interested in
creating a new organization for the IGs, and on August 23 in
a meeting with all of the Iraqi IGs, the PM tasked the IGs to
create new bylaws to make them more independent. We heard
that during this meeting, the PM stated he wants to change
CPA Order 57 to rescind Ministers' firing authority of IGs
and instead, give hiring and firing authority to the PM. Dr.
Tarik further stated adjudicating cases in the courts has
been a problem because of mistakes made in investigations.
The COS said these issues may be related to the structure of
the government, and noted that the anti-corruption system has
deteriorated over the last two months.


4. (C) Dr. Tarik asked if it would be better for the IGs to
be a separate body. The State IG said he could give options

for hiring and firing authority, independence, the IG's
budget, and other issues, but the GOI would have to decide
what works best with Iraq's system, culture, and objectives.
The Charge added that the anti-corruption institutions
probably should not be completely free-standing
organizations, and that further definition of the authorities
and roles was necessary, keeping in mind a discussion of
responsibilities as well as the need for checks and balances.

--------------
One Reason for Lack of GOI Budget Execution
--------------


5. (C) Dr. Tarik said the Commission on Public Integrity
(CPI) has created a situation impeding the work of the
government where people are afraid to do their jobs, and is
causing delay in disbursement of the government budget (see
comment at end of telegram). The Charge noted the GOI needs
to focus on adjudicating obvious corruption cases across
sectarian lines. To date, lack of transparency and a sense
of bias have created an underlying current of fear in the
lower and mid-level part of the bureaucracy. This has caused
officials to avoid signing documents related to expenditure
of funds and has undermined the ability of the GOI to execute
their budget. This prosecution of some individuals while
other "bigger fish" are left untouched adds to the sense of
an unfair application of the law. The Charge stressed the
GOI needs to build a more transparent system that highlights
the non-sectarian impartiality They can begin by prosecuting
senior officials across sectarian lines. Dr. Tarik agreed,
stating sectarianism is a problem and the PM is trying to
show hiring is not based on sectarianism.

--------------
PM COS: Dr. Adel, He's Our Man
--------------


6. (C) In June, the Ministry of Health IG and elected IG
Chairman Dr. Adel Muhsin Abdullah, nominated himself to
become the PM's Anti-Corruption Coordinator. Although we
agree a position to coordinate the three institutions is not
a bad idea, we have reservations with Dr. Adel filling this
role. The coordinator position should be held by someone who
is independent from the three institutions to limit the
appearance of bias. Dr. Adel's appointment was made in a
non-transparent manner, with no input from the Board of
Supreme Audit (BSA),CPI, nor any other IGs. This has caused
tension between Dr. Adel, some IGs and the other

anti-corruption institutions, namely the CPI. The CPI's
Commissioner Judge Rhadhi al-Rhadhi and Dr. Adel have opened
up corruption investigations on each other in an effort to
have the other removed from office and/or jailed.


7. (C) The State IG informed Dr. Tarik that the Embassy is
planning to create advisor positions to each of the three
main GOI anti-corruption institutions (an advisor to the CPI
already exists),with an overarching coordinator. The State
IG asked if the GOI would consider creating a similar
structure, stating he understood Dr. Adel is the IG
coordinator, and asked who would coordinate all three
organizations. The PM's COS replied Dr. Adel was selected to
be the overarching anti-corruption coordinator, has been the
MOH IG for two years, and was elected to be the Chairman of
the IGs. (Note: The letter appointing Dr. Adel on July 20 as
the Anti-Corruption Coordinator was signed by Dr. Tarik, not
the Prime Minister himself. EmbOffs learned in a September 16
meeting with Judge Rhadhi that Dr. Adel got Dr. Tarik his job
as PM COS. End Note)


8. (C) In a separate September 14 meeting, the State IG asked
the BSA President Dr. Abdul Basit his thoughts of the role of
IGs in Iraq. Dr. Basit remarked that a few days ago he
received a letter from Dr. Adel not to send a copy of a BSA
audit report on the MOH and its activities. Dr. Basit
continued "As long as they exist, I have to support them, but
I do not think they are effective."

--------------
Other IG Issues
--------------


9. (SBU) The State IG inquired about two issues previously
raised by Iraqi IGs: 1) Iraqi IG staff receiving hazardous
pay equitable to what is already offered to the CPI and BSA,
and 2) the establishment of a Transparency and Public Ethics
Training Istitute that will provide standardized training in
courses such as investigative producers and auditing. The
PM's COS stated these issues were being discussed.

--------------
Comment
--------------


10. (C) Since Dr. Adel,s appointment in June, we have seen
him regularly engage with the PM and PM's office, something
we do not see from the CPI. This may be affecting the way
the PM and his office view anti-corruption efforts in Iraq.
Dr. Adel and the PM are both from the Shia Dawa Party; we
have been hearing in the past couple of months that they have
been trying to replace others in anti-corruption positions
because of their political or sectarian affiliations. One
anecdotal example is from the former Ministry of Construction
and Housing IG Mr. Qutaiba who was removed from his position
in April due to De-Baathification allegations although he had
substantial documentation showing he was not a Baath party
member. IG Qutaiba said the IGs for the Ministries of Human
Rights and Higher Education were also targeted because they
were Sunni.

11 (C) We are stuck with a system whereby those who have
protection from their Ministers have immunity or at least
favorable treatment awaiting trial and everyone else can be
jailed for allegations of relatively minor offenses. This
issue lies not only with the CPI, but also the IGs and BSA
who have been forwarding cases that lack sufficient evidence
to be tried in the Central Criminal Court of Iraq (CCCI).
Unlike the U.S. where probable cause is needed for any
detention, in Iraq a simple allegation and witness or written
statement accusing someone of wrongdoing is enough to throw
someone in jail, sometimes for up to two years without seeing
a judge. The encouraging news is that the anti-corruption
institutions recognize this issue and have recently formed a
committee to include the CPI, BSA, IGs, the CCCI, the
Ministries of Justice and Interior, and the COR Integrity
Committee to review and de-conflict the legislation that
created each of the anti-corruption institutions. They plan
to work together to improve investigation standards, showing
they are at least trying to resolve these issues.
SPECKHARD