LEAHY IN IRAQ

S E C R E T BAGHDAD 003738 SIPDIS SIPDIS SECRET/REL MNF-I SIPDIS E.O. 12958: DECL: 10/08/2016 TAGS: PREL PHUM PINS MOPS IZ SUBJECT: LEAHY IN IRAQ REF: A. STATE 112478 ¶B. BAGHDAD 2740 ¶C. BAGHDAD 1647 ¶D. BAGHDAD 2675 ¶E. BAGHDAD 2632 ¶F. BAGHDAD 1960 ¶G. BAGHDAD 2842 ¶H. BAGHDAD 3243 ¶I. BAGHDAD 5037 Classified By: Ambassador Zalmay Khalilzad for Reasons 1.4 (b) and (d). ¶1. (U) Restated questions from Ref A para 7 followed by Post's answers. -------------- QUESTION A -------------- ¶2. (SBU) What measures have Post or MNF-I taken to prevent human rights abusers from receiving U.S. security assistance and to improve the human rights record of units receiving U.S. assistance? -------------- ANSWER A -------------- ¶3. (SBU) Multi National Security Transition Command-Iraq, in cooperation with Multi-National Corps-Iraq, has worked with and the Ministry of Interior to implement vetting arrangements for all members of the Iraqi Security Forces (ISF). The vetting measures include: -- initial security screening interviews; -- MOI Qualifying Committee criminal history records checks; -- de-Ba'athification Form review and analysis; -- detailed applicant interviews; -- Automated Fingerprint Identification System (AFIS) checks; and -- the Morris and McDaniel Test (measures literacy and psychological suitability for employment as a law enforcement officer). ¶4. (SBU) During their ten-week basic course, Iraqi police cadets receive: -- 29 hours of human rights and rule-of-law training from ICITAP instructors; -- 34 hours of human rights/rule of law training in a four-week course. National Police officers receive an additional 10-15 hours of human rights training during their six-week basic course. ¶5. (SBU) Currently, the aforementioned screening occurs during the initial application screening process. The MOI Qualifying Committee coordinates the acquisition and analysis of this information, and additional data collection. The results are submitted to the MOI. Successful applicants are provided documents identifying them as Iraqi police officers. ¶6. (SBU) Within the Ministry of Defense, all officer and enlisted applicants must appear at a local recruiting center for a basic interview and background evaluation, including all prior and current involvement with military, police, or intelligence organizations, and schooling. These recruiting centers create personnel files which are sent to the initial training site of accepted recruits. ¶7. (SBU) Within the first year of service, all soldiers provide information and biometric data as part of the requirements for the ID card. Collected data includes fingerprints, voice print, iris scan, and profile photographs. All biometric data is run through a National Agency Check equivalent for criminal history. We plan to install these systems at all recruit training centers in order that biometric data can be collected prior to recruit training. ¶8. (SBU) Within the MOD, the Inspector General's office, Human Rights Division has conducted multiple spot inspections of MOD detention facilities. Plans are underway to transfer all MoD detainees to Ministry of Justice control by March ¶2007. MOD-IG has also published an apprehension and detention Standard Operation Procedures (SOP) for implementation. In addition, the Human Rights Division reviews reports of human rights violations from coalition units and has established a public hotline. IG office conducts investigations of substantiated abuse and findings are sent to the Minister for action. ¶9. (SBU) Specialized human rights training is provided to all commanders up to the division level. This training will be reinforced in future service academy courses of instruction. Schools for recruits include classes such as: Law of Land Warfare, Iraqi Army Values Courses, and Human Rights Courses in their curriculum. These classes teach students acceptable and unacceptable types of behavior towards other individuals, and educate students regarding approved and unapproved practices during war. ¶10. (SBU) For all IMET candidates, MNSTC-I provides relevant background information to Embassy Political-Military section for vetting through the Department of State. The most recent vetting cables were Reftel B and C. Embassy has received no response to either cable. ¶11. (SBU) As required by Department and in keeping with the letter and spirit of the Leahy law, embassy submits names to the Department of ISF members alleged of committing serious human rights abuses for entry in the Abuse Case Evaluation System (ACES) database held by the Bureau of Democracy, Human Rights, and Labor (DRL). Post sent reftel 2740 to Department requesting it add 19 names of Iraqi MoI employees to the ACES database. ¶12. (SBU) We continue to press Iraqi senior officials on the importance of improving human rights and bringing to justice those alleged of such wrongdoing. Both the Minister of Defense and Interior have received demarches on several occasions regarding alleged detention abuse and the implications of the Leahy Amendment on funding. (NOTE: See Reftels D, E, F, G, H, I. END NOTE). We will continue to monitor and encourage improvement on the human rights front in Iraq. -------------- QUESTION B -------------- ¶13. (SBU) Is there a standard process within MNSTC-I for evaluating complaints or concerns or record keeping to facilitate future assistance requests? -------------- ANSWER B -------------- ¶14. (SBU) There are no processes for reporting and evaluating human rights complaints within MNSTC-I. However, the Ministries of Interior and Defense have Internal Human Rights offices. The MOI-IG office investigates allegations of human rights abuse. Depending on the allegation, such cases may also be investigated by the MOI Internal Affairs Office. The MOI-Inspector General's's office also inspects Iraqi detention facilities. Senior MNSTC-I advisors are assigned to oversee the continued development of this function, and work closely with Iraqi counterparts. Allegations warranting wider criminal investigation may be referred to the MOI Internal Affairs' Special Investigative Unit or, to an investigative judge for disposition. ¶15. (SBU) The 37 National Special Police Transition Teams (NPTTs),down to the battalion level assist in promoting human rights. They report and strive to prevent detainee abuse and other human rights violations. They also provide training on human rights. Police Transition Teams (PTTs) have similar responsibilities. They total about 2000 personnel and cover 84 stations in 56 districts and 18 Provincial headquarters. ¶16. (SBU) The MOI's Internal Affairs Division is responsible for investigating allegations of human rights abuse both internal and external to the MOI. ¶17. (SBU) Both the MOI and MOD have Inspector General Divisions or Offices respectively, which are actively involved is such matters as inspection of detainee facilities, investigation of alleged human rights abuse, and training of personnel in the area of human rights. -------------- Question C and D -------------- ¶18. (SBU) As Congressional interest increases on this issue, it would be helpful if Post or MNF-I could provide specific examples of preventive or corrective measures and their outcomes. What sources of information on human rights abusers exist at Post and within MNF-I that may lend themselves to standardized process (e.g., databases)? If such data exists, it would be helpful to have information on the current format of the data (i.e., documents in a file, personnel records),and an assessment of how difficult it would be to transfer the information into useful or searchable data. For example, what assistance would you require to enter this information into the Abuse Case Evaluation System (ACES) database? -------------- ANSWER to C and D -------------- ¶19. (S/REL MNF-I) We will continue to send names and background information of IMET candidates to Department for human rights vetting. If requested, we will forward the weekly MNF-I report it receives regarding ISF detainee abuse allegations. MNF-I developed a database in June 2005 to document allegations of detainee abuse by ISF. As of September 2005, a total of 885 (Iraqi Army: 572 Iraqi Police: 283) allegations of abuse have been reported. Of this number, 598 cases (IA: 402 IP: 196) have been supported. The total number of victims is 1548 (IA: 853 IP: 713) of which 1250 (IA: 610 IP: 640) cases have been supported. ¶20. (SBU) MNF-I has sent a total of 135 letters to the Minister of Defense (75) and Minister of Interior (60). MOD and MOI response has been minimal. However, as the MNF-I detainee abuse prevention program grows we expect the Iraqi Ministries to increase their efforts to investigate and hold those accountable for detainee abuse. ¶21. (C/REL MNF-I) As reported in reftel on June 27 an Iraqi investigative judge issued arrest orders for 52 MOI employees implicated in abuses at the MOI detention facility known as Site 4. These orders were issued on the basis of evidence collected by the Major Crimes Task Force (MJTF),which consists of Iraqi investigators, supported by FBI and other U.S. investigators. ¶22. (C/REL MNF-I) Minister of Interior Jawad al-Bolani, who must approve the transfer of any Ministry employee accused of an offense during performance of official duties, has not yet authorized the arrest of any of these individuals. Full names of 17 individuals who have been recognized as having allegedly committed the most egregious acts of the 52, have been identified. On August 20, as reported in Refel I, Ambassador delivered written points to Minister of the Interior Bolani concerning possible consequences of the Leahy Amendment if there is failure to execute arrest orders for the 17 individuals and provide written authorization for Iraq members of inspection teams to continue their inspections. ¶23. (SBU) On August 29, Bolani said that he had formed three committees to review the Site 4 case and a decision on disposition would be forth-coming mid-September. He also stated the individuals under review were placed in "Under Administrative Command Status," reporting daily to a specified location. To date, Bolani has neither provided a decision or update. ¶24. (S/REL MNF-I) We continue to assess and monitor the situation. On October 4, Bolani told the Ambassador he would announce the results of his investigation on October 12 during his weekly press conference. MNSTC-I and Embassy are assisting in the preparation for this announcement and will continue to press for, at the very least, the decision to arrest the 14 individuals. We will decide our next steps after October 12. ¶25. (S/REL MNF-I) Both the MOI and MOD have implemented measures to prevent and correct cases of human rights abuse. As noted above, MOI has implemented rigorous screening measures in its recruiting efforts beginning at the Province level and continues with MNF-I assistance through the training of recruits in human rights at the Police Academy. ¶26. (SBU) MOD personnel conduct spot inspections of detention facilities and provide corrective guidance to facility commanders for implementation. ¶27. (S/REL MNF-I).MNSTC-I personnel in the field, in partnership with their MOI and MOD counterparts, serve to provide guidance, and where necessary, report instances of human rights abuse. The MOD-IG primarily maintains hard-copy historical information of human rights abuse cases which may be converted to automation. However, at this time the ACCESS database is in use (infrequently),but they are transitioning to a Memex style database system. ¶28. (SBU) To address, what appears to be, the serious institutional human rights abuses within the National Police, MNSTC-I has implemented a four phase "transformation" program. This program focuses on leadership retraining and police skill development. The end state will consist of all retrained brigades being moved to areas outside of Baghdad. The program, however, does not address detention management at National Police headquarters where abuse has been a major problem. -------------- QUESTION E -------------- ¶29. (SBU) What are your views on how to develop and phase in a standardized process of review that provides adequate assurance that the standard in Leahy is being met (recognizing our long-term objectives and the current situation in Iraq)? -------------- ANSWER E -------------- ¶30. (SBU) We are working to develop and adopt standard, easily understood, definitions of human rights, and human rights abuse. These will be applied to all members of the ISF, MOJ and all other governmental agencies covering the full spectrum of possible applications from interrogations to detention, law enforcement activities, as well as military operations. We also are developing and adopting objective measurements of compliance, amenable to a pass/fail or yes/no system of grading, which may then be easily converted to capture, measurement and analysis via electronic means. KHALILZAD