IRAQI ISLAMIC PARTY SEEKS USG ASSISTANCE ON

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 000393

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/09/2016
TAGS: PHUM KDEM KJUS IZ
SUBJECT: IRAQI ISLAMIC PARTY SEEKS USG ASSISTANCE ON
DETAINEE ISSUES.

Classified By: Political Counselor Robert S. Ford for
reasons 1.4 (B) and (D)


1. (C) SUMMARY: Members of the Iraqi Islamic Party
(IIP) Human Rights Committee lodged complaints
January 28 about the alleged abuse of human rights
of MOI and MOD detainees. IIP presented to EmbOffs
lists of detainees held by MNF-I, Ministry of
Defense and Ministry of Interior. The IIP Committee
claimed that detainees held by MOD are denied family
visits and access to legal representation. In
addition, the Committee is unable to locate
detainees held by MOI. IIP leaders claimed that
both the Ministers of Defense and Interior have
refused to meet with them on these issues. The IIP
leaders said they sought USG assistance on detainee
matters as well as acquiring information on 332
missing persons. END SUMMARY.

--------------
Allegations lodged against Iraqi Security
--------------


2. (C) Newly elected Council of Representatives
member Muhammed Abdel Moula Khalif told PolOff that
the US military must stop joint operations that
allow for MOI to take prisoners, because it is
nearly impossible to find out the status of an MOI
detainee. IIP Human Rights Committee Chair Omar Al-
Jabouri recalled in December he previously had
solicited USG assistance and met with the Commanding
General of MNF-I Detainee Operations, General Jack
Gardner to express concerns about Ministry of
Interior prisoners. (NOTE: Task Force 134 provides
logistical support for Iraqi-led detention facility
inspections. END NOTE) Al-Jabouri presented PolOff a
list of 332 missing persons who they assumed have
been taken by MOI forces. This list consisted of
missing academics with masters and doctorate
degrees. Khalif emphasized that neither the IIP
activists nor the families of the detained have been
able to get information about the cases brought to
the IIP.

--------------
MOD denies access to Legal Representation
--------------


3. C) Al-Jabouri presented a separate list of 252
detainees which he said had been held by MOD for
greater than 15 months. The list was compiled by
family members of the detainees. These detainees
have been denied family visits and access to legal
representation. (Comment: In these cases at least,
the families know where their relatives are. End
Comment) IIP sent the list to MOD Army Chief of
Staff Zebari and MOD Advisor Ammar al-Hachem and
received no response to the request for family
visits and legal representation. Although the
Minister of Defense Sadoon al-Duleimi refused to
meet with IIP members, al-Jabouri reported that he
did meet with MOD Public Relations Director Hamid
Showkat al-Duleimi and Major General Mohammed
Hikmat. Again, according to al-Jabouri, there has
been no response to the IIP's request. Khalif said
the families are at their wits' end. In an attempt
to pressure MOD to grant access to the prisoners,
IIP may organize a tent protest in front of the MOD
gates.

-------------- --
Fate of 11,000 - denied right to a timely trial
-------------- --


4. (C) Al-Jabouri claimed to PolOff that there are
only two investigative judges reviewing the cases of
11,000 prisoners (8,000 in Baghdad, 3,000 in Kut and
Babil prisons). According to al-Jabouri, Judge
Khalid Ibrahim (who works on Palestine Street) and
Judge Magdhil al-Araji (who works at the Yarmouk
Prison in Akhademiya) only work 5 days a month on
these cases resulting in a huge backlog. In
addition, al-Jabouri said detainees' families are
forced to pay a USD 2,000 USD - 10,000 bribes in
order to transfer the case to the courts.

--------------
Questions about MNF-I Too
--------------


BAGHDAD 00000393 002 OF 002



5. (C) Al-Jabouri presented PolOff with a list of
detainees (with detainee reference numbers) which he
said were held by MNF-I. Both al-Jabouri and Khalif
questioned why detainees who have been held the
longest are not the first released. PolOff
explained that detainee release is not based on
length of detention but on evidence in each
individual case.

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


6. (C) IIP's concerns about the negative impact of
MOI detention practices, Iraqi court backlogs, and
judicial corruption on Sunni trust in the Iraqi
government's will and ability to provide due process
are real. Speaking at a February 1 press conference
on behalf of the Tawafuq Front leadership IIP leader
Tareq al-Hashimi criticized bitterly the Ministry of
Interior and its handling of arrests and prisoner
processing. There are real problems in the MOI
system. However, some of the numbers the IIP cites
for Iraqis in detention and judicial capacity in
Baghdad have been exaggerated. IIP has acknowledged
that some of the human rights abuse reports are
inflammatory and lack credibility, but they feel
obligated to submit them to USG officials since they
come from IIP members.


7. (C) The IIP also has raised allegations of MNF-I
units committing abuses that also are being
investigated. Politically, IIP is a key Sunni
player in the new government formation negotiations.
As part of our Sunni Arab outreach efforts, we are
trying to demonstrate our seriousness with respect
to improving transparency and accountability in
detention operations both in MNF-I and at the MOI
and MOD to keep IIP, and Sunni Arabs more broadly,
engaged in the political process.

KHALILZAD