PRESIDENT TALABANI, DEPUTY PRIME MINISTER SALIH

C O N F I D E N T I A L BAGHDAD 003966

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/21/2016
TAGS: PGOV PHUM IZ
SUBJECT: PRESIDENT TALABANI, DEPUTY PRIME MINISTER SALIH
WEIGH IN ON SADDAM TRIAL, JUDICIAL INDEPENDENCE

Classified By: Ambassador Khalilzad for reasons 1.4 (b) and (d).


1. (C) SUMMARY: Kurdish President Talabani and Deputy Prime
Minister Salih are critical of what they claim is GOI
pressure on judges in the Saddam trial to impose the death
penalty, which Kurds oppose before all Saddam's trials are
complete. END SUMMARY.

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Alleged GOI Pressure
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2. (C) In separate meetings on October 16, Kurdish Deputy
Prime Minister Barham Salih and President Talabani told the
Ambassador that they believed the recent GOI moves
undercutting judicial independence in the Saddam trial were
undermining the international credibility of the court.
Salih told the Ambassador that the government is trying to
remove a trial chamber judge ostensibly on de-Baathification
charges, but in reality because he had indicated he would not
call for the death penalty at Saddam Hussein's sentencing for
the Dujayl Trial. (COMMENT: If Hussein is sentenced to death
in the Dujayl Trial, it is possible that the sentence could
be carried out - after a brief appellate process - while the
other trials are still ongoing. Many victims of Hussein's
crimes, such as the Kurds, do not want his death sentence
carried out until they have all had their opportunity to
confront him in court. END COMMENT).


3. (C) In a separate meeting that same day, President
Talabani also claimed that another of the trial judges, Judge
Munzir al-Hakim, was given three choices: reverse your
decision (and impose the death penalty),be removed on
de-Baathification grounds, or be "voluntarily transferred"
from the court; Talabani alleged that Judge al-Hakim chose to
be transferred.

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Kurds Want Saddam Alive for Other Trials
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4. (C) In response to the Ambassador's query, Salih claimed
that there was no Kurdish management of the Dujayl trial, and
that Kurdish Chief Judge for the Dujayl trial Rauf Abd
al-Rahman was not actually in charge of the proceedings.
Although al-Rahman believed there was sufficient evidence to
ask for the death penalty in the Dujayl trial, Salih
continued, Kurdistan Regional President and Kurdistan
Democratic Party (KDP) leader Masud Barzani has pressured the
court to sentence Hussein only to life imprisonment to ensure
that he remains alive to stand trial for the Barzan massacre.


5. (C) Talabani also agreed that Kurdish judges are under
pressure from other Kurdish leaders to keep Hussein alive and
ready to stand trial until all the Kurdish cases against him
are heard. Salih lamented the fact that the Anfal Trial
could have been a "showcase on Arab tyranny" for the
international community. It was now little more than a
farce, he stated.
KHALILZAD