Identifier
Created
Classification
Origin
06BAGHDAD583
2006-02-23 18:43:00
CONFIDENTIAL
Embassy Baghdad
Cable title:  

IRAQI LEGAL ADVISERS AGREE THAT COUNCIL OF

Tags:  PGOV PNAT KDEM IZ 
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VZCZCXRO6849
PP RUEHBC RUEHDE RUEHIHL RUEHKUK RUEHMOS
DE RUEHGB #0583/01 0541843
ZNY CCCCC ZZH
P 231843Z FEB 06
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 2883
INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY
RHEHNSC/WHITE HOUSE NSC WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 000583 

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/23/2026
TAGS: PGOV PNAT KDEM IZ
SUBJECT: IRAQI LEGAL ADVISERS AGREE THAT COUNCIL OF
REPRESENTATIVES MUST CONVENE WITHIN CONSTITUTIONAL
DEADLINE, BUT DISAGREE OVER WHETHER DEADLINE CAN BE
EXTENDED

REF: BAGHDAD 499

Classified By: POLITICAL COUNSELOR ROBERT S. FORD, FOR REASONS 1.4 (B)
AND (D).

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 000583

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/23/2026
TAGS: PGOV PNAT KDEM IZ
SUBJECT: IRAQI LEGAL ADVISERS AGREE THAT COUNCIL OF
REPRESENTATIVES MUST CONVENE WITHIN CONSTITUTIONAL
DEADLINE, BUT DISAGREE OVER WHETHER DEADLINE CAN BE
EXTENDED

REF: BAGHDAD 499

Classified By: POLITICAL COUNSELOR ROBERT S. FORD, FOR REASONS 1.4 (B)
AND (D).


1. (C) Summary. The requirements of Article 54 of the
Constitution continue to elicit multiple legal opinions. In
separate meetings February 21 and 22, TNA Legal Committee
Muhsin Saadoun and Presidency Council Legal Adviser Ameer
Al-Shammari offered separate interpretations. The former
said Article 54 required the Council of Representatives (CoR)
to convene by February 25, while the latter said it could
convene as late as March 12. Neither agreed with the
interpretation that Article 54 allowed the Presidency Council
to issue a decree within fifteen (or thirty) days for the CoR
to convene at a date outside that timeline. Both agreed that
a first session could be extended so that the CoR leadership
would not have to be elected at the first session in order
not to violate Article 55. End Summary

-------------- --------------
TNA LEGAL COMMITTEE CHAIRMAN: COR MUST CONVENE BY FEBRUARY 25
-------------- --------------


2. (C) In a February 21 meeting, Chairman of the TNA Legal
Committee Muhsin Saadoun told PolOffs that TNA Speaker Hajim
al-Hassani asked him to review the Constitution and give his
opinion as to when the Council of Representatives (CoR)
should convene. Saadoun said he interpreted Article 54 to
require that the CoR convene within 15 days of the
certification of election results (i.e., February 25). He
also did not think that the provision would allow an
extension of this deadline. (Comment. Official translators
at Post and in Washington assure us that according to the
constitution text, the Presidency Council only must issue a
decree within 15 days and that this period may be extended
for another 15 days. However, Saadoun's opinion that the COR
must be convened within the specified period of time is in
concert with the Presidency Council Legal Adviser,s opinion
(see para 5). End comment.)


3. (C) In order to obey the Constitution, Saadoun argued, the
CoR should convene for a ceremonial first session (a day of

speeches) that would be continued at a later date. He stated
that it is important to put pressure on the political parties
to finish the government formation negotiations. Such
pressure could include electing the CoR leadership ) even if
the political blocs have not finished their negotiations. He
said the Iraqi public perceives that the parties are not
really negotiating for a unity government, but instead are
looking more narrowly for specific positions within the
government.

-------------- --------------
PRESIDENCY LEGAL COUNSELOR: COUNCIL MUST CONVENE BY MARCH 12
-------------- --------------


4. (C) In a February 22 meeting, Presidency Council Legal
Adviser Judge Ameer al-Shammari told Embassy Legal Advisers
and PolOff that some political entities are misleading the
Iraqi public by asserting that there will be
legal/constitutional problems if the CoR does not convene by
February 25; specifically, they have misled the Iraqi public
by failing to explain the 15-day extension allowed under
Article 54. He agreed with the argument that, although the
Transitional Administrative Law (TAL) remains in effect until
the formation of the new government, the constitutional
provisions and timelines related to the formation of the
government should be followed. (Comment. Judge al-Shammari
previously asserted in the media that the constitution and
its timelines do not apply and that only the TAL is relevant
to the government formation process. Embassy Legal Advisers
contested this interpretation of the relevant law and
maintained that there must be some legally binding element to
the constitution's government formation provisions ) despite
the fact that the constitution as a whole is not in force --
because it is the constitution that also explains the
institutions that must be formed, the entities that choose
the relevant candidates, and the voting thresholds required
for approval. If all of these aspects of the new
constitution apply, the government formation deadlines also
presumably would apply. Judge al-Shammari did not
necessarily agree with this assessment but did appear to
concede that the constitution deadlines should be followed as
a practical matter. End comment.)


5. (C) Judge al-Shammari disagreed with Post's translation of
Article 54 as requiring only that the Presidency Council call

BAGHDAD 00000583 002 OF 002


for the CoR to convene within fifteen or, with an extension,
thirty days of the certification of results; rather, he
believes that the CoR must be called and must convene within
thirty days of the certification (March 12),assuming the
extension is invoked. (Note. This opinion is inconsistent
with the opinion of Muhsin Saadoun, the TNA Legal Committee
Chairman, as to whether a 15 day extension exists -- Saadoun
does not believe an extension is possible -- but is
consistent with Saadoun to the extent that the CoR actually
must convene within a specified period of time. Judge
al-Shammari did appear to agree with the recommendation that
the CoR convene for a ceremonial first session that could be
continued at a later date when the elections for the CoR
leadership would be held (as part of the larger government
package).


6. (C) Al-Shammari said he had personally informed President
Jalal Talabani of his legal opinion, but he was not aware if
Talabani had shared this with the other political parties.
KHALILZAD