Identifier
Created
Classification
Origin
06MOSUL38
2006-03-31 11:25:00
CONFIDENTIAL
REO Mosul
Cable title:  

NINEWA RULE OF LAW ISSUES PART II: BASIC PRINCIPLES IN

Tags:  PREL PINS PINT PGOV PHUM IZ MARR KCRM 
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VZCZCXRO8585
PP RUEHBC RUEHDE RUEHIHL RUEHKUK
DE RUEHMOS #0038/01 0901125
ZNY CCCCC ZZH
P 311125Z MAR 06
FM REO MOSUL
TO RUEHC/SECSTATE WASHDC PRIORITY 0455
INFO RUEKJCS/SECDEF WASHINGTON DC
RUCNRAQ/IRAQ COLLECTIVE
RHMFISS/DEPT OF JUSTICE WASHINGTON DC
RHMFISS/HQ USCENTCOM MACDILL AFB FL
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUEHLU/AMEMBASSY LUANDA 0049
RUEHBY/AMEMBASSY CANBERRA 0032
RUEHCV/AMEMBASSY CARACAS 0036
RUEHMOS/REO MOSUL 0474
C O N F I D E N T I A L SECTION 01 OF 02 MOSUL 000038 

SIPDIS

SIPDIS

JUSTICE FOR: CARL ALEXANDRE AND KATHLEEN OCONNOR

E.O. 12958: DECL: 3/31/2016
TAGS: PREL PINS PINT PGOV PHUM IZ MARR KCRM
SUBJECT: NINEWA RULE OF LAW ISSUES PART II: BASIC PRINCIPLES IN
CRIMINAL JUSTICE COURSE STRENGTHENING TIES BETWEEN POLICE AND
JUDICIARY

REF: MOSUL 37; MOSUL 17

MOSUL 00000038 001.2 OF 002


CLASSIFIED BY: Cameron Munter, PRT Leader, Provincial
Reconstruction Team Ninewa, State.
REASON: 1.4 (a),(b),(d)



-------
SUMMARY
-------

C O N F I D E N T I A L SECTION 01 OF 02 MOSUL 000038

SIPDIS

SIPDIS

JUSTICE FOR: CARL ALEXANDRE AND KATHLEEN OCONNOR

E.O. 12958: DECL: 3/31/2016
TAGS: PREL PINS PINT PGOV PHUM IZ MARR KCRM
SUBJECT: NINEWA RULE OF LAW ISSUES PART II: BASIC PRINCIPLES IN
CRIMINAL JUSTICE COURSE STRENGTHENING TIES BETWEEN POLICE AND
JUDICIARY

REF: MOSUL 37; MOSUL 17

MOSUL 00000038 001.2 OF 002


CLASSIFIED BY: Cameron Munter, PRT Leader, Provincial
Reconstruction Team Ninewa, State.
REASON: 1.4 (a),(b),(d)



--------------
SUMMARY
--------------


1. (C) Rule of law in Ninewa, or the lack thereof as many
speculate, has negatively affected the public's trust in
government institutions and the criminal justice system to
protect them. At the root of the problem in Ninewa is poor
communication and coordination by Iraqi Security Forces (ISF)
and the judiciary, which has caused the courts to throw out some
terrorist and criminal cases due to faulty investigative
procedures. In an effort to shore up relations between the
police and the judiciary, the PRT, with input from Investigative
Judge Amer Rasheed Hammedi, helped develop a 24-hour training
course on investigative procedures. The course, Basic
Principles in Criminal Justice (BPCJ),is a substantive
breakthrough in efforts to bring the police and courts into a
partnership to solve problems in the criminal justice system.
So far, 45 police officers have received the training, and both
the chief of police and chief judge have expressed their
commitment to continuing the course. End Summary.

--------------
IMPETUS FOR INVESTIGATIVE PROCEDURES COURSE
--------------


2. (C) Rule of law in Ninewa, or the lack thereof as many
speculate, has negatively affected the public's trust in
government institutions and the criminal justice system to
protect them. At the root of the problem in Ninewa is poor
communication and coordination by Iraqi Security Forces (ISF)
and the judiciary, which has caused the courts to throw out some
terrorist and criminal cases due to faulty investigative

procedures and the lack of protection of crime scenes. In an
effort to shore up relations between the Iraqi Police (IP) and
the judiciary, the PRT, with input from Investigative Judge Amer
Rasheed Hammedi, helped develop a 24-hour training course on
investigative procedures. The course, Basic Principles in
Criminal Justice (BPCJ),is a substantive breakthrough in
efforts to bring the IP and courts into a partnership to solve
problems in the criminal justice system. Four areas were
covered: human rights, investigative techniques, the penal code,
and criminal procedure. Each topic received six hours of class
time for a total of 24 hours of instruction over three weeks.
The first session of the inaugural class was held on Monday,
February 27, 2006 and met on Monday and Tuesday mornings.

--------------
JUDGES TAKING THE LEAD
--------------


3. (C) Three local judges led this event. Judge Hammedi
instructed the participants in human rights and investigative
techniques. Judge Ahmed Ali Herethee taught courses on the
penal code, and Judge Bashir Al Jubouri instructed criminal
procedure. The Ninewa PRT Rule of Law Team developed the course
through an intense relationship-building effort. The PRT rule
of law Coordinator was the first civilian to work with the local
judges in Ninewa since the fall of the former regime. Building
on a strong relationship with the courts fostered by MNF-NW in
2005, the PRT expanded on this trust to discuss with Chief Judge
Faisal Sadeeq Hadeed and Judge Hammedi ideas on how to
strengthen the criminal justice system in Ninewa.


4. (C) Over a period of six weeks, the PRT met with Judge
Hammedi to identify major problems with IP performance in
criminal investigations, which was quickly identified as a lack
of training on the law and evidence collection (reftels). He
also identified the pervasiveness of coerced confessions. It
was from this discussion that the idea for the training course
came about. The judges realized, most importantly, that they
needed to take a leadership role in improving police
investigative practices. They could not simply sit back and
complain about the police and then refuse to help solve the
problem, said Hammedi. At the same time, the PRT met with

MOSUL 00000038 002.2 OF 002


Provincial Chief of Police Wathiq Al Qudir to secure his
endorsement of the idea. Al Qudir was immediately supportive of
the course and committed 15 officers to take it. Judges were
the best possible instructors for his officers, claimed Al
Qudir, and IP investigators needed help in the four areas of
concentration in the course.

--------------
SUCCESSFUL START
--------------


5. (C) The Basic Principles in Criminal Justice course got off
to an inspiring start. Forty-five IP officers, and not just the
15 originally selected, attended the inaugural course. Several
officers commented that this type of interaction was long
overdue. They said they respected the expertise of the judges,
and took copious notes during lectures, frequently asked
questions, and approached the judges for further discussion at
breaks. Even more remarkable was that the judges came to the
Ninewa Police Directorate to teach the courses. This
demonstrated to the police that the judges were sincere in their
efforts to improve the work of the police. Hadeed was very
supportive of the course and asked the PRT to coordinate with
Hammedi to refine it. Both Hadeed and Al Qudir said they were
committed to continuing with this effort. The second course was
scheduled to begin the last week in March. Hammedi expressed
his satisfaction with the whole process, especially the attitude
of the IP officers. He claimed the real test of the course
would be how the officers applied the judge's instructions in
the field. Hammedi said he would monitor the work of class
participants to see if their cases improve before deciding
whether to bring them in for more instruction.

--------------
COMMENT
--------------


6. (C) Initiatives like the BPCJ course are critical to
improving police-judicial cooperation in strengthening case
development without relying on coerced confessions. Ultimately,
police officers and judges need to communicate routinely about
how to improve specific cases so that dangerous defendants do
not get released for lack of evidence.
MUNTER