NINEWA PRT RULE OF LAW: NINEWA CRIMINAL JUSTICE COMMITTEE

C O N F I D E N T I A L SECTION 01 OF 02 MOSUL 000053

SIPDIS

SIPDIS

DOJ OPDAT/ALEXANDRE; OCONNOR

E.O. 12958: DECL: 5/25/2016
TAGS: PREL PINS PINT PGOV PHUM IZ MARR KCRM
SUBJECT: NINEWA PRT RULE OF LAW: NINEWA CRIMINAL JUSTICE COMMITTEE
AGREES ON SEPARATE TERRORIST COURT FOR INSURGENTS

REF: MOSUL 39

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



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SUMMARY
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1. (C) Rule of law is the foundation of an effective criminal
justice system that empowers governments to provide security and
stability. Using this concept, the PRT Rule of Law Team is
working with local officials on the establishment of the Ninewa
Criminal Justice Committee (NCJC). The NCJC allows, through
dialogue, members of the provincial criminal justice community
to address problems and create solutions collectively. During
the second meeting, held on May 20, NCJC members spoke about the
importance of trying terrorists in the province, ensuring Iraqi
Security Forces play a leading role in investigations and
arrests of terrorist suspects, and the need for working with the
Iraqi press on terrorist cases and the treatment of detainees.
Members of the NCJC are calling on the GOI for assistance with
these issues. End Summary.


2. (SBU) Members of MNF-N, Ninewa PRT Rule of Law Coordinator,
PRT Deputy Team Leader, and PolOff observed the second meeting
of the Ninewa Criminal Justice Committee (NCJC) at Iraqi Army
(IA) 2nd Division base al-Kindi in Mosul on May 20. NCJC
members included IA 2nd Division Commander MG Jamaal, Provincial
Chief of Police MG Wathiq al-Qudir, Ninewa Chief Judge Faisal
Sadeeq Hadeed (known as Chief Judge Faisal),Investigative Judge
Aamer Hassan al-Rubaie (known as Judge Aamer),Provincial
Council Legal Committee Chair Mohammed al-Jawadi, and IA 2nd
Division Legal Advisor LTC Daoud.

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CLAIMS OF INTERFERENCE WITH INVESTIGATIONS
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3. (C) The second NCJC meeting continued building on dialogue
among Ninewa's criminal justice community (reftel). NCJC
members said they would work collectively on finding solutions
to problems of trying terrorists in the province, ensuring Iraqi
Security Forces (ISF) played a leading role in investigations
and arrests of terrorist suspects, and dealing with the Iraqi
press regarding terrorist cases and treatment of detainees. IA
MG Jamaal and Chief of Police MG al-Qudir claimed there was
interference from Coalition Forces (CF) with case development.
Al-Qudir stated that CF detention of many insurgent suspects was
largely counter-productive. He explained that many suspects
were aiding the insurgency only for personal profit, however,
after months of detention in CF facilities, they emerged as
skilled terrorists. Both Jamaal and al-Qudir felt leaving such
suspects in Iraqi custody was a better solution. Al-Qudir went
on to say that CF was not serious about long-term imprisonment
as many CF detainees were back on the streets after six months.
Both men claimed to be ready to handle their own arrests and see
them through to conviction. Investigative Judge Aamer concurred
and relayed an example where he interrogated a high profile
insurgent defendant over three days resulting in a detailed
16-page confession. Aamer claimed 95 witnesses requested to
testify against the suspect, however, without notice or
coordination, CF removed the suspect from Iraqi custody,
effectively terminating his prosecution. [NOTE: In such cases
CF obtains additional information about a suspect which prompts
CF to take custody of the suspect for his intelligence value.
Regarding the comments made by al-Qudir, MNF-N representatives
present at the meeting said they spoke to al-Qudir afterwards
and he made clear he believed CF was doing everything possible
to assist in these matters].

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MEDIA SUPPORT NEEDED FOR TERRORIST CASES
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4. (C) The committee roundly bemoaned the lack of media
coverage of Mosul insurgents convicted in Iraqi courts. Judge
Aamer said that several Mosul insurgents had been given long
sentences from the Central Criminal Court in Baghdad, yet none
of these cases were reported in the Ninewa media. That led to
the acknowledgement by all NCJC members that terrorists needed

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to be tried in the province, and that the trials should be made
visible -- through the media -- so the public could see the
consequences of helping the insurgency. With this in mind, NCJC
members agreed that a separate and secure court location, away
from the provincial courthouse, should be established to try
terrorist cases and that judges from outside the province should
handle such trials. Judge Faisal made clear, however, that the
judges in Ninewa were living in fear but were not cowards. He
emphasized, with agreement from al-Qudir, that outside judges
were needed to avoid conflicts of interest. Faisal explained
that extensive tribal ties in Ninewa would make it difficult for
local judges to stay impartial in high profile cases.

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KEEPING TERRORISTS BEHIND BARS
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5. (C) Al-Qudir and Judge Aamer inquired with PRT Rule of Law
Coordinator on the strategy of prosecuting terrorists for lesser
crimes, such as use of false identification, for example, as a
way to get terrorists off the streets when a lack of physical
evidence or reluctant witnesses made prosecution on a terrorism
charge impossible. Al-Qudir suggested such prosecutions would
garner enough prison time to allow the judges and police the
possibility to build a case on more serious charges. The PRT
Rule of Law Coordinator endorsed this strategy and stated that
it was a not uncommon for American prosecutors to use a similar
approach. Al-Qudir believed keeping terrorists behind bars,
even for a few years, could significantly reduce crime in the
province.

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COMMENT
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6. (C) Although hard and practical solutions are yet to emerge
from the first two meetings of the NCJC, the amount and tenor of
the dialogue is a positive sign. Getting all of the players in
the criminal justice system is itself a feat and a good sign of
progress in the province. The new addition of the legal
representatives of the provincial council and the Iraqi Army
should provide more ideas for ways to address the serious
criminal justice problems in Ninewa. The focus by the committee
on its problems with CF was not particularly helpful as it took
valuable time away from the Iraqis discussing their own
dysfunction in successfully prosecuting serious criminals.
MUNTER