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 MOSUL 00000053 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 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. -------------- CLAIMS OF INTERFERENCE WITH INVESTIGATIONS -------------- ¶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]. -------------- MEDIA SUPPORT NEEDED FOR TERRORIST CASES -------------- ¶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 MOSUL 00000053 002.2 OF 002 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. -------------- KEEPING TERRORISTS BEHIND BARS -------------- ¶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. -------------- COMMENT -------------- ¶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