AMBASSADOR CROCKER AND HUMAN RIGHTS MINISTER'S

S E C R E T SECTION 01 OF 03 BAGHDAD 002608

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/05/2017
TAGS: IZ KJUS MOPS PGOV PHUM PREL
SUBJECT: AMBASSADOR CROCKER AND HUMAN RIGHTS MINISTER'S
AUGUST 2 MEETING

Classified By: Ambassador Ryan C. Crocker for reasons 1.4 (b) and (d).


1. (S) SUMMARY: During an August 2 meeting with Ambassador
Crocker, USAID Mission Director Bambi Arellano, and Rule of
Law (RoL) Coordinator Jim Santelle, Human Rights Minister
Wijdan Salim discussed the following subjects:
-- problems within the Iraqi detention system (including
alleged disappearances, torture, and overcrowding),
-- the Ministry of Human Rights' (MoHR) detention center
inspections,
-- MNF-I detainee release processes,
-- the Inter-ministerial Committee on Rule of Law and
detention,
-- potential capacity support for the MoHR.
Ambassador Crocker told Minister Wijdan he would engage the
PM on including her at the Ministerial Committee for National
Security (MCNS) meetings. RoL Coordinator Santelle said he
would discuss with MNF-I ways to provide the Minister
documentation of Coalition detainee releases and transfers.
USAID Mission Director Arellano said she would help the MoHR
explore USG capacity building options. END SUMMARY.

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MINISTER WIJDAN DETAILS IRAQI DETENTION CENTER PROBLEMS
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2. (S) Referring to the situation in Iraqi detention centers
during an August 2 meeting, Human Rights Minister Wijdan
Salim told the Ambassador, "We must admit we have problems
and we must have solutions." She said the problems included
disappearances, torture, overcrowding, and slow judicial
processing. The Minister showed the Ambassador a letter from
Sunni Vice President (VP) Tariq al-Hashimi that referenced an
attached clipping of a Los Angeles Times report on conditions
within the Adalah detention facility (also known as the
Ministry of Interior (MoI) Khadimiya 2nd National Police
Detention Center). The Minister commented that the report
resembled the MoHR's detention center inspection reports and
then quipped, "They (Tawafuq) are going from the government
because of me."


3. (S) Minister Wijdan told the Ambassador that detainees
disappear from Iraqi detention centers, and computer records
documenting detainees often do not exist or are deleted
intentionally. Reports of disappearances increased,
"especially after the Baghdad Security Plan." She said the
MoHR has also documented two cases in which the bodies of
detainees, whose names were recorded in detention center
databases, were found in morgues. She noted that detainees
sometimes disappear even after being visited by
family-members, offering a specific anecdote of one woman
whose husband reportedly disappeared from Adalah after she
had gone to visit him. The Minister said she had another
case where the Ministry of Justice (MoJ) sent her a letter
acknowledging the presence of a particular detainee, but
subsequently told her that his name was "not in the
computer." She also provided details on the case of an Iraqi
who was reportedly released in error into Iranian custody
with five Iranians, but the Iraqi Embassy in Teheran had no
record of the detainee's entry into Iran. The Minister
stated some of the cases are being investigated, but there
have been no answers.


4. (S) The Minister also described detainee abuse cases. She
said some detainees transferred from Adalah to an overflow
detention center in the Mansour area of Baghdad told her that
while at Adalah, they were subjected to cold temperature
abuse and burned with drops of melted nylon, and then showed
her burn marks on their skin. The Minister said the MoHR
documented the case of a detainee who had been badly tortured
at the Ministry of Defense (MoD) military intelligence (M2)
detention center at the Old Muthanna air base in Baghdad, and
was transferred to the MoJ's Site 1 facility. She also
stated that prosecutors were investigating an alleged rape of
a detainee that reportedly occurred at a Baghdad police
station a week ago. The Minister told the Ambassador that
not a single person been charged in these cases, although
there have been administrative punishments of officials, such
as transferring them to other locations.

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HUMAN RIGHTS MINISTER IDENTIFIES MOST SERIOUS PROBLEMS
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5. (S) Minister Wijdan told the Ambassador the biggest
detention-related problems were overcrowding due to
insufficient numbers of investigative judges for judicial
processing, lack of information in detainee files, and also

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the killing of Sh'ia detainees released at Badoush prison in
Mosul by al-Qa'ida. The Minister noted there are now judges
going to every detention facility and that an investigative
judge who recently processed cases at the MoD's 3rd Brigade,
6th Division detention center in Baghdad found that 650
detainees had been there for three months without being
investigated, with 599 of the 650 detainees accused of
terrorism. Many detainee files, she said, lacked basic
information such as the length of detention and case
descriptions. She reported that in response to her report of
the situation at Badoush, Prime Minister (PM) Maliki ordered
that Badoush's detainees be transported to the MoJ prison at
Fort Suse in Sulaymaniyah for their releases; however, she
said that released detainees' families have encountered
difficulties entering Kurdistan to meet them. The Minister
also complained that the Ministry of Health refuses to
provide medicine for detention centers, questioning the value
of providing it to "terrorists" and "criminals." Detention
center staff, she noted, therefore have resorted to buying
medicine from the private sector.

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MINISTER WIJDAN ON DETENTION CENTER INSPECTIONS
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6. (S) Minister Wijdan said that the MoHR's staff can now
enter any GOI detention facility to conduct inspections at
"any place, any time." She reported that several times in
the past, the Interior Ministry ordered its staff not to
allow MoHR inspection teams to enter its facility; however,
PM Maliki resolved the problem. The Minister told the
Ambassador that due to increased public attention on
conditions at Adalah, the MoHR's staff began visiting it up
to two times a week. She said that the teams do not document
"torture" unless they have a doctor present who can evaluate
injuries. When a doctor is not present, the teams use a
checklist and diagram to record the scars and wounds they
observe, and the case is referred to a doctor for further
investigation. The Minister said that MoHR employees are
often threatened for their work, for which they are paid
relatively little.


7. (S) The Minister also told the Ambassador that she is
ready to restart perhaps by "next week" the MoHR-led
inter-ministerial joint inspections of Iraqi detention
facilities that are supported by the Coalition through Task
Force 134. The Ambassador encouraged the Minister to conduct
inspections frequently, which could help keep would-be
abusers honest and prevent exaggerated claims.

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RELEASE AND TRANSFER OF DETAINEES BY COALITION
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8. (S) The Minister asked the Ambassador for help obtaining
information on the Coalition's release of and transfer of
detainees. She said that although Task Force 134 (which
manages Coalition detentions) tells her each month there are
approximately 250 Coalition-held detainees recommended for
release, she has never received proof of the releases. The
Minister also said that when the Coalition transfers
detainees from Badoush to Fort Suse, the Coalition signs
documents showing they removed the detainees; however, the
management at Badoush does not receive documentation showing
receipt of the detainees at Fort Suse. The Minister added
that Iraqi detention center staff cannot accompany detainees
during the Coalition's transfers, because the transporting
aircraft do not schedule a return trip. Rule of Law
Coordinator Santelle told Minister Wijdan he would work with
Task Force 134 to see what could be done regarding both of
these issues.

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INTER-MINISTERIAL COMMITTEE ON ROL AND DETENTIONS
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9. (S) Minister Wijdan told the Ambassador that there was a
MoHR representative at the August 1 meeting of the
inter-ministerial committee for ROL and detainees, which PM
Maliki established in mid-June. The Ambassador suggested to
the Minister that at least once per month, the committee
should generate a report including recommendations on
improving RoL and detentions to the MCNS, as chartered. The
Minister replied that she had never agreed that the committee
should report to the MCNS -- or for that matter, any security
group -- and in her opinion, a RoL committee ought to report
directly to the PM or at least a judicial entity. She
complained that she is never invited to MCNS meetings,

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despite having asked several times to be included. The
Ambassador told Minister Wijdan that he would engage with PM
Maliki to make sure she is included in MCNS meetings.

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POTENTIAL USG CAPACITY-DEVELOPMENT SUPPORT TO MOHR
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10. (C) The Ambassador asked Minister Wijdan whether the MoHR
needs further capacity-development, and replied that she is
receiving support from the United Nations Mission in Iraq
(UNAMI),Canada, and Denmark. Minister Wijdan said the MoHR
still needs training to develop a report-writing team,
capable of drafting an annual human rights report that would
be presentable to the United Nations in Geneva. The Minister
added that Iraq has signed five human rights treaties, but
has not presented any reports on them. USAID Mission
Director Arellano offered to coordinate with the MoHR to
explore whether USG-funded capacity-development options would
help meet the ministry's needs.

CROCKER