UPDATE ON JOINT COMMISSION ON PSD ISSUES AND

C O N F I D E N T I A L BAGHDAD 003257 SIPDIS SIPDIS E.O. 12958: DECL: 09/27/2017 TAGS: AMGT ASEC PREL PTER IZ SUBJECT: UPDATE ON JOINT COMMISSION ON PSD ISSUES AND STATUS OF INVESTIGATION REF: BAGHDAD 03156 Classified By: Deputy Chief of Mission Patricia A. Butenis for reasons 1.4 (b ) and (d) Confidential SIPDIS -------------- Summary -------------- (C) 1. The Embassy continues liaison with the GOI on the Joint Commission on PSD operations, and has requested that the Joint Commission convene as soon as possible to discuss its role and scope. The GOI has yet to provide the USG with a definitive list of its Commission members, but the Minister of Defense indicated it is likely to be the same individuals reported in reftel. According to MOD staff, these individuals have also been appointed by the PM to a GOI investigative team which will conduct an independent Iraqi investigation of the incident. The Embassy is also working closely with MNF-I to ensure appropriate coordination as MNF-I conducts its own inquiry to collect information within military channels related to the incident. The RSO's investigation is still underway. PSD supported movements resumed on Friday, September 21, but must be mission-essential and approved in advance by the RSO. -------------- -- Status of Investigation and RSO Movement Policy -------------- -- (C) 2. The Regional Security Office (RSO) continues to investigate the shooting incident. As of September 21, PSD supported USG civilian movements have resumed. All movements must be mission essential and approved in advance by the RSO. This policy applies to all Mission diplomatic posts to include all Embassy personnel in Baghdad, Provincial Reconstruction Teams (PRTs),and Regional Embassy Offices which use RSO assets for movement. The volume of PSD supported movements in Baghdad is currently down by 25% compared to pre-September 16 levels. In cases where travel by land is deemed too risky, the RSO has been using air assets. PRTs which use military assets to move (including all ePRTs) are moving as usual using military movement teams. -------------- Liaison with GOI on Joint Commission -------------- (C) 3. On September 23, Embassy Legal Advisor met with Dr. Ghalib, General Counsel for the MOD to discuss the Joint Commission, its role and scope and a date for the first meeting of the commission. Regarding terms of reference and scope of the Joint Commission, Ghalib said that the Joint Commission would study the overall issue of Personal Security Detachment (PSD) operations and future policies for PSD operations. In a September 26 telephone call between the DCM and MOD, the MOD said that he would meet with the Iraqi members of the commission on the 27th. The DCM and the MOD agreed to have a planning meeting with their legal advisors to discuss the terms of reference, the agenda for the first meeting, and the possibility of a joint announcement. Prior to this planning meeting the Embassy will send the MOD its proposed terms of reference as cleared by L and by S/I. -------------- USG Members of the Joint Commission -------------- (C) 4. On September 24 the USG members of the Joint Commission, (DCM; Polmil Counselor; RSO; Deputy Chief of Staff, MNF-I, Stratops; Deputy Commanding General, 1st Cavalry Division, MNC-I; Senior Judge Staff Advocate; Embassy Legal Advisor; Polmil Officer) met internally to familiarize all members with the planned scope of the Commission, get updates on the status of the investigation, and to begin planning for possible outcomes. -------------- Condolence Payment Options -------------- (C) 5. The Embassy has a Claims and Condolence Program which was established to provide condolence and solatia payments to individuals harmed or injured by PSD movements without regard to fault. GOI representatives have indicated that compensation may help ease the tension resulting from the incident. The Ambassador has authorized the Claims and Condolence Committee, under DCM guidance and in coordination with the Department, to streamline the process and to seek expedited payments as appropriate to those injured and to the families of those killed. -------------- Media Analysis -------------- (C) 6. Coverage of the September 16 incident has remained prominent in the Iraqi and Pan-Arabic media. The main reports have focused on the Ministry of Interior (MOI) deliberations concerning the revocation of the company's license and the revelation that the MOI is in possession of video footage of the incident (note: the Embassy is working with the Department to determine what licenses or registrations Blackwater may or may not have held). Reports concerning new developments remain largely neutral and carry comments by both GOI and USG officials. However, editorial commentary on the incident and the presence of foreign security companies as a whole has been extremely negative. Most accounts state that the U.S. is using the private security companies to take "dirty" actions that are against normal military procedure, and criticize the fact that there are no GOI controls in place to deal with them. -------------- GOI to Establish Random Checkpoints -------------- (C) 7. The GOI announced that in cooperation with Coalition Forces, it will establish random traffic checkpoints at which all vehicles, including USG convoys, must stop. This initiative is being led by the Baghdad Operations Center under the command of General Aboud. While MNF-I has agreed in principle to this, they are working to ensure that the concerns of all Embassy elements are addressed. Any plan that required USG convoys to wait at checkpoints for long periods of time or for vehicles and personnel to be subject to search and inspection would be extremely problematic. The DCM has also raised this issue with the MOD in conversation on the 26th and in a follow-up letter. -------------- Comment -------------- (C) 8. The GOI's response and actions regarding this incident are uncoordinated. We expect more direction, especially regarding the GOI half of the Joint Commission, when Prime Minister Maliki returns from the United States this weekend. CROCKER