BAGHDAD-BASED FAYLI KURDS CALL FOR ASSISTANCE,

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003555

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/21/2017
TAGS: PGOV IZ
SUBJECT: BAGHDAD-BASED FAYLI KURDS CALL FOR ASSISTANCE,
COMPENSATION

REF: BAGHDAD 1333

Classified By: Acting Deputy Political Counselor John Rath for reasons
1.4 (b) & (d)


1. (C) Summary: Samia Aziz Muhammad, Fayli Kurd and PUK
member of the Kurdish Alliance in the Council of
Representatives, told Poloff October 11 that the Faylis have
been struggling since 2003 to regain what was stolen from
them under Saddam and to punish those that subjected Iraq,s
Fayli Kurd population to kidnappings, deportations and
killings that she believes amount to genocide, mostly without
success. Other Faylis living in Baghdad have echoed these
calls for assistance though they have focused on addressing
their current plight ) inability to find jobs in a polarized
city. End Summary.

Faylis Oppressed Under Previous Regime, No Better Now
-------------- --------------


2. (C) CoR member and Fayli Kurd Samia Aziz Muhammad told
Poloff October 11 that the previous Sunni regime subjected
Iraq,s Fayli Kurd population to kidnapping, deportation and
killings that amount to genocide (Note: Most Faylis are Shia.
End Note). During Saddam,s campaign against the Faylis she
estimates 10,000 were murdered and approximately 500,000
deported, mostly to Iran - almost 16,000 Fayli families were
displaced from Baghdad. Now those that have returned are
under fire for their time in Iran ) time they did
involuntarily, she explained. They have been largely unable
to reclaim their property or receive compensation. Even when
they do find their way through the bureaucratic and political
labyrinth of the property claims process they usually are
unable to recoup anything beyond the domicile or the land )
possessions, interest and lost rent, for example. In fact
the previous tenants are compensated handsomely for moving
out, a fact that Samia resents. Samia said she had
complained to the Ministry of Finance on this issue as
recently as October 10, to no avail.


3. (C) According to Samia, many Faylis are again leaving
Baghdad - they and the Turkomen are oppressed by both Shia
and Sunni. By way of example, she related an incident in
which some Sadrists sent a note to a wealthy Fayli man living
in the Jumila neighborhood of Baghdad, threatening to kill
him if he did not vacate his house or provide a bribe. The
Fayli man went to the local Sadrist office and explained that
he too was Shia, and wondered why they were threatening him.
The Sadrists told him he was different, not a "real" Shia.
They also denied that anyone in their office would send such
a note. Later he received another note asking why he had
gone to the office to report the first note. He then opted
to flee to the Kurdistan Region. Samia said she took this up
with Sadrist CoR member Nasar al-Rubaie who admitted that
many Sadrist offices were penetrated by criminals. Samia
opined that the Sadrists are using the Fayli excuse to
justify their theft.


4. (C) Asked if President Talabani was aware of the plight
of the Faylis in Baghdad she said she had personally
discussed this issue with him, but he had responded that it
was difficult to do anything for them outside of the
Kurdistan Region.

Justice and Retribution
--------------


5. (C) Mrs. Samia's primary concern is getting a chance for
lawyers or investigative judges to take statements from
former regime elements such as Tariq Aziz, Chemical Ali and
others before they are executed. She believes that is the
only way that the Faylis will have justice for these crimes.
Otherwise the Faylis have only their word with which to
reclaim their property. She passed a partial list of these
detainees to Poloffs.


6. (C) She contacted one of the investigative judges at the
Iraqi High Tribunal who is handling the case of the Fayli
Kurds (name unknown) but he has been unhelpful, she said. He
told Samia that the Americans were restricting his access to
detainees and it was thus difficult to investigate her
claims. He told her he went to the airport to interview
them but the American who had agreed to help them did not
show and thus he was only able to interview 1 person )
Sadoon Shakr, the former Iraqi Minister of Interior under
Saddam. She asked for U.S. help in solving access issues and
getting the judge in to see these detainees.


7. (C) Samia also told the Iraqi investigative judge that
many Faylis are still displaced in countries around the world
and need assistance to return to Iraq or to receive
compensation. The Judge told her visiting each of them to

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take their statements was unrealistic but he said they could
go to the Iraqi embassies or consulates in their respective
countries to give their statements.


8. (C) Samia said that after the Coalition liberated Iraq in
2003 she considered the US "second only to God," but since
then she has experienced nothing but disappointment and
frustration with American actions (or lack thereof),a
feeling she says many Faylis share. She said there is much
emphasis on the plight of those who have immigrated to Syria
or Jordan since security worsened in Iraq and a huge effort
to render them assistance. She opined that those that were
forced to leave more than 20 years ago also deserve
assistance.

Next Steps
--------------


9. (C) Samia said since she has been unable to get
satisfaction in Baghdad she plans to go to the Hague to
prosecute the former regime members under the international
criminal court. Her goal is to have the whole world know the
plight of the Faylis and what the former regime did to them.
She said that through all her suffering over the last four
years they fought with dialogue and democracy, never taking
up arms. She believes that this is the only way to solve
problems, but she is increasingly frustrated. She explained
that, after working through the Iraqi Property Claims
Commission for four years she was suddenly told that the
Commission could not address her claims and that she should
file in a regular Iraqi court.


10. (C) She described to Poloff some of the laws issued
under Saddam that specifically targeted the Faylis. She said
she is working on draft legislation to repeal these laws and
asked for help in finding good legal counsel ) someone
experienced in deportation cases who has experience in
Romania, Kosovo or other places dealing with prosecuting and
making reparations for "genocide" in places such as Kosovo.
Sample laws targeting Faylis include one whereby the GOI
would give 4000 Iraqi Dinars (ID) to a soldier who divorced
his Fayli wife and 2500 ID to a civilian who did the same.
She said there were Turkomen fighting in the Iraqi Army
against Iran whose families were deported to Iran while they
were away at the front. She also claimed that Faylis were
forced to join the army while other Iraqi citizens or recent
immigrants were allowed to choose.


11. (C) Comment: Baghdad's Fayli Kurds appear to be
struggling to find a place in an increasingly divided city
and often seem neglected in the face of the larger Sunni v.
Shia fight. According to Baghdad Faylis, most other Kurds
have fled the country or relocated to the Kurdistan Region,
and many of the local Kurdish party leaders are Fayli Kurds.
Local PUK leader and Fayli, Sadoon Shafi, has repeatedly told
Poloff how difficult it is for a Fayli to find work in
Baghdad because neither Sunni nor Shia Arabs will accept
them. Shafi also told us in September that the Faylis in
Baghdad had formed a chamber of commerce to help improve
their economic situation and requested USAID assistance to
begin a number of unspecified projects. While most Faylis
voted with Shia parties in the last elections, their
increasing separation from Shia society combined with
recruitment efforts from the local PUK and KDP could sway
their allegiance toward the Kurdish list.


12. (C) Bio Note: Samia, a frequent contact for Embassy
Baghdad, has personally experienced tragedy, losing several
family members since her return in 2003 in addition to those
lost to the former regime. A Danish citizen, Mrs. Samia
explains that legally and financially she has no reason to
remain in Baghdad, but she returned and remains on principle
- to reclaim what was taken from her 27 years ago and
champion the cause of the Faylis. Though elected through the
PUK, she considers herself an independent.
BUTENIS