PMO OFFERS CONTEXT ON DISPOSITION OF CORRUPTION

UNCLAS BAGHDAD 001211 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL IZ IR SUBJECT: PMO OFFERS CONTEXT ON DISPOSITION OF CORRUPTION CASES ¶1. (SBU) In an April 16 meeting, the DCM introduced Ambassador Lawrence Benedict to Dr. Tariq Abdallah, Prime Minister (PM) Maliki's Chief of Staff. Ambassador Benedict said he looked forward to supporting the GOI in its anti-corruption efforts, and noted one immediate subject of concern: Judge Radhi (the former head of Iraq's Commission on Public Integrity) has alleged that Maliki issued a "secret order" saying that all anti-corruption cases involving senior GOI officials needed his approval. These allegations have been of great concern to the USG and the Congress. ¶2. (SBU) Dr. Tariq welcomed Ambassador Benedict and said that he looked forward to working with him, adding that fighting corruption remains one of the Prime Minister's highest priorities. Dr. Tariq explained that no one is above Iraqi law when it comes to corruption investigations. Anyone "regardless of rank" can be subject to investigation, and neither the PM nor anyone else has a legal right to prevent an investigation. ¶3. (SBU) Dr. Tariq said the PM's order issued in April of last year was meant to prevent cases that could/should be dealt with administratively and those that were frivolous from being referred to judge/prosecutors. The order applies to officials of the President,s office, the Council of Ministers and current and former Ministers. ¶4. (SBU) Dr. Tariq said that the PM had only invoked this legal right on two or three occasions. He cited two specific examples: one involving a complaint against former Minister of Communications Massoum, and one involving an un-named minister who had been accused of using his position to send his relatives to perform the hajj. Without going into specifics on the first case, Dr. Tariq suggested the latter accusation was without merit because the GOI Hajj Commission reserved a certain number of hajj positions for ministers and their relatives as a matter of course. In both cases, the PM felt the scope of the alleged offense did not warrant a full trial. ¶5. (SBU) Dr. Tariq said it was unfortunate that Judge Radhi had not also explained to Congress that PM Maliki instituted a procedure under which if 136B is invoked by a Minister, that decision automatically triggers a meeting by a review committee to ensure that the decision was appropriate. The committee, which is chaired by Dr. Tariq, includes a representative from COI, as well as an IG from the ministry involved. ¶6. (SBU) In conclusion, Dr. Tariq reiterated that Prime Minister Maliki does not prevent corruption investigations from going forward, nor does he have the legal power to do so. The discretionary power to prevent cases against senior GOI officials from being referred to judge/prosecutors that is granted under 136B has been granted by law, was intended to avoid burdening the legal system with frivolous cases, has seldom been used, and is automatically subject to committee review. CROCKER