PRT-WASIT: CHIEF JUDGE THANKS AMERICANS,

S E C R E T SECTION 01 OF 02 BAGHDAD 001908 SIPDIS E.O. 12958: DECL: 06/19/2018 TAGS: PGOV IZ SUBJECT: PRT-WASIT: CHIEF JUDGE THANKS AMERICANS, CRITICIZES GOI REF: BAGHDAD 1585 Classified By: PRT Team Leader Robert Kagler for reasons 1.4 (b, d). ¶1. (U) This is a PRT Wasit reporting cable. ¶2. (S//REL) Summary: On 3 June 2008, Wasit Chief Judge told PRT and CDR 214 Fires Brigade that there are continuing problems receiving support from the provincial and central governments including assistance with judge and courthouse security. Chief Judge Fayeq Hatab complained that Iraqi Army and Police units have regularly detained suspects without arrest warrants and hurt their own credibility by treating detainees poorly. He praised two individual Iraqi police officers but asserted that "Iranian influence is controlling the whole of Wasit" due in part to Badr Corps' control of mid and senior officers in the IP and he complained that he feels more pressure under the current government than under Saddam Hussein. End summary. ¶3. (S//REL) Fayeq expressed continuing frustration with the lack of support to Wasit's judicial branch by national and provincial governments, noting "every time I get stuck, I go to the Americans; it hurts me to say that...we (the Wasit judiciary) are now an independent legal system and the executive branch does not like that fact: they arrest without warrants and whenever we try to stop it they create a lot of problems for us; it is executive abuse." Referring to a generator provided to the Al Kut courthouse, he said, "I have 200 employees with lights and air conditioning because you (the Americans) provided the power." ¶4. (S//REL) As he has done in all prior meetings with PRT, Fayeq reiterated the need for increased security for judiciary personnel and courthouses. He asked for PRT assistance with renovations for the Al Hay and Numaniyah court houses and support securing a GOI building, formerly occupied by Islamic Supreme Council of Iraq (ISCI) and currently owned by the Ministry of Finance (MOF),to be used as new court house in Al Haay at an estimated renovation cost of less than $25,000 USD. According to the Chief Judge, the provincial government deliberately withholds electricity to court houses "as bargaining chips" regarding judicial rulings. Wasit court houses in Badrah, Numaniyah, and Al Hayy lack basic essential services (i.e. electricity for just several hours a day with no back up generators, no air conditioning, no public latrines, no water service, no functioning court rooms, lack of adequate detainee holding areas, no chairs for waiting areas, plaster and painting needs, etc). Fayeq also stated that the HJC was not providing the number of PSDs required for Investigative Judges and has provided no replacements for Facility Protection Service (FPS) guards who were dismissed or quit. As a result of this neglect, he said that judges throughout Wasit look to CF to solve both the security needs of judges and the logistic needs of their courthouses. ¶5. (S//REL) Fayeq said that on a Baghdad trip in early May, he saw a television report quoting 8th IA CDR Major General Othman Al Ghanemi claiming that 109 suspects had been arrested in the Zuwarjaht area of Al Kut "on orders from judges." When Fayeq returned to Al Kut, he learned that arrest warrants had, in fact, not been issued and that the suspects were being detained at Iraqi Police (IP) headquarters. He ordered an IP captain named Khalid to bring all 109 detainees before the court. Capt Khalid reported back that his IP boss had stopped him from doing as Fayeq requested and, according to Fayeq, he was subsequently transferred to a different town for attempting to follow the direction of the Chief Judge. Fayeq then ordered one of his Investigative Judges (IJs) to release any of the 109 detainees against whom there was no evidence, which the judge did. In response to the incident, Fayeq said he sent a "tough" letter to the Provincial Director of Police (PDoP) protesting the event. He then maintained that he began receiving harassing phone calls and text messages but stated that "I will stay strong due to the Americans; the (GOI) will do nothing for me. Because of the Americans, I am not scared, fear no one, and start each day with enthusiasm." ¶6. (S//REL) Fayeq responded favorably to a proposal to hold a CF-sponsored meeting with IP station chiefs on FOB Delta to train them on proper arrest and search warrant procedures and evidence gathering techniques. Rather than an Iraqi Judge conducting the training, CJ Fayeq recommended that it be done by Wasit Law Professor and human rights expert, Dr. Abdul al Kadum, and Prosecutor Reyad Kareem. Fayeq also agreed to a separate meeting with PDoP MG Haneen to discus arrest procedures. ¶7. (S//REL) When asked about investigations of political figures, Fayeq said "I agree that Iranian influence is BAGHDAD 00001908 002 OF 002 controlling the whole of Wasit; those citizens who do not operate that way (referring to people who reject Iranian influence) suffer one way or another...the IP has been infiltrated." He asserted that "there are individuals from the Badr Organization imbedded in the IP as majors and colonels" and "any investigation by the IP into this situation will not be confidential and everyone will press the right buttons for them." He recommended using the al Kut Criminal Investigation Division (CID) for political investigations (Note: Al Kut CID reports directly to the Ministry of Interior. End note.). Asked about PC members who complained they were politically targeted by the CID, Fayeq stated "I complained about (KSWAT and CID CDRS) Capt Aziz and Capt. Majid previously, but events this past March proved to me that they are effective and loyal to Iraq, now I am thankful that they are working, they should be investigating these officials." ¶8. (S//REL) Fayeq opined that IPs are causing problems by imitating the prisoner handling techniques of CF. He said the practice of putting a sack over the heads of detainees, tying their hands behind their backs "and leading them around like animals" is damaging the IPs credibility and stressed that "people need to be treated with dignity when they are brought to a court house, human rights and dignity must be protected." He also acknowledged that "not all of the judges follow the law...I know because I follow their work." He said that some judges "appointed outside the normal (post-Saddam) system" have approved IP violations, and contended that "post Saddam, regular lawyers were appointed as judges, in contrast to the previous judicial system where a set process" was followed to be a judge. These judges appointed outside of the normal structured system post Saddam have political affiliations and we suffer for that." Fayeq concluded by saying: "I am under more pressure now than when I was a CJ under Saddam." ¶9. (S//REL) Comment: We disagree that the al Kut CID is best positioned to lead political investigations as its leadership reports directly to the MOI, which is perceived by many Wasit politicians (independents and Sadrists) as being a Da'wa/ISCI/Badr tool to suppress a more politically popular Sadrist movement. In a May meeting, the PDoP recommended the formation of a committee to monitor investigations of politicians designed to protect both the politician from a politically motivated charge and the IPs from charges of being a political tool (reftel). While we agree with the intent, we do not agree that that an extra-judicial committee is an acceptable solution and we will continue to work with all stakeholders on a satisfactory mechanism to address these issues. ¶10. (S//REL) Comment continued: The High Judicial Council (HJC) Chief Judge Medhat is neglecting the critical security needs of judicial personnel and of court houses and basic essential services and other logistical requirements of court houses. The lack of personal security for judges and the security deficiencies for court houses are the two priority needs consistently voiced by all judges in Wasit. They report that their repeated requests to the HJC for security assistance are either ignored or denied. Many judges lack after-working hours protection. PSD and FPS personnel lack sufficient firearms and ammunition, have no communication gear outside of Al Kut, and are underpaid. Inadequate personal judiciary and court facility security prevents an environment in which members of the judiciary can enforce the law free from fear of personal reprisal. End comment. CROCKER