VISIT REQUESTED BY HOLY SEE LIKELY TO LEAD TO

C O N F I D E N T I A L SECTION 01 OF 03 BAGHDAD 003009 SIPDIS JUSTICE PASS TO JOHN EULER, DOUGLAS ALLEN, EVAN YOUNG E.O. 12958: DECL: 09/17/2018 TAGS: PHUM SOCI IZ SUBJECT: VISIT REQUESTED BY HOLY SEE LIKELY TO LEAD TO AIRING OF TARIQ AZIZ, ACCUSATIONS OF HUMAN RIGHTS VIOLATIONS REF: A. BAGHDAD 2148 ¶B. VATICAN 55 BAGHDAD 00003009 001.2 OF 003 Classified By: Ambassador Ryan C. Crocker for Reasons 1.4 (b) and (d). ¶1. (C) SUMMARY: On July 10, the Holy See asked the USG to arrange for a human rights attorney from Rome to meet with former Iraqi Deputy Prime Minister Tariq Aziz, who was the highest ranking Christian in Saddam Hussein,s government and is now on trial before the Iraqi High Tribunal (IHT). On September 10 and 11, Mr. Mario Lana, an attorney associated with the International Federation for Human Rights (FIDH), visited Aziz, as facilitated by Embassy Baghdad,s Regime Crimes Liaison Office (RCLO). During the meeting with the attorney and an Italian Embassy official, Aziz complained about his detention conditions, the trial and his medical care. He also complained that his retained trial attorney is boycotting the trial because of security concerns. These complaints, some of which are viewed by RCLO as unfounded, will likely be relayed to the Italian Government, the Vatican and the media. END SUMMARY. ¶2. (C) On July 10, the Holy See sent a note verbale to the U.S. Embassy to the Holy See asking that the USG arrange for a human rights attorney from Rome to meet with former Iraqi Deputy Prime Minister Tariq Aziz, who was the highest ranking Christian in Saddam Hussein,s government and is now on trial before the IHT. Aziz is in the custody of Coalition Forces and guarded by U.S. Military Police (MPs). He is normally detained at Camp Cropper by MNF-I,s Task Force 134; when he in trial, he is transported by the MPs to the IHT. Although the IHT detention facilities themselves are controlled by the GOI, U.S. MPs guard Aziz at all times. ¶3. (C) On September 10 and 11, Mr. Mario Lana, an attorney who is a board officer with the International Federation for Human Rights (FIDH),visited Aziz at the IHT Courthouse, as facilitated by RCLO. Nicola Bazzani, First Secretary of the Italian Embassy in Baghdad, accompanied Lana in his meetings with Aziz. AZIZ,S LIST OF COMPLAINTS -------------- ¶4. (C) Following the meetings, Lana relayed Aziz,s complaints to RCLO, which are described in more detail in paragraph five. Aziz complained to Lana about the conduct of the trial, his detention conditions, and lack of proper medical care. He also relayed to Lana that his retained trial attorney is boycotting the trial because of security concerns. Lana told RCLO that he asked Aziz to write letters detailing his complaints to the Holy See and to his supporters. Aziz declined because he thought it would be counter-productive, Lana told us. Lana wrote down Aziz,s complaints in detail and indicated that he would publicize them. We anticipate that Bazzani will relay the complaints to the Italian Government, and that Lana will relay them to the Holy See and will seek media interest in the matter. ¶5. (C) According to Lana, Aziz,s complaints included the following allegations (RCLO comments are noted when relevant): -- Lack of appropriate medical care. He says he suffers from heart problems and diabetes, but only receives pills for treatment and only sees the doctor once a month during routine medical visits. (COMMENT: Task Force 134, which has custody of Aziz and other High Value Detainees, provides medical care to all detainees, including tests and admissions to the Combat Support Hospital in the International Zone (IZ). Aziz receives the same level of medical care as soldiers and other U.S. personnel in the field. RCLO is preparing a letter to Lana addressing this issue. END COMMENT) -- Lack of privacy in his cell at the IHT. He shares the cell with a roommate and there is no privacy when using the toilet in the cell. (COMMENT: Small makeshift partitions are used in the cell for some degree of privacy. In addition, when in the recreation area (two hours per day),prisoners can use an outside toilet which affords privacy. END COMMENT) -- The lighting in the cells is dim and too poor to read by. -- Lack of access to the outdoors and fresh air while at the IHT. (COMMENT: According to an ICRC report on the detainment facility at the IHT, which was delivered to the President of the IHT and copied to Ambassador Crocker on July 29, Aziz and the other prisoners have access to open air four hours per BAGHDAD 00003009 002.2 OF 003 day, which is considered adequate by the ICRC. END COMMENT) -- Lengthy detention at the IHT without being returned to Camp Cropper, where conditions are better. Aziz complained that on one occasion he remained at the IHT for 18 days. (COMMENT: Because he is a defendant in two ongoing trials, it is impractical to return him to Camp Cropper when there are only short breaks between trial sessions. END COMMENT) -- He was in custody for five years before finally having a trial. (COMMENT: Most of the High Value Detainees have been in custody for years. This stems from two factors: (1) the IHT investigations have been time-consuming and thorough and involve finding and taking testimony from numerous witnesses and victims spread across Iraq, in addition to reviewing and analyzing thousands of regime documents. The first years also involved locating and excavating mass graves by forensic experts. (2) The IHT initially was able to try only one case at a time, beginning with Saddam,s trial, followed by the Anfal trial which lasted over a year, concluding in June ¶2007. Now, however, the IHT is conducting three trials, most of its investigations are completed and there is an eagerness to bring the remaining cases quickly to trial. The IHT is also considering constructing a second courtroom in order to move cases more quickly to trials. END COMMENT) -- He is on trial in two cases and so far, none of the witnesses has mentioned his name. (COMMENT: This is not unusual at this stage of the trials as numerous victims and complainants are now detailing the brutal measures taken by the regime against civilians. Aziz,s alleged role comprised participating in high-level approvals of retaliatory regime actions against civilians, and proof of his role is expected to come later in the trials. END COMMENT) -- His retained trial attorney is boycotting the trial because of security concerns. (COMMENT: This was more a matter of the loss of free housing in the IZ rather than security, and may be resolved. See paragraph six. END COMMENT) THE RDC BOYCOTT -------------- ¶6. (C) The IHT-retained defense counsel (RDC) have boycotted the trials since September 1, when the U.S. Marshals Service (USMS) stopped providing security and free housing in the IZ for the RDC and transferred those responsibilities to the IHT. The reduction in USMS services to the IHT was done after prior notice and in furtherance of its transition plan. The IHT will also assume responsibility for providing escort and transportation services within the IZ, as the USMS previously did. One alternative is for the RDC to stay at the Al Rasheed Hotel in the IZ, where many GOI ministers and other officials stay. The retained attorneys, however, perceive the Al Rasheed as being dangerous because their defense of former regime figures is unpopular (NOTE: Court appointed IHT defense attorneys stayed at the Al Rasheed without any security problems, until recently, when the IHT stopped paying for their rooms. END NOTE) The RDC consider other housing in the IZ too expensive, and IHT officials believe the IHT is not authorized to expend funds to house the RDC. On September 14, RCLO learned from the IHT official who coordinates with the RDC that the housing situation was reportedly resolved and that the RDC plan to end their boycott and return to court. The RDC reportedly obtained housing together for the duration of the trial by renting a house in the Red Zone. However, the RDC has not yet returned to trial. We will follow up with the RDC to see why they have not returned to court. NEXT STEPS -------------- ¶7. (C) After the meetings, RCLO advised Lana that the ICRC had recently conducted a thorough inspection of the IHT detention facilities and conditions and issued a favorable report. The IHT President told Lana that the report showed that conditions are excellent. Lana asked for a copy of the report and the IHT President told him it was confidential but he would try to make a copy available to him. (NOTE: As mentioned in paragraph five, Embassy has received a copy of the report from ICRC. END NOTE) ¶8. (C) RCLO will send Mario Lana a letter addressing some of Aziz,s complaints and explaining that Aziz receives proper medical care. Lana and the Italian Embassy expressed their appreciation for the assistance of RCLO in facilitating their visit to the IHT. BAGHDAD 00003009 003.2 OF 003 OTHER MOTIVATIONS -------------- ¶9. (C) Although Lana,s stated reason for visiting Aziz was as a family friend and personal attorney, Lana unsuccessfully sought, during a meeting with the IHT President, to be appointed as an international advisor to the IHT Court. Lana also unsuccessfully argued, based upon Iraqi law, that IHT Judges were not properly appointed. The next day, Aziz,s Iraqi lawyer confronted Lana about Lana,s conflict of interest. The lawyer correctly pointed out that Lana could not be both an advisor to the IHT and an advocate for Aziz at the same time. The lawyer demanded that Lana choose one role, and after extended discussions, Lana chose to represent Aziz,s interests. CROCKER