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