EMBASSY PRESSES GOI TO RESTORE ALUSI'S IMMUNITY

C O N F I D E N T I A L BAGHDAD 003026 SIPDIS E.O. 12958: DECL: 09/19/2018 TAGS: PGOV IZ SUBJECT: EMBASSY PRESSES GOI TO RESTORE ALUSI'S IMMUNITY AND PROVIDE PROTECTION. REF: BAGHDAD 2975 Classified By: POLMINCOUNS ROBERT S. FORD, FOR REASONS 1.4 (B) AND (D). ¶1. (C) Following the Parliament's decision September 14 to remove Mithal Alusi's parliamentary immunity after Alusi's visit to Israel and public criticism of Iraq politicians' ties to Iran (reftel),the DCM expressed USG concern over this action to the Prime Minister's Chief of Staff Tariq Abdullah. The DCM expressed USG concern over reports that the Prime Minister's office (PMO) had stopped paying for extra security for Alusi in the face of death threats to Alusi, and underlined the need for the GOI to protect freedom of speech. Furthermore, the DCM noted that the case has attracted negative publicity in the U.S. Abdullah denied that the PMO had removed security protection from Alusi. He said that they had not contacted anyone or intervened in the case. He added that providing security protection is not the responsibility of the GOI, but rather the Parliament. DCM responded that if anything happens to Alusi the Iraqi government's reputation as a whole would suffer. (Comment: Despite Abdullah's denial that the PMO was involved in the Alusi affair, Mithal Al-Alusi insisted to PolMinCons on September 18 that a staffer in Abdullah's office had called Alusi's office on September 15 and stated that Iraqi Defense Ministry funding for extra Alusi security would be withdrawn. End Comment.) ¶2. (C) Chief Prosecutor Judge Ghadanfer told embassy Rule of Law officer on September 16 that the Prime Minister's office requested the judge's advisory opinion on whether Alusi should be charged under 1969 statute which prohibits Iraqis from traveling to countries unfriendly to Iraq. According to Judge Ghadanfer the statute applied to the United States, Israel and Iran during the Saddam era. Ghadanfer added that he did not support the possible prosecution of Alusi under this old statute, though he was personally outraged at Alusi's trips to Israel. Ghadafer said that he had not written the advisory opinion yet, and that he would like to seek Chief Judge Medhat's input and assistance in dealing with the request from the Prime Minister's office. ¶3. (C) Embassy ROL contacted several senior MOI officials beginning on September 15 to seek protection for Alusi. Those contacted included MG Ayden Khaled, Deputy Minister, Iraqi Police Affairs; MG Hussein ali Kamal Deputy Minister, Intelligence; and MG Ahmed Taha Mosawi, Director General, Internal Affairs. Each expresed a willingness to assist but indicated they would first need to seek the approval of Minister of Interior Jawad Bolani. We talked to Alusi on September 18 and visited him on September 19 but so far no extra police have appeared. Embassy RoL will raise this again with the Interior Ministry on September 21. ¶4. (C) Kurdish parliamentary bloc leader Fouad Massum, who played an unhelpful role during the parliamentary melee that ended with Alusi losing his parliamentary immunity, told Poloffs on September 18 that Alusi was brave but not wise. Massum said that Alusi's motivation in going to Israel was to slap Iran in the face. He added that there was no legal basis for punishing Alusi, and Alusi will remain in the Parliament. Ayatollah Hussain Ali Al-Sader, arguably the most influential Shia cleric in Baghdad, told PolMinCons on September 18 that the U.S needs to support Alusi and be more engaged with GOI in preventing them from pursuing prosecution. PolMinCons reviewed our efforts to date and urged the Ayatollah to find ways to urge Iraqi officials and parliamentarians to stop the legal investigations and quietly restore Alusi's parliamentary immunity. The Ayatollah agreed this was the wisest way to proceed. CROCKER