BASRAH REGIONAL COURTHOUSE NEARING COMPLETION

C O N F I D E N T I A L BAGHDAD 003054

SIPDIS

E.O. 12958: DECL: 07/31/2018
TAGS: PGOV PREL PHUM KDEM IZ
SUBJECT: BASRAH REGIONAL COURTHOUSE NEARING COMPLETION

Classified By: Deputy Political Counselor Greg D'Elia; reasons 1.4 (b)
and (d)


1. (C) Summary: The Army Corps of Engineers Gulf Region
South (GRS) will complete construction of the new Basrah
Regional Courthouse on September 25 and plans to transfer
possession to the Iraqi government on that date. After some
debate, the Iraqi High Judicial Council (HJC) has agreed to
assume responsibility for the building's security, court
set-up, and furniture, although Basrah Provincial
Reconstruction Team (PRT) is concerned that they have
underestimated the work involved. Although agreeing to
furnish the building, the HJC is unable to say exactly when
that will happen and thus a grand-opening ceremony cannot be
set at this time. GRS plans a low-keyed media event for the
handover on or about September 25. PRT would appreciate INL
guidance regarding possible re-programming of INL funds (see
para six). End summary.


2. (C) GRS has told the REO that construction of the $10
million Basrah regional Courthouse is scheduled for
completion on September 25. On that day, GRS plans to hand
legal possession of the building to the High Judicial Council
(HJC),represented by Provincial Chief Judge Laith. The PRT
fears that the HJC is either unaware or has underestimated
the responsibility involved with the handover, however. The
PRT foresees many complications for local officials,
including security, court set-up, and the transfer of
furniture.


3. (C) Realizing the complexities involved, the PRT and UK
Foreign Commonwealth Office (UK FCO) proposed the creation of
a steering committee in August to guide the transfer of
ownership. Laith dismissed the idea, however, claiming that
the transition would be simple. Attempts by UK FCO Consul
General to persuade Laith via letter proved futile.


4. (C) Formerly, the issue of who would furnish the
courthouse ) the Coalition or the GOI ) had been a point of
contention between the two sides. With assistance from
Embassy Baghdad's Rule of Law Coordinator, however, the HJC
has now agreed to provide furniture for the building. The
only outstanding issue at this point is the actual delivery
date. PRT believes HJC is taking concrete steps toward
furnishing the building, although predicting when the
furniture will show up is difficult. Once the building is
furnished, a date can be set for a ceremonial dedication with
major media coverage.


5. (C) GRS and its contractors intend to leave once the
building is complete on September 25. GRS plans a low-key
handover ceremony with minimal media coverage, so as not to
undermine any future event.


6. (C) In addition, the PRT also has been pushing for a
separate security assessment of the judicial complex, with a
consultant on-site to help local judicial security officials
write a security plan. The U.S. Marshal's Service has
already prepared a complete security assessment of an
identical judicial complex constructed elsewhere in Iraq;
provided this assessment to the RSO in Basrah; and agreed to
visit Basrah if the RSO, after reviewing the assessment,
believes a visit to the Basrah facility is necessary. The
PRT has requested that INL provide a security consultant out
of the 600,000 USD in available funding for security upgrades
from the Embassy's International Narcotics and Law
Enforcement (INL). In addition, the PRT hopes to use some of
the security equipment money to assist local judicial
authorities to better secure the site. (Request for
guidance: The INL funds were earmarked originally for
security upgrades to the old courthouse, which was formerly
intended to be renovated. PRT would appreciate INL guidance
regarding whether any or all of the original funds can be
re-programmed, and for what purposes they could be used. End
request.)


7. (C) Comment: GRS,s low-key handover on September 25 is
also meant to minimize any negative publicity that may be
generated by Laith, who, while trying to get the USG to pay
for the furniture also threatened to make the USG look bad if
it did not. We will maintain the pressure on Laith and,
through the PRT RoL Advisor and the RoL Coordinator's Office,
track the HJC,s follow-through with the funding. Once the
courthouse -- including its furnishings -- is ready, we will
notify Ambassador Crocker, who expressed interest in
attending the inauguration. End comment.
CROCKER