I-NSC OCTOBER 12 REVIEWS SITUATION IN MOSUL,

S E C R E T SECTION 01 OF 04 BAGHDAD 003325

SIPDIS

E.O. 12958: DECL: 10/13/2018
TAGS: MOPS MARR MASS PREL PTER SY IZ
SUBJECT: I-NSC OCTOBER 12 REVIEWS SITUATION IN MOSUL,
AMNESTY LAW AND RELATIONS WITH TURKEY

Classified By: Ambassador Ryan C. Crocker for reasons 1.4 (b) and (d).


1. (S/REL MCFI) Summary. The October 12 meeting of the
Iraqi National Security Council (I-NSC) opened with the Prime
Minister setting aside the prepared schedule and calling for
a briefing on the situation of reported Christian persecution
in Mosul City, Ninewa. All members of the NSC wanted to know
who was behind such attacks and what the real number of the
attacks was. Some thought local security forces were
involved; an idea downplayed by the Minister of Defense. A
committee was established to go to Mosul immediately and to
learn the true facts. The Governor of Babil then made a plea
that the transfer of security from MNF-I to Provincial
authorities, scheduled to take place on October 23, not/not
take place. He complained that he does not have sufficient
police to protect his province once Coalition Forces depart.
The Minister ofInterior promised to send supplementary troops
to cover Babil while new officers are trained over the course
of the next 90 days. PM Maliki assured the Governor that
support would be provided to allow the transfer to go ahead
on October 23. NSC members discussed the amnesty law and
discussed in detail a number of loopholes that could allow
insurgents to escape justice. The PM suggested the law would
not be used until it is amended. The Minister of Foreign
Affairs briefed on the subject of relations with Turkey,
explaining that the PKK claimed responsibility for two recent
attacks on Turkish forces launched from within Iraq. He said
the situation is poisoning Iraq's relationship with Turkey
and expressed concern that Turkey would continue attacking
northern Iraq. He hoped that the issues could be discussed
during an upcoming visit by a Turkish delegation. End
summary.

Christians in Ninawa
--------------


2. (S/REL MCFI) Throwing out the agreed agenda, a clearly
exasperated Prime Minister (PM) exclaimed, "Now they are
going against Christians in Mosul" and said the meeting
should immediately turn to the situation there. Citing the
fact that the Minister of Defense (MoD) just returned from
Ninewa, the PM turned to him for a briefing. In what was the
main theme of his report, MoD said that his forces are taking
all actions possible but noted political motives and said
that some had exaggerated the number of Christians suffering
persecution in and around Mosul. He took particular umbrage
at the Governor of Ninawa's comments to the media in which he
said that over a thousand Christian families had fled, saying
he did not believe there were that many Christians even
living within Mosul. He suggested that only 600 Christian
families live in Mosul and these are not concentrated within
one region.


3. (S/REL MCFI) Acknowledging widespread reports of physical
violence against Christians, the Minister said there had only
been six deaths - one involving a ten-year old child and
another of a wheelchair-bound 70-year old man. Refuting
local government charges that 600 to 1000 families had fled
the city and its environs, the Minister cited reports from
three districts that said a total of 175 families had been
displaced. The Minister then called for the expansion of
existing and ongoing operations in and around Mosul to
include increasing patrols around Christian neighborhoods,
setting up checkpoints, changing out troops at existing
checkpoints and meeting with Christian clerics. Deputy Prime
Minister Essawi said that compensation should be provided to
the families whose houses had been destroyed.


4. (S/REL MCFI) NSA Advisor Rubaie pressed the Minister on
who were the perpetrators of the violence and threats in
Mosul. MoD stated that it was almost certainly al Qaeda
and/or 'members of the old regime,' (Baathists). (Another
speaker thought Islamists are to blame.) The Minister sees
these attacks as designed to throw the government off balance
or to divert its attention as it prepared to launch the next
in its series of major security operations: an operation due
to begin in Mosul October 15. He noted that by attacking the
Christians, AQI was "causing confusion" to undermine the
operation.


5. (S/REL MCFI) The Acting Minister of Justice (MoJ) offered
that "organized crime" might be behind recent events while
the MoI suggested that it was due to approaching elections.
MoD concluded by suggesting that the Interior Minister and
the National Security Advisor (NSA) should go north the
following day to personally investigate. In response to a
question about why the MoD's figures differed so drastically
from the local governor's office, the Defense Minister
dismissed him as a great exaggerator. "Where is he getting
his information? He never even leaves his building," the

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Minister said of the Governor, adding that he frequently gets
phone calls from Baghdad with inflated numbers that he
inflates even further.


6. (S/REL MCFI),The Prime Minister emphasized the need to
get better facts and said verifiable numbers are vital.
Deputy Prime Minister Essawi called for a committee to
immediately investigate the matter and said "we must protect
the community of Christians." The PM stated that even if the
number displaced is "only 175 families" this is still an
issue that demands immediate attention, and is a political
threat to Iraq. He alluded to the intensely negative image
this could create of Iraq in the international media and the
adverse effect it would have on companies interested in
starting up in Iraq. The PM called for the proposed
committee to include Christians and members of the police and
he instructed the security agencies to identify Christians
within their ministries for service on the committee.


7. (S/REL MCFI) PM next raised allegations that local police
or local army officers were complicit with those threatening
Christians in Mosul. He stated that the Mayor of Mosul
implicated local security forces. The Defense Minister,
however, repudiated that possibility beyond, perhaps, a few
bad apples in the police or army. Minister of Interior
pointed to the possibility of private unlicensed security
companies operating in Mosul without oversight. The Minister
of Finance asked how it was possible with 16 battalions in
the area of Mosul, not a single person had been arrested or
captured engaging in this behavior.


8. (S/REL MCFI) Gen. Babikir, the MoD Chief of Staff stated
that not only Christians were under pressure in Mosul, adding
"even Turkmen and Shia have run away from Mosul." He
concluded that the situation will never be controlled "unless
we send a large number of armed forces into Mosul to win over
the trust of the people." Minister of Foreign Affairs Zebari
noted that he was born in Mosul. Without contributing any
new details on the current situation, he said the
implications for Iraq of the persecution of Christians are
immense. He said the Government of Iraq is being targeted by
this action and needs to respond with "vision." He noted
attention from Europe and the U.S. and the need for dramatic
action to counter fears that would impact Iraq's reputation
and ability to attract investment. The Minister of Interior
said that two brigades of police would be dispatched to help
with the situation. The PM concluded the discussion by
instructing the dispatch of an investigative committee to
Mosul the following day to report back on observable facts.


PIC in Babil
--------------


9. (S/REL MCFI) The Governor of Babil was then invited to
address the NSC on the subject of transferring security
authority from MNF-I to Provincial Iraqi Control (PIC). The
Governor opposed the October 23 transfer date that had been
agreed upon by the GOI and the U.S. forces, stating he still
did not have sufficient trained local police. The Minister
of Interior strongly opposed the request to delay the
proposed PIC, stating that the Governor has enough forces.
The Governor, however, said that Babil is different from all
other provinces and suffers from grave security problems.
Babil, he said, is the main gateway to the middle and
southern provinces and had suffered greatly at the hands of
terrorists. "We have lost many sons of Babil," he said. He
cited the pulling of security forces into Basrah for
Operation Charge of the Knights (in April) that never
returned. He thanked the Defense Minister for the two
battalions remaining in Babil and thanked American forces
located there; "but," he said, "if you take them away we
won't be able to defend ourselves. If something happens, it
will look not only like we lost, but like America lost as
well." The Governor asked for an additional 5000 police
officers. He excoriated the Minister of Interior for not
taking even a single phone call from him in the last seven
months, while praising the PM for the responsiveness of his
office at all times.


10. (S/REL MCFI) The Chief Justice told the Governor that the
pull-out of MNF-I troops would not be complete. "They will
still be able to help, and we will still have the National
Police there." Mr. Safa'a of the DNSA said there were four
considerations when the decision was reached to transfer
security authority in Babil: (1) the readiness of the police;
(2) the readiness of the army; (3) the ability of MNF-I to
assist; and (4) the situation of the government in the
province. The Minister of Interior promised additional
equipment, vehicles and weapons were on their way to Babil to

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assist the local security forces. "Even if we don't have 100
percent readiness, it's good enough," the Minister stated.
He said that if there is a deficiency in the security forces
in Babil, it could be rectified with the provision of more
police, but the PIC process should go ahead as planned.


11. (S/REL MCFI) The Governor countered that it will take a
minimum of 90 days to train new troops and he, again,
insisted the transfer be delayed until after that time. He
said he needs a minimum of two new battalions - or 1400 men.
The Minister of Defense said he would send troops to cover
the 90-day training period and fill the void that would
otherwise be created by the transfer of authority to the
Province. When pressed by the Governor if he would send the
additional troops "tomorrow," the Minister responded, "God
willing." The PM instructed the Governor to meet with the
MoI the next day to discuss police and other requirements and
concluded the discussion by determining that the PIC process
go ahead as planned on October 23 with promises to assist the
Governor when and if necessary.

Amnesty Law
--------------


12. (S/REL MCFI) The conversation next focused on
implementation of the amnesty law. The Chief Justice said
that in a limited period of time, more than 152,000 cases
were reviewed. Of these, 122,508 were covered by the amnesty
law and 29,484 were determined to not be covered by the law.
Of those covered, 15,038 had been released and 8261 were
still incarcerated. Those who fled Iraq yet are covered by
the amnesty law, number 42,370. The Chief Justice praised
the work done by the committee but commented there are
problems with certain phrases in the law that might require
further attention. He highlighted some of the apparent
inequities of, for example, one person charged with terrorism
being released while another charged with lesser offenses is
not. This is as a result, he said, of the way the law was
written.


13. (S/REL MCFI) The Chief Prosecutor of the CTB told the NSC
that there are more than 3000 persons without files. (NOTE:
Iraqi law requires each criminal defendant to be physically
accompanied by a dossier containing charging documents, case
history, court orders for commitment, etc. END NOTE.) He
said an additional 616 detainees have no file. The MoJ added
that the topic of detainees without files is a perennial
subject raised by the Minister of Human Rights. He said that
his Ministry now prohibits detentions without complete files
and stated that to do otherwise would be a violation of human
rights. National Security Advisor Rubaie raised the fact
that the law does not address crimes that are merely
financial in nature. He pointed to the example of a former
Iraqi Minister now living outside the country who faces 24
charges of financial wrongdoing. Rubaie said the former
minister now wants to return to Iraq, receive amnesty and
return to politics.


14. (S/REL MCFI) The PM said the person who wrote the amnesty
law should be held responsible for permitting such loopholes.
"How can we give amnesty to those who stole millions from
the state?" he asked. All agreed that the law had been
poorly drafted. This then led the Chief Justice to a
discussion of another aspect of the poorly drafted amnesty
law: terrorism. He pointed out that if no one is directly
disabled or killed by a wrongdoer's actions, then that person
is eligible for amnesty. Some members questioned, therefore,
whether those who issued fatwas would also be eligible for
amnesty - or, in fact, if Osama bin Laden would be eligible,
since he had not directly killed anyone himself. Deputy
Prime Minister Essawi told the group that the law had been
very rushed. "Everyone agrees that it needs to be amended,"
he said, adding "even Tawafuk agrees the law must be amended
to exclude AQI and the Takfiris."


15. (S/REL MCFI) The MoJ explained that the law will only
apply to acts committed prior to the date of enactment on
February 27, 2008. There then followed a discussion on the
difference between continuing and completed criminal acts.
The MoI commented that anyone who is a member of AQI or any
other terrorist group "should be thrown in jail." According
to the Chief Justice, simple membership in al Qaeda is a
crime, but, to date, no one has been prosecuted for that
alone. If such a terrorist, however, stopped being a member
of a terror group on or before Feb 27, 2008, then he would be
eligible for amnesty. A perturbed PM said at the conclusion
of the discussion that Iraq has been harmed by this poorly
written law and "we will stop using the amnesty legislation
until it has been amended."


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Iraq's Relationship with Turkey
--------------


16. (S/REL MCFI) Minister of Foreign Affairs (MFA) Hoshyar
Zebari briefed the NSC on the current state of relations with
Turkey. He described two recent attacks resulting in scores
of deaths for which PKK terrorists claimed responsibility.
On the first occasion, he said, the terrorists came from the
Iraq side of the border into Turkey. He explained that both
the Government of Iraq (GOI) and the Kurdistan Regional
Government (KRG) denounced the attacks publicly and that the
GOI had been in touch with the Government of Turkey (GOT)
through the Turkish Embassy. He stated that the GOT has
continued its operations in northern Iraq and said there have
been a number of air strikes in Iraqi regions where the PKK
is located, but added that no Kurds have been hurt. The
Turkish parliament had acted to extend the authority to cross
the border into northern Iraq because of the attacks.


17. (S/REL MCFI) The MFA said the GOT realizes the need for
direct talks with the GOI and the KRG. "This is poisoning
our relationships with the Turks," he said. Zebari said the
people in the areas being shelled by the Turks were scared,
but added "none of our citizens have been killed." He
insisted that something be done over this dangerous issue.
The PM asked the NSC members what is being done. Zebari said
a delegation would soon be visiting from Ankara and the issue
would be discussed then. The Minister of Defense said a
three-pronged project with the Turks is required: (1) a
three-member committee of Turks and Iraqis; (2) a joint
Iraqi-Turkish center in Kurdistan; and (3) a mutual
commitment to strengthening the borders. MNF-I should focus
on the border project, he concluded.
CROCKER