MALIKI CHASTISES JUDICIARY, REQUESTS HELP ON

S E C R E T SECTION 01 OF 03 BAGHDAD 000700 SIPDIS SIPDIS E.O. 12958: DECL: 03/07/2018 TAGS: MARR MOPS MCAP PGOV PTER PINS PNAT IZ KU SUBJECT: MALIKI CHASTISES JUDICIARY, REQUESTS HELP ON AIRCRAFT AND ELECTRICITY, PONDERS STRATEGIC FRAMEWORK AGREEMENT REF: A. BAGHDAD 474 ¶B. BAGHDAD 571 Classified By: Ambassador Ryan Crocker for reasons 1.4 (b) and (d). ¶1. (S) SUMMARY: At the Prime Minister's weekly security meeting with Ambassador Crocker and General Petraeus, Maliki immediately turned to the acquittal of the former Deputy Minister of Health. Maliki lamented the failure of the judiciary to promote justice and promised to seek redress. During discussions about the recent detention of a Jaysh-al Mahdi Special Groups (JAM-SG) leader, the Prime Minister emphasized his desire to isolate the JAM-SG, destroy them, and reintegrate the mainstream JAM into the political process. Concerning a GOK lawsuit against Iraq for the Saddam-era theft of Kuwaiti jets, the Prime Minister requested USG assistance in preventing seizure of newly purchased aircraft for the Iraqi Airlines. The Ambassador urged Maliki to pursue direct diplomacy with Kuwait, a move that could be reinforced with an exchange of Ambassadors. The meeting then turned to the Prime Minister's concerns about the Iraqi electricity deficit and his desire to have a major American utility country assist Iraq. The Ambassador and General Petraeus again pointed out that unreliable Iraqi reimbursement for fuels and services coupled with bureaucratic lethargy strongly discouraged foreign investment. General Petraeus again urged Maliki to resolve immediate electricity generation challenges, while pursuing longer term projects such as flared gas. At the close of the meeting, the Ambassador briefed Prime Minister Maliki on the Security Framework Agreeme#&) signed last November. He added that a separate Status of Forces Agreement (SOFA) would ensure that the United States forces had the appropriate authorities to continue their mission beyond 2008 and would provide the foundation for an enduring security relationship. Prime Minister Maliki agreed the DOP should form the basis for the SFA and reaffirmed his intention to gain acceptance of the agreement from all major political factions. END SUMMARY. Acquittal of the Deputy Minister for Health -------------- ¶2. (S) At the weekly security meeting with the Ambassador and MNF-I Commanding General Petraeus, Prime Minister Maliki expressed disappointment with the outcome of the trial against the former Deputy Minister of Health, a Shia accused of complicity in the sectarian murder of Sunni hospital patients. The case had been dismissed due to lack of evidence, but Maliki asserted that witnesses refused to testify or changed their testimony due to intimidation and death threats. Maliki lamented that the trial meant the entire Iraqi judicial system was in danger, and he announced that he would direct an investigation into the judge who ordered the release of the deputy minister. Ambassador Crocker and General Petraeus pressed Maliki to immediately pursue and arrest individuals who threatened the witnesses, then use the interrogations to find out who ordered the threats. If it led back to the deputy minister, a new case could be reinitiated. General Petraeus expressed outrage that the former minister had told the press he would resume his former position at the Ministry of Health, noting that Maliki could prevent that. Maliki vowed that the deputy minister would not return to his previous position, promising to retire or transfer him if a new case was not developed against him first. JAM Leaders Detained -------------- ¶3. (S) Turning to another important case, Prime Minister Maliki asked General Petraeus about this week's detention of two senior Jaysh al-Mahdi (JAM) leaders, Hajji Shibl and Ahmad Fartusi. General Petraeus answered that Fartusi and those captured with him would be released because it appeared they were there apparently trying to negotiate the release of the British hostages. On the other hand, General Petraeus described Shibl as a key leader in JAM Special Groups (SG) with ties to Lebanese Hezbollah. Maliki asked if MNF-I assessed possible direct support from Moqtada al-Sadr. General Petraeus answered that they did not receive direct support, although Shibl had connections with rogue JAM elements. Maliki re-emphasized his strong desire to isolate the JAM-S, destroy them, and bring the mainstream JAM--and Moqtada al-Sadr--back into the political process. BAGHDAD 00000700 002 OF 003 Kuwait Lawsuit and Iraqi Airlines -------------- ¶4. (S) Concerning regional affairs, Prime Minister Maliki complained that Kuwait continued to pursue a judgment against the current Government of Iraq for the theft of Kuwaiti aircraft by Saddam Hussein after his invasion of Kuwait in ¶1990. In particular, Iraqi Airlines feared confiscation of newly purchased American aircraft by Kuwait under the terms of a legal judgment. The Prime Minister asked for USG assistance in resolving the issue. Both the Ambassador and General Petraeus urged Maliki to pursue direct diplomacy between the GOI and GOK, especially with the appointment of an Iraqi Ambassador to Kuwait who could facilitate contact. The Ambassador also noted that the US Embassy Office of Transportation Attach was working closely with Iraqi ministries to develop Iraqi Airline restructuring options which might limit their liability under the lawsuit, but urged the Prime Minister to focus on a political solution. Maliki responded that he intended to send an Ambassador to Kuwait, but the appointments are mired in a political dispute instigated by the Tawafaq party (Reftel A). Electricity Again -------------- ¶5. (S) For the third straight security meeting in a row, the Prime Minister asked General Petraeus to locate a large American power company to plan, develop, and maintain the Iraqi Electricity generation and supply grid (Reftel A & B). General Petraeus made it very clear that this was no easy task: these companies had more than enough business already and Iraq had questionable reliability for reimbursements, a theme he hammered home at the last security meeting. Ambassador Crocker also attributed bureaucratic lethargy as contributing to the problem, citing an example in northern Iraq where foreign investors have tried since 2005 to invest in a 400 MW power plant without success. General Petraeus added that he understood Maliki's desire for US experts to develop and implement a long range plan, but he strongly urged Maliki to press his ministers to squeeze every last bit of electricity into the supply grid by the summer to meet an expected record demand. The most important thing right now, the General emphasized, was proper fuel to run existing generators and the generation capacity that would come on line this year. He urged Maliki to ensure that the Ministry of Electricity pay its fuel bills and seek out additional sources of refined fuel from its neighbors, Iran, Turkey, and Syria. Maliki confided that the Minister of Electricity was next on the daily schedule and he would press him for answers to these issues. Strategic Framework Agreement -------------- ¶6. (S) Concluding the meeting, Ambassador Crocker presented an overview of the USG perspective on the upcoming Strategic Framework Agreement (SFA). He introduced the Prime Minister to Mr. Brett McGurk from the National Security Council, who will have the responsibility for coordinating support for the negotiating effort from Washington. The Ambassador explained the concept of the SFA as the overarching document for the future USG-GOI relationship which would expand upon the Declaration of Principles (DOP) signed by the Prime Minister and the President in November 2007. Clearly, he continued, a large part of our relationship is in the security sphere and the United States desires a more normal relationship with Iraq. Ambassador Crocker said this would be facilitated by a Status of Forces Agreement, similar to those that we have with some 80 other countries. In the case of Iraq, however, the United States would need authorities to conduct military operations and hold certain security detainees. These are now provided by UN Security Council Resolutions, he noted, but need to be replaced by a bilateral agreement. Ambassador Crocker emphasized that these unique authorities would be temporary. He added the USG understood Iraqi sensitivities on these issues and promised to conduct the discussions with due regard for Iraqi sovereignty and bilateral relations. Ambassador Crocker then introduced the Prime Minister to Ambassador Robert Loftis as the USG lead for the SOFA negotiations. ¶7. (S) Prime Minister Maliki thanked Ambassador Crocker for BAGHDAD 00000700 003 OF 003 the explanation and agreed the DOP should be the framework on which to build the SFA and the SOFA, but added this should not limit the development of new ideas from either side during negotiations. Maliki reaffirmed that the Deputy Foreign Minister, Dr. Mohammed Haj Hammoud, would lead the Iraqi negotiating team and was ready to present their ideas regarding the proposed SFA and SOFA at the first working meeting with Mr. McGurk and Ambassador Loftis. He made clear his intention to bring together all major political factions and secure their consensus to the SFA upon completion of negotiations, just as he had done with the DOP. He stressed the necessity for a comprehensive government information campaign during the subsequent ratification period in order to secure approval by the Council of Representatives, adding that he intended to keep his negotiating team closely connected to the political factions throughout the process. Maliki suggested that he would also be closely watching the negotiations of the SOFA as well, but that the "details should be left" to Ambassadors Hammoud and Loftis. CROCKER