IRAQI HIGH TRIBUNAL WORKING THROUGH FULL DOCKET OF CRIMES

UNCLAS SECTION 01 OF 02 BAGHDAD 000155

SENSITIVE

SIPDIS

DEPT FOR INL, NEA/I
JUSTICE PASS TO JOHN EULER, ANDREW NORMAN

E.O. 12958: N/A
TAGS: PINS PGOV PHUM SOCI IZ
SUBJECT: IRAQI HIGH TRIBUNAL WORKING THROUGH FULL DOCKET OF CRIMES
BY SADDAM'S REGIME

REF: 2008 BAGHDAD 3840


1. (SBU) SUMMARY: The development of the Iraqi High Tribunal (IHT)
as an independent, fully functioning court is illustrated by its
full docket of trials. Having recently completed its third trial,
the IHT has four other cases currently in trial, two more set to
begin shortly, and two cases referred for trial. The capacity of
the IHT to accommodate multiple trials while ensuring that
defendants receive a fair hearing demonstrates the institutional
development of the IHT. END SUMMARY.



2. (U) Defendants' closing arguments were heard the week of 11
January 2009 in the "Merchants Case." A judgment is expected
mid-February. The case examines Saddam Hussein's use of Special
Courts as a tool to carry out political revenge. As commodity
prices rose in Iraq after imposition of trade sanctions following
the 1991 Gulf War, Iraqis expressed frustration at rising costs.
Saddam Hussein blamed merchants for shortages and high prices. The
Minister of the Interior, in a radio address, discredited the
merchants as "covetous" exploiters and blamed them for rises in
consumer prices. A group of merchants were arrested and brought
before a Special Court. Thirty seven of the 40 merchants brought
before the court were convicted and executed within a matter of
hours. There was no semblance of due process during the
proceedings.


3. (U) In the "Friday Prayers" case, which began in July 2008, the
prosecution finished presentation of its case January 5, 2009. The
defendants will begin to present witnesses February 8. The case
involves the regime's brutal suppression of the widespread protests
following the assassination of Ayatollah Mohammed Sadiq al-Sadr and
his two oldest sons in Najaf on February 19, 1999, by Saddam's
security agents.


4. (U) The IHT's sixth trial began December 21, 2008 involving five
defendants being tried for their involvement in chemical attacks on
the Kurdish town of Halabja in March 1988. After two days of
conventional artillery attacks, Iraqi planes attacked the town and
surrounding region with bombs, artillery fire, and chemical weapons.
At least 5,000 people died immediately and an estimated 7,000
others were injured or suffered long term illness because of the
mustard gas, chemical and nerve agents.


5. (U) A trial involving persecution of the Al-Dawa party began
December 28, 2008. Twenty four defendants are on trial, of whom 12
have appeared as defendants in previous cases. The main goal of the
Al-Dawa party during Saddam's regime was governance by religious
rather than secular leaders. In 1979, Al-Dawa formed a religious
wing called Shadid al-Sadr after party founder Ayatollah Muhammed
Baqir al-Sadr. In April 1981, Al-Dawa members tried to assassinate
then- Foreign Minister Tariq Aziz. Eight days later, the Ayatollah
al-Sadr and his sister were arrested and executed. A year later,
Al-Dawa members tried to assassinate Saddam Hussein, which led to a
government crackdown on Al-Dawa. Iraqi's current Prime Minister,
Nouri al-Maliki, is a member of the Al-Dawa party.


6. (U) On January 26, trial will begin for 16 defendants accused of
widespread, systematic persecution of the Fayli Kurds. In 1971, the
former regime the deported some 40,000 Fayli Kurds to Iran as part
of Saddam Hussein's Arabization Policy. Others were detained
without charges; many were never heard from again. Over 400,000
Fayli Kurds are estimated to have been displaced, imprisoned or
executed between 1971- 2003.
Qexecuted between 1971- 2003.



7. (U) On March 1, the "Barzani Clan murders" trial will begin.
This case involves the deportation and murder of thousands of
members of the Barzani clan in northern Iraq in 1983. In 1975, the
former Iraqi regime deported Barzanis from villages in the Ninawa,
Dahuk and Erbil governorates, and relocated them to the central
Iraqi desert, principally at Afaq. The motive for this deportation
was the longstanding conflict between the Saddam Hussein government
and certain Kurdish groups fighting for autonomy, including Massoud
Barzani and his allies. After several years, the Barzani clan
members were relocated into "collective towns" in the Kurdish
region established by the regime. The case has political impact
because Massoud Barzani is the current President of the Kurdish
Regional Government in northern Iraq and the leader of the Kurdistan
Democratic Party, which is a member of Iraq's ruling coalition.


8. (U) Saddam's systematic displacement of the Kurds and attempts
to Arabize areas of northern Iraq, particularly Kirkuk city and
other areas of the province of Al Tameem, will be the focus of the
IHT's tenth trial later in 2009. 13 defendants are being referred
for trial. From the mid 1970's and 1980's, Saddam tried to

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reinforce central government control over numerous aspects of life
in northern Iraq. Kurds were murdered, raped, tortured, starved,
forced from their homes, deprived of their rights to medical care,
and denied education in the Kurdish language.


9. (U) Later this year, the IHT will refer to trial the "Secular
Parties" case. Throughout his regime Saddam Hussein employed the
judicial system to eliminate perceived enemies. Many were members
of the Communist Party, the National Democratic Party and the
Patriotic Union of Kurdistan. The basis for the prosecution of the
members of these parties was that they were "a threat to the
national security." Some members were brought before different
courts, including the Revolutionary Command Council Special Court.
Others were murdered and tried after their deaths, to give judicial
validation to their elimination.


10. (U) The IHT nears completion of several other investigations.
These cases include "Wasting National Wealth," "Marsh Arabs,"
suppression of the 1991 uprising, the murder of political opponents,
and the Kuwait invasion. The court hopes to refer these cases for
trial in the second half of this year.

CROCKER