Identifier
Created
Classification
Origin
09BAGHDAD1599
2009-06-18 13:09:00
CONFIDENTIAL
Embassy Baghdad
Cable title:
UPDATE ON ARREST OF PROMINENT TRIBAL LEADER
how-toVZCZCXRO2210 RR RUEHBC RUEHDE RUEHDH RUEHIHL RUEHKUK DE RUEHGB #1599/01 1691309 ZNY CCCCC ZZH R 181309Z JUN 09 ZDK FM AMEMBASSY BAGHDAD TO RUEHC/SECSTATE WASHDC 3527 INFO RUCNRAQ/IRAQ COLLECTIVE
C O N F I D E N T I A L SECTION 01 OF 03 BAGHDAD 001599
SIPDIS
E.O. 12958: DECL: 06/17/2019
TAGS: PHUM PGOV IZ
SUBJECT: UPDATE ON ARREST OF PROMINENT TRIBAL LEADER
REF: A. BAGHDAD 1546
B. BAGHDAD 1294
C. BAGHDAD 64
Classified By: Acting Political Counselor John G. Fox for reasons 1.4 (
b) and (d).
-------
Summary
-------
C O N F I D E N T I A L SECTION 01 OF 03 BAGHDAD 001599
SIPDIS
E.O. 12958: DECL: 06/17/2019
TAGS: PHUM PGOV IZ
SUBJECT: UPDATE ON ARREST OF PROMINENT TRIBAL LEADER
REF: A. BAGHDAD 1546
B. BAGHDAD 1294
C. BAGHDAD 64
Classified By: Acting Political Counselor John G. Fox for reasons 1.4 (
b) and (d).
--------------
Summary
--------------
1. (C) On June 9, Emboffs conducted a follow-up visit to
detainee Sheikh Mutlab al-Massari, a prominent West Baghdad
Sunni tribal leader and SOI affiliate who had close
cooperation with the Embassy, the Baghdad PRT, and the U.S.
Military. As outlined ref B, Mutlab's case is significant in
that it highlights many systemic problems in Iraq, from the
gulf of distrust between Sunnis and the Shi'a-dominated
government, to the slow vagaries of the judicial system, to
substandard and inhumane conditions at MOD detention
facilities. Mutlab is being held by the Iraqi Army 56th
Brigade - a special army unit that reports directly to PM
Maliki, on suspicion of involvement with the illegal "New
Ba'th Party." Our conversation with Mutlab was brief and
closely monitored by the Iraqis. Mutlab had lost weight and
appeared haggard but in fair health. The 56th Brigade
officers declined to identify themselves or offer any
substantive information, even claiming they had no idea
whether 50 or 1000 prisoners were held at the detention
facility. U.S. military officers who have seen the facility
described it as severely overcrowded. End summary.
-------------- --------------
In the hands of Maliki's Special "Baghdad Brigade"
-------------- --------------
2. (C) On June 9, Emboffs visited detainee Sheikh Mutlab
al-Massari, a prominent Sunni tribal leader, SOI affiliate,
and close Embassy and U.S. military contact. He was detained
on May 12, apparently on suspicion of connections to the "New
Ba'th Party" (reftel). Massari is being held at Camp Honor
in the International Zone, in the detention facility of the
Iraqi Army's 56th Brigade, also known as the "Baghdad
Brigade," which reports directly to Prime Minister Maliki,
outside of the Ministry of Defense chain of command.
3. (C) Some Iraqi critics have denounced the 56th Brigade as
Maliki's personal "Republican Guard," structured to protect
the PM against coups and political threats to his regime.
(Comment: Unlike most other IA units, no U.S. training or
advisory unit is attached to the 56th brigade. This is
apparently a purposeful firewall established by Maliki and
his advisors to avoid U.S. scrutiny of this unit's
activities. End comment.)
4. (C) Upon arrival at the 56th Brigade facility, Emboffs
were greeted by four Iraqi Army officers led by an obese man
wearing General's insignia, and a fifth Iraqi wearing
civilian attire. Each declined to identify themselves, and
the officers did not wear standard name plaques on their army
uniforms. The Iraqis confirmed Mutlab was being held on
suspicion of links with the Ba'th Party, but suggested that
he had not been formally charged. (Note: We understand
Mutlab was arrested when his name was found on a list in the
home of a person suspected of links to the New Ba'th Party.
Mutlab and his family believe this person was also associated
with former PM Allawi's Iraqiya Party and suspect the seized
list was one of Iraqiya members, which included Mutlab. End
note.)
--------------
Due Process
--------------
5. (C) When Emboffs asked about Mutlab's access to legal
counsel, the Iraqis told us he had been assigned a
court-appointed lawyer. Emboffs asked if we could provide
Mutlab's case number to the private attorney Mutlab's family
had hired, the Iraqis flatly claimed "there is no case
number." The Iraqis did not appear versed in the next legal
Qnumber." The Iraqis did not appear versed in the next legal
steps in Mutlab's case. The Iraqis were either intentionally
obtuse or ignorant about the legal process. When asked for
the next steps in the case, they simply told us "the courts
will decide." (Note: We understand Central Criminal Court
Judge Saad Lamie has led the investigation, which is still
pending. End note.)
6. (C) Noting that Mutlab's family had not seen him since his
transfer to the 56th Brigade Facility on May 25, Emboffs
asked how the family could arrange a visit. The Iraqi
officials said a schedule for family visits would be
established within a week. (Note: We understand families are
BAGHDAD 00001599 002 OF 003
routinely denied access to prisoners at this facility, in
spite of a court order mandating them. End note.) The
Iraqis ignored Emboffs' follow up question about a point of
contact for family visits.
--------------
The Detainee
--------------
7. (C) Our 15-minute discussion with Mutlab was closely
monitored by the five Iraqis. When Mutlab was brought into
the room, he initially looked terrified by the sight of the
Iraqis. Recognizing his Embassy contacts across the room, he
burst into tears, but quickly regained his composure.
8. (C) Mutlab appeared in reasonable health, but had lost
weight and was haggard. There were no outward physical signs
of abuse, but he was quite emotional at the beginning of the
meeting. He said he was being well kept (in air
conditioning) and well fed, and that he was being given
medicine for kidney stones. His clothes were
uncharacteristically dirty and, while not filthy, he was not
especially clean. (We doubt that his prison room is air
conditioned.) At the conclusion of the brief visit, Emboffs
saw Mutlab blindfolded, handcuffed, and locked in a steel
container with no windows or apparent ventilation, and
mounted on the back of a truck for transport back to the
prison.
--------------
A Severely Overcrowded Facility
--------------
9. (C) We did not see the actual detention facilities; the
meeting took place in the 56th Brigade office. When we asked
the officers how many prisoners were held at the facility,
they claimed ignorance. When asked if there were "50, 100,
500, or 1000?" prisoners in the facility, the Iraqis said
they had no idea. U.S. military officers who have seen the
56th Brigade facility report that the conditions raise
serious humanitarian concerns - the facility, holding 162
prisoners in a recent count, is "severely overpopulated,"
with 4-5 men held in cells measuring 30 square feet and 15
men held in cells measuring 75 square feet. The facility is
co-located with a detention center controlled by the
Counterterrorism Bureau, which also reports directly to the
Prime Minister's office and has been accused of engaging in
sectarian and politically motivated activities on behalf of
the PM (ref C).
--------------
Family Frustrated
--------------
10. (C) Poloffs met on June 15 with two of Mutlab's adult
sons, one an Iraqi Army lieutenant the other an officer in
the National Police. They underlined their frustration at
their inability to visit their father at the 56th Brigade
facility, and the family lawyer's inability to obtain any
information related to the case against him, and their
inability to talk to any officials involved in the
procedures. Poloffs underlined that while the Embassy and
U.S. Military remain very concerned about Mutlab's case, and
would remain engaged on the matter, our leverage was limited.
Poloffs urged that the family exploit all possible Iraqi
channels in his defense.
--------------
Comment
--------------
11. (C) Our Iraqi hosts from the 56th Brigade were
discomforted by our presence and eager to see us go. We
understand our request to see Mutlab required the Prime
Minister's personal approval, and that it sat on his desk for
eight days before he agreed. Mutlab's case underscores the
grave problems posed by Ministry of Defense detention
operations. The Ministry of Defense is equipped neither to
carry out criminal investigations, which are the
responsibility of the Ministry of Interior, nor to house
detainees, a responsibility entrusted by law to the Ministry
of Justice. That Camp Honor exists within the International
Qof Justice. That Camp Honor exists within the International
Zone is particularly worrisome. Those detained by the
Ministry of Defense are likely to experience severe
overcrowding, denial of visits with family and legal counsel,
and slow judicial process.
12. (C) The U.S. Mission is actively addressing these human
rights issues with the GOI, pressing for improvements in both
legal procedures and detention conditions, and providing
resources to these ends. Specifically, taking advantage of
growing domestic complaints about detainees caught in limbo
(ref A),the Embassy is stepping up pressure on the GOI to
BAGHDAD 00001599 003 OF 003
transfer all prisoners from MOD custody to MOJ custody, and
to either charge or release those held. End comment.
FORD
SIPDIS
E.O. 12958: DECL: 06/17/2019
TAGS: PHUM PGOV IZ
SUBJECT: UPDATE ON ARREST OF PROMINENT TRIBAL LEADER
REF: A. BAGHDAD 1546
B. BAGHDAD 1294
C. BAGHDAD 64
Classified By: Acting Political Counselor John G. Fox for reasons 1.4 (
b) and (d).
--------------
Summary
--------------
1. (C) On June 9, Emboffs conducted a follow-up visit to
detainee Sheikh Mutlab al-Massari, a prominent West Baghdad
Sunni tribal leader and SOI affiliate who had close
cooperation with the Embassy, the Baghdad PRT, and the U.S.
Military. As outlined ref B, Mutlab's case is significant in
that it highlights many systemic problems in Iraq, from the
gulf of distrust between Sunnis and the Shi'a-dominated
government, to the slow vagaries of the judicial system, to
substandard and inhumane conditions at MOD detention
facilities. Mutlab is being held by the Iraqi Army 56th
Brigade - a special army unit that reports directly to PM
Maliki, on suspicion of involvement with the illegal "New
Ba'th Party." Our conversation with Mutlab was brief and
closely monitored by the Iraqis. Mutlab had lost weight and
appeared haggard but in fair health. The 56th Brigade
officers declined to identify themselves or offer any
substantive information, even claiming they had no idea
whether 50 or 1000 prisoners were held at the detention
facility. U.S. military officers who have seen the facility
described it as severely overcrowded. End summary.
-------------- --------------
In the hands of Maliki's Special "Baghdad Brigade"
-------------- --------------
2. (C) On June 9, Emboffs visited detainee Sheikh Mutlab
al-Massari, a prominent Sunni tribal leader, SOI affiliate,
and close Embassy and U.S. military contact. He was detained
on May 12, apparently on suspicion of connections to the "New
Ba'th Party" (reftel). Massari is being held at Camp Honor
in the International Zone, in the detention facility of the
Iraqi Army's 56th Brigade, also known as the "Baghdad
Brigade," which reports directly to Prime Minister Maliki,
outside of the Ministry of Defense chain of command.
3. (C) Some Iraqi critics have denounced the 56th Brigade as
Maliki's personal "Republican Guard," structured to protect
the PM against coups and political threats to his regime.
(Comment: Unlike most other IA units, no U.S. training or
advisory unit is attached to the 56th brigade. This is
apparently a purposeful firewall established by Maliki and
his advisors to avoid U.S. scrutiny of this unit's
activities. End comment.)
4. (C) Upon arrival at the 56th Brigade facility, Emboffs
were greeted by four Iraqi Army officers led by an obese man
wearing General's insignia, and a fifth Iraqi wearing
civilian attire. Each declined to identify themselves, and
the officers did not wear standard name plaques on their army
uniforms. The Iraqis confirmed Mutlab was being held on
suspicion of links with the Ba'th Party, but suggested that
he had not been formally charged. (Note: We understand
Mutlab was arrested when his name was found on a list in the
home of a person suspected of links to the New Ba'th Party.
Mutlab and his family believe this person was also associated
with former PM Allawi's Iraqiya Party and suspect the seized
list was one of Iraqiya members, which included Mutlab. End
note.)
--------------
Due Process
--------------
5. (C) When Emboffs asked about Mutlab's access to legal
counsel, the Iraqis told us he had been assigned a
court-appointed lawyer. Emboffs asked if we could provide
Mutlab's case number to the private attorney Mutlab's family
had hired, the Iraqis flatly claimed "there is no case
number." The Iraqis did not appear versed in the next legal
Qnumber." The Iraqis did not appear versed in the next legal
steps in Mutlab's case. The Iraqis were either intentionally
obtuse or ignorant about the legal process. When asked for
the next steps in the case, they simply told us "the courts
will decide." (Note: We understand Central Criminal Court
Judge Saad Lamie has led the investigation, which is still
pending. End note.)
6. (C) Noting that Mutlab's family had not seen him since his
transfer to the 56th Brigade Facility on May 25, Emboffs
asked how the family could arrange a visit. The Iraqi
officials said a schedule for family visits would be
established within a week. (Note: We understand families are
BAGHDAD 00001599 002 OF 003
routinely denied access to prisoners at this facility, in
spite of a court order mandating them. End note.) The
Iraqis ignored Emboffs' follow up question about a point of
contact for family visits.
--------------
The Detainee
--------------
7. (C) Our 15-minute discussion with Mutlab was closely
monitored by the five Iraqis. When Mutlab was brought into
the room, he initially looked terrified by the sight of the
Iraqis. Recognizing his Embassy contacts across the room, he
burst into tears, but quickly regained his composure.
8. (C) Mutlab appeared in reasonable health, but had lost
weight and was haggard. There were no outward physical signs
of abuse, but he was quite emotional at the beginning of the
meeting. He said he was being well kept (in air
conditioning) and well fed, and that he was being given
medicine for kidney stones. His clothes were
uncharacteristically dirty and, while not filthy, he was not
especially clean. (We doubt that his prison room is air
conditioned.) At the conclusion of the brief visit, Emboffs
saw Mutlab blindfolded, handcuffed, and locked in a steel
container with no windows or apparent ventilation, and
mounted on the back of a truck for transport back to the
prison.
--------------
A Severely Overcrowded Facility
--------------
9. (C) We did not see the actual detention facilities; the
meeting took place in the 56th Brigade office. When we asked
the officers how many prisoners were held at the facility,
they claimed ignorance. When asked if there were "50, 100,
500, or 1000?" prisoners in the facility, the Iraqis said
they had no idea. U.S. military officers who have seen the
56th Brigade facility report that the conditions raise
serious humanitarian concerns - the facility, holding 162
prisoners in a recent count, is "severely overpopulated,"
with 4-5 men held in cells measuring 30 square feet and 15
men held in cells measuring 75 square feet. The facility is
co-located with a detention center controlled by the
Counterterrorism Bureau, which also reports directly to the
Prime Minister's office and has been accused of engaging in
sectarian and politically motivated activities on behalf of
the PM (ref C).
--------------
Family Frustrated
--------------
10. (C) Poloffs met on June 15 with two of Mutlab's adult
sons, one an Iraqi Army lieutenant the other an officer in
the National Police. They underlined their frustration at
their inability to visit their father at the 56th Brigade
facility, and the family lawyer's inability to obtain any
information related to the case against him, and their
inability to talk to any officials involved in the
procedures. Poloffs underlined that while the Embassy and
U.S. Military remain very concerned about Mutlab's case, and
would remain engaged on the matter, our leverage was limited.
Poloffs urged that the family exploit all possible Iraqi
channels in his defense.
--------------
Comment
--------------
11. (C) Our Iraqi hosts from the 56th Brigade were
discomforted by our presence and eager to see us go. We
understand our request to see Mutlab required the Prime
Minister's personal approval, and that it sat on his desk for
eight days before he agreed. Mutlab's case underscores the
grave problems posed by Ministry of Defense detention
operations. The Ministry of Defense is equipped neither to
carry out criminal investigations, which are the
responsibility of the Ministry of Interior, nor to house
detainees, a responsibility entrusted by law to the Ministry
of Justice. That Camp Honor exists within the International
Qof Justice. That Camp Honor exists within the International
Zone is particularly worrisome. Those detained by the
Ministry of Defense are likely to experience severe
overcrowding, denial of visits with family and legal counsel,
and slow judicial process.
12. (C) The U.S. Mission is actively addressing these human
rights issues with the GOI, pressing for improvements in both
legal procedures and detention conditions, and providing
resources to these ends. Specifically, taking advantage of
growing domestic complaints about detainees caught in limbo
(ref A),the Embassy is stepping up pressure on the GOI to
BAGHDAD 00001599 003 OF 003
transfer all prisoners from MOD custody to MOJ custody, and
to either charge or release those held. End comment.
FORD