DETAINEE RELEASES CONTINUE, ALBEIT AT A SLOWER PACE

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 001673

SIPDIS

E.O. 12958: DECL: 06/06/2019
TAGS: PHUM KJUS PGOV IZ
SUBJECT: DETAINEE RELEASES CONTINUE, ALBEIT AT A SLOWER PACE

REF: A. BAGHDAD 884

B. BAGHDAD 1029

Classified By: Acting Political Counselor John Fox for reason 1.4 (b).


1. (C) Summary: The release and transfer of detainees held
by Multi-National Force-Iraq (MNF-I) continues, albeit at a
slower pace than when the process began in February. The
Detainee Affairs Joint Subcommittee (JSC),established in
February by the Security Agreement, continues to hold
biweekly meetings. While MNF-I's initial goal had been to
release or transfer approximately 1,500 Iraqi detainees from
USG custody each month of 2009, the numbers have been lower
than projected, especially over the past three months. The
process of transferring all 133 third-country nationals
(TCNs) held by MNF-I in May 2009 to GOI custody has begun and
should be concluded by the end of August. In a separate
move, the Ministry of Interior (MOI) recently established
provincial committees responsible for final review of all
detainee releases, which has led to the rearrest of some
recently released detainees and raised a number of concerns
from the Ministry of Human Rights. At the same time, the
Parliament's Human Rights Committee this past week issued a
highly complimentary report on MNF-I's detention facilities.
End summary.

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Current Release and Transfer Numbers
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2. (C) As of June 20, MNF-I has released 3,732 and
transferred 772 detainees since the Security Agreement came
into force on January 1. All of the detainees released or
transferred were classified as low-threat. Beginning with
nearly 15,000 prisoners at the start of the year, there are
now 10,831 remaining in USG custody in Camps Bucca, Cropper
and Taji. Once the number of prisoners drops below 8,000,
MNF-I will close Camp Bucca and transfer all remaining
inmates to Camps Cropper and Taji. Cropper will house the
high-threat detainees and Taji will hold those deemed to be
medium-threat, with the Taji and Cropper facilities
tentatively scheduled to be handed over to the GOI in
December 2009 and the second half of 2010 respectively.


3. (C) When the detainee review process started in January,
MNF-I began providing 1,500 files to the GOI each month for
review. If a warrant or release order was produced within 30
days (later extended to 60 days at the behest of the GOI) the
person would be transferred to GOI custody; if no warrant or
detention order was produced, the person was released (ref
A). This resulted in 1,200 releases in each of February and
March. In April, the GOI requested that the number of cases
to be reviewed be halved to 750 per month in order to provide
them more time to review the case files of the detainees and
to issue arrest warrants for persons of interest (ref B).
Accordingly, there were 736 releases and 14 transfers in
April and 460 releases and 396 transfers in May, the first
significant populations of detainees to be handed over to GOI
custody. For the month of June, MNF-I projects that there
will be 170 releases and 500 transfers.


4. (C) The next focus will be the approximately 6,000
medium-threat detainees. The first list of 1,500 such
detainees was submitted for the GOI's review on April 15.
The GOI has until July 1 to produce arrest warrants on these
inmates. Detainees on this list without outstanding arrest
warrants will be released beginning on September 1. MNF-I
expects to receive warrants for the first tranche of
medium-threat detainees in the coming week.

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Third Country Nationals
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Q

5. (C) As of May 31, MNF-I had 133 TCNs in its custody. As
of June 21, 37 TCNs have been transferred to the GOI, with
another seven awaiting finalization of their paperwork.
MNF-I plans to transfer the remaining TCNs to the GOI in
groups of 44 during the months of July and August at which
point no TCNs will be in USG custody.

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Provincial Committees
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6. (C) On April 15, the Ministry of Interior (MOI) ordered
the establishment of provincial committees to assist with
detainees' reintegration into the community upon their
release from MNF-I custody. Each committee is to be headed
by the province's police chief and consist of a
representative from the provincial council, tribal affairs
council, Ministry of Human Rights and MNF-I. The committees
are charged to "receive the released" detainees after

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"checking up on their names and residence" and whether any
outstanding warrants exist, according to Major General Ayden,
co-chair of the Detainee JSC. In practice, this involves a
family member providing a guarantee that the former detainee
will not engage in violence. The MOI provided no further
guidance on how the committees are to function. As yet, only
three committees have been formed: in Diyala, Kirkuk and
Najaf.


7. (C) The order expressly prohibits "lockup or arrest"
except in accordance with the "legal process obtained through
judicial authorities." However, we have heard reports that
in Diyala, out of 20 detainees released to the provincial
committee, 17 were placed directly into GOI custody.
Minister of Human Rights Wijdan Salim has refused to name
representatives from her ministry to sit on the committees.
She fears that the provincial committees are simply a means
for the MOI to maintain control over these prisoners, even
after they have undergone extensive vetting by both MNF-I and
a GOI review committee prior to release. She is also
concerned that local police will require family members to
pay a bribe in order to secure a prisoner's release.

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Parliament Praises MNF-I Detention Facilities
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8. (C) At the conclusion of the JSC meeting, General Ayden
noted that he had received a report from the Parliament's
Human Rights Committee that was very complimentary of the
MNF-I's detention facilities. The report recommended that
Ministry of Interior officials involved in detention should
visit the MNF-I facilities in order to learn how a prison
should be run. The report came as a result of Poloff and
MNF-I efforts to arrange a visit for members of the Human
Rights Committee to Camp Cropper. (Note: Poloff will
accompany Minister of Human Rights Salim, members of her
staff and a representative from the Human Rights Committee on
a visit to Camp Taji on June 24. End note.). In a separate
meeting with Poloff, Member of Parliament Hunein al-Qaddo
(Shabak),a member of the Human Rights Committee, praised the
MNF-I facilities for the quality of their meals and health
care, as well as the education and training that detainees
receive.

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Comment
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9. (C) After four months of Detainee Affairs JSC meetings,
it appears that the MNF-I and GOI are making slow but sure
progress in releasing and transferring detainees held by
MNF-I. The June 20 meeting of the JSC was notable for the
lack of arguing, accusation and recrimination that had
characterized many of its previous meetings, a possible
indication that a level of trust has been built between MNF-I
and GOI committee members. So far, though, the JSC has dealt
with only low-threat detainees. As the committee moves into
dealing with medium-threat and later high-threat detainees,
the potential for tension and conflict may increase.


10. (C) Another troubling development is the GOI's
insistence that provincial committees be established
throughout the country. Through the Detainee JSC, the USG
and GOI have established a thorough vetting process for all
prisoners in U.S. custody. The Embassy shares the Minister
of Human Rights' concern that the provincial committees will
be used not to assist with detainee reintegration into the
community but rather as a means for the GOI to maintain
custody of releasees. This may well be the case in Diyala,
and we are following up. End comment.
FORD