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. -------------- Current Release and Transfer Numbers -------------- ¶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. -------------- Third Country Nationals -------------- 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. -------------- Provincial Committees -------------- ¶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 BAGHDAD 00001673 002 OF 002 "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. -------------- Parliament Praises MNF-I Detention Facilities -------------- ¶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. -------------- Comment -------------- ¶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