Trial Begins on Destruction of Marshes and Marsh Arabs

UNCLAS BAGHDAD 001695

JUSTICE PASS TO PHILIP LYNCH

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM SOCI IZ
SUBJECT: Trial Begins on Destruction of Marshes and Marsh Arabs


1. (U) Summary: On June 24, the Iraqi High Tribunal began the trial
of the Marsh Arabs case, which consists of crimes against humanity
committed by Saddam's regime against Arabs living in the southern
marshes of Iraq. The military attacks, forced relocation and
draining of the marshes destroyed a culture that had existed
virtually unchanged for thousands of years. The case is noteworthy
because of the magnitude of the crime and the permanent
environmental and cultural damage it caused. End summary.


2. (U) Prior to 1984 the population of the marshes totaled
350,000-500,000. The inhabitants existed by breeding buffalo,
hunting and fishing, and growing rice and millet. The reeds that
grew seven feet tall in the marshes provided food for livestock,
building material for houses and boats and a commodity for export to
other areas of Iraq. The marshes were fed by the waters of the
Tigris and Euphrates rivers.


3. (U) In addition to providing a sanctuary for an ancient way of
life, the marshes were home to a wide variety of animal and aquatic
life. Some species existed only in these marshes. Prior to 1984
the marshes covered 15,000 - 20,000 square kilometers. Today,
because of the drainage, they cover 2,000 square kilometers. The
destruction of these marshes permanently altered the ecology of the
area and endangered 40 species of animal and bird life.


4. (U) The pretext for the destruction of the marshes was suspicion
that they were sheltering Iranian infiltrators. In 1984, the
Iran-Iraq war was at its most intense in southern Iraq. Saddam's
forces also suspected marsh inhabitants of aiding these infiltrators
and began systematically destroying the marshes and relocating the
population. Between 1984-1992 the regime used napalm and chemical
weapons in its attacks, poisoning the water and diverting the rivers
to dry up the marshes. The Marsh Arab population dropped by 83
percent.


5. (U) The trial began with 32 defendants. The most notable
included Ali Hassan Al Majid, also known as "Chemical Ali" and
Sabawi and Watban Ibrahim Al Hassan, half brothers of Saddam
Hussein. Others included former military officers and political
officials who were in charge of the extermination effort.


6. (U) Prior to the testimony of the first witness, the prosecutor
provided a brief opening statement highlighting the evidence.
Defense attorney Abd Sittar vigorously argued that he had not been
provided copies of the witness statements and documents that were
part of the investigative file. Under the law applicable to the
Iraqi High Tribunal the prosecutor must disclose to the defense all
material provided in the investigative case file at least 45 days
before trial. The trial judge, Mahmoud Salih A'ti Al Hassan,
questioned the defense attorney as to why he had waited until the
first day of trial to raise this issue. Abd Sittar replied that he
had requested the material at least three times from the prosecutor.
The prosecutor then stated he was planning to release the material
in stages. Judge Mahmoud ordered the prosecutor to provide the
entire investigative file to the defendants.


7. (SBU) Comment: This is Iraqi High Tribunal's seventh trial of
former regime officials, and the first time embassy observers have
witnessed an Iraqi defense attorney push back against a trial judge,
insistently asserting the application of the law - a small victory
for the rule of law in Iraq. End comment.

FORD