PRT DIYALA: PROSECUTOR CLAIMS CONFESSION LED TO

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003065

SIPDIS

DEPT FOR NEA/I

E.O. 12958: DECL: 11/18/2019
TAGS: PREL PGOV KTER IZ
SUBJECT: PRT DIYALA: PROSECUTOR CLAIMS CONFESSION LED TO
RECENT ARREST WARRANTS FOR MP

REF: BAGHDAD 2937

Classified By: PRT Diyala Leader Lisa Piascik, Reasons 1.4 (B) and (D)


1. This is a PRT Diyala cable.


2. (C) Summary: Multiple sources claim that the recent
Anti-Terrorism Law-based warrants for Diyala Provincial
Council member Hisham al-Hiyali and his wife, Council of
Representatives (COR) member Tayseer Mashandani, originate
with the un-coerced confession of a fellow Iraqi Islamic
Party (IIP) member, Harb Hassan. Despite such claims,
Diyala's Governor and Provincial Council Chairman have both
publicly and privately called the spate of arrest warrants
for Sunni leaders in Diyala politically motivated (reftel).
For the moment, the arrest warrants have not been executed )
a fact al-Hiyali attributes to the intervention of the Prime
Minister ) but that has not lessened the concern among other
Sunni leaders in Diyala that they may be next on the list.
The spate of warrants also illustrates how the dismal state
of rule of law in Diyala provides opportunities for
exploitation by sectarian politics. End summary.

Diyala PC Member Al-Hiyali Credits PM for Keeping Him Out of
Jail
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3. (C) In a November 7 phone conversation with PRToffs,
Diyala Provincial Council member Hisham al-Hiyali noted that
his lawyers had followed up on October 24 press announcements
of arrest warrants for supporting terrorism against himself
and his wife, COR member Tayseer Mashandani, and received
confirmation that warrants exist. Al-Hiyali also disclosed
that he and his wife met with Prime Minister Maliki to
discuss the warrants shortly after they learned of their
existence. Al-Hiyali claimed that during the meeting, the
Prime Minister said that he would stop the execution of the
warrants, but that he could not (or would not) interfere with
or revoke the warrants. Al-Hiyali claimed that the timing of
the warrants coincided with and is connected to the
anniversary of his brother,s death by Shi'a (implied)
insurgents (Note: Although PRT is unclear as to the nature of
this connection, Al-Hiyala clearly believes that it exists.
End Note). Al-Hiyali said the warrant is a result of his
efforts to bring his brother's killers to justice. He also
noted that he spoke to the Khalis Investigative Judge, Thamir
Howdi Khalil al-Ambaki, responsible for the case, but said
the conversation yielded little as Judge Thamir noted the
case was based on solid evidence from the confession of Harb
Hassan (reportedly a fellow member of the IIP) who implicated
the couple.

Khalis Prosecutor States Confession Led to Arrest Warrants
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4. (C) On November 2, PRToffs met with Khalis Chief
Prosecutor Hatim Ibrahim Yousuf and raised the issue of the
arrest warrants. Noting the confession of Harb Hassan,
Prosecutor Hatim reported that the case began with a
complaint filed with the Higher Judicial Council in Baghdad
(CCCI),which was subsequently referred to Khalis. Hatim
recounted that he had Harb Hassan brought before him and that
Harb repeated the confession of three murders he had made
earlier to police. The prosecutor said he spoke at length
with Harb and was satisfied with the accuracy and
voluntariness of the confession, and saw no signs of torture.
Hatim alleged that Harb said Mashandani "provided weapons
and money," "knows everything about the operation," and "did
not want any Shi'a to compete (for elective office) in the
area she occupies." As a result of these allegations that
she "supported" terrorism, Hatim said Mashandani was charged
under Article 4. Initially, the prosecutor made no mention
Qunder Article 4. Initially, the prosecutor made no mention
of Mashandani's husband, al-Hiyali, but when asked by PRToff
about his case, he said, seemingly as an afterthought, "yes,
the husband too."

Sectarian Bias Suggested By History of Arrest Cases in Khalis
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5. (C) After describing the case against
Mashandani/al-Hiyali, Prosecutor Hatim waxed eloquent about
how sectarian issues have no place in law enforcement.
(Comment: Substantial factual and anecdotal evidence
suggests that Sunnis are disproportionately arrested on
Article 4 terrorism charges in Khalis and that arrest of
Shi'a elements are rarely if ever pursued. End comment).
Questioned about the absence of arrests of Shi,a insurgents,
Hatim responded that there "are many cases againt Shi'a."
Pressed on this point, he was able to note only one case
against "Ghassan." (Comment: Ghassan was a former U.S. Army

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interpreter; strong evidence was uncovered tying him to the
Mahdi Army. The U.S. facilitated his arrest and since then
has exerted pressure on Khalis officials to keep him in jail.
It is telling that the only case cited as a Shi'a Terrorism
case by Prosecutor Hatim has been driven almost exclusively
by the U.S., not the GOI. End comment.)

Diyala's Governor Calls Arrest Warrants Politically Motivated
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6. (C) The wave of arrests and warrants of Sunni leaders in
Diyala is frequently featured in the local press and
continues to be a topic of discussion among provincial
officials. The heightened concerns about these arrests are
illustrated by discussions at an October 27 meeting on
provincial security, which included U.S. military officers,
Provincial Director of Police (PDOP) sMG Abdul Hussein
Damook, Iraqi Gound Forces Command (IGFC) Commander LTG Ali
Ghedan, Diyala Operations Commander (DOC) sMG Tariq
Abed-Alwab Jassim, and Governor Ab-al-Nasr Al Mahdawi. The
Governor mentioned the warrant for Tayseer Al Mashandani, and
then pointed around the room to indicate that the people
present were responsible for what he termed politically
motivated charges against members of the Tawafuq coalition.
The Provincial Council Chairman, Abd-al-Talib Muhammad Hassan
(a Kurd) agreed. In response, the PDOP defended the warrant,
saying that the interrogation of Harb Hassan had given just
cause for the detention of Mashandani, her husband, and six
brothers. LTG Ghedan commented that the arrests of PC
members needed to stop and said that he would raise the issue
in Baghdad.


7. (C) In a November 7 meeting between U.S. military
officials and DOC sMG Tariq on the subject of tribal
reconciliation, Tariq described a "Warrants Commission"
comprising Iraqi Security Forces (ISF),tribal
representatives and perhaps Provincial Council
representatives to review warrants presented to him as being
unsupported by facts. The commission will review available
material and make a recommendation to the judge for
resolution. When asked whether the warrants of Mashandani
and al-Hiyali would be reviewed, Tariq replied that these
warrants came from Baghdad and he could not therefore review
them.


8. (C) Comment: The layers of intrigue that surround who or
what may be behind targeted arrest warrants continues to keep
Sunni leaders in Diyala fearful that they will be next. The
spate of warrants also illustrates how the dismal state of
rule of law in Diyala provides opportunities for exploitation
by sectarian politics. End Comment.

HILL