PRESSURE MOUNTS TO OUST MOD'S HUMAN RIGHTS DIRECTOR

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003210 SIPDIS E.O. 12958: DECL: 12/09/2019 TAGS: PGOV PHUM KJUS IZ SUBJECT: PRESSURE MOUNTS TO OUST MOD'S HUMAN RIGHTS DIRECTOR REF: BAGHDAD 1911 Classified By: DCM Robert Ford for Reasons 1.4 (b) and (d). ¶1. (C) SUMMARY: Over the past few months, the Ministry of Defense's (MOD) Human Rights Director, Iman Naji, has come under increasing pressure as the Ministry has launched (seemingly baseless) investigations into her conduct on a recent prison inspection as well as her professional/academic credentials. The investigations appear designed to undermine Naji's efforts to bring the MOD into compliance with GOI human rights standards, in particular CPA order 10 which vests full authority and control over all prison and detention facilities with the Ministry of Justice (MOJ). While the MOD has transferred 75 percent of its civilian detainees to the MOJ since January 2009, two MOD facilities -- one located at the Old Muthanna Airbase in Baghdad and the other at Camp Honor within the International Zone (IZ) -- remain particularly problematic with credible allegations of warrantless detentions, prisoner abuse, and overcrowding. END SUMMARY. ¶2. (C) Iman Naji currently serves as the Director of Human Rights at the MOD with a staff of 22 persons, responsible for preventing violations of human rights in the Ministry Commands, Directorates and Offices and educating all employees on the International Declaration of Human Rights. On December 9, Naji told Poloff that her primary concern has been to make the MOD compliant with CPA order 10 which requires that all civilian detainees be transferred to the Ministry of Justice within 24 hours of capture. To that end, the MOD has reduced its detainee population from approximately 2,375 held in January 2009 to approximately 589 as of November 30, a 75 percent reduction. However, Naji stated that of the 27 detention facilities currently operated by the MOD (20 of which are active),two remain particularly problematic including one at the Old Muthanna Air Base in Baghdad controlled by the 54th Brigade, 6th Division and the second at Camp Honor within the international zone controlled by the 56th Brigade. The Minister of Human Rights, Wijdan Selim, has also expressed frustration with the 6th Division, 54th and 56th brigades, telling Poloff on October 22 that her Ministry has worked diligently to secure a list of detainees at the two facilities and to establish basic judicial oversight but with little progress. -------------- �00A;A CONFRONTATIONAL INSPECTION -------------- ¶3. (C) On September 6, Naji and a member of her legal staff, Abbas Fadel, conducted a detention facility inspection at the 54th Brigade, 6th Division detention facility located at Old Muthanna Air Base. MNSTC-I advisors for Human Rights, Inspector General and Legal Counsel were in attendance. During their visit, Naji and the MNSTC-I advisors noted serious human rights concerns including allegations of abuse of prisoners, missing paperwork for 36 detainees, overcrowding and at least one "hidden" detainee who did not appear on the prison roster. Naji told Poloff on December 9 that after the MNSTC-I advisors had departed the inspection, the 54th Brigade Commander and his staff members confronted her and Fadel and became obscenely verbally abusive in response to the inspection. Naji said that the commander summoned her to a telephone where the caller identified himself only as a representative of the PM's office and told her to stay where she was because someone was coming "to pick both her and her assistant up." Naji said that she requested the speaker's name, but when it was not provided, she terminated the call and then departed the facility. Qterminated the call and then departed the facility. -------------- -------------- PM'S OFFICE CALLS FOR INVESTIGATION OF HUMAN RIGHTS DIRECTOR -------------- -------------- ¶4. (C) The day after the inspection of the Old Muthanna facility, the Minister of Defense's office informed Naji that they had received a telephonic complaint against her from the 54th Brigade Commander. On September 27, a memorandum signed by the PM's Chief of Staff, Tariq Abdullah, was sent to the Minister of Defense's office requesting that the Minister take "suitable action" on the allegations from the 54th Brigade Commander and staff. In the complaint, the 54th Brigade Commander alleged that Naji tried to use her position and with the assistance of American forces attempted to "rescue" a terrorist suspect -- presumably the hidden detainee noted during the inspection. (Note: According to Naji, the prisoner who was hidden from her during the inspection has since been released. End note.) The complaint further alleged that she used abusive language with detention staff and also had struck four soldiers. In response to the PM's memorandum, the Minister of Defense ordered on September 28 that a committee led by the MOD BAGHDAD 00003210 002 OF 002 General Counsel be formed to investigate the allegations. The investigation appears to have been completed, but findings or recommendations have not been made. ¶5. (C) Over the last several months, Naji has undergone other inquiries into her fitness for her position. In July 2009, the PM's Office terminated her residency privileges at the GOI's IZ apartments without stating a reason. In August 2009, MOD launched an inquiry challenging Naji's job history statements of previous employment with the GOI and her academic credentials -- both of which she was able to verify with documentation. No acknowledgment of the outcome of the inquiry has been received. Naji stated that on December 6, a legal representative of the MOD informed Naji that she "will not survive the investigation" into the charges leveled against her by the 54th Brigade and that she should "get her personal situation in order." The legal representative denies making these statements. Naji told Poloff on December 9 that she has also heard rumors that an arrest warrant could be issued against her stemming from the assuredly false allegations. -------------- A CHILLING EFFECT -------------- ¶6. (C) Asked about the underlying reasons for the MOD investigations, Naji stated that the ultimate goal is undermine her ability to hold the 54th and 56th Brigades accountable for the allegations of human rights abuses against them, although she said that she has continued her inspection regime regardless. Despite Naji's resolve, the investigations against her appear to be having a chilling effect on other parts of the GOI's human rights apparatus. On November 26, Minister Selim told Poloff that she was personally very concerned about Naji's case and said that she had told her own prison inspection teams not to press too hard on the 54th and 56th Brigade facilities because she "could not guarantee their safety." ¶7. (C) After we raised this case with the Ministry of Human Rights, DCM raised it directly with the Prime Minister's Chief of Staff on December 10. DCM noted that the Iraqi Government had made praiseworthy progress in detention facilities under the Ministry of Justice's control, but Defense Ministry facilities remained problematic. In particular, DCM emphasized, Camp Honor was widely thought to be a facility known for major human rights progems; we had discussed individual cases of prisoners there in the past with Iraqi authorities. Abdallah did not argue. DCM underlined that inspections such as those conducted by the inspector from the Defense Ministry were in the interest of the GOI so that it could address the problems directly. If the Defense Ministry found that its inspector had committed infractions, it should investigate them thouroughly and openly and be sure that the inspector could respond to the allegations. Intervention from the Prime Minister's Office seemed excessive. Abdallah claimed to have no knowledge of any Prime Ministry intervention and said he would make that clear to the Defense Ministry. ¶8. (C) COMMENT: The four year anniversary of the MOD Human Rights Directorate was December 6, all under the leadership of Naji. The attempt to silence her, the leading advocate for human and women's rights at the MOD is a disturbing development after years of steady progress in developing the institutions to protect human rights in Iraq. The Embassy will continue to monitor the progress of the MOD's investigations into Naji and raise the issue whenever appropriate. We will also press the Ministry of Human Rights to press the case so that it does not appear to be a solely Qto press the case so that it does not appear to be a solely American concern. END COMMENT. HILL