PARLIAMENT LIFTS MEMBER'S IMMUNITY AS SUNNI ARABS

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 000533

SIPDIS

E.O. 12958: DECL: 02/27/2019
TAGS: PGOV PREL PTER PHUM IZ
SUBJECT: PARLIAMENT LIFTS MEMBER'S IMMUNITY AS SUNNI ARABS
ALLEGE POLITICAL TARGETING

REF: 08 BAGHDAD 3026

Classified By: PolMinCouns Robert Ford for reasons 1.4 (b) and (d).


1. (C) Summary: On February 25, the Council of
Representatives (CoR) voted to remove parliamentary immunity
from Mohamed al-Daeni, from the Sunni Arab Hewar party, the
second time in six months that it has voted to lift immunity
from a member. In the other case, in September, Parliament
voted to remove Mithal Alusi's immunity (reftel). In both
cases the constitutional requirement for an absolute majority
appears not to have been met, nor were normal procedures
followed. Both cases appeared ad hoc and, as various MPs
claimed, political. Given that no Sunni Arab MPs voted for
Daeni's removal, this could increase tensions between Prime
Minister Nuri al-Maliki and Sunni Arab politicians. Several
Sunnis, including those who are not members of Daeni's party,
insist that the motivation is political and that Maliki is
again targeting Sunni leaders. End Summary.

Background
--------------


2. (U) During the February 25 parliamentary session, Acting
Speaker Khalid al Attiya initiated the vote to lift immunity
by reading a memo from the Supreme Judicial Council which
requested removal of immunity and accused al-Daeni of
involvement in the 2007 bombing of the CoR cafeteria that
killed one of al-Daeni's bloc members, as well as other
murders, forgery, and terrorism. After reading the memo,
Attiya immediately called for a vote. MPs raised their hands
and Attiya declared the vote passed. There was no formal
count of the 161 member quorum, and no Sunni MPs voted in
favor - making it highly unlikely that there was an absolute
majority, as required by the constitution. However, Attiya
declared the measure passed. This procedure parallels that
applied to Mithal al-Alusi, who was accused of violating
Iraqi law by visiting Israel. In that case, then-Speaker
Mahmhoud Mashadani initially outlined a committee method for
the process, but after more inflammatory statements,
Mashadani unexpectedly called for a vote. There was a show of
hands - which no one counted - and Mashadani declared the
vote passed. (Note: Parliament's lifting of Alusi's immunity
was subsequently ruled unconstitutional by Iraq's
Constitutional Court, and Alusi remains an active member of
parliament. End Note).

The Constitutional and Bylaw Requirements
--------------


3. (U) In both cases, it is important to note that none of
the procedural requirements were followed. At a minimum, both
bylaws and the constitution require an absolute majority vote
to lift parliamentary immunity. Moreover, MPs from different
parties outlined for poloff a committee role in the process
as well. There were variations, but several Sunni Arab MPs
outlined the process as follows: The Ministry of Interior
and/or the Supreme Judicial Council submits a formal request
to the CoR speaker, who then refers it to the appropriate
committee. Mustafa Hitti (Hewar) and Hussam al Azzawy
(Iraqiyya) told poloff it must go to four committees (Human
Rights, Security and Defense, Legal and Parliamentary
Affairs) which review the request, report to the floor, allow
questioning of the accused, and then refer the case for a
formal vote. Selim al Jeboori (Tawafuq/IIP) described a
similar process for poloff, but varied on the committees
(only Legal and Parliamentary Affairs). Neither of these
processes is specifically outlined in the constitution or CoR
bylaws. Jeboori also insisted that, in no instance, could
such a case be arbitrarily placed on the agenda without a
Qsuch a case be arbitrarily placed on the agenda without a
vote from the floor to do so. (Comment: This is an unusual
position, since the CoR bylaws require the CoR Presidency
Council to set the agenda. End Comment.)

Removal of Immunity as a Political Tool? Why Daeni, Why Now?
-------------- --------------


4. (C) Among the Sunni Arab MPs with whom poloff talked, all
insisted that Daeni was targeted for political reasons. Hitti
insisted it was another attempt by Prime Minister Maliki to
target Sunni leaders. Azzawy and Jeboori insisted it was one
more effort by Maliki to weaken the parliament, which he can
do because Attiya is under his control. Nada Ibrahim (Hewar)
confided to poloff that the case against Daeni was a move by
Maliki to weaken the national secular opposition and
discredit them as terrorists. She said she was concerned
about being tarnished by association. Ibrahim also confided
that the Hewar bloc leader, Saleh al-Mutlaq, had actually
begun procedures to have Daeni removed from his list (and
thus from the parliament) three months prior for other
reasons, and she conceded that Daeni was a bad man.


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Comment
--------------

5 (C) Two things are immediately clear in both episodes of
lifting parliamentary immunity. Established rules and
procedures are neither clearly outlined nor applied, and many
MPs believe in both cases that lifting immunity is being used
as a political tool. Alusi told us that the act was
politically motivated, and believes that neither Maliki, nor
his political competitors wanted him out campaigning during
provincial elections. Alusi's links to Israel certainly made
him an easy political target, and his criticism of other
politicians' ties to Iran have earned him many enemies.


6. (C) These cases indicate that CoR members' grasp of the
rule of law concept is still somewhat tenuous, and Iraqi
application of the rule of law is still spotty. While none of
our Sunni Arab interlocutors defended Daeni or claimed he is
innocent, they all argue that Maliki is pursuing a political
agenda. Ironically, despite the similar procedural violations
involved in the Daeni and Alusi cases, Sunni politicians
insist that the cases were different: the immunity vote
against Daeni was politically motivated, they argue, while
Alusi clearly violated the law by traveling to Israel. At
this stage, it is unlikely that this event will have long
term effects on Sunni unity, as there is no indication that
the Sunni Arabs are closer on any topic other than this.
Interestingly, however, with the continuing impasse over the
vacant CoR Speakership, this development could generate a few
more Sunni votes for Ayad al-Samarraie (IIP/Tawafuq) if he
can re-enter his name on the candidate list.
BUTENIS