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. BAGHDAD 00000533 002 OF 002 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