Identifier
Created
Classification
Origin
10BAGHDAD497
2010-02-24 11:13:00
CONFIDENTIAL
Embassy Baghdad
Cable title:  

UPDATE #7: NINEWA SCORE REMAINS 3 TO 8 - SEEKING A

Tags:  PGOV PREL PTER KDEM PHUM PTBS KJUS IZ 
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VZCZCXYZ0003
PP RUEHWEB

DE RUEHGB #0497/01 0551113
ZNY CCCCC ZZH
P 241113Z FEB 10
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 6810
INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY
RUEAHQA/HQ USAF WASHINGTON DC PRIORITY
RHMFISS/HQ USCENTCOM MACDILL AFB FL PRIORITY
C O N F I D E N T I A L BAGHDAD 000497 

SIPDIS

E.O. 12958: DECL: 02/20/2025
TAGS: PGOV PREL PTER KDEM PHUM PTBS KJUS IZ
SUBJECT: UPDATE #7: NINEWA SCORE REMAINS 3 TO 8 - SEEKING A
POLITICAL SOLUTION

REF: A. BAGHDAD 458

B. BAGHDAD 451

C. BAGHDAD 413

D. BAGHDAD 381

E. BAGHDAD 375

F. BAGHDAD 369

Classified By: Political Counselor Yuri Kim for reasons 1.4 (b) and (d)
.

C O N F I D E N T I A L BAGHDAD 000497

SIPDIS

E.O. 12958: DECL: 02/20/2025
TAGS: PGOV PREL PTER KDEM PHUM PTBS KJUS IZ
SUBJECT: UPDATE #7: NINEWA SCORE REMAINS 3 TO 8 - SEEKING A
POLITICAL SOLUTION

REF: A. BAGHDAD 458

B. BAGHDAD 451

C. BAGHDAD 413

D. BAGHDAD 381

E. BAGHDAD 375

F. BAGHDAD 369

Classified By: Political Counselor Yuri Kim for reasons 1.4 (b) and (d)
.


1. (C) SUMMARY. As of late afternoon February 23, the three
Wanna detainees in Mosul have been formally charged under
Chapter 2 Paragraph 222, which pertains to offenses against
the state, in regards to gathering with intent to commit
crimes. The three could remain in jail pending apprehensive
of six others alleged to have participated in the assault on
PGOV Nujaifi's convoy. Meanwhile, KMOI Sinjari acknowledged
that Kurdish security forces were holding eight captives but
denied that the detentions were a retaliatory move. The five
detainees taken from Wanna are being held for possible
charges under Article 156, which carries a maximum life
sentence; no charges have been filed against the Hamdaniya
captives who are detained in Dohuk. The PRT and USF-I have
solicited the help of the Turkish Consul and influential
Shaikh Faisal al-Yawr to find political solutions to the
current situation. Nujaifi is willing to accept the
"transfer" of the case to the Provincial Council (PC) for a
vote that could result in the release of the detainees
pending further investigation; this would provide Nujaifi a
face-saving way to effect the release. The PC has yet to
decide if it would be willing to take this on. In addition,
the judges do not consider a PC vote binding and plan to
continue with the investigation and possible trial. In the
meantime, PGOV insists on traveling to Ba'aj and Zumar using
local IP for security escort even though USG has warned that
if a violent confrontation were to occur, it could result in
innocent people being killed. Senior Advisor for Northern
Iraq (SANI),in coordination with USF-I, continues to press
KRG officials for release of the 8 captives. END SUMMARY.

SPECIFIC CHARGES AGAINST WANNA 3
--------------


2. (C) Investigative Chief Judge (IJ) Ibrahim Ali Ali

reported that the three incarcerated Wanna detainees in Mosul
are now considered defendants suspected of assaulting the
PGOV Nujaifi. They could remain in custody until six other,
more culpable, persons allegedly involved in the assault are
arrested and brought in for questioning. Witnesses claim they
saw two persons discharge firearms into the PGOV's vehicles;
two detainees are suspected shooters. The third defendant is
being held because of a message on his cell phone stating,
"kill the governor." IJ intends to place the defendants in a
lineup to determine if witnesses can pick them out as
assailants at the crime scene. IJ said he might sever
detainees who were released last week from the main case and
dispose of their charges separately (presumably that also
includes the two juveniles) and focus the investigation on
the six other persons accused of being the ringleaders
(Abdullah Goran, Ali Karro, Arif Chanchi, Salah Jama'ah,
Younis Hammado, and Ali Mohamad Salih) -- suspects who the
court said need to be brought before the IJ panel for
questioning. IJ notified the Provincial Directorate of Police
(PDoP) of the court-issued arrest warrants and requested that
the PDoP coordinate arrest plans with the Tal Kayf IP.

KRG CONFIRMS HOLDING DETAINEES
--------------


3. (C) Perhaps distancing himself from the extra-judicial
fray, on February 21 KRG Chief of Staff (COS) Fuad Hussein
Qfray, on February 21 KRG Chief of Staff (COS) Fuad Hussein
told SANI that KSF detainees fall under the authority of KRG
Intelligence Director Masrur Barzani and KMOI Karim Sinjari.
Erbil RRT Team Leader confirmed with KMOI Sinjari that the
Assayesh were indeed holding all 8 detainees (5 from Wanna
and 3 from Hamdaniya, including two members of the district
council.) in Dohuk. Sinjari stated that USF-I could conduct
a welfare check on the detainees on February 22 (subsequently
rescheduled due to weather). Sinjari was not apologetic,
stating the detainees were
not/not taken in retaliation for the people being held in
Mosul. He claimed there were warrants for their arrest and
they were being charged for incitement between Kurds and
Arabs. KMOI advised that the IJ in Dohuk who handles
Assayesh cases had reviewed the cases and will continue to do
so, but that this is a normal court proceeding. Erbil RRT
Team Leader pointed out that the seizure of these people
could be perceived to be a retaliatory move.


4. (C) On February 21 Dohuk IJ Jasem Mohammed Mustafa

confirmed the names of the five (Abd al-Raf'a Abd al-Kareem
Younis, Khaled Shakeer Hassan, Ghazi Sullieman Mahmood,
Mahmood Hussein Jasem, Ali Hazem Mosa)
being held in Dohuk to the RRT Erbil Resident Legal Advisor.
IJ Mustafa explained that they were being held under Iraqi
Penal Code Article 156 (Any person who willfully commits an
act with intent to violate the independence of the country or
it unity under the security of its territory and that act, by
it nature, leads to such violation is punishable by life
imprisonment).

KEY PLAYERS SEEK A POSSIBLE POLITICAL SOLUTION
-------------- -


5. (C) On February 21, USG interlocutors met with Shaikh
Abdullah al-Yawr's brother Faisal, the Ninewa 1st Vice
Governor, who offered to create an opportunity for the
families of the accused attackers to apologize to the PGOV,
noting that Bedouin culture places high esteem on those who
seek forgiveness. Faisal was quite confident that he could
convince the PGOV to withdraw his complaint, leading to a
possible release. He also offered to engage the former
peshmerga LNO to the NOC, BG Jameel, to urge the Kurds to
calm down and back off the aggressive kidnapping. (Note:
USF-I facilitated this direct contact immediately following
this meeting. End Note.) Faisal said he would help discourage
PGOV from future movements which could lead to violence.
Faisal noted that his brother Sheikh Abdullah, head of the
Shammari tribe, was irate with the PGOV for his movement to
Tal Kayf, which has unnecessarily renewed Arab-Kurd tensions.


6. (C) Attempting to find a face-saving solution to his
predicament, on a February 22, PGOV Nujaifi offered to
"transfer" the case to the PC and let it deal with the courts
as long as the Kurds cease and desist on hostage-taking, and
release the victims. He explained that in this way, he could
tell his people that he was not backing away from the case
and would accept the scenario if the PC were to take action
resulted in the release - perhaps on bond pending further
investigation - of the remaining three Wanna detainees. PGOV
reiterated that his political party, al-Hadba, has built its
reputation on rule of law and convinced citizens to adhere to
these principles. He asserted that, "To release those who
tried to harm me without justice would undermine the
credibility of my government, and we would lose face."
Separately, however, the Mosul judges told the PRT that a PC
vote is not binding on the court since violation of Article
222 is not an offense against a person, but against the
State, and therefore the PGOV's recommendation is not binding
on them. Accordingly, the court will continue its
investigation of the three and refer cases to the Trial Court
for disposition if/when warranted.


7. (C) The Ninewa PC leadership told USG interlocutors that
it is willing consult with the PGOV on such efforts, but is
wary about any perception of a trade of detainees for
hostages, which would undermine the rule of law. PC Chair
Jabir Mohammed said he will do everything possible to avoid
escalation and discuss with the PGOV efforts to get past the
detainee issue. However Mohammed insisted that the KSF must
release the eight detainees.


8. (C) Turkish Consul General Ahmet Yildez told PRT Team
Leader and USF-I that he wants to be helpful. He reiterated
that the PGOV needs to have a face-saving solution, reminding
us that PGOV won by a wide margin in the provincial elections
Qus that PGOV won by a wide margin in the provincial elections
promising to deal with KSF impunity and disregard for rule of
law. He expressed concerned that the USG views Nujaifi
rather than the KRG as the problem.


9. (C) In response to SANI's February 21 letter to KRG PM
Barham Salih demanding the immediate release of all detainees
held by KSF, PM Salih commented that the situation was indeed
unfortunate and frustrating. He relayed that he had spoken
with KRG President Masoud Barzani. He stressed that passions
were running high concerning the three remaining Wanna
detainees, called for the immediate release of the three, and
pledged that that he would do his best to calm the situation.
(Note: Salih is unlikely to have significant influence on
this case because security issues in Ninewa are a clear KDP
lead. End Note.)

PGOV PLANS TO TRAVEL
--------------


10. (C) Meanwhile, the PGOV says he intends to travel
through Combined Security Area (CSA) to Ba'aj and Zumar by
the end of the week. (Note: Zummar is located in the
disputed territories and Ba'aj nominally requires transit
through disputed Sinjar. End Note.) PGOV stated that he will

have IPs escort him and coordinate with local IPs to escort
him when he arrives there. He plans to notify the Ninewa
Operations Command and USF-I, and attempt to avoid the "other
side." PRT Leader reminded PGOV that travel to these areas
will likely incite violence as the peshmerga have behaved
irrationally throughout this situation and USF-I will not get
in the middle of an altercation. USF-I notified PGOV that he
would not get a USF-I escort prior to a renewal of CSM
coordination. Regardless, PGOV is adamant about election
campaigning in these areas.
HILL