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S E C R E T BAGHDAD 000122 
 
SIPDIS 
 
JUSTICE FOR ODAG, CRM, OPDAT, ICITAP 
STATE FOR S/WCI, NEA/I, INL/I 
 
E.O. 12958: DECL: 01/18/2020 
TAGS: PGOV PHUM SOCI KAWC IZ
SUBJECT: IRAQI HIGH TRIBUNAL ISSUES VERDICT IN HALABJA 
CHEMICAL ATTACK CASE 
 
Classified By: Acting DCM Gary A. Grappo, for reasons 1.4 (b) and (d) 
 
¶1.  (C) Summary: On January 17, 2010, the Iraqi High Tribunal 
(IHT) announced its verdict in the trial of Ali Hassan Al 
Majid (a.k.a. &Chemical Ali8), and Iraqi army officers 
Sultan Hashim, Sabir Al Douri, and Farhan Mutlak Saleh for 
the March 16, 1988 chemical attack on the Northeastern Iraqi 
city of Halabja.  The attack killed approximately 5,000 men, 
women and children.  All four defendants were convicted, with 
Ali Hassan receiving his fourth IHT death sentence for the 
charge of genocide, Sultan Hashim and Sabir Al Douri 
receiving 15 year sentences for charges of crimes against 
humanity, and Farhan Mutlak Saleh receiving 10 years for 
charges of crimes against humanity.  Also on January 17, Post 
received a telephone call from Deputy Minister of Justice 
Posho Ibrahim requesting transfer of Ali Hassan, presumably 
in order to carry out his first IHT-issued death sentence for 
the Anfal Genocide Case.  A formal written request from the 
GOI for Ali Hassan is imminently expected.  End Summary. 
 
The Attack on Halabja 
---------------------------- 
 
¶2. (SBU) On March 16, 1988, the ethnically Kurdish town of 
Halabja, located in Northeastern Iraq near the border with 
Iran, was attacked by the Iraqi military.  Several days 
before the attack the town was the site of fighting between 
the Iraqi Army and Iranian forces that had penetrated Iraq. 
On March 16, 1988, the Iraqi Air Force unleashed a 
bombardment with conventional and chemical weapons.  It was 
first time in history that poison gas was used on a large 
scale against a civilian population.  The poison chemicals 
employed included the blister agent mustard gas and nerve 
agents Sarin and Tabun.  The chemical attack was preceded by 
conventional bombing and artillery strikes calculated to 
drive as many people as possible into underground bomb 
shelters where the gas, heavier than air, would settle and 
produce maximum poisonous effect.  The devastating 
combination resulted in the deaths of over 5,000 men, women 
and children and serious injuries to at least 7,000 more. 
Photos taken after the attack depict scenes of families 
huddled together in their final moments of agonizing death 
from the chemical poison.  Ali Hassan,s infamous nickname 
&Chemical Ali8 was spawned from this attack. 
 
Regime Members Stand Trial for Genocide 
--------------------------------------------- ------- 
 
¶3. (SBU) On July 25, 2007, the Iraqi High Tribunal (IHT) 
charged Ali Hassan, Sultan Hashim, Sabir Al Douri, and Farhan 
Mutlak Salah each with one count of genocide and two counts 
of crimes against humanity for their roles in the attack. 
Ali Hassan was the commander of the Northern Bureau at the 
time of the attack, and wielded power in Northern Iraq equal 
to Saddam Hussein.  Sultan Hashim was commander of the First 
and Sixth Troops of the Iraqi Army in the Halabja area. 
Sabir was Director of Military Intelligence and Farhan was 
Regional Director of Military Intelligence.  The trial 
commenced on December 21, 2008.   (Note: The IHT was assisted 
in the investigation and preparation of the Halabja case by 
investigators and attorneys from the Regime Crimes Liaison 
Office (RCLO), a USG interagency unit that supported the 
QOffice (RCLO), a USG interagency unit that supported the 
IHT,s prosecution of crimes committed by the Saddam Hussein 
regime between 1968 and 2003.  End Note.) 
 
¶4.  (C) The case was tried by IHT Trial Chamber II.  This was 
the same trial chamber that conducted the Anfal trial that 
led to the first death sentence for Ali Hassan.  The 
presiding judge of Trial Chamber II was Mohammed Urabi.  In 
November 2009, IHT investigative judge Ali Rubaie issued a 
warrant for the arrest of Mohammed Urabi based on a complaint 
of his conduct as an investigative judge during the Saddam 
Hussein regime.  Judge Mohammed currently resides in the KRG, 
and because of the warrant, refuses to return to the court. 
His refusal to return led to his replacement as Trial Chamber 
II presiding judge.  Judge Aboud Al Hamami, the recently 
named presiding judge of Trial Chamber V was named to replace 
him.  Judge Aboud is currently the presiding judge of both 
Trial Chambers II and V. 
 
IHT Renders Verdict and Issues Sentences 
--------------------------------------------- ------ 
 
 
¶5. (S) On January 17, 2010, Trial Chamber II issued its 
verdict in the Halabja case.  Ali Hassan was convicted of all 
three charges and received the maximum penalty of death by 
hanging for the charge of genocide.  Ali Hassan has now 
officially acquired four death sentences.  He had been 
convicted previously by the IHT in five separate cases and 
received death sentences in three of them; the Friday Prayers 
Case, the 1991 Shi,a Uprising Case, and the Anfal Case.  Ali 
Hassan still awaits the execution of his first death 
sentence, issued for Anfal in June 2007.  The Presidency 
Council signed Ali Hassan,s Anfal death warrant in February 
2008, ostensibly resolving a conflict between the Prime 
Minister and Presidency Council over the constitutional 
requirements for execution of an IHT death sentence.  Ali 
Hassan is currently held by US military forces.  On January 
17, Embassy,s Ministry of Justice Advisor received a 
telephone call from Deputy Minister of Justice Posho Ibrahim 
requesting transfer of Ali Hassan in order to carry out his 
Anfal death sentence.  (COMMENT: We are awaiting formal 
written request from the GOI for Al Hassan before we transfer 
him to GOI custody.  A move by the GOI to execute Ali Hassan 
before the March elections may maximize political benefit for 
current Prime Minister Nouri Al-Maliki amongst Kurdish 
voters. END COMMENT) 
 
¶6. (SBU) Sultan Hashim, the area,s military commander at the 
time, and Sabir Al Douri, Commander of Military Intelligence, 
were acquitted on the charge of genocide but received 
sentences of 15 years on the two charges of crimes against 
humanity.  Sultan Hashim carries a death sentence from the 
IHT for his management of the Anfal Campaign in 1987 and 
1988, though the Presidency Council has refused to ratify 
that sentence.  Sabir Al Douri carries a life sentence for 
his role in Anfal.  Farhan Mutlak Saleh, the Regional 
Director of Military Intelligence, was acquitted of genocide, 
but received a sentence of 10 years on the two charges of 
crimes against humanity.  Farhan also carries a life sentence 
for his role in Anfal. 
 
¶7. (C) Comment:  The verdict in the Halabja case is the 
eighth verdict issued by the IHT since the commencement of 
trial operations in October 2005.  The court currently has 
ten cases in litigation with another four cases under 
investigation.  Article 134 of the Iraqi Constitution calls 
for the dissolution of the court by the Council of 
Representatives when its work is completed.  There is 
currently a proposed bill in the Iraqi Parliament that would 
end the court,s work on April 30, 2010.  However, it appears 
unlikely that this bill will pass.  Most IHT personnel that 
the Embassy Rule of Law Coordinator,s IHT liaison has spoken 
to expressed belief that the work of the IHT will not be 
completed until mid-2010 at the earliest.  However, there is 
no firm direction on when the court will end its work as some 
IHT judges feel their security and status are tied to the 
continuation of the court.  End Comment. 
HILL