VZCZCXRO1995
PP RUEHBC RUEHDE RUEHIHL RUEHKUK RUEHMOS
DE RUEHGB #1324 1141002
ZNY CCCCC ZZH
P 241002Z APR 06
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 4051
INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY
RHEHAAA/WHITE HOUSE WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RUEKJCS/DIA WASHDC PRIORITY
RUEKJCS/JOINT STAFF WASHDC PRIORITY
RUCNFB/FBI WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHMFISS/CDR USCENTCOM MACDILL AFB FL PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY

C O N F I D E N T I A L BAGHDAD 001324 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 04/23/2016 
TAGS: PHUM PGOV PINS PTER OPDAT IZ
SUBJECT: JUDGES TO TRIAGE TARGETED IRAQI DETAINEES 
 
Classified By: Political-Military Affairs Counselor David C. Litt 
 
¶1.  (C) At an April 23 meeting with MNF-I Deputy 
Commanding General - Detainee Operations, Acting 
Justice Attache, and Pol-MilOff, Judge Medhat Mahmoud, 
President of the Iraqi Higher Juridical Council (HJC), 
agreed to identify and deploy emergency panels of 
Iraqi investigative judges to triage critical Iraqi 
prisoner populations - including the so-called 
"Jadiriyah Bunker" and "Site 4" detainees (see paras 
4-5) - currently lacking access to due process. 
 
¶2.  (C) MNF-I will provide armored transport for the 
judicial panels, which will interview and ensure 
appropriate judicial action (release or expedited 
processing) on-site for prisoners held in Iraqi 
facilities, particularly those whose detention is 
irregular/undocumented and those who have experienced 
prolonged pre-trial detention without access to 
judicial review/counsel.  Post will accompany initial 
expeditions and report on their progress. 
 
¶3.  (C) Judge Medhat also named a three-judge panel to 
accompany joint Iraqi-Coalition detention facility 
inspections starting April 25th.  This panel has been 
given written authority by Medhat to exercise 
jurisdiction within Iraqi Ministry of Interior (MOI), 
Defense (MOD), and Justice (MOJ) facilities, and will 
be expected to authorize appropriate releases and 
(critically, in the cases of juvenile prisoners) 
transfers during the course of inspections. 
 
¶4.  (C) START BACKGROUND: Judicial inattention, under- 
capacity and intimidation are significant contributors 
to the poor material conditions and treatment common 
at MOI and MOD detention facilities.  Iraqi pre-trial 
prisoners often linger for months in overcrowded, 
unsanitary, under-supplied warehouses managed by 
inexperienced guards while awaiting judicial hearings 
that should, in a functioning system, lead to their 
speedy release or trial in Iraqi court. 
 
¶5.  (C) Notably, of the 168 prisoners transferred from 
the Jadiriyah Bunker to the MOJ Rusafa Prison in 
November 2005, one-third have yet to appear before a 
judge, and none appear to be under active preparation 
for trial. The 75 prisoners transferred from the MOI 
Site 4 facility to Rusafa in December 2005 have fallen 
into the same limbo, despite the fact that 46 are 
wholly undocumented and would appear to be held 
without legal basis.  END BACKGROUND. 
 
¶6.  (C) START COMMENT: This is not the first time the 
HJC has been approached with requests that it take 
action on specific groups of detainees whom we have 
identified as subject to egregious judicial neglect. 
However, we are hopeful that MNF-I's provision o 
transport and security escort, and perhaps the 
presence of Post officers, may encourage greater 
initiative and interest in adjudicating these cases 
from the designated judges. 
KHALILZAD