VZCZCXRO7536
PP RUEHBC RUEHDE RUEHIHL RUEHKUK
DE RUEHMOS #0053/01 1451220
ZNY CCCCC ZZH
P 251220Z MAY 06
FM REO MOSUL
TO RUEHC/SECSTATE WASHDC PRIORITY 0487
INFO RUEKJCS/SECDEF WASHINGTON DC
RUCNRAQ/IRAQ COLLECTIVE
RHMFISS/HQ USCENTCOM MACDILL AFB FL
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUEHLU/AMEMBASSY LUANDA 0077
RUEHBY/AMEMBASSY CANBERRA 0060
RUEHCV/AMEMBASSY CARACAS 0064
RHMFISS/DEPT OF JUSTICE WASHINGTON DC
RUEHMOS/REO MOSUL 0506

C O N F I D E N T I A L SECTION 01 OF 02 MOSUL 000053 
 
SIPDIS 
 
SIPDIS 
 
DOJ OPDAT/ALEXANDRE; OCONNOR 
 
E.O. 12958: DECL:  5/25/2016 
TAGS: PREL PINS PINT PGOV PHUM IZ MARR KCRM
SUBJECT: NINEWA PRT RULE OF LAW: NINEWA CRIMINAL JUSTICE COMMITTEE 
AGREES ON SEPARATE TERRORIST COURT FOR INSURGENTS 
 
REF: MOSUL 39 
 
MOSUL 00000053  001.2 OF 002 
 
 
CLASSIFIED BY: Cameron Munter, PRT Leader, Provincial 
Reconstruction Team Ninewa, State. 
REASON: 1.4 (a), (b), (d) 
 
 
 
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SUMMARY 
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¶1.  (C) Rule of law is the foundation of an effective criminal 
justice system that empowers governments to provide security and 
stability.  Using this concept, the PRT Rule of Law Team is 
working with local officials on the establishment of the Ninewa 
Criminal Justice Committee (NCJC).  The NCJC allows, through 
dialogue, members of the provincial criminal justice community 
to address problems and create solutions collectively.  During 
the second meeting, held on May 20, NCJC members spoke about the 
importance of trying terrorists in the province, ensuring Iraqi 
Security Forces play a leading role in investigations and 
arrests of terrorist suspects, and the need for working with the 
Iraqi press on terrorist cases and the treatment of detainees. 
Members of the NCJC are calling on the GOI for assistance with 
these issues.  End Summary. 
 
¶2.  (SBU) Members of MNF-N, Ninewa PRT Rule of Law Coordinator, 
PRT Deputy Team Leader, and PolOff observed the second meeting 
of the Ninewa Criminal Justice Committee (NCJC) at Iraqi Army 
(IA) 2nd Division base al-Kindi in Mosul on May 20.  NCJC 
members included IA 2nd Division Commander MG Jamaal, Provincial 
Chief of Police MG Wathiq al-Qudir, Ninewa Chief Judge Faisal 
Sadeeq Hadeed (known as Chief Judge Faisal), Investigative Judge 
Aamer Hassan al-Rubaie (known as Judge Aamer), Provincial 
Council Legal Committee Chair Mohammed al-Jawadi, and IA 2nd 
Division Legal Advisor LTC Daoud. 
 
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CLAIMS OF INTERFERENCE WITH INVESTIGATIONS 
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¶3.  (C) The second NCJC meeting continued building on dialogue 
among Ninewa's criminal justice community (reftel).  NCJC 
members said they would work collectively on finding solutions 
to problems of trying terrorists in the province, ensuring Iraqi 
Security Forces (ISF) played a leading role in investigations 
and arrests of terrorist suspects, and dealing with the Iraqi 
press regarding terrorist cases and treatment of detainees.  IA 
MG Jamaal and Chief of Police MG al-Qudir claimed there was 
interference from Coalition Forces (CF) with case development. 
Al-Qudir stated that CF detention of many insurgent suspects was 
largely counter-productive.  He explained that many suspects 
were aiding the insurgency only for personal profit, however, 
after months of detention in CF facilities, they emerged as 
skilled terrorists.  Both Jamaal and al-Qudir felt leaving such 
suspects in Iraqi custody was a better solution.  Al-Qudir went 
on to say that CF was not serious about long-term imprisonment 
as many CF detainees were back on the streets after six months. 
Both men claimed to be ready to handle their own arrests and see 
them through to conviction.  Investigative Judge Aamer concurred 
and relayed an example where he interrogated a high profile 
insurgent defendant over three days resulting in a detailed 
16-page confession.  Aamer claimed 95 witnesses requested to 
testify against the suspect, however, without notice or 
coordination, CF removed the suspect from Iraqi custody, 
effectively terminating his prosecution.  [NOTE: In such cases 
CF obtains additional information about a suspect which prompts 
CF to take custody of the suspect for his intelligence value. 
Regarding the comments made by al-Qudir, MNF-N representatives 
present at the meeting said they spoke to al-Qudir afterwards 
and he made clear he believed CF was doing everything possible 
to assist in these matters]. 
 
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MEDIA SUPPORT NEEDED FOR TERRORIST CASES 
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¶4.  (C) The committee roundly bemoaned the lack of media 
coverage of Mosul insurgents convicted in Iraqi courts.  Judge 
Aamer said that several Mosul insurgents had been given long 
sentences from the Central Criminal Court in Baghdad, yet none 
of these cases were reported in the Ninewa media.  That led to 
the acknowledgement by all NCJC members that terrorists needed 
 
MOSUL 00000053  002.2 OF 002 
 
 
to be tried in the province, and that the trials should be made 
visible -- through the media -- so the public could see the 
consequences of helping the insurgency.  With this in mind, NCJC 
members agreed that a separate and secure court location, away 
from the provincial courthouse, should be established to try 
terrorist cases and that judges from outside the province should 
handle such trials.  Judge Faisal made clear, however, that the 
judges in Ninewa were living in fear but were not cowards.   He 
emphasized, with agreement from al-Qudir, that outside judges 
were needed to avoid conflicts of interest.  Faisal explained 
that extensive tribal ties in Ninewa would make it difficult for 
local judges to stay impartial in high profile cases. 
 
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KEEPING TERRORISTS BEHIND BARS 
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¶5.  (C) Al-Qudir and Judge Aamer inquired with PRT Rule of Law 
Coordinator on the strategy of prosecuting terrorists for lesser 
crimes, such as use of false identification, for example, as a 
way to get terrorists off the streets when a lack of physical 
evidence or reluctant witnesses made prosecution on a terrorism 
charge impossible.  Al-Qudir suggested such prosecutions would 
garner enough prison time to allow the judges and police the 
possibility to build a case on more serious charges.  The PRT 
Rule of Law Coordinator endorsed this strategy and stated that 
it was a not uncommon for American prosecutors to use a similar 
approach.  Al-Qudir believed keeping terrorists behind bars, 
even for a few years, could significantly reduce crime in the 
province. 
 
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COMMENT 
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¶6.  (C) Although hard and practical solutions are yet to emerge 
from the first two meetings of the NCJC, the amount and tenor of 
the dialogue is a positive sign.  Getting all of the players in 
the criminal justice system is itself a feat and a good sign of 
progress in the province.  The new addition of the legal 
representatives of the provincial council and the Iraqi Army 
should provide more ideas for ways to address the serious 
criminal justice problems in Ninewa.  The focus by the committee 
on its problems with CF was not particularly helpful as it took 
valuable time away from the Iraqis discussing their own 
dysfunction in successfully prosecuting serious criminals. 
MUNTER